[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Proposed Rules]
[Pages 15154-15160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07386]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0807; Product Identifier 2018-NM-003-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: We are revising an earlier proposal for certain Airbus SAS 
Model A330-200, A330-300, A340-200, and A340-300 series airplanes. This 
action revises the notice of proposed rulemaking (NPRM) by adding 
certain airplanes to certain compliance time tables. We are proposing 
this airworthiness directive (AD) to address the unsafe condition on 
these products. Since these actions would impose an additional burden 
over those in the NPRM, we are reopening the comment period to allow 
the public the chance to comment on these changes.

DATES: The comment period for the NPRM published in the Federal 
Register on October 15, 2018 (83 FR 51889), is reopened.
    We must receive comments on this SNPRM by May 30, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus 
SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700 
Blagnac Cedex, France; phone: +33 5 61 93 36 96; fax: +33 5 61 93 45 
80; email: [email protected]; internet: http://www.airbus.com. You may view this referenced service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0807; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this SNPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3229.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-0807; 
Product Identifier 2018-NM-003-AD'' at the beginning of your comments. 
We specifically invite

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comments on the overall regulatory, economic, environmental, and energy 
aspects of this SNPRM. We will consider all comments received by the 
closing date and may amend this SNPRM based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this SNPRM.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain Airbus Model A330-200, A330-300, A340-200, and 
A340-300 series airplanes. The NPRM published in the Federal Register 
on October 15, 2018 (83 FR 51889). The NPRM was prompted by a report 
that revealed the wheel axles of the main landing gear (MLG) were 
machined with a radius as small as 0.4 millimeters and a determination 
that the life limit for the affected wheel axles of the MLG must be 
reduced. The NPRM proposed to require an inspection to determine the 
part number and serial number of each MLG wheel axle and replacement of 
affected parts prior to exceeding the reduced life limits.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we have determined that certain airplanes 
were missing from certain compliance time tables in the proposed AD.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0150, dated July 16, 2018 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Airbus Model A330-200, A330-300, A340-200, 
and A340-300 series airplanes. The MCAI states:

    In the past, EASA received a report, via Airbus and Messier-
Bugatti-Dowty Ltd, from a MRO [Maintenance Repair Organization], 
concerning a specific repair accomplished on certain MLG wheel 
axles. Investigations revealed that the axles were machined with a 
radius as small as 0.4 mm.
    This condition, if not corrected, has a detrimental effect on 
the fatigue lives of these parts, possibly affecting the structural 
integrity of the aeroplane. Fatigue analyses were performed and the 
results indicated that the life limit of the affected MLG wheel 
axles must be reduced to below the one stated in the A330 and A340 
Airbus Airworthiness Limitation Section (ALS) Part 1.
    To address this potential unsafe condition, EASA issued AD 2011-
0170 [which corresponds to FAA AD 2013-08-03, Amendment 39-17420 (78 
FR 23105, April 18, 2013) (``AD 2013-08-03'')], which required the 
replacement of the MLG wheel axles before exceeding the new reduced 
demonstrated life limit. After that [EASA] AD was issued, it was 
discovered that additional MLG wheel axles were subject to repairs 
by the same MRO. Consequently, EASA issued AD 2013-0067, retaining 
the requirements of EASA AD 2011-0170, which was superseded, and 
required the replacement of this additional batch of affected MLG 
wheel axles.
    Since EASA AD 2013-0067 was issued, it was reported that two 
additional MROs have accomplished similar incorrect repairs on 
additional MLG wheel axles, necessitating implementation of a 
reduced life limit. The affected MLG wheel axles, as well as the 
related life limits, have been published in Airbus SB [service 
bulletin] A330-32-3282 and SB A340-32-4311, as applicable to 
aeroplane type.
    Consequently, EASA issued AD 2017-0245, retaining the 
requirements of EASA AD 2013-0067, which was superseded, to require 
identification and replacement of the affected MLG wheel axles.
    Since EASA AD 2017-0245, it was determined that some aeroplane 
models were missing from the Tables in Appendix 1 [of EASA AD 2017-
0245]. It was also determined that the compliance times [of EASA AD 
2017-0245] needed to be clarified.
    For the reasons described above, this [EASA] AD fully retains 
the requirements of EASA AD 2017-0245, which is superseded, and 
introduces the necessary clarifications. This [EASA] AD also 
contains some editorial changes to meet the current [EASA] AD 
writing standards, without affecting the technical content or 
requirements.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0807.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A330-32-3282, Revision 03, 
including Appendixes 01, 02, and 03, dated October 24, 2017; and 
Service Bulletin A340-32-4311, Revision 03, including Appendixes 01, 
02, and 03, dated October 24, 2017. This service information describes 
procedures for inspecting the MLG wheel axles to determine the part 
number and serial number, and replacing the affected MLG wheel axles. 
This service information also specifies reduced life limits for the 
affected MLG wheel axles. These documents are distinct since they apply 
to different airplane models.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We considered the comments received. Air Line Pilots 
Association, International (ALPA) stated that it supports the NPRM.

