Airworthiness Directives; Airbus SAS Airplanes, 32661-32664 [2019-14399]
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Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Proposed Rules
special nuclear material waste as
defined in regulations or orders of the
Commission;
G. The regulation of the disposal of
such other byproduct, source, or special
nuclear material as the Commission
determines by regulation or order
should, because of the hazards or
potential hazards thereof, not be so
disposed without a license from the
Commission; and
H. The regulation of activities not
exempt from Commission regulation as
stated in 10 CFR part 150.
ARTICLE III
With the exception of those activities
identified in Article II, paragraphs D.
through H., this Agreement may be
amended, upon application by the State
and approval by the Commission to
include one or more of the additional
activities specified in Article II,
paragraphs A. through C., whereby the
State may then exert regulatory
authority and responsibility with
respect to those activities.
ARTICLE IV
Notwithstanding this Agreement, the
Commission may from time to time by
rule, regulation, or order, require that
the manufacturer, processor, or
producer of any equipment, device,
commodity, or other product containing
source, byproduct, or special nuclear
material shall not transfer possession or
control of such product except pursuant
to a license or an exemption for
licensing issued by the Commission.
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ARTICLE V
This Agreement shall not affect the
authority of the Commission under
Subsection 161b. or 161i. of the Act to
issue rules, regulations, or orders to
promote the common defense and
security, to protect restricted data, or to
guard against the loss or diversion of
special nuclear material.
ARTICLE VI
The Commission will cooperate with
the State and other Agreement States in
the formulation of standards and
regulatory programs of the State and the
Commission for protection against
hazards of radiation and to assure that
Commission and State programs for
protection against the hazards of
radiation will be coordinated and
compatible. The State agrees to
cooperate with the Commission and
other Agreement States in the
formulation of standards and regulatory
programs of the State and the
Commission for protection against the
hazards of radiation and to assure that
the State’s program will continue to be
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compatible with the program of the
Commission for the regulation of
materials covered by this Agreement.
The State and the Commission agree
to keep each other informed of proposed
changes in their respective rules and
regulations and to provide each other
the opportunity for early and
substantive contribution to the proposed
changes.
The State and the Commission agree
to keep each other informed of events,
accidents, and licensee performance
that may have generic implication or
otherwise be of regulatory interest.
32661
ARTICLE IX
This Agreement shall become
effective on [date], and shall remain in
effect unless and until such time as it is
terminated pursuant to Article VIII.
Done at [location] this [date] day of [month],
2019.
For the Nuclear Regulatory Commission.
lllllllllllllllllllll
Kristine L. Svinicki, Chairman
Done at [location] this [date] day of [month],
2019.
For the State of Vermont.
lllllllllllllllllllll
Philip B. Scott, Governor
[FR Doc. 2019–13404 Filed 7–8–19; 8:45 am]
ARTICLE VII
BILLING CODE 7590–01–P
The Commission and the State agree
that it is desirable to provide reciprocal
recognition of licenses for the materials
listed in Article I licensed by the other
party or by any other Agreement State.
Accordingly, the Commission and the
State agree to develop appropriate rules,
regulations, and procedures by which
reciprocity will be accorded.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0523; Product
Identifier 2019–NM–050–AD]
ARTICLE VIII
RIN 2120–AA64
The Commission, upon its own
initiative after reasonable notice and
opportunity for hearing to the State or
upon request of the Governor of
Vermont, may terminate or suspend all
or part of this Agreement and reassert
the licensing and regulatory authority
vested in it under the Act, if the
Commission finds that (1) such
termination or suspension is required to
protect the public health and safety, or
(2) the State has not complied with one
or more of the requirements of Section
274 of the Act.
