Airworthiness Directives; Airbus SAS Airplanes, 23742-23748 [2019-10654]
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Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Proposed Rules
(b) Affected ADs
This AD replaces AD 2018–10–07,
Amendment 39–19282 (83 FR 23355, May 21,
2018).
(c) Applicability
This AD applies to Sikorsky Aircraft
Corporation Model S–76C helicopters,
certificated in any category, with a
Turbomeca, S.A., Arriel 2S1 or Arriel 2S2
engine with an engine collective position
transducer (CPT) part number (P/N) 76900–
01821–104 or 76900–01821–105 installed.
(d) Subject
Joint Aircraft System Component (JASC):
7300, Engine Fuel and Control.
(e) Unsafe Condition
This AD was prompted by reports of wear
of the CPT that has resulted in several One
Engine Inoperative (OEI) incidents. We are
issuing this AD to prevent failure of a CPT.
The unsafe condition, if not addressed, could
result in a reduction in power to one engine
resulting in an annunciated momentary OEI
condition and subsequent emergency
landing.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) Within 130 hours time-in-service (TIS):
(i) Measure resistance of each engine CPT
and replace the CPT if the measured
resistance is not within tolerance by
following the Accomplishment Instructions,
paragraphs 3.C.(1) through 3.C.(8)(b), of
Sikorsky S–76 Helicopter Alert Service
Bulletin ASB 76–73–8, Revision A, dated
December 4, 2015 (ASB 76–73–8A), if using
Test Box P/N 76700–40009–042 or by
following paragraph 3.B.(11) of Sikorsky
Maintenance Manual, SA 4047–76C–2,
Temporary Revision No. 73–08, dated
September 20, 2017 (TR 73–08), if using Test
Box P/N 76700–40009–043. You are not
required to use Sikorsky’s CPT data sheet or
submit a data sheet to Sikorsky.
(ii) Measure the linearity resistance
movement of each engine CPT and replace
the CPT if there is a linear abnormality or
change in resistance that is not within
tolerance by following the Accomplishment
Instructions, paragraphs 3.D.(1) through
3.D.(14)(b), of ASB 76–73–8A, if using Test
Box P/N 76700–40009–042 or by following
paragraph 3.B.(12) of TR 73–08, if using Test
Box P/N 76700–40009–043. You are not
required to use Sikorsky’s CPT data sheet or
submit a data sheet to Sikorsky.
(iii) Measure the differential voltage of
each engine CPT and replace the CPT if the
measured voltage is not within tolerance by
following the Accomplishment Instructions,
paragraphs 3.E. through 3.G.(1) of ASB 76–
73–8A, if using Test Box P/N 76700–40009–
042 or by following paragraph 3.B.(13) of TR
73–08, if using Test Box P/N 76700–40009–
043. You are not required to use Sikorsky’s
CPT data sheet or submit a data sheet to
Sikorsky.
(2) Thereafter, at intervals not to exceed
300 hours TIS:
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(i) If using Test Box P/N 76700–40009–042:
(A) Measure resistance of each engine CPT
and replace the CPT if the resistance is not
within tolerance by following paragraph
4.B.(11) of Sikorsky Maintenance Manual, SA
4047–76C–2, Temporary Revision No. 73–07,
dated August 17, 2016 (TR 73–07), except
you are not required to use Sikorsky’s CPT
data sheet or return a failed CPT to Sikorsky.
(B) Measure the linearity resistance
movement of each engine CPT and replace
the CPT if the movement exceeds tolerance
by following paragraphs 4.B.(12)(a) through
4.B.(13)(f) of TR 73–07, except you are not
required to use Sikorsky’s CPT data sheet or
return a failed CPT to Sikorsky.
(C) Measure the differential voltage of each
CPT by following paragraphs 4.B.(14)
through 4.B.(15)(h) of TR 73–07, except you
are not required to use Sikorsky’s CPT data
sheet. If the maximum voltage is greater than
100 millivolts or the minimum voltage is less
than ¥100 millivolts, replace the CPT.
(ii) For helicopters using Test Box P/N
76700–40009–043:
(A) Measure resistance of each engine CPT
and replace the CPT if the resistance is not
within tolerance by following paragraph
5.B.(11) of TR 73–07 or paragraph 3.B.(11) of
TR 73–08, except you are not required to use
Sikorsky’s CPT data sheet or return a failed
CPT to Sikorsky.
(B) Measure the resistance linearity of each
engine CPT and replace the CPT if the
resistance is not within tolerance by
following paragraph 5.B.(12) of TR 73–07 or
paragraph 3.B.(12) of TR 73–08, except you
are not required to use Sikorsky’s CPT data
sheet or return a failed CPT to Sikorsky.
(C) Measure the differential voltage of each
engine CPT and replace the CPT if the
resistance is not within tolerance by
following paragraphs 5.B.(13)(a) through
5.B.(13)(k) of TR 73–07 or paragraph 3.B.(13)
of TR 73–08, except you are not required to
use Sikorsky’s CPT data sheet or return a
failed CPT to Sikorsky.
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(h) Credit for Previous Actions
Actions accomplished before the effective
date of this AD in accordance with the
procedures specified in Sikorsky S–76
Helicopter Alert Service Bulletin ASB 76–
73–8, Basic Issue, dated August 21, 2015;
Sikorsky Special Service Instruction SSI No.
76–87, dated July 24, 2015; or Sikorsky
Special Service Instruction SSI No. 76–87,
Revision A, dated August 21, 2015, are
considered acceptable for compliance with
the corresponding actions specified in
paragraph (g)(1) of this AD.
RIN 2120–AA64
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Boston ACO 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 manager of the
certification office, send it to the attention of
the person identified in paragraph (j) of this
AD.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
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(j) Related Information
(1) For more information about this AD,
contact Nick Rediess, Aerospace Engineer,
Boston ACO Branch, Compliance &
Airworthiness Division, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: (781)
238–7159; email: nicholas.rediess@faa.gov.
