Discussion
We 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 A330-223, A330-223F, A330-321, A330-322, and A330-323 airplanes. The NPRM published in the Federal Register on December 28, 2018 (83 FR 67158). The NPRM was prompted by a report of fatigue cracking in the latch beam gussets on a certain T/R. The NPRM proposed to require a one-time special detailed inspection of certain latch beam gussets of certain T/Rs for cracks, and modifying the latch beam gussets of the T/Rs, if necessary, as specified in, and in accordance with, EASA AD 2018-0227, dated October 22, 2018 ( EASA AD 2018-0227 ).
We are issuing this AD to address fatigue cracking in the latch beam gussets on a certain T/R, which, if not detected and corrected, could lead to crack propagation until part failure and potential departure of the T/R cascade during T/R operation, which could result in damage tothe airplane and hazards to persons or property on the ground.
The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2018-0227 (also referred to as the Mandatory Continuing Airworthiness Information, or the MCAI ), to correct an unsafe condition for all Airbus SAS Model A330-223, A330-223F, A330-321, A330-322, and A330-323 airplanes. The MCAI states:
A report was received of an in-service occurrence where an operator found a crack in the latch beam gussets of an affected TR [thrust reverser], between the forward (L2) and middle (L3) latches, adjacent to the aft cascade frame attachment bracket in the 6 o'clock beam. Subsequent investigation revealed that the crack surface of the latch beam gusset showed indication of high fatigue cycle, leading to development of a design modification, reinforcing the latch beam gussets. This was introduced through Airbus production mod 48539 (improvement of 6 o'clock latch beam) and Airbus issued the modification SB [Airbus Service Bulletin A330-78-3014, dated May 9, 2001] as a recommendation for in-service aeroplanes. Since these measures were introduced, a new case was reported of finding a crack beyond prediction at the latch beam gusset of an affected TR, on which the recommended modification SB had not been accomplished.
This condition, if not detected and corrected, could lead to crack propagation until part failure and potentially departure of TR cascade during TR operation, which could create runway hazards for other aeroplanes [which could result in damage to the airplane and hazards to persons or property on the ground].
To address this potential unsafe condition, Airbus issued the inspection SB [Airbus Service Bulletin A330-78-3024, dated June 28, 2018] to provide instructions for special detailed inspection (SDI) of the latch beam gussets.
For the reasons described above, this [EASA] AD requires a one-time SDI of the latch beam gussets between the forward and middle latches of the affected TR [for cracks] and, depending on findings, replacement with improved (reinforced, modified) TR latch beam gussets.
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-2018-1063.
Comments
We gave the public the opportunity to participate in developing this final rule. We received no comments on the NPRM or on the determination of the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and the public interest require adopting this final rule as proposed, except for minor editorial changes. We have 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.
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0227 describes procedures for a one-time special detailed inspection of the latch beam gussets between the forward and middle latches of the affected T/R for cracks and modifying the latch beam gussets. 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 and it is publicly available through the EASA website.
Costs of Compliance
We estimate that this AD affects 9 airplanes of U.S. registry. We estimate the following costs to comply with this AD:
Estimated Costs for Required Actions Labor cost Parts cost Cost per product Cost on U.S. operators 12 work-hours $85 per hour = $1,020 $0 $1,020 $9,180
We estimate the following costs to do any necessary on-condition action that would be required based on the results of any required actions. We have no way of determining the number of aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions Labor cost Parts cost Cost per product 26 work-hours $85 per hour = $2,210 (per thrust reverser) $0 $2,210 (per thrust reverser).
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. We do not control warranty coverage for affected individuals. As a result, we have included all known costs in our cost estimate.
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.
We are 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 byprescribing 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) Is not a significant rule under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.