Pursuant to Section 274j. of the Act,
the Commission may, after notifying the
Governor, temporarily suspend all or
part of this Agreement without notice or
hearing if, in the judgment of the
Commission, an emergency situation
exists with respect to any material
covered by this agreement creating
danger which requires immediate action
to protect the health or safety of persons
either within or outside of the State and
the State has failed to take steps
necessary to contain or eliminate the
cause of danger within a reasonable
time after the situation arose. The
Commission shall periodically review
actions taken by the State under this
Agreement to ensure compliance with
Section 274 of the Act, which requires
a State program to be adequate to
protect the public health and safety with
respect to the materials covered by this
Agreement and to be compatible with
the Commission’s program.
Airworthiness Directives; Airbus SAS
Airplanes
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Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus SAS Model A330–200, –200F,
and –300 series airplanes. This
proposed AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. This proposed AD would
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
The FAA must receive comments
on this proposed AD by August 23,
2019.
DATES:
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.
ADDRESSES:
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Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Proposed Rules
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Airbus SAS,
Airworthiness Office—EAW, RondPoint Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5
61 93 36 96; fax +33 5 61 93 44 51; email
account.airworth-eas@airbus.com;
internet https://www.airbus.com. You
may view this service information 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.
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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–
0523; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3229.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2019–0523; Product
Identifier 2019–NM–050–AD’’ at the
beginning of your comments. The FAA
specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM because of
those comments.
The FAA will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact received about this NPRM.
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
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Union, has issued EASA AD 2019–0049,
dated March 11, 2019 (referred to after
this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all Airbus SAS Model A330–200,
–200F, and –300 series airplanes. The
MCAI states:
inspections and intervals, to be
incorporated into the maintenance or
inspection program. This service
information 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.
The airworthiness limitations for the
Airbus A330 aeroplanes, which are approved
by EASA, are currently defined and
published in the A330 ALS [airworthiness
limitations section] documents. The
airworthiness limitations applicable to the
Certification Maintenance Requirements
(CMR), which are approved by EASA, are
published in the ALS.
Failure to accomplish these instructions
could result in an unsafe condition.
Previously, EASA issued AD 2016–0066
[corresponds to FAA AD 2016–26–05,
Amendment 39–18763 (82 FR 1170, January
5, 2017) (‘‘AD 2016–26–05’’)] to require
accomplishment of all maintenance tasks as
described in A330 ALS Part 3 at Revision 05.
Since that [EASA] AD was issued, Airbus
published the ALS, as defined in this [EASA]
AD, including new and/or more restrictive
tasks.
For the reasons described above, this
[EASA] AD takes over the requirements for
Airbus A330 aeroplanes from EASA AD
2016–0066 and requires accomplishment of
the actions specified in the ALS.
FAA’s Determination
The unsafe condition is a safetysignificant latent failure (that is not
annunciated) that, in combination with
one or more other specific failures or
events could result in a hazardous or
catastrophic failure condition. 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–2019–
0523.
Relationship Between Proposed AD and
AD 2016–26–05
This NPRM does not propose to
supersede AD 2016–26–05. Rather, the
FAA has determined that a stand-alone
AD is more appropriate to address the
changes in the MCAI. This proposed AD
would require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
Accomplishment of the proposed
actions would then terminate all of the
requirements of AD 2016–26–05.
Related Service Information Under 1
CFR Part 51
Airbus has issued Airbus A330
Airworthiness Limitations Section
(ALS) Part 3—Certification Maintenance
Requirements (CMR), Revision 06, dated
October 15, 2018. The service
information describes maintenance
instructions and airworthiness
limitations, including updated
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This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to a
bilateral agreement with the State of
Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI and service
information referenced above. The FAA
is proposing this AD because the agency
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
develop on other products of the same
type design.
Proposed Requirements of This NPRM
This proposed AD would require
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections). Compliance
with these actions is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired
in the areas addressed by this proposed
AD, the operator may not be able to
accomplish the actions described in the
revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator
must request approval for an alternative
method of compliance according to
paragraph (j)(1) of this proposed AD.
Differences Between This Proposed AD
and the MCAI or Service Information
The MCAI specifies that if there are
findings from the ALS inspection tasks,
corrective actions must be accomplished
in accordance with Airbus maintenance
documentation. However, this proposed
AD does not include that requirement.
