Airworthiness Directives; Airbus SAS Airplanes, 57313-57315 [2019-23284]
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Rules and Regulations
Federal Register
Vol. 84, No. 207
Friday, October 25, 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–2019–0523; Product
Identifier 2019–NM–050–AD; Amendment
39–19768; AD 2019–21–02]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A330–200, –200F,
and –300 series airplanes. This AD was
prompted by a determination that new
or more restrictive airworthiness
limitations are necessary. This AD
requires revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective November
29, 2019.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of November 29, 2019.
ADDRESSES: For service information
identified in this final rule, 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.airwortheas@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.
It is also available on the internet at
SUMMARY:
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https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0523.
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 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 European Union 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. 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.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Airbus SAS Model A330–
200, –200F, and –300 series airplanes.
The NPRM published in the Federal
Register on July 9, 2019 (84 FR 32661).
The NPRM was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. The NPRM proposed to
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
The FAA is issuing this AD to address
a safety-significant latent failure (that is
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Fmt 4700
Sfmt 4700
not annunciated) that, in combination
with one or more other specific failures
or events, could result in a hazardous or
catastrophic failure condition. See the
MCAI for additional background
information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comments received on the NPRM
and the FAA’s response to each
comment.
Request To Add Service Information
American Airlines (AAL) asked that
the proposed AD be revised to include
Airbus A330 Airworthiness Limitations
Section (ALS) Part 3—Certification
Maintenance Requirements (CMR),
Variation 6.1, dated June 28, 2019, as an
additional source of service information.
AAL stated that the variation document
provides relieving compliance times for
certain tasks. AAL pointed out that an
alternative method of compliance
(AMOC) for AD 2016–26–05,
Amendment 39–18763 (82 FR 1170,
January 5, 2017) (‘‘AD 2016–26–05’’)
(AMOC AIR–676–19–016, dated
November 2, 2018), has been approved
to allow incorporation of the variation
document into AAL’s maintenance
program as acceptable for compliance
with the requirements of paragraph (g)
of the proposed AD.
The FAA agrees with the commenter’s
request for the reason provided.
Paragraph (g) of this AD has been
revised to include Airbus A330 ALS
Part 3—Certification Maintenance
Requirements (CMR), Variation 6.1,
dated June 28, 2019, as an additional
source of service information.
Request To Allow the Use of Future
Revisions of Service Information
Delta Airlines (DAL) asked that the
proposed AD be revised to allow the use
of future revisions of the service
information. DAL noted that since the
FAA has started to instruct operators to
refer to the EASA AD to comply with
the FAA AD, it recommends that the
FAA include a paragraph that resolves
this issue by referring to the EASA AD.
DAL added that the EASA AD allows
the use of future revisions of service
information.
The FAA acknowledges the
commenter’s observation regarding the
FAA’s new ‘‘IBR the MCAI’’ process,
E:\FR\FM\25OCR1.SGM
25OCR1
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Federal Register / Vol. 84, No. 207 / Friday, October 25, 2019 / Rules and Regulations
which uses EASA ADs as the primary
source of information for compliance
with corresponding FAA ADs. However,
the FAA currently only uses the new
‘‘IBR the MCAI’’ process with certain
MCAI ADs (primarily those with service
bulletins as the primary source of
information). When the Airbus A330
Airworthiness Limitations Section is
revised, and EASA issues an AD, the
FAA will consider drafting the
corresponding FAA AD as an ‘‘IBR the
MCAI’’ AD. Thus, all provisions
specified in the EASA AD would apply
to the corresponding FAA AD.
Based on the information above, the
FAA does not agree with the
commenter’s request to allow the use of
future revisions of the service
information. The FAA may not refer to
any document that does not yet exist in
an AD. To allow operators to use later
revisions of the referenced document
(issued after AD publication), the most
expeditious approach would be for
operators to request approval to use
later revisions as an alternative method
of compliance with this AD, under the
provisions of paragraph (j)(1) of this AD.
The alternative would be for the FAA to
revise the AD to reference specific later
revisions, which would take longer and
consume more resources. This AD has
not been revised regarding this issue.
Conclusion
The FAA reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting this
final rule with the change described
previously and minor editorial changes.
The FAA has determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
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 Service Information Under 1
CFR Part 51
Airbus SAS has issued the following
service information.
• A330 Airworthiness Limitations
Section (ALS) Part 3—Certification
Maintenance Requirements (CMR),
Revision 06, dated October 15, 2018.