(2) For service information identified in
this AD, contact your local Sikorsky Field
Representative or Sikorsky’s Service
Engineering Group at Sikorsky Aircraft
Corporation, 124 Quarry Road, Trumbull, CT
06611; telephone 1–800-Winged-S or 203–
416–4299; email wcs_cust_service_eng.grsik@lmco.com. Operators may also log on to
the Sikorsky 360 website at https://
www.sikorsky360.com. You may view this
referenced service information at the FAA,
Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N–
321, Fort Worth, TX 76177. For information
on the availability of this material at the
FAA, call (817) 222–5110.
Issued in Fort Worth, Texas, on May 15,
2019.
Helene Gandy,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2019–10772 Filed 5–22–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0113; Product
Identifier 2017–NM–060–AD]
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM);
reopening of comment period.
AGENCY:
We are revising an earlier
proposal to supersede Airworthiness
Directive (AD) 2016–12–09, which
applies to certain Airbus Model A330–
200, –200 Freighter, and –300 series
airplanes; and Model A340–200 and
–300 series airplanes. This action
revises the notice of proposed
rulemaking (NPRM) by revising the
compliance time for the modification of
the inside center wing box (CWB). We
are proposing this 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
SUMMARY:
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Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Proposed Rules
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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 February 26, 2018 (83 FR
8201), is reopened.
We must receive comments on this
SNPRM by July 8, 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
https://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 the material identified in this
SNPRM that will be incorporated by
reference (IBR), contact the European
Aviation Safety Agency (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 https://
www.regulations.gov.
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–2018–
0113; 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 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.
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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–
2018–0113; Product Identifier 2017–
NM–060–AD’’ at the beginning of your
comments. We specifically invite
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 https://
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 AD 2016–12–09,
Amendment 39–18558 (81 FR 38573,
June 14, 2016) (‘‘AD 2016–12–09’’). AD
2016–12–09 requires actions to address
an unsafe condition on certain Airbus
Model A330–200, –200 Freighter, and
–300 series airplanes, and Model A340–
200 and –300 series airplanes. AD 2016–
12–09 requires removing fasteners,
doing a rototest inspection of fastener
holes, installing new fasteners,
oversizing the holes and doing rototest
inspections for cracks if necessary, and
repairing any cracking that was found.
We issued an NPRM to amend 14 CFR
part 39 by adding an AD to supersede
AD 2016–12–09 that would apply to
certain Airbus Model A330–200, –200
Freighter, and –300 series airplanes; and
Model A340–200 and –300 series
airplanes. The NPRM published in the
Federal Register on February 26, 2018
(83 FR 8201) (‘‘the NPRM’’). The NPRM
was prompted by reports that cracks
were found on an adjacent hole of
certain frames of the CWB. The NPRM
proposed to require repetitive
inspections of the fastener holes at
frame (FR) 40, and, for certain airplanes,
proposed to require a modification. The
NPRM also proposed to provide an
optional terminating action, for certain
airplanes, which terminates the
inspections.
Actions Since the NPRM was Issued
Since we issued the NPRM, we have
determined that the compliance time for
the modification of the inside CWB
must be revised.
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
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2018–0249, dated November 16, 2018
(‘‘EASA AD 2018–0249’’) (also referred
to after this as the Mandatory
Continuing Airworthiness Information,
or ‘‘the MCAI’’), to correct an unsafe
condition for certain Airbus Model
A330–200, –200 Freighter, and –300
series airplanes; and Model A340–200
and –300 series airplanes. The MCAI
states:
During accomplishment of A330
Airworthiness Limitation Item (ALI) task 57–
11–04 on the rear fitting of the Frame (FR)
40 between stringers (STR) 38 and STR39 on
both left-hand (LH) and right-hand (RH) sides
of the fuselage, cracks were found on an
adjacent hole. After reaming at second
oversize of the subject hole, the crack was
still present. As a result of a sampling
inspection program, additional crack findings
were reported on this adjacent hole on other
A330 and A340 aeroplanes.
This condition, if not detected and
corrected, could affect the structural integrity
of the centre fuselage of the aeroplane.
Prompted by these findings, Airbus issued
the applicable Inspection [service bulletin]
SB (at the time, all at original issue) to
provide inspection instructions and,
consequently, EASA issued AD 2014–0149
[which corresponds to FAA AD 2016–12–09]
to require removal of the fasteners and
repetitive special detailed inspections (SDI),
including rototests, of fastener holes at FR40
vertical web above or below CWB lower
panel reference on both LH and RH sides of
the fuselage, and, depending on findings,
accomplishment of the applicable corrective
actions. That [EASA] AD did not apply to
aeroplanes on which Airbus modification
(mod) 55792 or mod 55306 had been
embodied in production.
After that [EASA] AD was issued, Airbus
published SB A330–57–3115 Revision 01 and
SB A340–57–4124 Revision 02, which
introduced revised thresholds and intervals
for the repetitive inspections of the inside
CWB (above bottom skin). In addition, for
certain aeroplanes, Airbus developed mod
206051, introducing reinforcement of the
structural integrity of the inside CWB (above
bottom skin) area, and published the
applicable Modification SB (both original
issue), which avoided the need for repetitive
inspections for the inside of the CWB for
those aeroplane. Airbus also published SB
A330–57–3116 Revision 01 and SB A340–
57–4125 Revision 01, to include aeroplanes
in post-mod 44360 and post-mod 49202
configuration for inspections of the outside
CWB (below bottom skin), and introduced
revised thresholds and intervals for the
repetitive inspections of the outside CWB,
and to provide an alleviation of the number
of holes to be inspected. The repetitive
inspection program for aeroplanes in premod 44360 configuration remained
unchanged.
Consequently, EASA issued AD 2017–0069
[which corresponds to the FAA NPRM],
partially retaining the requirements of EASA
AD 2014–0149, which was superseded, to
require new repetitive SDI (which include
rototests) of the fastener holes at FR40 of the
inside and the outside CWB (above and
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below bottom skin), and the implementation
of the modification of the inside CWB.
