Airworthiness Directives; Airbus SAS Airplanes, 48783-48786 [2019-19913]
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48783
Rules and Regulations
Federal Register
Vol. 84, No. 180
Tuesday, September 17, 2019
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0113; Product
Identifier 2017–NM–060–AD; Amendment
39–19710; AD 2019–16–07]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2016–12–
09, which applied to certain Airbus
Model A330–200, –200 Freighter, and
–300 series airplanes; and Model A340–
200 and –300 series airplanes. AD 2016–
12–09 requirements included removing
existing and installing new fasteners,
inspecting for and, if necessary,
repairing cracking. This new AD
requires repetitive inspections of the
fastener holes at a certain frame and
applicable on-condition actions, and, for
certain airplanes, requires a
modification, as specified in European
Union Aviation Safety Agency (EASA)
ADs, which are incorporated by
reference. Also as specified in the EASA
ADs, this AD also provide an optional
terminating action for certain airplanes,
which terminates the inspections. 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. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective October 22,
2019.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 22, 2019.
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SUMMARY:
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15:54 Sep 16, 2019
Jkt 247001
For the material
incorporated by reference (IBR) in this
AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 89990
1000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0113.
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–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 final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax: 206–231–3229.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2018–0249R1, dated July 31, 2019;
corrected August 2, 2019 (‘‘EASA AD
2018–0249R1’’) (also referred to as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for certain Airbus
SAS Model A330–200, –200 Freighter,
and –300 series airplanes; and Model
A340–200 and –300 series airplanes.
The FAA issued a supplemental
notice of proposed rulemaking (SNPRM)
to amend 14 CFR part 39 to supersede
AD 2016–12–09, Amendment 39–18558
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Fmt 4700
Sfmt 4700
(81 FR 38573, June 14, 2016) (‘‘AD
2016–12–09’’). AD 2016–12–09 applied
to certain Airbus Model A330–200, –200
Freighter, and –300 series airplanes, and
Model A340–200 and -300 series
airplanes. The SNPRM published in the
Federal Register on May 23, 2019 (84
FR 23742) (‘‘the SNPRM’’). The FAA
preceded the SNPRM with a notice of
proposed rulemaking (NPRM) that
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. The SNPRM
proposed to revise the compliance time
for the modification of the inside CWB.
The FAA is issuing this AD to address
cracking of certain holes of certain
frames of the CWB, which could affect
the structural integrity of the airplane.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The FAA received no
comments on the SNPRM or on the
determination of the cost to the public.
New EASA AD
In the SNPRM, the FAA referred to
EASA AD 2018–0249, dated November
16, 2018 (‘‘EASA AD 2018–0249’’).
Since the SNPRM was issued, EASA
issued EASA AD 2018–0249R1, which
clarifies the conditions for certain
actions and removes paragraphs that are
not necessary.
The FAA determined that no
additional work is required for airplanes
that have accomplished the actions as
required by EASA AD 2018–0249.
Therefore, the FAA has revised all
applicable sections in this final rule to
also specify EASA AD 2018–0249R1.
Change Made to This Final Rule
The SNPRM included a terminating
action paragraph for AD 2016–12–09
(paragraph (j) of the proposed AD).
However, AD 2016–12–09 is superseded
by this AD; therefore, that terminating
action paragraph is not needed. We have
removed paragraph (j) of the proposed
AD from this AD.
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Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Rules and Regulations
Conclusion
The FAA reviewed the relevant data
and determined that air safety and the
public interest require adopting this
final rule with the changes described
previously and minor editorial changes.
The FAA has determined that these
minor changes:
• Are consistent with the intent that
was proposed in the SNPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the SNPRM.
The FAA also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
Related IBR Material Under 1 CFR Part
51
EASA ADs 2018–0249 and 2018–
0249R1 describe procedures for
repetitive inspections of the fastener
holes at the 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. These documents are
distinct since AD 2018–0249R1 clarifies
the conditions for certain actions,
removes paragraphs that are not
necessary, and provides credit for
certain alternative methods of
compliance. This material is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD
affects 103 airplanes of U.S. registry.
The FAA estimates the following
costs to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost on U.S.
operators
Action
Labor cost
Parts cost
Cost per product
Retained actions from AD
2016–12–09.
New actions ..............................
