Discussion
The FAA issued AD 2018-02-11, Amendment 39-19164 (83 FR 2894, January 22, 2018) (``AD 2018-02-11''), for certain Airbus SAS Model A330-301, -321, -322, and -342 airplanes. AD 2018-02-11 requires contacting the FAA to obtain instructions for addressing the unsafe condition on these products, and doing the actions specified in those instructions. AD 2018-02-11 resulted from a report of cracking in the top skin of the HS CB of an airplane in pre-modification 41330 configuration. The FAA issued AD 2018-02-11 to address cracking in the HS CB, which could lead to reduced structural integrity of the airplane.
Actions Since AD 2018-02-11 Was Issued
Since the FAA issued AD 2018-02-11, the FAA received a report of additional cracking found on different airplane models, and of an update to the fatigue and damage tolerance analysis. The FAA has determined that additional airplanes are subject to the unsafe condition.
The EASA, which isthe Technical Agent for the Member States of the European Union, has issued EASA AD 2018-0226, dated October 22, 2018 (``EASA AD 2018-0226'') (also referred to as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Airbus SAS Model A330-223, -243, -301, -302, - 321, -322, -323, -341, -342, and -343 airplanes; and Model A340-200 and -300 series airplanes. The MCAI states:
Cracks were found in the horizontal stabilizer (HS) centre box (CB) top skin of an A330 aeroplane in pre-mod 41330 configuration. The cracks were initiated at the upper flange corner at Rib 3 rear spar area on left hand side of the CB.
This condition, if not detected and corrected, could lead to reduced structural integrity of the HS CB of the aeroplane.
To address this unsafe condition, Airbus published SB [service bulletin] A330-55-3046 to provide inspection instructions for
[[Page 38860]]
the affected area (see Appendix 1 of this [EASA] AD), only applicable to some pre-mod 41330 A330 MSN [manufacturer serial number]. Consequently, EASA issued AD 2017-0078 (which corresponds to FAA AD 2018-02-11) to require a one-time special detailed inspection (SDI) of the HS CB top skin integral flange area and, depending on findings, accomplishment of applicable corrective action(s).
Since that [EASA] AD was issued, new crack finding occurrences were reported on different aeroplanes. Based on the reported findings, and the updated fatigue and damage tolerance analysis, it is necessary to extend the inspection to all pre-mod 41330 aeroplanes as well as to a limited number of post-mod aeroplanes, and to introduce repetitive inspections for all affected aeroplanes. Consequently, Airbus published the applicable SB to provide instructions for repetitive inspections for the affected area.
For the reasons described above, this [EASA] AD retains the requirements of EASA AD 2017-0078, which is superseded, expands the Applicabilityto include A340 and additional A330 aeroplanes, and introduces repetitive inspections.
Explanation of Retained Requirements
Although this AD does not explicitly restate the requirements of AD 2018-02-11, this AD would retain requirements equivalent to those of AD 2018-02-11. Those requirements are referenced in EASA AD 2018-0226, which, in turn, is referenced in paragraph (g) of this AD.
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0226 describes procedures for repetitive special detailed inspections (SDI) of the HS CB top skin integral flange area and, repair if necessary. 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.
FAA's Determination
This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to a bilateral agreement with the Stateof Design Authority, the FAA has been notified of the unsafe condition described in the MCAI referenced above. The FAA is issuing this AD because the agency evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD 2018-0226 described previously, except for any differences identified as exceptions in the regulatory text of this AD. This AD also requires sending the inspection results to Airbus.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA worked with Airbus and EASA to develop a process to use certain EASA ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. As a result, EASA AD 2018-0226 is incorporated by reference in the FAA final rule. This AD, therefore, requires compliance with the provisions specified in EASA AD 2018-0226, except for any differences identified as exceptions in the regulatory text of this AD. Service information specified in EASA AD 2018-0226 that is required for compliance with EASA AD 2018-0226 is available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019- 0574.
FAA's Justification and Determination of the Effective Date
Since there are currently no domestic operators of this product, notice and opportunity for public comment before issuing this AD are unnecessary. In addition, for the reasons stated above, the FAA finds that good cause exists for making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and the FAA did not precede it by notice and opportunity for public comment. The FAA invites you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2019-0574; Product Identifier 2018-NM-150-AD'' at the beginning of your comments. The FAA specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of this AD. The FAA will consider all comments received by the closing date and may amend this AD based on those comments.
The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. The FAA will also post a report summarizing each substantive verbal contact received about this AD.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an affected airplane is imported and placed on the U.S. Register in the future, the following are cost estimates to comply with this AD:
Estimated Costs for Required Actions ------------------------------------------------------------------------
Labor cost Parts cost Cost per product ------------------------------------------------------------------------ 1 work-hour x $85 per hour = $85.. $0 $85 per inspection. ------------------------------------------------------------------------
The FAA estimates that it would take about 1 work-hour per product to comply with the on-condition reporting requirement in this AD. The average labor rate is $85 per hour. Based on these figures, the FAA estimates the cost of reporting the inspection results on U.S. operators to be $85 per product.
The FAA has received no definitive data that would enable the agency to provide cost estimates for the on-condition actions specified in this AD.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements ofthe Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this AD is 2120- 0056. The paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associated with this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at 800 Independence Ave. SW, Washington,
[[Page 38861]]
DC 20591, ATTN: Information Collection Clearance Officer, AES-200.
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 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.