[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Rules and Regulations]
[Pages 38859-38862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16812]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0574; Product Identifier 2018-NM-150-AD; Amendment 
39-19688; AD 2019-14-10]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-02-
11, which applies to certain Airbus SAS Model A330-301, -321, -322, and 
-342 airplanes. AD 2018-02-11 requires contacting the FAA to obtain 
instructions for addressing the unsafe condition on these products, and 
doing the actions specified in those instructions. Since the FAA issued 
AD 2018-02-11, the agency received a report of additional cracking 
found on different airplane models, and of an update to the fatigue and 
damage tolerance analysis. This AD requires repetitive detailed 
inspections of the horizontal stabilizer (HS) center box (CB) top skin 
integral flange area, and repair if necessary. This AD also expands the 
applicability to include additional airplane models. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD becomes effective August 23, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 23, 
2019.
    The FAA must receive comments on this AD by September 23, 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 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For the material incorporated by reference (IBR) in this AD, 
contact the EASA, at 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-
0574; 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 AD, 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: 

Discussion

    The FAA issued AD 2018-02-11, Amendment 39-19164 (83 FR 2894, 
January 22, 2018) (``AD 2018-02-11''), for certain Airbus SAS Model 
A330-301, -321, -322, and -342 airplanes. AD 2018-02-11 requires 
contacting the FAA to obtain instructions for addressing the unsafe 
condition on these products, and doing the actions specified in those 
instructions. AD 2018-02-11 resulted from a report of cracking in the 
top skin of the HS CB of an airplane in pre-modification 41330 
configuration. The FAA issued AD 2018-02-11 to address cracking in the 
HS CB, which could lead to reduced structural integrity of the 
airplane.

Actions Since AD 2018-02-11 Was Issued

    Since the FAA issued AD 2018-02-11, the FAA received a report of 
additional cracking found on different airplane models, and of an 
update to the fatigue and damage tolerance analysis. The FAA has 
determined that additional airplanes are subject to the unsafe 
condition.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0226, dated October 22, 2018 
(``EASA AD 2018-0226'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A330-223, -243, -301, -302, -
321, -322, -323, -341, -342, and -343 airplanes; and Model A340-200 and 
-300 series airplanes. The MCAI states:

    Cracks were found in the horizontal stabilizer (HS) centre box 
(CB) top skin of an A330 aeroplane in pre-mod 41330 configuration. 
The cracks were initiated at the upper flange corner at Rib 3 rear 
spar area on left hand side of the CB.
    This condition, if not detected and corrected, could lead to 
reduced structural integrity of the HS CB of the aeroplane.
    To address this unsafe condition, Airbus published SB [service 
bulletin] A330-55-3046 to provide inspection instructions for

[[Page 38860]]

the affected area (see Appendix 1 of this [EASA] AD), only 
applicable to some pre-mod 41330 A330 MSN [manufacturer serial 
number]. Consequently, EASA issued AD 2017-0078 (which corresponds 
to FAA AD 2018-02-11) to require a one-time special detailed 
inspection (SDI) of the HS CB top skin integral flange area and, 
depending on findings, accomplishment of applicable corrective 
action(s).
    Since that [EASA] AD was issued, new crack finding occurrences 
were reported on different aeroplanes. Based on the reported 
findings, and the updated fatigue and damage tolerance analysis, it 
is necessary to extend the inspection to all pre-mod 41330 
aeroplanes as well as to a limited number of post-mod aeroplanes, 
and to introduce repetitive inspections for all affected aeroplanes. 
Consequently, Airbus published the applicable SB to provide 
instructions for repetitive inspections for the affected area.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2017-0078, which is superseded, expands the 
Applicability to include A340 and additional A330 aeroplanes, and 
introduces repetitive inspections.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2018-02-11, this AD would retain requirements equivalent to those of AD 
2018-02-11. Those requirements are referenced in EASA AD 2018-0226, 
which, in turn, is referenced in paragraph (g) of this AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0226 describes procedures for repetitive special 
detailed inspections (SDI) of the HS CB top skin integral flange area 
and, repair if necessary. This material 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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to a bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD because the agency 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2018-0226 described previously, except for any differences identified 
as exceptions in the regulatory text of this AD. This AD also requires 
sending the inspection results to Airbus.