Up to 155 work-hours × $85 per hour = Up to
$13,175.
Up to 145 work-hours × $85 per hour = Up to
$12,325.
$0 ........................
Up to $13,175 .....
Up to $1,357,025.
Up to $650 ..........
Up to $12,975 .....
Up to $1,336,425.
ESTIMATED COSTS FOR OPTIONAL ACTIONS
Labor cost
Parts cost
Up to 145 work-hours × $85 per hour = Up to $12,325 ..............................................................................
Up to $621 ..........
The FAA estimates the following
costs to do any necessary on-condition
actions that would be required based on
the results of any required actions. The
FAA has no way of determining the
Cost per product
Up to $12,946.
number of aircraft 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 = Up to $8,925 ................................................................................
Up to $22,488 .....
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
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15:54 Sep 16, 2019
Jkt 247001
develop on products identified in this
rulemaking action.
This AD is issued in accordance with
authority delegated by the Executive
Director, Aircraft Certification Service,
as authorized by FAA Order 8000.51C.
In accordance with that order, issuance
of ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to transport category
airplanes and associated appliances to
the Director of the System Oversight
Division.
Regulatory Findings
The FAA has determined that this AD
will not have federalism implications
under Executive Order 13132. This AD
will not have a substantial direct effect
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Cost per product
Up to $31,413.
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Rules and Regulations
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:
■
2019–16–07 Airbus SAS: Amendment 39–
19710; Docket No. FAA–2018–0113;
Product Identifier 2017–NM–060–AD.
(a) Effective Date
This AD is effective October 22, 2019.
(b) Affected ADs
This AD replaces AD 2016–12–09,
Amendment 39–18558 (81 FR 38573, June
14, 2016) (‘‘AD 2016–12–09’’).
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(c) Applicability
This AD applies to Airbus SAS Model
airplanes identified in paragraphs (c)(1)
through (5) of this AD, certificated in any
VerDate Sep<11>2014
15:54 Sep 16, 2019
Jkt 247001
category, as identified in European Union
Aviation Safety Agency (EASA) AD 2018–
0249R1, dated July 31, 2019; corrected
August 2, 2019 (‘‘EASA AD 2018–0249R1’’).
(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.
(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. The FAA is 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
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Fmt 4700
Sfmt 4725
compliance times specified in, and in
accordance with, EASA AD 2018–0249,
dated November 16, 2018 (‘‘EASA AD 2018–
0249’’) or EASA AD 2018–0249R1.
(h) Exceptions to EASA ADs 2018–0249 and
2018–0249R1
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA ADs 2018–0249 and 2018–
0249R1 refer to the effective date of EASA
AD 2018–0249 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 ADs 2018–0249 and 2018–
0249R1 refer 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’’ sections of EASA ADs
2018–0249 and 2018–0249R1 do not apply to
this AD.
(4) The EASA alternative method of
compliance (AMOC) approvals specified in
paragraph (15) of EASA AD 2018–0249R1 do
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 ADs
2018–0249 and 2018–0249R1 and their
associated manufacturer serial numbers.
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ER17SE19.000
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Rules and Regulations
(j) No Reporting Requirement
Although the service information
referenced in EASA ADs 2018–0249 and
2018–0249R1 specifies to submit certain
information to the manufacturer, this AD
does not include that requirement.
(k) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (l) of this AD. Information may be
emailed to: 9-ANM-116-AMOC–REQUESTS@
faa.gov. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2018–0249 or EASA AD 2018–0249R1 that
contains RC procedures and tests: Except as
required by paragraph (k)(2) of this AD, RC
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
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(l) Related Information
For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax: 206–231–3229.
15:54 Sep 16, 2019
Jkt 247001
Issued in Des Moines, Washington, on
August 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–19913 Filed 9–16–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0769]
RIN 1625–AA00
Safety Zone; Lake of the Ozarks, Lake
Ozark, MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Aviation Safety Agency
(EASA) AD 2018–0249, dated November 16,
2018.
VerDate Sep<11>2014
(ii) European Union Aviation Safety
Agency (EASA) AD 2018–0249R1, dated July
31, 2019; corrected August 2, 2019.
(3) For EASA AD 2018–0249 and EASA AD
2018–0249R1, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 6017; email ADs@
easa.europa.eu; Internet
www.easa.europa.eu. You may find these
EASA ADs on the EASA website at https://
ad.easa.europa.eu.