Since that [EASA] AD was issued, Airbus
finalised an inspection program for A330–
200F aeroplanes and published SB A330–57–
3116 Revision 02, SB A330–57–3132
Revision 01 and SB A330–57–3129 Revision
01 accordingly. Airbus also published the
applicable Modification SB, introducing a
lower threshold for the modification, which
allows operation to the Extended Service
Goal (ESG) objective without any additional
inspections. For the same reason, Airbus
issued SB A330–57–3115 Revision 02, SB
A330–57–4124 Revision 03, SB A330–57–
3130 Revision 01 and SB A340–57–4137
Revision 01, for aeroplanes in post-mod
206050 configuration. Finally, it was
determined that the lower threshold for
embodiment of the applicable Modification
SB must be counted from aeroplane first
flight, not since Airbus mod 206049
implementation, as previously indicated.
For the reasons described above, this
[EASA] AD retains the requirements of EASA
AD 2017–0069, which is superseded, extends
the compliance time for A330–200F
aeroplanes as no accomplishment
instructions existed before, adds references to
the latest Airbus SB revisions, introduces a
window of embodiment for modification of
the inside CWB, as well as a correction of the
window of embodiment for the applicable
Optional Modification SB.
You may examine the MCAI in the
AD docket on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0113.
Explanation of Retained Requirements
Although this proposed AD does not
explicitly restate the requirements of AD
2016–12–09, this proposed AD would
retain certain of the requirements of AD
2016–12–09. Those requirements are
referenced in EASA 2018–0249, which,
in turn, is referenced in paragraph (g) of
this proposed AD.
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Related IBR Material Under 1 CFR Part
51
EASA AD 2018–0249 describes
procedures for repetitive inspections of
the fastener holes at FR40 vertical web
of the affected CWB lower panel area for
any cracking, and on-condition actions;
modification of the inside CWB and an
optional terminating action
(modification of fastener holes by coldworking), which terminates the
repetitive inspections. On-condition
actions include installing new fasteners,
additional inspections, repair, and
modification. 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.
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Comments
We gave the public the opportunity to
participate in developing this proposed
AD. We considered the comments
received.
Request To Use the Latest Service
Information
American Airlines (AAL) and Delta
Airlines (DAL) requested that we use
the latest service information in the
NPRM. AAL also requested that we
provide credit for earlier revisions of
certain service information.
We agree with the commenters
request. We have revised this proposed
AD to refer to EASA AD 2018–0249,
dated November 16, 2018, which
specifies the latest service information
required to complete the actions
specified in this proposed AD. EASA
AD 2018–0249 also provides credit for
earlier revisions of the applicable
service information.
Request To Remove Certain Language
From the NPRM
DAL requested that we remove the
‘‘pre-mod’’ and ‘‘post-mod’’ language
from the NPRM. DAL stated that
paragraph (g) of the proposed AD (in the
NPRM) defines accomplishment of
repetitive inspections using Airbus
Service Bulletin A330–57–3114, Airbus
Service Bulletin A330–57–3115, Airbus
Service Bulletin A330–57–3116, Airbus
Service Bulletin A340–57–4123, Airbus
Service Bulletin A330–57–4124, and
Airbus Service Bulletin A340–57–4125.
DAL stated that each subparagraph in
paragraph (g) of the proposed AD (in the
NPRM) tries to address the affected
airplanes using language such as ‘‘premod 56306 and pre-mod 55792.’’
DAL commented that it finds the premod and post-mod language confusing
and finds the effectivity in the service
information more clear. DAL stated that
in order to clarify the NPRM, it
recommended that the NPRM state
something such as, ‘‘for A330–200 and
-300 series airplanes as listed in the
effectivity of the SB.’’ DAL stated that it
believes this clarification would also
apply to paragraphs (m), (o), and (p) of
the proposed AD (in the NPRM).
We agree to clarify. The intent of
paragraph (g) of the proposed AD (in the
NPRM) was to provide additional
details about which service information
was applicable for the specified actions
in the proposed AD, including which
service information applied to specific
airplane configurations. Paragraphs (m),
(o) and (p) of the proposed AD (in the
NPRM) also specified the airplane
configuration for which the specified
actions are applicable, which was
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intended to help operators determine
which actions were applicable to a
given airplane.
As we stated previously, we have
revised this proposed AD to refer to
EASA AD 2018–0249, dated November
16, 2018, which specifies which actions
are applicable for which airplane
configurations. EASA AD 2018–0249
has redefined configurations and
clarified the ‘‘pre-mod’’ and ‘‘post-mod’’
language.
Request To Remove the Word ‘‘and’’
From a Certain Paragraph in the
Proposed AD
DAL requested that we remove the
word ‘‘and’’ from paragraph (g)(1)(iii) of
the proposed AD (in the NPRM) where
it discusses accomplishment of Airbus
Service Bulletin A330–57–3115 for
airplanes ‘‘in pre-mod 56306 and premod 55792 configuration.’’ DAL stated
that normally the interpretation of the
word ‘‘and’’ would mean those
airplanes which are both pre-mod 56306
and pre-mod 55792. DAL commented
that it has many airplanes in one group
or the other, but no airplanes which are
both pre-mod 56306 and pre-mod
55792.
DAL stated that its airplanes are
specified in the effectivity paragraph of
the service information, and it was able
to determine that the ‘‘and’’ was
intended to mean those airplanes which
are either pre-mod 56306 or pre-mod
55792. DAL commented that EASA AD
2017–0069 refers to the modification
numbers in the reason section of the
service information, but thereafter refers
to the service information effectivity,
which avoids the confusion of the
interpretation of ‘‘and’’ in the text.
We agree with the commenter’s
request. As we stated previously, we
have revised this proposed AD to refer
to EASA AD 2018–0249, dated
November 16, 2018, which clarifies
airplane configurations. EASA AD
2018–0249 does not include the
language DAL commented on.
Request To Revise the Grace Period
From 18 Months to 24 Months
DAL requested that we revise the
grace period for the modification
specified in paragraph (m) of the
proposed AD (in the NPRM) from 18
months to 24 months. DAL stated that
paragraph (m) of the proposed AD (in
the NPRM) specifies to do the
modification using Airbus Service
Bulletin A330–57–3129, which calls for
modification within the limits of the
service information, or within a grace
period of 18 months after the effective
date of the AD. DAL commented that its
hangar check visit interval is 24 months.
