Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus SAS Model A330-200 Freighter, -200 and -300 series airplanes; and certain Airbus SAS Model A340-200, -300, -500, and -600 series airplanes. The NPRM published in the Federal Register on May 8, 2019 (84 FR 20057). The NPRM was prompted by a determination that certain wing slat tracks that were inadvertently indicated as eligible for installation on all Model A330 and A340 series airplanes are unable to sustain the ultimate loads relative to the weight variant of certain airplane configurations. The NPRM proposed to require inspecting any affected part for cracking, and replacing with a serviceable part.
The FAA is issuing this AD to address installation of affected parts, which could result in slat detachment in flight and consequent reduced control of the airplane.
The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2019-0026, dated February 4, 2019 (``EASA AD 2019-0026'') (also referred to as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Airbus SAS Model A330-200 Freighter, -200, and - 300 series airplanes; and certain Airbus SAS Model A340-200, -300, - 500, and -600 series airplanes. The MCAI states:
It was recently determined that, since June 2010, the affected parts were inadvertently indicated as eligible for installation on all A330 and A340 aeroplanes in the applicable Illustrated Part Catalogue (IPC), although in fact, those parts are not valid for some aeroplane configurations (weight variants), because they are unable to sustain ultimate load. Investigation demonstrated that affected parts were never delivered as spare part. However, it cannot be excluded that an affected part was removed in-service from an aeroplane and installed on another.
This condition, if not detected and corrected, could lead to slat detachment in flight, possibly resulting in reduced control of the aeroplane.
To address this potential unsafe condition, Airbus published the applicable SB [service bulletin] to provide instructions to identify affected parts, and instructions to inspect [for cracking of] those affected parts found installed.
For the reasons described above, this [EASA] AD requires a one- time detailed (DET) and special detailed inspection (SDI) of the aft lug of each affected part and replacement of each affected part. This [EASA] AD also prohibits installation of affected parts.
You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019- 0320.
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 Include Additional Exceptions to the MCAI
American Airlines (AAL) asked that an airplane records review for the affected part identification be an approved method of compliance in the proposed AD. AAL stated that its maintenance records indicate that no affected #10 slat track was installed in production, or has been installed since aircraft delivery.
The FAA agrees with the commenter's request. The FAA has added paragraph (h)(2) to this AD to allow a review of airplane maintenance records in lieu of the inspections for the part numbers of the wing slat tracks at the #10 position. Subsequent paragraphs have been redesignated accordingly.
AAL also asked that in cases where the slat track part number is not identifiable, instructions be provided in the proposed AD to specify a range for the slat track measured thickness used to identify affected parts. AAL stated that Airbus Service Bulletin A330-57-3144, dated November 12, 2018, which is referenced in EASA AD 2019-0026, specifies that if the slat track part number is not identifiable, the upper thickness of the aft lug must be measured, and if the dimension is ``10.80 mm,'' the part is an affected slat track and must be replaced. AAL questioned whether a slat track with a measurement other than 10.80 mm would be affected. Therefore, AAL requested that Airbus provide a specific tolerance range that would require further inspection and ultimate replacement. AAL stated that Airbus provided a range of between 10.763 mm and 11.275 mm for the part to be an affected slat track, which will be added to the next revision of the referenced service bulletin.
The FAA agrees with the commenter's request for the reasons provided. Paragraph (h)(3) has been added to this AD to specify the measured dimension range of 10.763 mm through 11.275 mm inclusive for an affected part. Subsequent paragraphs have been redesignated accordingly.
Conclusion
The FAA reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the 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 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 has also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0026 describes procedures for one-time detailed and special detailed (high frequency eddy current) inspections for cracking of the aft lug of each affected wing slat track (including an inspection to first determine if an affected slat track is installed), and replacement of any affected part with a serviceable part. 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 104 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:
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Estimated Costs for Required Actions ----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- 7 work-hours x $85 per hour = $595........................... $0 $595 $61,880 ----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on- condition action 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 this on-condition action:
Estimated Costs of On-Condition Action ------------------------------------------------------------------------
Cost per
Labor cost Parts cost product ------------------------------------------------------------------------ 8 work-hours x $85 per hour = $680.... $0 $680 ------------------------------------------------------------------------
According to the manufacturer, some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. The FAA does not control warranty coverage for affected individuals. As a result, the FAA has included all known costs in the cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority toissue 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.