[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Rules and Regulations]
[Pages 14559-14561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05123]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0712; Product Identifier 2019-NM-115-AD; Amendment 
39-19849; AD 2020-04-10]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A330-200 Freighter, A330-200, A330-300, A340-200, and 
A340-300 series airplanes. This AD was prompted by reports that 
elevator skin panels were found disbonded as a result of water ingress. 
This AD requires repetitive detailed inspections of skin panels on both 
elevators, and corrective actions if necessary, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is incorporated 
by reference. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective April 17, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 17, 
2020.

ADDRESSES: For the material incorporated by reference (IBR) in this AD, 
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 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0712.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0712; 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 final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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; email 
vladimir.ulyanov@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0138, dated June 12, 2019 
(``EASA AD 2019-0138'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A330-200 Freighter, A330-200, A330-
300, A340-200, and A340-300 series airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus SAS Model 
A330-200 Freighter, A330-200, A330-300, A340-200, and A340-300 series 
airplanes. The NPRM published in the Federal Register on October 9, 
2019 (84 FR 54049). The NPRM was prompted by reports that elevator skin 
panels were found disbonded as a result of water ingress. The NPRM 
proposed to require repetitive detailed inspections of skin panels on 
both elevators, and corrective actions if necessary.
    The FAA is issuing this AD to address disbonding of the elevator 
skin panels. This condition, if not detected and corrected, could 
affect the structural integrity of the elevators, possibly resulting in 
reduced control of the airplane. See the MCAI for additional background 
information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request To Modify the Applicability of the Proposed AD

    Delta Air Lines (DAL) requested that paragraph (c) of the proposed 
AD be modified to refer to Table 1 of EASA AD 2019-0138 for affected 
parts, or that the proposed AD include a paragraph providing actions 
for airplanes not equipped with the affected part numbers. DAL asserted 
that although the NPRM is applicable to all Airbus SAS airplanes, EASA 
AD 2019-0138 provides additional details, namely the affected elevator 
part numbers, and those details should be referenced in paragraph (c) 
of the proposed AD.
    The FAA disagrees with the requested modification. EASA AD 2019-
0138 is

[[Page 14560]]

applicable to Airbus SAS Model A330-200 Freighter, A330-200, A330-300, 
A340-200, and A340-300 series airplanes, all manufacturer serial 
numbers, the same airplanes to which this AD applies. Further, 
paragraph (g) of this AD requires the actions specified in EASA AD 
2019-0138, which includes the list of affected parts in Table 1 of EASA 
AD 2019-0138. Therefore, no change to this AD is necessary in this 
regard.

Request To Add Clarifying Statement to the Proposed AD

    DAL also requested clarification of whether the requirements of 
paragraph (i) of AD 2011-03-10, Amendment 39-16594 (76 FR 6543, 
February 7, 2011) (``AD 2011-03-10''), are still retained, and that a 
statement specifying that retention be added to the proposed AD. The 
commenter observed that paragraph (i) of the proposed AD terminates all 
requirements of AD 2011-03-10, yet paragraph (i) of AD 2011-03-10 
identifies specific part number and serial number combinations as 
having conditional activities, and identification of those combinations 
can be verified by records review. DAL further remarked that the 
proposed AD does not address the actions specified in paragraph (i) of 
AD 2011-03-10 nor retain the requirement to verify part number and 
serial number combinations.
    The FAA does not agree to add a clarifying statement in this AD. 
Paragraph (i) of AD 2011-03-10 is the restatement of the requirements 
of paragraph (g) of AD 2005-20-32, Amendment 39-14329 (70 FR 59263, 
October 12, 2005), which is superseded by paragraph (k) of AD 2011-03-
10. Accomplishment of actions specified in paragraph (k) of AD 2011-03-
10 terminates the requirements of paragraph (i) of AD 2011-03-10. 
Paragraph (k) of AD 2011-03-10 refers to Table 1 of AD 2011-03-10, 
which defines the affected elevator part numbers.
    In addition, FAA AD 2011-03-10 is based on EASA AD 2009-0255, dated 
December 1, 2009 (``EASA AD 2009-0255''). EASA AD 2019-0138 retains the 
requirements of EASA AD 2009-0255, which is superseded. Table 1 of EASA 
AD 2019-0138 contains the affected elevator part numbers, which are the 
same as those defined in Table 1 of FAA AD 2011-03-10. Compliance with 
EASA AD 2019-0138 in its entirety constitutes compliance with this AD 
and thus terminates all actions specified in AD 2011-03-10, as 
reflected in paragraph (i) of this AD.
    The FAA has not changed this AD with regard to this request.

Change Made to This AD

    The FAA has revised the formatting of paragraph (h) of this AD. 
This change does not affect the content or intent of that paragraph.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the change described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0138 describes procedures for a detailed inspection of 
the affected parts and corrective actions. 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.

Costs of Compliance

    The FAA estimates that this AD affects 103 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
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Up to 14 work-hours x $85 per hour = Up               $0  Up to $1,190..............  Up to $122,570.
 to $1,190.
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
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            Labor cost                Parts cost      Cost per product
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Up to 24 work-hours x $85 per hour              $0  Up to $2,040.
 = Up to $2,040.
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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.

Regulatory Findings

    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:

[[Page 14561]]

    (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 adding the following new airworthiness 
directive (AD):

2020-04-10 Airbus SAS: Amendment 39-19849; Docket No. FAA-2019-0712; 
Product Identifier 2019-NM-115-AD.

(a) Effective Date

    This AD is effective April 17, 2020.

(b) Affected ADs

    This AD affects AD 2011-03-10, Amendment 39-16594 (76 FR 6543, 
February 7, 2011) (``AD 2011-03-10'').

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (5) of this AD.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (4) Model A340-211, -212, and -213 airplanes.
    (5) Model A340-311, -312, and -313 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by reports that elevator skin panels were 
found disbonded as a result of water ingress. The FAA is issuing 
this AD to address disbonding of the elevator skin panels. This 
condition, if not detected and corrected, could affect the 
structural integrity of the elevators, possibly resulting 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 Union Aviation Safety Agency (EASA) AD 
2019-0138, dated June 12, 2019 (``EASA AD 2019-0138'').

(h) Exceptions to EASA AD 2019-0138

    (1) Where EASA AD 2019-0138 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2019-0138 refers to December 15, 2009 (the 
effective date of EASA AD 2009-0255), this AD requires using March 
14, 2011 (the effective date of AD 2011-03-10).
    (3) The ``Remarks'' section of EASA AD 2019-0138 does not apply 
to this AD.

(i) Terminating Action for AD 2011-03-10

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2011-03-10.

(j) No Reporting Requirement

    Although EASA AD 2019-0138 and the service information 
referenced in it specify 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) 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 2019-0138 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 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

    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; email vladimir.ulyanov@faa.gov.

(m) 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 Union Aviation Safety Agency (EASA) AD 2019-0138, 
dated June 12, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0138, 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.
    (4) You may view this 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. This 
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0712.
    (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, email 
fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 19, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-05123 Filed 3-12-20; 8:45 am]
 BILLING CODE 4910-13-P