This service information describes
maintenance instructions and
airworthiness limitations, including
updated inspections and intervals, to be
incorporated into the existing
maintenance or inspection program.
VerDate Sep<11>2014
15:53 Oct 24, 2019
Jkt 250001
• A330 ALS Part 3—Certification
Maintenance Requirements (CMR),
Variation 6.1, dated June 28, 2019. This
service information describes
maintenance instructions and
airworthiness limitations, and increases
the flight cycle inspection intervals to
12,000 flight hours.
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.
Costs of Compliance
The FAA estimates that this AD
affects 107 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this 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).
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
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Frm 00002
Fmt 4700
Sfmt 4700
delegated the authority to issue ADs
applicable to transport category
airplanes and associated appliances to
the Director of the System Oversight
Division.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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 adding
the following new airworthiness
directive (AD):
■
2019–21–02 Airbus SAS: Amendment 39–
19768; Docket No. FAA–2019–0523
Product Identifier 2019–NM–050–AD.
(a) Effective Date
This AD is effective November 29, 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.
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Federal Register / Vol. 84, No. 207 / Friday, October 25, 2019 / Rules and Regulations
(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, as supplemented
by Airbus A330 ALS Part 3—Certification
Maintenance Requirements (CMR), Variation
6.1, dated June 28, 2019. The initial
compliance times 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,
as supplemented by Airbus A330 ALS Part
3—Certification Maintenance Requirements
(CMR), Variation 6.1, dated June 28, 2019, 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) or
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: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any
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15:53 Oct 24, 2019
Jkt 250001
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 Union 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.
(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.
(l) 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) Airbus A330 Airworthiness Limitations
Section (ALS) Part 3—Certification
Maintenance Requirements (CMR), Revision
06, dated October 15, 2018.
(ii) Airbus A330 ALS Part 3—Certification
Maintenance Requirements (CMR), Variation
6.1, dated June 28, 2019.
(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.
(4) 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.
(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:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Des Moines, Washington, on
October 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–23284 Filed 10–24–19; 8:45 am]
BILLING CODE 4910–13–P
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57315
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2017–0012]
16 CFR Part 1217
Revisions to Safety Standard for
Toddler Beds
Consumer Product Safety
Commission.
ACTION: Direct final rule.
AGENCY:
In February 2017, the U.S.
Consumer Product Safety Commission
(CPSC) published an update to the
consumer product safety standard for
toddler beds. The standard incorporated
by reference the applicable ASTM
voluntary standard. ASTM has since
published two revised versions of the
voluntary standard for toddler beds. We
are publishing this direct final rule
revising the CPSC’s mandatory standard
for toddler beds to incorporate by
reference, the most recent version of the
applicable ASTM standard.
DATES: The rule is effective on January
27, 2020, unless we receive significant
adverse comment by November 25,
2019. If we receive timely significant
adverse comments, we will publish
notification in the Federal Register,
withdrawing this direct final rule before
its effective date. The incorporation by
reference of the publication listed in
this rule is approved by the Director of
the Federal Register as of January 27,
2020.
SUMMARY:
You may submit comments,
identified by Docket No. CPSC–2017–
0012, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
The CPSC does not accept comments
submitted by electronic mail (email),
except through www.regulations.gov.
The CPSC encourages you to submit
electronic comments by using the
Federal eRulemaking Portal, as
described above.
Written Submissions: Submit written
submissions in the following way: Mail/
Hand delivery/Courier (for paper, disk,
or CD–ROM submissions), preferably in
five copies, to: Division of the
Secretariat, Consumer Product Safety
Commission, Room 820, 4330 East West
Highway, Bethesda, MD 20814;
telephone (301) 504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this proposed
rulemaking. All comments received may
be posted without change, including
ADDRESSES:
E:\FR\FM\25OCR1.SGM
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Agencies
[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Rules and Regulations]
[Pages 57313-57315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23284]
========================================================================
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. 207 / Friday, October 25, 2019 /
Rules and Regulations
[[Page 57313]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0523; Product Identifier 2019-NM-050-AD; Amendment
39-19768; AD 2019-21-02]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A330-200, -200F, and -300 series airplanes. This AD
was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. This AD requires revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. The FAA
is issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective November 29, 2019.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 29,
2019.
ADDRESSES: For service information identified in this final rule,
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. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0523.
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 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 European Union 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. 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.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A330-200, -200F, and -300 series airplanes. The NPRM published in the
Federal Register on July 9, 2019 (84 FR 32661). The NPRM was prompted
by a determination that new or more restrictive airworthiness
limitations are necessary. The NPRM proposed to require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. 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. See the MCAI for additional background
information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.