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DAL stated that it believes that the
hangar aviation maintenance
technicians have more structural repair
experience and that the quality of the
work would be greater if the
experienced hangar crew could do the
work. DAL also stated that the grace
period in table 1 to paragraph (h) of the
proposed AD (in the NPRM) would also
need to be revised.
We disagree with the commenter’s
request. The grace period, as part of the
compliance time, is established by
EASA to mitigate the unsafe condition.
In developing the compliance time for
this proposed AD action, we considered
not only the safety implications of the
identified unsafe condition, but the
average utilization rate of the affected
fleet, the practical aspects of an orderly
modification of the fleet during regular
maintenance periods, the availability of
required parts, and the time necessary
for the rulemaking process. The
proposed compliance time following the
effective date of the final rule was
determined to be appropriate. We have
not changed this proposed AD in this
regard.
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Request To Remove Paragraph (o)(1) of
the Proposed AD (in the NPRM)
DAL requested paragraph (o)(1) of the
proposed AD (in the NPRM) be
removed. DAL stated that paragraph
(o)(1) of the proposed AD (in the NPRM)
addressed the modification of post-mod
44360 airplanes, which are those
affected by the inspection in Airbus
Service Bulletin A330–57–3116 and
terminated by Airbus Service Bulletin
A330–57–3132.
DAL also stated that paragraph (o)(1)
of the proposed AD (in the NPRM)
includes a provision that requires that
the modification be accomplished
within the applicable compliance times
specified in paragraph (g)(1) of the
proposed AD (in the NPRM), which is
the repetitive inspection specified in
Airbus Service Bulletin A330–57–3116.
DAL commented that this means that
the option to terminate exists only up to
the limit specified in Airbus Service
Bulletin A330–57–3116. DAL also
commented that after the initial
accomplishment of inspections
specified in Airbus Service Bulletin
A330–57–3116 and while doing the
repetitive inspections specified in
Airbus Service Bulletin A330–57–3116,
the optional terminating action
specified in Airbus Service Bulletin
A330–57–3132 no longer exists. DAL
stated that it does not find a similar
requirement in EASA AD 2017–0069,
and it is not clear about why such a
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Jkt 247001
requirement would be technically
required.
We agree to clarify. Paragraph (o)(1) of
the proposed AD (in the NPRM)
describes an optional terminating action
for a certain airplane configuration
subject to repetitive inspections in
accordance with paragraph (h) of the
proposed AD (in the NPRM). This is the
same action specified in paragraph (8) of
EASA AD 2017–0069 (and paragraph
(13) of EASA AD 2018–0249), which is
part of the proposed requirements in
paragraph (g) of this SNPRM. To address
the unsafe condition, the modification
specified in Airbus Service Bulletin
A330–57–3132 must be accomplished at
the time specified in Airbus Service
Bulletin A330–57–3116, which
describes a lower bound (limit) of flight
cycles or flight hours since first flight of
the airplane. Airbus Service Bulletin
A330–57–3116 does not remove the
option for the modification once an
operator has begun doing the repetitive
inspections on an airplane, but instead
allows the option of doing the
modification before further flight after
an inspection is accomplished. We have
not changed this proposed AD in this
regard.
Request To Add Manufacturer Serial
Numbers to the NPRM
DAL requested that we add
manufacturer serial numbers to
paragraph (q)(3) of the proposed AD (in
the NPRM). DAL stated that the
paragraph lists several Airbus Technical
Dispositions, but it was unable to find
those Airbus Technical Dispositions on
the Airbus website. DAL also
commented that its local Airbus
representatives were unable to find
those Airbus Technical Dispositions.
DAL stated that it submitted a request
to Airbus and was told that these are
individual repairs to individual
airplanes per a telex. DAL stated that
since the Airbus Technical Dispositions
are not readily available, the inclusion
of that Airbus Technical Dispositions
specified in the NPRM would require
each operator to submit a telex
requesting clarification. DAL
commented that if the NPRM is updated
with a list of affected manufacturer
serial numbers, each operator could
review the list of manufacturer serial
numbers, and if the operator does not
have any manufacturer serial numbers
on the list, the rest of the paragraph
would not apply to the operator.
We agree with the commenter’s
request. We have revised paragraph (i)
of this proposed AD to specify the
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Fmt 4702
Sfmt 4702
23745
affected manufacturer serial numbers for
each Airbus Technical Disposition.
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 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 NPRM. As a
result, we have determined that it is
necessary to reopen the comment period
to provide additional opportunity for
the public to comment on this SNPRM.
Proposed Requirements of This SNPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2018–0249 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 2018–0249
will be incorporated by reference in the
FAA final rule. This proposed AD
would, therefore, require compliance
with the provisions specified in EASA
AD 2018–0249, except for any
differences identified as exceptions in
the regulatory text of this proposed AD.
Service information specified in EASA
AD 2018–0249 that is required for
compliance with EASA AD 2018–0249
will be available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2018–
0113 after the FAA final rule is
published.
Costs of Compliance
We estimate that this proposed AD
affects 103 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
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Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Proposed Rules
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Parts cost
Cost per
product
Retained actions from AD 2016–12–09 ..
Up to 155 work-hours × $85 per hour =
$13,175.
Up to 145 work-hours × $85 per hour =
$12,325.
$0 .....................
Up to $13,175 ..
Up to $1,357,025.
Up to $650 .......
Up to $12,975 ...
Up to $1,336,425.
New proposed actions .............................
Cost on U.S.
operators
ESTIMATED COSTS FOR OPTIONAL ACTIONS
Labor cost
Parts cost
Up to 145 work-hours × $85 per hour = $12,325 .............................................................................................
Up to $621 .......
We estimate the following costs to do
any necessary on-condition actions that
would be required based on the results
of any required actions. We have no way
of determining the number of aircraft
Cost per product
Up to $12,946.
that might need these on-condition
actions:
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ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Up to 105 work-hours × $85 per hour = $8,925 ...............................................................................................
Up to $22,488 ..
Authority for This Rulemaking
Regulatory Findings
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.
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.
VerDate Sep<11>2014
16:19 May 22, 2019
Jkt 247001
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:
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Fmt 4702
Sfmt 4702
Cost per product
Up to $31,413.
