[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Proposed Rules]
[Pages 37162-37165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16132]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0580; Product Identifier 2019-NM-019-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: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus SAS Model A330-243, -243F, -341, -342, and -343 
airplanes. This proposed AD was prompted by a determination that cracks 
can develop on the ripple damper weld of the hydraulic pressure tube 
assembly and reports of failure of the ripple damper of the hydraulic 
pressure tube assembly. This proposed AD would require replacement of 
the affected hydraulic pressure tube assembly or modification of both 
engines, as specified in a European Aviation Safety Agency (EASA) AD, 
which will be incorporated by reference. The FAA is proposing this AD 
to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September 
16, 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: Deliver to Mail address above 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, 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 by searching for 
and locating Docket No. FAA-2019-0580.

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-
0580; 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

[[Page 37163]]

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

    The FAA invites 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-2019-0580; 
Product Identifier 2019-NM-019-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM 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 NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0031, dated February 13, 2019 
(``EASA AD 2019-0031'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A330-243, -243F, -341, -342, and -
343 airplanes. The MCAI states:

    Following introduction in-service of Airbus mod 205242, a new 
hydraulic pressure tube assembly P/N [part number] AE711121-18 was 
installed, one on each engine, with an integral ripple damper. It 
was determined that, at a relatively low number of cycles, cracks 
could develop on the ripple damper weld of this new hydraulic 
pressure tube, which could lead to hydraulic leakage and consequent 
loss of the green hydraulic system. Further to the installation on 
both engines of this new hydraulic pressure tube assembly, a high 
failure rate of the affected dampers has been reported that, if 
continued, may exceed the overall safety objective of this certified 
design.
    This condition, if not corrected, could, in combination with 
other system failures, result in reduced control of the aeroplane.
    Prompted by these findings, Airbus published AOT [Alert 
Operators Transmission] A71L012-16 Rev 01, to provide instructions 
to replace the hydraulic pressure tube assembly P/N AE711121-18 with 
an improved assembly P/N AE711121-18 Rev A (introduced by Airbus mod 
206979), equipped with a double-welded ripple damper. Consequently, 
EASA issued AD 2017-0041 [which corresponds to FAA AD 2017-07-03, 
Amendment 39-18841 (82 FR 15985, March 31, 2017); corrected April 
13, 2017 (82 FR 17749) (``AD 2017-07-03'')] to require replacement 
of each affected hydraulic pressure tube assembly with a tube 
assembly having the double-welded ripple damper installed. That 
[EASA] AD also required implementation of a life limit of the 
improved part.
    Since issuance of EASA AD 2017-0041, a new design hydraulic 
pressure tube assembly has been developed, defined as serviceable 
part in this [EASA] AD, which has no life limitation. Consequently, 
Airbus published the AOT to provide modification instructions for 
installation of the serviceable part.
    For the reasons described above, this [EASA] AD requires the 
replacement of all affected parts with serviceable parts [or 
modification of both engines].

Relationship Between This Proposed AD and AD 2017-07-03

    This NPRM would not supersede AD 2017-07-03. Rather, the FAA has 
determined that a stand-alone AD would be more appropriate to address 
the changes in the MCAI. This NPRM would require replacement of the 
affected hydraulic pressure tube assembly or modification of both 
engines. Accomplishment of the proposed actions would then terminate 
all of the requirements of AD 2017-07-03 for that airplane only.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0031 describes procedures for replacement of the 
affected hydraulic pressure tube assembly with a serviceable hydraulic 
pressure tube assembly or modification of both engines. 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 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 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 proposing this AD because the agency 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0031 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 2019-0031 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2019-0031, through that incorporation, 
except for any differences identified as exceptions in the regulatory 
text of this proposed AD. Using common terms that are the same as the 
heading of a particular section in the EASA AD does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in the EASA AD. 
Service information specified in EASA AD 2019-0031 that is required for 
compliance with EASA AD 2019-0031 will be available on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0580 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 53 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 37164]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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4 work-hours x $85 per hour = $340...........................         $20,000          $20,340       $1,078,020
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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 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

    The FAA 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. 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.

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-2019-0580; Product Identifier 2019-NM-
019-AD.

(a) Comments Due Date

    The FAA must receive comments by September 16, 2019.

(b) Affected ADs

    This AD affects AD 2017-07-03, Amendment 39-18841 (82 FR 15985, 
March 31, 2017); corrected April 13, 2017 (82 FR 17749) (``AD 2017-
07-03'').

(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 a determination that cracks can develop 
on the ripple damper weld of the hydraulic pressure tube assembly 
and reports of failure of the ripple damper of the hydraulic 
pressure tube assembly. The FAA is issuing this AD to address 
cracking of the ripple damper weld of the hydraulic pressure tube 
assembly, which could lead to hydraulic fluid leakage and consequent 
loss of the green hydraulic system. This condition, if combined with 
other system failures, could result in reduced control 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, European Aviation Safety Agency (EASA) AD 2019-
0031, dated February 13, 2019 (``EASA AD 2019-0031'').

(h) Exceptions to EASA AD 2019-0031

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0031 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0031 does not apply 
to this AD.

(i) Terminating Action for AD 2017-07-03

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2017-07-03 for that airplane only.

(j) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0031 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(k) 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 (l)(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 2019-0031 that contains RC procedures and 
tests: Except as required by paragraph (k)(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

[[Page 37165]]

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.

(l) Related Information

    (1) For information about EASA AD 2019-0031, 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 2019-0031 may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0580.
    (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 July 23, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-16132 Filed 7-30-19; 8:45 am]
 BILLING CODE 4910-13-P


