[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]
[Proposed Rules]
[Pages 28431-28434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12877]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0439; Product Identifier 2019-NM-037-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-22-
18, which applies to all Airbus SAS Model A330-243, -243F, -341, -342, 
and -343 airplanes. AD 2012-22-18 requires repetitive inspections of 
the three inner acoustic panels of both engine air intake cowls to 
detect disbonding, and corrective actions if necessary. Since we issued 
AD 2012-22-18, we have received additional reports of engine air inlet 
cowl collapse. This proposed AD would retain the requirements of AD 
2012-22-18 with a reduced compliance time and reduced repetitive 
inspection intervals. This proposed AD would also provide for an 
optional modification that is terminating action for the repetitive 
inspections. These actions are specified in a European Aviation Safety 
Agency (EASA) AD, which will be incorporated by reference. We are 
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by August 5, 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.

[[Page 28432]]

     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 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be 
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email 
ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this IBR 
material on the EASA website at https://ad.easa.europa.eu. You may view 
this IBR material 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. It is also available in the AD 
docket on the internet at http://www.regulations.gov.

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-2019-
0439; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
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; telephone 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-2019-0439; 
Product Identifier 2019-NM-037-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    We issued AD 2012-22-18, Amendment 39-17256 (77 FR 70366, November 
26, 2012) (``AD 2012-22-18''), for all Airbus SAS Model A330-243, -
243F, -341, -342, and -343 airplanes. AD 2012-22-18 requires repetitive 
inspections of the three inner acoustic panels of both engine air 
intake cowls to detect disbonding, and corrective actions if necessary. 
AD 2012-22-18 resulted from reports of extensive damage to engine air 
intake cowls as a result of acoustic panel detachment. We issued AD 
2012-22-18 to address disbonding, which could result in detachment of 
the engine air intake cowl from the engine leading to ingestion of 
parts, which could cause failure of the engine, and possible injury to 
persons on the ground.

Actions Since AD 2012-22-18 Was Issued

    Since we issued AD 2012-22-18, we have received additional reports 
of engine air inlet cowl collapse and made a determination that there 
should be a reduction of the existing compliance time and repetitive 
inspection intervals required by AD 2012-22-18.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0042, dated February 27, 2019 
(``EASA AD 2019-0042'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A330-243, A330-243F, A330-341, A330-
342 and A330-343 airplanes. The MCAI states:

    Occurrences were reported on A330 aeroplanes fitted with Rolls-
Royce Trent 700 engines, where the air inlet cowl was found with 
extensive damage, as a result of acoustic panel collapse. The 
technical investigation results revealed that these occurrences were 
caused by panel disbonding.
    This condition, if not detected and corrected, could lead to in-
flight detachment of an air inlet cowl acoustic panel, possibly 
resulting in damage to the aeroplane, and/or in damage to the engine 
by ingestion of parts, and/or injury to persons on the ground.
    To initially address this potential unsafe condition, Airbus 
published the inspection [service bulletin] SB (original issue up to 
Revision 03), to provide instructions for [special detailed 
inspection] SDI of the three acoustic panels of air inlet cowl. 
Consequently, EASA issued AD 2011-0173 [which corresponds to FAA AD 
2012-22-18] to require repetitive SDI of these air inlet cowl 
acoustic panels on both engines.
    Since that [EASA] AD was issued, Airbus developed mod 202395, 
installation of improved inner acoustic panels, and published the 
modification SB, which constitutes an optional terminating action 
for the SDI. Consequently, EASA AD 2011-0173 was revised to 
introduce this optional terminating action.
    Since that revised [EASA] AD was issued, new events of Rolls-
Royce Trent 700 engines air inlet cowl collapse have been reported. 
These events only occurred on pre-mod 202395 engine air inlet cowls. 
Prompted by these findings, Airbus performed new calculations of the 
SDI threshold/interval values and those of the Acceptable/Repairable 
Damage Limits, leading to an amended inspection programme.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2011-0173R1, which is superseded, and 
requires the SDI of affected parts at amended threshold(s) and 
interval(s), and, depending on findings, repair or replacement of 
affected parts. This [EASA] AD also allows a post-mod aeroplane to 
be modified, either partially or completely, to pre-mod 
configuration [which terminates the need for the repetitive 
inspections].