Request To Add Service Information
American Airlines (AAL) asked that the proposed AD be revised to
include Airbus A330 Airworthiness Limitations Section (ALS) Part 3--
Certification Maintenance Requirements (CMR), Variation 6.1, dated June
28, 2019, as an additional source of service information. AAL stated
that the variation document provides relieving compliance times for
certain tasks. AAL pointed out that an alternative method of compliance
(AMOC) for AD 2016-26-05, Amendment 39-18763 (82 FR 1170, January 5,
2017) (``AD 2016-26-05'') (AMOC AIR-676-19-016, dated November 2,
2018), has been approved to allow incorporation of the variation
document into AAL's maintenance program as acceptable for compliance
with the requirements of paragraph (g) of the proposed AD.
The FAA agrees with the commenter's request for the reason
provided. Paragraph (g) of this AD has been revised to include Airbus
A330 ALS Part 3--Certification Maintenance Requirements (CMR),
Variation 6.1, dated June 28, 2019, as an additional source of service
information.
Request To Allow the Use of Future Revisions of Service Information
Delta Airlines (DAL) asked that the proposed AD be revised to allow
the use of future revisions of the service information. DAL noted that
since the FAA has started to instruct operators to refer to the EASA AD
to comply with the FAA AD, it recommends that the FAA include a
paragraph that resolves this issue by referring to the EASA AD. DAL
added that the EASA AD allows the use of future revisions of service
information.
The FAA acknowledges the commenter's observation regarding the
FAA's new ``IBR the MCAI'' process,
[[Page 57314]]
which uses EASA ADs as the primary source of information for compliance
with corresponding FAA ADs. However, the FAA currently only uses the
new ``IBR the MCAI'' process with certain MCAI ADs (primarily those
with service bulletins as the primary source of information). When the
Airbus A330 Airworthiness Limitations Section is revised, and EASA
issues an AD, the FAA will consider drafting the corresponding FAA AD
as an ``IBR the MCAI'' AD. Thus, all provisions specified in the EASA
AD would apply to the corresponding FAA AD.
Based on the information above, the FAA does not agree with the
commenter's request to allow the use of future revisions of the service
information. The FAA may not refer to any document that does not yet
exist in an AD. To allow operators to use later revisions of the
referenced document (issued after AD publication), the most expeditious
approach would be for operators to request approval to use later
revisions as an alternative method of compliance with this AD, under
the provisions of paragraph (j)(1) of this AD. The alternative would be
for the FAA to revise the AD to reference specific later revisions,
which would take longer and consume more resources. This AD has not
been revised regarding this issue.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
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 Service Information Under 1 CFR Part 51
Airbus SAS has issued the following service information.
A330 Airworthiness Limitations Section (ALS) Part 3--
Certification Maintenance Requirements (CMR), Revision 06, dated
October 15, 2018. This service information describes maintenance
instructions and airworthiness limitations, including updated
inspections and intervals, to be incorporated into the existing
maintenance or inspection program.
A330 ALS Part 3--Certification Maintenance Requirements
(CMR), Variation 6.1, dated June 28, 2019. This service information
describes maintenance instructions and airworthiness limitations, and
increases the flight cycle inspection intervals to 12,000 flight hours.
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.
Costs of Compliance
The FAA estimates that this AD affects 107 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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 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
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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2019-21-02 Airbus SAS: Amendment 39-19768; Docket No. FAA-2019-0523
Product Identifier 2019-NM-050-AD.
(a) Effective Date
This AD is effective November 29, 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.
[[Page 57315]]
(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, as
supplemented by Airbus A330 ALS Part 3--Certification Maintenance
Requirements (CMR), Variation 6.1, dated June 28, 2019. The initial
compliance times 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, as supplemented by Airbus A330 ALS Part 3--
Certification Maintenance Requirements (CMR), Variation 6.1, dated
June 28, 2019, 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) or 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 Union
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.
(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.
(l) 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) Airbus A330 Airworthiness Limitations Section (ALS) Part 3--
Certification Maintenance Requirements (CMR), Revision 06, dated
October 15, 2018.
(ii) Airbus A330 ALS Part 3--Certification Maintenance
Requirements (CMR), Variation 6.1, dated June 28, 2019.
(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.
(4) 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.
(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: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on October 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-23284 Filed 10-24-19; 8:45 am]
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