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 2018-0226 is incorporated by reference in the FAA final rule. 
This AD, therefore, requires compliance with the provisions specified 
in EASA AD 2018-0226, except for any differences identified as 
exceptions in the regulatory text of this AD. Service information 
specified in EASA AD 2018-0226 that is required for compliance with 
EASA AD 2018-0226 is available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0574.

FAA's Justification and Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary. In addition, for the reasons stated above, the FAA finds 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites you to send any written relevant data, 
views, or arguments about this AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2019-0574; 
Product Identifier 2018-NM-150-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. The FAA will 
consider all comments received by the closing date and may amend this 
AD based on those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, the following are cost estimates to comply with this AD:

                  Estimated Costs for Required Actions
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            Labor cost                Parts cost      Cost per product
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1 work-hour x $85 per hour = $85..              $0  $85 per inspection.
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    The FAA estimates that it would take about 1 work-hour per product 
to comply with the on-condition reporting requirement in this AD. The 
average labor rate is $85 per hour. Based on these figures, the FAA 
estimates the cost of reporting the inspection results on U.S. 
operators to be $85 per product.
    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions specified 
in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW, Washington,

[[Page 38861]]

DC 20591, ATTN: Information Collection Clearance Officer, AES-200.

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.
    The FAA is 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 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

    The FAA determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will 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 that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Will not affect intrastate aviation in Alaska; and
    3. 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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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) 
2018-02-11, Amendment 39-19164 (83 FR 2894, January 22, 2018), and 
adding the following new AD:

2019-14-10 Airbus SAS: Amendment 39-19688; Docket No. FAA-2019-0574; 
Product Identifier 2018-NM-150-AD.

(a) Effective Date

    This AD becomes effective August 23, 2019.

(b) Affected ADs

    This AD replaces AD 2018-02-11, Amendment 39-19164 (83 FR 2894, 
January 22, 2018) (``AD 2018-02-11'').

(c) Applicability

    This AD applies to Airbus SAS Model A330-223, -243, -301, -302, 
-321, -322, -323, -341, -342, and -343 airplanes; and Model A340-
211, -212, -213, -311, -312, and -313 airplanes; certificated in any 
category; as identified in European Aviation Safety Agency (EASA) AD 
2018-0226, dated October 22, 2018 (``EASA AD 2018-0226'').

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by a report of cracking in the top skin of 
the horizontal stabilizer (HS) center box (CB) of an airplane in 
pre-modification 41330 configuration. This AD was also prompted by 
report of additional cracking found on different airplanes, and of 
an update to the fatigue and damage tolerance analysis. The FAA is 
issuing this AD to address cracking in the horizontal stabilizer 
center box, which could lead to reduced structural integrity of the 
airplane.

(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, EASA AD 2018-0226.

(h) Exceptions to EASA AD 2018-0226

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2018-0226 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) Where EASA AD 2018-0226 refers to a compliance time of after 
May 17, 2017, this AD requires using February 6, 2018 (the effective 
date of AD 2018-02-11).
    (3) The ``Remarks'' section of EASA AD 2018-0226 does not apply 
to this AD.
    (4) Paragraphs (5) and (6) of EASA AD 2018-0226 specify to 
report ``no discrepancy'' inspection results to Airbus at certain 
times. For this AD, report inspection results at the applicable time 
specified in paragraph (h)(4)(i) or (h)(4)(ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

(i) 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 (j) 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 2018-0226 that contains RC procedures and 
tests: Except as required by paragraph (h)(4) and (i)(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.
    (4) Paperwork Reduction Act Burden Statement: A federal agency 
may not conduct or sponsor, and a person is not required to respond 
to, nor shall a person be subject to

[[Page 38862]]

a penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 1 hour per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW, Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(j) Related Information

    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.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Aviation Safety Agency (EASA) AD 2018-0226, dated 
October 22, 2018.
    (ii) [Reserved]
    (3) For EASA AD 2018-0226, contact 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.
    (4) 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 
2018-0226 may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0574.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on July 23, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-16812 Filed 8-7-19; 8:45 am]
 BILLING CODE 4910-13-P