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2016–12–09, Amendment 39–18558 (81
FR 38573, June 14, 2016), and adding
the following new AD:
■
Airbus SAS: Docket No. FAA–2018–0113;
Product Identifier 2017–NM–060–AD.
(a) Comments Due Date
We must receive comments by July 8, 2019.
(b) Affected ADs
This AD replaces AD 2016–12–09,
Amendment 39–18558 (81 FR 38573, June
14, 2016) (‘‘AD 2016–12–09’’).
(c) Applicability
This AD applies to Airbus SAS Model
airplanes identified in paragraphs (c)(1)
through (c)(5) of this AD, certificated in any
category, as identified in European Aviation
Safety Agency (EASA) AD 2018–0249, dated
November 16, 2018 (‘‘EASA AD 2018–
0249’’).
(1) Model A330–201, –202, –203, –223, and
–243 airplanes.
(2) Model A330–223F and –243F 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.
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Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Proposed Rules
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Reason
This AD was prompted by reports that
cracks were found on an adjacent hole of
certain frames of the center wing box (CWB)
and a determination that the compliance time
specified in AD 2016–12–09 for the
modification of the inside CWB must be
revised. We are issuing this AD to address
cracking of certain holes of certain frames of
the CWB, which could affect the structural
integrity of the airplane.
(j) Terminating Action for AD 2016–12–09
Accomplishing the actions required by this
AD terminates all requirements of AD 2016–
12–09.
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(k) No Reporting Requirement
Although the service information
referenced in EASA AD 2018–0249 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(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
VerDate Sep<11>2014
16:19 May 22, 2019
Jkt 247001
(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 2018–0249.
(h) Exceptions to EASA AD 2018–0249
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2018–0249 refers to its
effective date or the effective date of EASA
AD 2017–0069, this AD requires using the
effective date of this AD.
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: 9-ANM-116-AMOCREQUESTS@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 DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
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Fmt 4702
Sfmt 4702
(2) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2018–0249 refers to the
effective date of EASA AD 2014–0149, this
AD requires using June 29, 2016 (the effective
date of AD 2016–12–09).
(3) The ‘‘Remarks’’ section of EASA AD
2018–0249 does not apply to this AD.
(i) Reference to Manufacturer Serial
Numbers for Airbus Technical Dispositions
Figure 1 to paragraph (i) of this AD
identifies the Airbus Technical Dispositions
specified in paragraph (9) of EASA AD 2018–
0249 and their associated manufacturer serial
numbers.
2018–0249 that contains RC procedures and
tests: Except as required by paragraph (l)(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.
(m) Related Information
(1) For information about EASA AD 2018–
0249, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 89990 6017; email ADs@
easa.europa.eu; Internet
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(d) Subject
23747
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Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Proposed Rules
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 2018–0249 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2018–0113.
(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 May
6, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–10654 Filed 5–22–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0335]
RIN 1625–AA00
Safety Zone; Fireworks Display,
Delaware Bay, Lewes, DE
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on the
waters of Delaware Bay off Lewes, DE,
from 9 p.m. to 10 p.m. on July 4, 2019,
during the Lewes, DE, Fireworks
Display. The safety zone is necessary to
ensure the safety of participant vessels,
spectators, and the boating public
during the event. This regulation
prohibits persons and non-participant
vessels from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port (COTP)
Delaware Bay or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 24, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0335 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
khammond on DSKBBV9HB2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:19 May 22, 2019
Jkt 247001
further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email: If you have
questions on this rule, call or email
Petty Officer Thomas Welker, U.S. Coast
Guard, Sector Delaware Bay, Waterways
Management Division, Coast Guard;
telephone (215) 271–4814, email
Thomas.j.welker@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On April 11, 2019, Schaefer Fireworks
notified the Coast Guard that it will be
conducting a fireworks display off
Lewes, DE, from 9 p.m. to 10 p.m. on
July 4, 2019. The display will be
launched from a barge in Delaware Bay.
Hazards from fireworks displays include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. The Captain of
the Port Delaware Bay (COTP) has
determined that this temporary safety
zone is necessary to provide safety
during the fireworks display, and to
ensure protection of participants,
spectators and other boaters.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters. The Coast Guard
proposes this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP proposes to establish a
temporary safety zone on the waters of
Delaware Bay off Lewes, DE, during a
fireworks display from a barge. The
event is scheduled to take place
between 9 p.m. and 10 p.m. on July 4,
2019. The safety zone will extend 350
yards around the barge, which will be
anchored at approximate position
latitude 38°47′12.07″ N, longitude
075°07′48.89″ W. No person or vessel
will be permitted to enter, transit
through, anchor in, or remain within the
safety zone without obtaining
permission from the COTP Delaware
Bay or a designated representative. If
authorization to enter, transit through,
anchor in, or remain within the safety
zone is granted by the COTP Delaware
Bay or a designated representative, all
persons and vessels receiving such
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Fmt 4702
Sfmt 4702
authorization must comply with the
instructions of the COTP Delaware Bay
or a designated representative. The
Coast Guard will provide public notice
of the safety zone by Local Notice to
Mariners, Broadcast Notice to Mariners,
and by on-scene actual notice from
designated representatives. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
The impact of this rule is not
significant for the following reasons: (1)
The safety zone will not impact a
navigational channel; (2) although
persons and vessels may not enter,
transit through, anchor in, or remain
within the safety zone without
authorization from the COTP Delaware
Bay or a designated representative, they
may operate in the surrounding area
during the enforcement period; (3)
persons and vessels will still be able to
enter, transit through, anchor in, or
remain within the regulated area if
authorized by the COTP Delaware Bay
or a designated representative; and (4)
the Coast Guard will provide advance
notification of the safety zone to the
local maritime community by Local
Notice to Mariners, Broadcast Notice to
Mariners, or by on-scene actual notice
from designated representatives.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
E:\FR\FM\23MYP1.SGM
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Agencies
[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Proposed Rules]
[Pages 23742-23748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10654]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0113; Product Identifier 2017-NM-060-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.