    The initial compliance time for the special detailed inspection is 
within 12 months after an installation or inspection, or 6 months after 
the effective date of the AD, whichever occurs later; but not to exceed 
24 months since the last inspection. The compliance times for the 
corrective action are before further flight and before 10 flight cycles 
since the last inspection, depending on the condition. The repetitive 
inspection interval is 12 months.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2012-22-18, this proposed AD would retain all of the 
requirements of AD 2012-22-18, except the existing compliance time and 
repetitive inspection intervals are reduced. Those requirements are 
referenced in EASA AD 2019-0042, which, in turn, is referenced in 
paragraph (g) of this proposed AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0042 describes procedures for repetitive inspections 
of engine air inlet cowls having certain part numbers, repair or 
replacement of any engine air inlet cowl that has disbonding, and an 
optional modification that terminates the need for the repetitive 
inspections. This material is reasonably available because the 
interested parties have access to it through their normal course of 
business

[[Page 28433]]

or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    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 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.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0042 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA worked with Airbus and EASA to develop a process to 
use certain EASA ADs as the primary source of information for 
compliance with requirements for corresponding FAA ADs. As a result, 
EASA AD 2019-0042 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2019-0042, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Service information specified in EASA AD 2019-0042 that is required for 
compliance with EASA AD 2019-0042 will be available on the internet 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0439 after the FAA final rule is published.

Costs of Compliance

    We estimate that this proposed AD affects 47 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                        Cost per
             Action                  Labor cost        Parts cost        product        Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2012-   Up to 20 work-                  $0          $1,700  Up to $79,900.
 22-18.                           hours x $85 per
                                  hour = Up to
                                  $1,700.
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                  Estimated Costs for Optional Actions
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          Labor cost             Parts cost         Cost per product
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Up to 154 work hours x $85                (*)  Up to $13,090.*
 per hour = Up to $13,090.
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* We have received no definitive data on the parts costs for the
  optional actions.

    We estimate the following costs to do any necessary on-condition 
action 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 this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
          Labor cost             Parts cost         Cost per product
------------------------------------------------------------------------
Up to 34 work-hours x $85 per             (*)  Up to $2,890.*
 hour = Up to $2,890.
------------------------------------------------------------------------
* We have received no definitive data on the parts costs for the on-
  condition actions.

    The new requirements of this proposed AD add no additional economic 
burden. However, the optional modification, if done, would result in 
additional costs as specified in the ``Estimate costs for optional 
actions'' table.

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

[[Page 28434]]

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 removing Airworthiness Directive (AD) 
2012-22-18, Amendment 39-17256 (77 FR 70366, November 26, 2012), and 
adding the following new AD:

Airbus SAS: Docket No. FAA-2019-0439; Product Identifier 2019-NM-
037-AD.

(a) Comments Due Date

    We must receive comments by August 5, 2019.

(b) Affected ADs

    This AD replaces 2012-22-18, Amendment 39-17256 (77 FR 70366, 
November 26, 2012) (``AD 2012-22-18'').

(c) Applicability

    This AD applies to all Airbus SAS Model A330-243, -243F, -341, -
342, and -343 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by reports of extensive damage to engine 
air intake cowls as a result of acoustic panel collapse. We are 
issuing this AD to address disbonding, which could result in 
detachment of the engine air intake cowl from the engine, leading to 
ingestion of parts, which could cause failure of the engine, and 
possible injury to persons on the ground.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Aviation Safety Agency (EASA) AD 2019-
0042, dated February 27, 2019 (``EASA AD 2019-0042'').

(h) Exceptions to EASA AD 2019-0042

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0042 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0042 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0042 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k)(2) of this AD. Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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 instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or 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): For any service information 
referenced in EASA AD 2019-0042 that contains RC procedures and 
tests: Except as required by paragraph (j)(2) of this AD, RC 
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.

(k) Related Information

    (1) For information about EASA AD 2019-0042, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email ADs@easa.europa.eu; Internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD 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. EASA AD 2019-0042 may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0439.
    (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; 
telephone and fax 206-231-3229.

    Issued in Des Moines, Washington, on June 10, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-12877 Filed 6-18-19; 8:45 am]
 BILLING CODE 4910-13-P