Operators of U.S.-registered airplanes
are required by general airworthiness
and operational regulations to perform
maintenance using methods that are
acceptable to the FAA. The FAA
considers those methods to be adequate
to address any corrective actions
necessitated by the findings of ALS
inspections required by this proposed
AD.
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Costs of Compliance
The FAA estimates that this proposed
AD affects 107 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours per operator, although the agency
recognizes that this number may vary
from operator to operator. In the past,
the FAA has estimated that this action
takes 1 work-hour per airplane. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
is more accurate than a per-airplane
estimate. Therefore, the FAA estimates
the total cost per operator to be $7,650
(90 work-hours × $85 per work-hour).
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Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: ‘‘General requirements.’’ Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
This proposed AD is issued in
accordance with authority delegated by
the Executive Director, Aircraft
Certification Service, as authorized by
FAA Order 8000.51C. In accordance
with that order, issuance of ADs is
normally a function of the Compliance
and Airworthiness Division, but during
this transition period, the Executive
Director has delegated the authority to
issue ADs applicable to transport
category airplanes and associated
appliances to the Director of the System
Oversight Division.
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
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national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Will not affect intrastate aviation in
Alaska; and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
32663
failures or events, could result in a hazardous
or catastrophic failure condition.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Maintenance or Inspection Program
Revision
Within 90 days after the effective date of
this AD, revise the existing maintenance or
inspection program, as applicable, to
incorporate the information specified in
Airbus A330 Airworthiness Limitations
Section (ALS) Part 3—Certification
Maintenance Requirements (CMR), Revision
06, dated October 15, 2018. The initial
compliance time for doing the tasks is at the
time specified in Airbus A330 Airworthiness
Limitations Section (ALS) Part 3—
Certification Maintenance Requirements
(CMR), Revision 06, dated October 15, 2018,
or within 90 days after the effective date of
this AD, whichever occurs later.
(h) No Alternative Actions or Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections),
intervals, may be used unless the actions and
intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (j)(1) of this AD.
(i) Terminating Action for AD 2016–26–05
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
Accomplishing the actions required by this
AD terminates all requirements of AD 2016–
26–05.
Airbus SAS: Docket No. FAA–2019–0523;
Product Identifier 2019–NM–050–AD.
(j) Other FAA AD Provisions
■
(a) Comments Due Date
The FAA must receive comments by
August 23, 2019.
(b) Affected ADs
This AD affects AD 2016–26–05,
Amendment 39–18763 (82 FR 1170, January
5, 2017) (‘‘AD 2016–26–05’’).
(c) Applicability
This AD applies to Airbus SAS Model
A330–201, –202, –203, –223, –223F, –243,
–243F, –301, –302, –303, –321, –322, –323,
–341, –342, and –343 airplanes, certificated
in any category, with an original certificate
of airworthiness or original export certificate
of airworthiness issued on or before October
15, 2018.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address a safety-significant latent
failure (that is not annunciated) that, in
combination with one or more other specific
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The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (k)(2) of this AD. Information may
be emailed to: 9-ANM-116-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 corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or the
European Aviation Safety Agency (EASA); or
Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
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Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Proposed Rules
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) AD 2019–
0049, dated March 11, 2019, for related
information. This MCAI may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0523.
(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.
(3) For service information identified in
this AD, contact Airbus SAS, Airworthiness
Office—EAW, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email account.airworth-eas@
airbus.com; internet https://www.airbus.com.
You may view this service information 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.