-----------------------------------------------------------------------
SUMMARY: We are revising an earlier proposal to supersede Airworthiness
Directive (AD) 2016-12-09, which applies to certain Airbus Model A330-
200, -200 Freighter, and -300 series airplanes; and Model A340-200 and
-300 series airplanes. This action revises the notice of proposed
rulemaking (NPRM) by revising the compliance time for the modification
of the inside center wing box (CWB). We are proposing this 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
[[Page 23743]]
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 February 26, 2018 (83 FR 8201), is reopened.
We must receive comments on this SNPRM by July 8, 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 https://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 the material identified in this SNPRM that will be incorporated
by reference (IBR), contact the European Aviation Safety Agency (EASA),
at Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 1000; email [email protected]; 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.
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-2018-
0113; 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 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-2018-0113;
Product Identifier 2017-NM-060-AD'' at the beginning of your comments.
We specifically invite 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 https://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 AD 2016-12-09, Amendment 39-18558 (81 FR 38573, June 14,
2016) (``AD 2016-12-09''). AD 2016-12-09 requires actions to address an
unsafe condition on certain Airbus Model A330-200, -200 Freighter, and
-300 series airplanes, and Model A340-200 and -300 series airplanes. AD
2016-12-09 requires removing fasteners, doing a rototest inspection of
fastener holes, installing new fasteners, oversizing the holes and
doing rototest inspections for cracks if necessary, and repairing any
cracking that was found.
We issued an NPRM to amend 14 CFR part 39 by adding an AD to
supersede AD 2016-12-09 that would apply to certain Airbus Model A330-
200, -200 Freighter, and -300 series airplanes; and Model A340-200 and
-300 series airplanes. The NPRM published in the Federal Register on
February 26, 2018 (83 FR 8201) (``the NPRM''). The NPRM was prompted by
reports that cracks were found on an adjacent hole of certain frames of
the CWB. The NPRM proposed to require repetitive inspections of the
fastener holes at frame (FR) 40, and, for certain airplanes, proposed
to require a modification. The NPRM also proposed to provide an
optional terminating action, for certain airplanes, which terminates
the inspections.
Actions Since the NPRM was Issued
Since we issued the NPRM, we have determined that the compliance
time for the modification of the inside CWB must be revised.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0249, dated November 16, 2018
(``EASA AD 2018-0249'') (also referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Airbus Model A330-200, -200 Freighter, and
-300 series airplanes; and Model A340-200 and -300 series airplanes.
The MCAI states:
During accomplishment of A330 Airworthiness Limitation Item
(ALI) task 57-11-04 on the rear fitting of the Frame (FR) 40 between
stringers (STR) 38 and STR39 on both left-hand (LH) and right-hand
(RH) sides of the fuselage, cracks were found on an adjacent hole.
After reaming at second oversize of the subject hole, the crack was
still present. As a result of a sampling inspection program,
additional crack findings were reported on this adjacent hole on
other A330 and A340 aeroplanes.
This condition, if not detected and corrected, could affect the
structural integrity of the centre fuselage of the aeroplane.
Prompted by these findings, Airbus issued the applicable
Inspection [service bulletin] SB (at the time, all at original
issue) to provide inspection instructions and, consequently, EASA
issued AD 2014-0149 [which corresponds to FAA AD 2016-12-09] to
require removal of the fasteners and repetitive special detailed
inspections (SDI), including rototests, of fastener holes at FR40
vertical web above or below CWB lower panel reference on both LH and
RH sides of the fuselage, and, depending on findings, accomplishment
of the applicable corrective actions. That [EASA] AD did not apply
to aeroplanes on which Airbus modification (mod) 55792 or mod 55306
had been embodied in production.
After that [EASA] AD was issued, Airbus published SB A330-57-
3115 Revision 01 and SB A340-57-4124 Revision 02, which introduced
revised thresholds and intervals for the repetitive inspections of
the inside CWB (above bottom skin). In addition, for certain
aeroplanes, Airbus developed mod 206051, introducing reinforcement
of the structural integrity of the inside CWB (above bottom skin)
area, and published the applicable Modification SB (both original
issue), which avoided the need for repetitive inspections for the
inside of the CWB for those aeroplane. Airbus also published SB
A330-57-3116 Revision 01 and SB A340-57-4125 Revision 01, to include
aeroplanes in post-mod 44360 and post-mod 49202 configuration for
inspections of the outside CWB (below bottom skin), and introduced
revised thresholds and intervals for the repetitive inspections of
the outside CWB, and to provide an alleviation of the number of
holes to be inspected. The repetitive inspection program for
aeroplanes in pre-mod 44360 configuration remained unchanged.
Consequently, EASA issued AD 2017-0069 [which corresponds to the
FAA NPRM], partially retaining the requirements of EASA AD 2014-
0149, which was superseded, to require new repetitive SDI (which
include rototests) of the fastener holes at FR40 of the inside and
the outside CWB (above and
[[Page 23744]]
below bottom skin), and the implementation of the modification of
the inside CWB.
Since that [EASA] AD was issued, Airbus finalised an inspection
program for A330-200F aeroplanes and published SB A330-57-3116
Revision 02, SB A330-57-3132 Revision 01 and SB A330-57-3129
Revision 01 accordingly. Airbus also published the applicable
Modification SB, introducing a lower threshold for the modification,
which allows operation to the Extended Service Goal (ESG) objective
without any additional inspections. For the same reason, Airbus
issued SB A330-57-3115 Revision 02, SB A330-57-4124 Revision 03, SB
A330-57-3130 Revision 01 and SB A340-57-4137 Revision 01, for
aeroplanes in post-mod 206050 configuration. Finally, it was
determined that the lower threshold for embodiment of the applicable
Modification SB must be counted from aeroplane first flight, not
since Airbus mod 206049 implementation, as previously indicated.
For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2017-0069, which is superseded, extends the
compliance time for A330-200F aeroplanes as no accomplishment
instructions existed before, adds references to the latest Airbus SB
revisions, introduces a window of embodiment for modification of the
inside CWB, as well as a correction of the window of embodiment for
the applicable Optional Modification SB.
You may examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0113.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2016-12-09, this proposed AD would retain certain of
the requirements of AD 2016-12-09. Those requirements are referenced in
EASA 2018-0249, which, in turn, is referenced in paragraph (g) of this
proposed AD.