Note 1 to paragraph (m)(3): EASA AD
2018–0249 can be accessed in the zipped file
at the bottom of the web page for EASA AD
2018–0249R1. When EASA posts a revised
AD on their website, they watermark the
previous AD as ‘‘Revised,’’ alter the file name
by adding ‘‘_revised’’ to the end, and move
it into a zipped file attached at the bottom
of the AD web page.
(4) You may view these EASA ADs 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 and EASA AD 2018–
0249R1 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.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Lake of the
Ozarks within 300 feet of the fireworks
barge in the vicinity of mile marker 7.0.
This action is necessary to provide for
the safety of life on these navigable
waters near the Camden on the Lake
Resort, Lake Ozark, MO, during a
SUMMARY:
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fireworks display. This rulemaking will
prohibit persons and vessels from
entering the safety zone unless
authorized by the Captain of the Port
Sector Upper Mississippi River (COTP)
or a designated representative.
DATES: This rule is effective from 9:30
p.m. through 10:30 p.m. on September
28, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0769 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Christian
Barger, Waterways Management
Division, Sector Upper Mississippi
River, U.S. Coast Guard; telephone 314–
269–2560, email Christian.J.Barger@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b) (B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
safety zone by September 28, 2019, and
we lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule. The NPRM process would
delay establishment of the safety zone
until after the date of the firework
display and compromise public safety.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
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Agencies
[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Rules and Regulations]
[Pages 48783-48786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19913]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 /
Rules and Regulations
[[Page 48783]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0113; Product Identifier 2017-NM-060-AD; Amendment
39-19710; AD 2019-16-07]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2016-12-
09, which applied to certain Airbus Model A330-200, -200 Freighter, and
-300 series airplanes; and Model A340-200 and -300 series airplanes. AD
2016-12-09 requirements included removing existing and installing new
fasteners, inspecting for and, if necessary, repairing cracking. This
new AD requires repetitive inspections of the fastener holes at a
certain frame and applicable on-condition actions, and, for certain
airplanes, requires a modification, as specified in European Union
Aviation Safety Agency (EASA) ADs, which are incorporated by reference.
Also as specified in the EASA ADs, this AD also provide an optional
terminating action for certain airplanes, which terminates the
inspections. 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. The FAA is issuing
this AD to address the unsafe condition on these products.
DATES: This AD is effective October 22, 2019.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 22,
2019.
ADDRESSES: For the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email [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 by searching for and locating Docket No.
FAA-2018-0113.
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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax: 206-231-3229.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0249R1, dated July 31, 2019;
corrected August 2, 2019 (``EASA AD 2018-0249R1'') (also referred to as
the Mandatory Continuing Airworthiness Information, or ``the MCAI''),
to correct an unsafe condition for certain Airbus SAS Model A330-200, -
200 Freighter, and -300 series airplanes; and Model A340-200 and -300
series airplanes.
The FAA issued a supplemental notice of proposed rulemaking (SNPRM)
to amend 14 CFR part 39 to supersede AD 2016-12-09, Amendment 39-18558
(81 FR 38573, June 14, 2016) (``AD 2016-12-09''). AD 2016-12-09 applied
to certain Airbus Model A330-200, -200 Freighter, and -300 series
airplanes, and Model A340-200 and -300 series airplanes. The SNPRM
published in the Federal Register on May 23, 2019 (84 FR 23742) (``the
SNPRM''). The FAA preceded the SNPRM with a notice of proposed
rulemaking (NPRM) that 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. The SNPRM proposed to revise the compliance time for the
modification of the inside CWB. The FAA is issuing this AD to address
cracking of certain holes of certain frames of the CWB, which could
affect the structural integrity of the airplane.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the SNPRM
or on the determination of the cost to the public.
New EASA AD
In the SNPRM, the FAA referred to EASA AD 2018-0249, dated November
16, 2018 (``EASA AD 2018-0249''). Since the SNPRM was issued, EASA
issued EASA AD 2018-0249R1, which clarifies the conditions for certain
actions and removes paragraphs that are not necessary.
The FAA determined that no additional work is required for
airplanes that have accomplished the actions as required by EASA AD
2018-0249. Therefore, the FAA has revised all applicable sections in
this final rule to also specify EASA AD 2018-0249R1.