Issued in Des Moines, Washington, on June
28, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–14399 Filed 7–8–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0493; Product
Identifier 2019–NM–043–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2011–18–15, which applies to certain
Bombardier, Inc., Model DHC–8–400
series airplanes. AD 2011–18–15
requires initial and repetitive torque
checks of the bolt preload; detailed
inspection of the barrel nuts and cradle
for cracking, pitting, and corrosion if the
bolt preload is correct; and replacement
of hardware if necessary. Since the FAA
issued AD 2011–18–15, the agency has
determined that incorporation of a new
design change is necessary to address
the root cause of the failure of the barrel
nuts. This proposed AD would retain
the existing requirements and add new
inspections and replacement of certain
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SUMMARY:
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hardware, which would terminate the
repetitive torque checks and
inspections. This AD also removes
airplanes from the applicability. The
FAA is proposing this AD to address the
unsafe condition on these products.
The FAA must receive comments
on this proposed AD by August 23,
2019.
DATES:
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: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Bombardier, Inc., QSeries Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5,
Canada; phone: 416–375–4000; fax:
416–375–4539; email: thd.qseries@
aero.bombardier.com; internet: https://
www.bombardier.com. You may view
this referenced service information 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.
ADDRESSES:
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–
0493; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Andrea Jimenez, Aerospace Engineer,
Airframe and Propulsion Section, FAA,
New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; phone: 516–228–7330; fax: 516–
794–5531; email: 9-avs-nyaco-cos@
faa.gov.
SUPPLEMENTARY INFORMATION:
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Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2019–0493; Product
Identifier 2019–NM–043–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this proposed AD. The FAA will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
The FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact received about this proposed
AD.
Discussion
The FAA issued AD 2011–18–15,
Amendment 39–16797 (76 FR 54093,
August 31, 2011) (‘‘AD 2011–18–15’’),
for certain Bombardier, Inc., Model
DHC–8–400 series airplanes. AD 2011–
18–15 requires initial and repetitive
torque checks of the bolt preload;
detailed inspection of the barrel nuts
and cradle for cracking, pitting, and
corrosion if the bolt preload is correct;
and replacement of hardware if
necessary. AD 2011–18–15 resulted
from in-service reports of cracked barrel
nuts found at the front spar locations of
the wing-to-fuselage attachment joints,
and reports of a loose washer in the
barrel nut assembly. The FAA issued
AD 2011–18–15 to address cracked
barrel nuts and a loose washer in the
barrel nut assembly, which could result
in failure of the barrel nuts,
compromising the structural integrity of
the wing-to-fuselage attachments, and
possible separation of the wing from the
airplane during flight.
Actions Since AD 2011–18–15 Was
Issued
Since the FAA issued AD 2011–18–
15, the manufacturer has developed a
design change (replacement of the
existing wing front spar barrel nuts with
new barrel nuts that are more resistant
to hydrogen embrittlement, and
installation of new bolts and pre-load
indicating washers). The FAA has
determined that the design change will
address the root cause of the failure of
the barrel nuts.
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian AD
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[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Proposed Rules]
[Pages 32661-32664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14399]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0523; Product Identifier 2019-NM-050-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A330-200, -200F, and -300 series airplanes.
This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. This proposed AD
would require revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA is proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments on this proposed AD by August 23,
2019.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to 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.
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Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Airbus
SAS, Airworthiness Office--EAW, Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email [email protected]; internet https://www.airbus.com. You may view this service information 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.
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-
0523; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3229.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0523;
Product Identifier 2019-NM-050-AD'' at the beginning of your comments.
The FAA specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
The FAA will post all comments we receive, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact received about this NPRM.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2019-0049, dated March 11, 2019 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus SAS Model A330-200, -200F,
and -300 series airplanes. The MCAI states:
The airworthiness limitations for the Airbus A330 aeroplanes,
which are approved by EASA, are currently defined and published in
the A330 ALS [airworthiness limitations section] documents. The
airworthiness limitations applicable to the Certification
Maintenance Requirements (CMR), which are approved by EASA, are
published in the ALS.
Failure to accomplish these instructions could result in an
unsafe condition.
Previously, EASA issued AD 2016-0066 [corresponds to FAA AD
2016-26-05, Amendment 39-18763 (82 FR 1170, January 5, 2017) (``AD
2016-26-05'')] to require accomplishment of all maintenance tasks as
described in A330 ALS Part 3 at Revision 05.