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0249 describes procedures for repetitive inspections
of the fastener holes at FR40 vertical web of the affected CWB lower
panel area for any cracking, and on-condition actions; modification of
the inside CWB and an optional terminating action (modification of
fastener holes by cold-working), which terminates the repetitive
inspections. On-condition actions include installing new fasteners,
additional inspections, repair, and modification. 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.
Comments
We gave the public the opportunity to participate in developing
this proposed AD. We considered the comments received.
Request To Use the Latest Service Information
American Airlines (AAL) and Delta Airlines (DAL) requested that we
use the latest service information in the NPRM. AAL also requested that
we provide credit for earlier revisions of certain service information.
We agree with the commenters request. We have revised this proposed
AD to refer to EASA AD 2018-0249, dated November 16, 2018, which
specifies the latest service information required to complete the
actions specified in this proposed AD. EASA AD 2018-0249 also provides
credit for earlier revisions of the applicable service information.
Request To Remove Certain Language From the NPRM
DAL requested that we remove the ``pre-mod'' and ``post-mod''
language from the NPRM. DAL stated that paragraph (g) of the proposed
AD (in the NPRM) defines accomplishment of repetitive inspections using
Airbus Service Bulletin A330-57-3114, Airbus Service Bulletin A330-57-
3115, Airbus Service Bulletin A330-57-3116, Airbus Service Bulletin
A340-57-4123, Airbus Service Bulletin A330-57-4124, and Airbus Service
Bulletin A340-57-4125. DAL stated that each subparagraph in paragraph
(g) of the proposed AD (in the NPRM) tries to address the affected
airplanes using language such as ``pre-mod 56306 and pre-mod 55792.''
DAL commented that it finds the pre-mod and post-mod language
confusing and finds the effectivity in the service information more
clear. DAL stated that in order to clarify the NPRM, it recommended
that the NPRM state something such as, ``for A330-200 and -300 series
airplanes as listed in the effectivity of the SB.'' DAL stated that it
believes this clarification would also apply to paragraphs (m), (o),
and (p) of the proposed AD (in the NPRM).
We agree to clarify. The intent of paragraph (g) of the proposed AD
(in the NPRM) was to provide additional details about which service
information was applicable for the specified actions in the proposed
AD, including which service information applied to specific airplane
configurations. Paragraphs (m), (o) and (p) of the proposed AD (in the
NPRM) also specified the airplane configuration for which the specified
actions are applicable, which was intended to help operators determine
which actions were applicable to a given airplane.
As we stated previously, we have revised this proposed AD to refer
to EASA AD 2018-0249, dated November 16, 2018, which specifies which
actions are applicable for which airplane configurations. EASA AD 2018-
0249 has redefined configurations and clarified the ``pre-mod'' and
``post-mod'' language.
Request To Remove the Word ``and'' From a Certain Paragraph in the
Proposed AD
DAL requested that we remove the word ``and'' from paragraph
(g)(1)(iii) of the proposed AD (in the NPRM) where it discusses
accomplishment of Airbus Service Bulletin A330-57-3115 for airplanes
``in pre-mod 56306 and pre-mod 55792 configuration.'' DAL stated that
normally the interpretation of the word ``and'' would mean those
airplanes which are both pre-mod 56306 and pre-mod 55792. DAL commented
that it has many airplanes in one group or the other, but no airplanes
which are both pre-mod 56306 and pre-mod 55792.
DAL stated that its airplanes are specified in the effectivity
paragraph of the service information, and it was able to determine that
the ``and'' was intended to mean those airplanes which are either pre-
mod 56306 or pre-mod 55792. DAL commented that EASA AD 2017-0069 refers
to the modification numbers in the reason section of the service
information, but thereafter refers to the service information
effectivity, which avoids the confusion of the interpretation of
``and'' in the text.
We agree with the commenter's request. As we stated previously, we
have revised this proposed AD to refer to EASA AD 2018-0249, dated
November 16, 2018, which clarifies airplane configurations. EASA AD
2018-0249 does not include the language DAL commented on.
Request To Revise the Grace Period From 18 Months to 24 Months
DAL requested that we revise the grace period for the modification
specified in paragraph (m) of the proposed AD (in the NPRM) from 18
months to 24 months. DAL stated that paragraph (m) of the proposed AD
(in the NPRM) specifies to do the modification using Airbus Service
Bulletin A330-57-3129, which calls for modification within the limits
of the service information, or within a grace period of 18 months after
the effective date of the AD. DAL commented that its hangar check visit
interval is 24 months.
[[Page 23745]]
DAL stated that it believes that the hangar aviation maintenance
technicians have more structural repair experience and that the quality
of the work would be greater if the experienced hangar crew could do
the work. DAL also stated that the grace period in table 1 to paragraph
(h) of the proposed AD (in the NPRM) would also need to be revised.
We disagree with the commenter's request. The grace period, as part
of the compliance time, is established by EASA to mitigate the unsafe
condition. In developing the compliance time for this proposed AD
action, we considered not only the safety implications of the
identified unsafe condition, but the average utilization rate of the
affected fleet, the practical aspects of an orderly modification of the
fleet during regular maintenance periods, the availability of required
parts, and the time necessary for the rulemaking process. The proposed
compliance time following the effective date of the final rule was
determined to be appropriate. We have not changed this proposed AD in
this regard.
Request To Remove Paragraph (o)(1) of the Proposed AD (in the NPRM)
DAL requested paragraph (o)(1) of the proposed AD (in the NPRM) be
removed. DAL stated that paragraph (o)(1) of the proposed AD (in the
NPRM) addressed the modification of post-mod 44360 airplanes, which are
those affected by the inspection in Airbus Service Bulletin A330-57-
3116 and terminated by Airbus Service Bulletin A330-57-3132.
DAL also stated that paragraph (o)(1) of the proposed AD (in the
NPRM) includes a provision that requires that the modification be
accomplished within the applicable compliance times specified in
paragraph (g)(1) of the proposed AD (in the NPRM), which is the
repetitive inspection specified in Airbus Service Bulletin A330-57-
3116. DAL commented that this means that the option to terminate exists
only up to the limit specified in Airbus Service Bulletin A330-57-3116.