Request To Add Certain Airplanes to Certain Tables With Post-Repair 
Life Limits

    American Airlines (AAL) and an anonymous commenter requested that 
we add certain airplanes to certain compliance time tables with post-
repair life limits in the proposed AD. AAL stated that tables 2 and 3 
to paragraphs (g)(2), (g)(3), and (i) of the proposed AD (in the NPRM) 
are missing airplane Model A330-323. AAL commented that this airplane 
model is shown as Model A330-3xx in Compliance Tables 2, 3, 4 and 5 of 
Airbus Service Bulletin A330-32-3282, Revision 03, dated October 24, 
2017. AAL stated that it operates 9 Model A300-323 airplanes at 
``WV022'' and without this airplane model included in the proposed AD, 
it would not be able to comply with the proposed AD as written.
    An anonymous commenter stated that Model A330-302, A330-303, A330-
323 and A330-343 airplanes are missing in tables 2 and 3 to paragraphs 
(g)(2), (g)(3), and (i) of the proposed AD (in the NPRM). The anonymous 
commenter stated that these airplanes have been added to EASA AD 2018-
0150, dated July 16, 2018, because they were missing in EASA AD 2017-
0245, dated December 11, 2017.
    We agree with the commenters request. We have added airplane Models 
A330-302, A330-303, A330-323, and A330-343 to tables 2 and 3 to 
paragraphs (g)(2), (g)(3), and (i) of the proposed AD (in this SNPRM) 
for the reasons stated previously.

FAA's Determination and Requirements of This SNPRM

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    Certain changes described above expand the scope of the SNPRM. As a 
result, we have determined that it is

[[Page 15156]]

necessary to reopen the comment period to provide additional 
opportunity for the public to comment on this SNPRM.

Costs of Compliance

    We estimate that this proposed AD affects 29 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170           $4,930
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition 
replacements that would be required based on the results of any 
required actions. We have no way of determining the number of aircraft 
that might need these on-condition replacements:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
16 work-hours x $85 per hour =    $40,000 (per part)  $41,360 (per
 $1,360 (per part).                                    part).
------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes and associated appliances to the 
Director of the System Oversight Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Airbus SAS: Docket No. FAA-2018-0807; Product Identifier 2018-NM-
003-AD.

(a) Comments Due Date

    We must receive comments by May 30, 2019.

(b) Affected ADs

    This AD affects AD 2013-08-03, Amendment 39-17420 (78 FR 23105, 
April 18, 2013) (``AD 2013-08-03'').

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any 
category, specified in paragraphs (c)(1) through (c)(5) of this AD.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes, all 
manufacturer serial numbers (MSNs), except those on which Airbus 
Modification 54500 has been embodied in production.
    (2) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes, all manufacturer serial numbers, except MSNs 
0896, 0905, and 0913 (which are specified in paragraph (c)(3) of 
this AD), and except those on which Airbus Modification 54500 has 
been embodied in production.
    (3) Model A330-343 airplanes, MSNs 0896, 0905, and 0913, except 
those on which the actions in Airbus Service Bulletin A330-32-3273 
have been embodied in service.
    (4) Model A340-211, -212, and -213 airplanes, all manufacturer 
serial numbers, except those on which Airbus Modification 54500 has 
been embodied in production.
    (5) Model A340-311, -312, and -313 airplanes, all manufacturer 
serial numbers, except those on which Airbus Modification 54500 has 
been embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Reason