Since that [EASA] AD was issued, Airbus published the ALS, as
defined in this [EASA] AD, including new and/or more restrictive
tasks.
For the reasons described above, this [EASA] AD takes over the
requirements for Airbus A330 aeroplanes from EASA AD 2016-0066 and
requires accomplishment of the actions specified in the ALS.
The unsafe condition is a safety-significant latent failure (that
is not annunciated) that, in combination with one or more other
specific failures or events could result in a hazardous or catastrophic
failure condition. 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-2019-0523.
Relationship Between Proposed AD and AD 2016-26-05
This NPRM does not propose to supersede AD 2016-26-05. Rather, the
FAA has determined that a stand-alone AD is more appropriate to address
the changes in the MCAI. This proposed AD would require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations.
Accomplishment of the proposed actions would then terminate all of the
requirements of AD 2016-26-05.
Related Service Information Under 1 CFR Part 51
Airbus has issued Airbus A330 Airworthiness Limitations Section
(ALS) Part 3--Certification Maintenance Requirements (CMR), Revision
06, dated October 15, 2018. The service information describes
maintenance instructions and airworthiness limitations, including
updated inspections and intervals, to be incorporated into the
maintenance or inspection program. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to a bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI and
service information referenced above. The FAA is proposing this AD
because the agency evaluated all the relevant information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(j)(1) of this proposed AD.
Differences Between This Proposed AD and the MCAI or Service
Information
The MCAI specifies that if there are findings from the ALS
inspection tasks, corrective actions must be accomplished in accordance
with Airbus maintenance documentation. However, this proposed AD does
not include that requirement. Operators of U.S.-registered airplanes
are required by general airworthiness and operational regulations to
perform maintenance using methods that are acceptable to the FAA. The
FAA considers those methods to be adequate to address any corrective
actions necessitated by the findings of ALS inspections required by
this proposed AD.
[[Page 32663]]
Costs of Compliance
The FAA estimates that this proposed AD affects 107 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. In the past, the FAA has estimated that this action takes
1 work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Will not affect intrastate aviation in Alaska; and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
Airbus SAS: Docket No. FAA-2019-0523; Product Identifier 2019-NM-
050-AD.
(a) Comments Due Date
The FAA must receive comments by August 23, 2019.
(b) Affected ADs
This AD affects AD 2016-26-05, Amendment 39-18763 (82 FR 1170,
January 5, 2017) (``AD 2016-26-05'').
(c) Applicability
This AD applies to Airbus SAS Model A330-201, -202, -203, -223,
-223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes, certificated in any category, with an original
certificate of airworthiness or original export certificate of
airworthiness issued on or before October 15, 2018.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address a safety-significant latent failure (that
is not annunciated) that, in combination with one or more other
specific failures or events, could result in a hazardous or
catastrophic failure condition.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision
Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Airbus A330 Airworthiness
Limitations Section (ALS) Part 3--Certification Maintenance
Requirements (CMR), Revision 06, dated October 15, 2018. The initial
compliance time for doing the tasks is at the time specified in
Airbus A330 Airworthiness Limitations Section (ALS) Part 3--
Certification Maintenance Requirements (CMR), Revision 06, dated
October 15, 2018, or within 90 days after the effective date of this
AD, whichever occurs later.
(h) No Alternative Actions or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, may be used unless the
actions and intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (j)(1) of this AD.
(i) Terminating Action for AD 2016-26-05
Accomplishing the actions required by this AD terminates all
requirements of AD 2016-26-05.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to: [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 corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus SAS's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
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(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) AD 2019-0049, dated March 11, 2019, for related information.
This MCAI may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0523.
(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.
(3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email [email protected]; internet
https://www.airbus.com. You may view this service information 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.
Issued in Des Moines, Washington, on June 28, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-14399 Filed 7-8-19; 8:45 am]
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