DAL also commented that after the initial accomplishment of inspections
specified in Airbus Service Bulletin A330-57-3116 and while doing the
repetitive inspections specified in Airbus Service Bulletin A330-57-
3116, the optional terminating action specified in Airbus Service
Bulletin A330-57-3132 no longer exists. DAL stated that it does not
find a similar requirement in EASA AD 2017-0069, and it is not clear
about why such a requirement would be technically required.
We agree to clarify. Paragraph (o)(1) of the proposed AD (in the
NPRM) describes an optional terminating action for a certain airplane
configuration subject to repetitive inspections in accordance with
paragraph (h) of the proposed AD (in the NPRM). This is the same action
specified in paragraph (8) of EASA AD 2017-0069 (and paragraph (13) of
EASA AD 2018-0249), which is part of the proposed requirements in
paragraph (g) of this SNPRM. To address the unsafe condition, the
modification specified in Airbus Service Bulletin A330-57-3132 must be
accomplished at the time specified in Airbus Service Bulletin A330-57-
3116, which describes a lower bound (limit) of flight cycles or flight
hours since first flight of the airplane. Airbus Service Bulletin A330-
57-3116 does not remove the option for the modification once an
operator has begun doing the repetitive inspections on an airplane, but
instead allows the option of doing the modification before further
flight after an inspection is accomplished. We have not changed this
proposed AD in this regard.
Request To Add Manufacturer Serial Numbers to the NPRM
DAL requested that we add manufacturer serial numbers to paragraph
(q)(3) of the proposed AD (in the NPRM). DAL stated that the paragraph
lists several Airbus Technical Dispositions, but it was unable to find
those Airbus Technical Dispositions on the Airbus website. DAL also
commented that its local Airbus representatives were unable to find
those Airbus Technical Dispositions.
DAL stated that it submitted a request to Airbus and was told that
these are individual repairs to individual airplanes per a telex. DAL
stated that since the Airbus Technical Dispositions are not readily
available, the inclusion of that Airbus Technical Dispositions
specified in the NPRM would require each operator to submit a telex
requesting clarification. DAL commented that if the NPRM is updated
with a list of affected manufacturer serial numbers, each operator
could review the list of manufacturer serial numbers, and if the
operator does not have any manufacturer serial numbers on the list, the
rest of the paragraph would not apply to the operator.
We agree with the commenter's request. We have revised paragraph
(i) of this proposed AD to specify the affected manufacturer serial
numbers for each Airbus Technical Disposition.
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 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 NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
this SNPRM.
Proposed Requirements of This SNPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2018-0249 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 2018-0249 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2018-0249, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Service information specified in EASA AD 2018-0249 that is required for
compliance with EASA AD 2018-0249 will be available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2018-0113 after the FAA final rule is published.
Costs of Compliance
We estimate that this proposed AD affects 103 airplanes of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
[[Page 23746]]
Estimated Costs for Required Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Retained actions from AD 2016-12-09. Up to 155 work-hours x $0......................... Up to $13,175.............. Up to $1,357,025.
$85 per hour = $13,175.
New proposed actions................ Up to 145 work-hours x Up to $650................. Up to $12,975.............. Up to $1,336,425.
$85 per hour = $12,325.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Costs for Optional Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
Up to 145 work-hours x $85 Up to $621.......... Up to $12,946.
per hour = $12,325.
------------------------------------------------------------------------
We estimate the following costs to do any necessary on-condition
actions 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 actions:
Estimated costs of On-Condition Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
Up to 105 work-hours x $85 Up to $22,488....... Up to $31,413.
per hour = $8,925.
------------------------------------------------------------------------
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 removing Airworthiness Directive (AD)
2016-12-09, Amendment 39-18558 (81 FR 38573, June 14, 2016), and adding
the following new AD:
Airbus SAS: Docket No. FAA-2018-0113; Product Identifier 2017-NM-
060-AD.
(a) Comments Due Date
We must receive comments by July 8, 2019.
(b) Affected ADs
This AD replaces AD 2016-12-09, Amendment 39-18558 (81 FR 38573,
June 14, 2016) (``AD 2016-12-09'').
(c) Applicability
This AD applies to Airbus SAS Model airplanes identified in
paragraphs (c)(1) through (c)(5) of this AD, certificated in any
category, as identified in European Aviation Safety Agency (EASA) AD
2018-0249, dated November 16, 2018 (``EASA AD 2018-0249'').
(1) Model A330-201, -202, -203, -223, and -243 airplanes.
(2) Model A330-223F and -243F 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.
[[Page 23747]]
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by reports that cracks were found on an
adjacent hole of certain frames of the center wing box (CWB) and a
determination that the compliance time specified in AD 2016-12-09
for the modification of the inside CWB must be revised. We are
issuing this AD to address cracking of certain holes of certain
frames of the CWB, which could affect the 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 2018-0249.
(h) Exceptions to EASA AD 2018-0249
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2018-0249 refers to its effective date or
the effective date of EASA AD 2017-0069, this AD requires using the
effective date of this AD.
(2) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2018-0249 refers to the effective date of
EASA AD 2014-0149, this AD requires using June 29, 2016 (the
effective date of AD 2016-12-09).
(3) The ``Remarks'' section of EASA AD 2018-0249 does not apply
to this AD.
(i) Reference to Manufacturer Serial Numbers for Airbus Technical
Dispositions
Figure 1 to paragraph (i) of this AD identifies the Airbus
Technical Dispositions specified in paragraph (9) of EASA AD 2018-
0249 and their associated manufacturer serial numbers.
[GRAPHIC] [TIFF OMITTED] TP23MY19.000
(j) Terminating Action for AD 2016-12-09
Accomplishing the actions required by this AD terminates all
requirements of AD 2016-12-09.
(k) No Reporting Requirement
Although the service information referenced in EASA AD 2018-0249
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(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 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 2018-0249 that contains RC procedures and
tests: Except as required by paragraph (l)(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.
(m) Related Information
(1) For information about EASA AD 2018-0249, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; Internet
[[Page 23748]]
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 2018-0249 may be found in the AD docket
on the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0113.
(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 May 6, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-10654 Filed 5-22-19; 8:45 am]
BILLING CODE 4910-13-P