    This AD was prompted by a report that revealed the wheel axles 
of the main landing gear (MLG) were machined with a radius as small 
as 0.4 millimeters and a determination that the life limit for the 
affected wheel axles of the MLG must be reduced. We are issuing this 
AD to address fatigue of the wheel axles

[[Page 15157]]

of the MLG, which could result in reduced structural integrity of 
the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    (1) For the purpose of this AD, the affected MLG wheel axles are 
listed by part number and serial number in Appendix 01 (Maintenance 
Repair Organization (MRO 1), Appendix 02 (MRO 2), and Appendix 03 
(MRO 3) of Airbus Service Bulletin A330-32-3282, Revision 03, dated 
October 24, 2017; and Airbus Service Bulletin A340-32-4311, Revision 
03, dated October 24, 2017; as applicable.
    (2) For the purpose of this AD, a serviceable MLG wheel axle is 
an affected MLG wheel axle that has not exceeded the applicable 
post-repair life limit values as specified in table 1 to paragraphs 
(g)(2), (g)(3), and (i) of this AD, table 2 to paragraphs (g)(2), 
(g)(3), and (i) of this AD, or table 3 to paragraphs (g)(2), (g)(3), 
and (i) of this AD; or a part that is not an affected MLG wheel 
axle.
    (3) For the purpose of this AD, the term ``post-repair life 
limits'' represents the time-in-service, flight cycles, or flight 
hours, whichever occurs first, accumulated since repair by the 
affected MRO specified in table 1 to paragraphs (g)(2), (g)(3), and 
(i) of this AD, table 2 to paragraphs (g)(2), (g)(3), and (i) of 
this AD, or table 3 to paragraphs (g)(2), (g)(3), and (i) of this 
AD.
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(h) Inspection To Determine Part Number and Serial Number

    Within 90 days after the effective date of this AD: Do an 
inspection of each MLG wheel axle (left-hand and right-hand sides) 
to determine the part number and serial number. A review of airplane 
delivery or maintenance records is acceptable to make this 
determination, in lieu of inspecting a MLG wheel axle, provided 
those records can be relied upon for that purpose and the part 
number and serial number of the affected part can be positively 
identified from that review.

(i) Replacement of Affected MLG Wheel Axles

    If any affected MLG wheel axle is found: Within the compliance 
time specified in table 1 to paragraphs (g)(2), (g)(3), and (i) of 
this AD, table 2 to paragraphs (g)(2), (g)(3), and (i) of this AD, 
or table 3 to paragraphs (g)(2), (g)(3), and (i) of this AD; replace 
each repaired MLG wheel axle with a serviceable MLG wheel axle, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A330-32-3282, Revision 03, dated October 24, 2017; or 
Airbus Service Bulletin A340-32-4311, Revision 03, dated October 24, 
2017; as applicable. Regardless of the applicable post-repair life 
limits as specified in table 1 to paragraphs (g)(2), (g)(3), and (i) 
of this AD, table 2 to paragraphs (g)(2), (g)(3), and (i) of this 
AD, or table 3 to paragraphs (g)(2), (g)(3), and (i) of this AD, the 
life limits as specified in Airbus A330/A340 Airworthiness 
Limitation Section (ALS) Part 1 cannot be exceeded.

(j) Parts Installation Limitation

    As of the effective date of this AD, any affected MLG wheel axle 
repaired by MRO 1, MRO 2, or MRO 3 may be installed on an airplane, 
provided the MLG wheel axle is a serviceable part as defined in 
paragraph (g)(2) of this AD.

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(k) Terminating Action for AD 2013-08-03

    Accomplishing the inspection and replacement required by 
paragraphs (h) and (i) of this AD terminates all requirements of AD 
2013-08-03.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (m)(2) of this AD. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (EASA); or Airbus SAS's EASA Design Organization 
Approval (DOA). If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information 
contains procedures or tests that are identified as RC, those 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0150, dated July 16, 2018, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2018-0807.
    (2) For more information about this AD, contact Vladimir 
Ulyanov, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3229.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine 
No: 2, 31700 Blagnac Cedex, France; phone: +33 5 61 93 36 96; fax: 
+33 5 61 93 45 80; email: [email protected]; 
Internet: http://www.airbus.com. You may view this service 
information at the FAA, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on April 8, 2019.
Michael J. Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-07386 Filed 4-12-19; 8:45 am]
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