Change Made to This Final Rule
The SNPRM included a terminating action paragraph for AD 2016-12-09
(paragraph (j) of the proposed AD). However, AD 2016-12-09 is
superseded by this AD; therefore, that terminating action paragraph is
not needed. We have removed paragraph (j) of the proposed AD from this
AD.
[[Page 48784]]
Conclusion
The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule with the
changes described previously and minor editorial changes. The FAA has
determined that these minor changes:
Are consistent with the intent that was proposed in the
SNPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the SNPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related IBR Material Under 1 CFR Part 51
EASA ADs 2018-0249 and 2018-0249R1 describe procedures for
repetitive inspections of the fastener holes at the 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. These documents are distinct since AD 2018-0249R1
clarifies the conditions for certain actions, removes paragraphs that
are not necessary, and provides credit for certain alternative methods
of compliance. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 103 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 = Up to
$13,175.
New actions........................ Up to 145 work-hours x Up to $650................... Up to $12,975............... Up to $1,336,425.
$85 per hour = Up to
$12,325.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 145 work-hours x $85 per hour = Up Up to $621........................ Up to $12,946.
to $12,325.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 105 work-hours x $85 per hour = Up Up to $22,488..................... Up to $31,413.
to $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.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.
Regulatory Findings
The FAA has determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
[[Page 48785]]
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing airworthiness directive (AD)
2016-12-09, Amendment 39-18558 (81 FR 38573, June 14, 2016), and adding
the following new AD:
2019-16-07 Airbus SAS: Amendment 39-19710; Docket No. FAA-2018-0113;
Product Identifier 2017-NM-060-AD.
(a) Effective Date
This AD is effective October 22, 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 (5) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2018-0249R1, dated July 31, 2019; corrected August 2, 2019
(``EASA AD 2018-0249R1'').
(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.
(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. The FAA is
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, dated November 16, 2018 (``EASA
AD 2018-0249'') or EASA AD 2018-0249R1.
(h) Exceptions to EASA ADs 2018-0249 and 2018-0249R1
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA ADs 2018-0249 and 2018-0249R1 refer to the
effective date of EASA AD 2018-0249 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 ADs 2018-0249 and 2018-0249R1 refer 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'' sections of EASA ADs 2018-0249 and 2018-
0249R1 do not apply to this AD.
(4) The EASA alternative method of compliance (AMOC) approvals
specified in paragraph (15) of EASA AD 2018-0249R1 do 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 ADs 2018-
0249 and 2018-0249R1 and their associated manufacturer serial
numbers.
[GRAPHIC] [TIFF OMITTED] TR17SE19.000
[[Page 48786]]
(j) No Reporting Requirement
Although the service information referenced in EASA ADs 2018-
0249 and 2018-0249R1 specifies to submit certain information to the
manufacturer, this AD does not include that requirement.
(k) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (l) 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 or EASA AD 2018-0249R1 that contains
RC procedures and tests: Except as required by paragraph (k)(2) of
this AD, RC procedures and tests must be done to comply with this
AD; any procedures or tests that are not identified as RC are
recommended. Those procedures and tests that are not identified as
RC may be deviated from using accepted methods in accordance with
the operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(l) Related Information
For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax: 206-231-3229.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Aviation Safety Agency (EASA) AD 2018-0249, dated
November 16, 2018.
(ii) European Union Aviation Safety Agency (EASA) AD 2018-
0249R1, dated July 31, 2019; corrected August 2, 2019.
(3) For EASA AD 2018-0249 and EASA AD 2018-0249R1, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 89990 6017; email [email protected]; Internet
www.easa.europa.eu. You may find these EASA ADs on the EASA website
at https://ad.easa.europa.eu.
Note 1 to paragraph (m)(3): EASA AD 2018-0249 can be accessed in
the zipped file at the bottom of the web page for EASA AD 2018-
0249R1. When EASA posts a revised AD on their website, they
watermark the previous AD as ``Revised,'' alter the file name by
adding ``_revised'' to the end, and move it into a zipped file
attached at the bottom of the AD web page.
(4) You may view these EASA ADs 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 and EASA AD 2018-0249R1 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on August 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-19913 Filed 9-16-19; 8:45 am]
BILLING CODE 4910-13-P