Discussion
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2017-0078, dated May 3, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Airbus Model A330-301, -321, -322 and -342 airplanes. The MCAI states:
Cracks were found in the horizontal stabilizer (HS) centre box (CB) top skin of an aeroplane in pre-modification 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 Service Bulletin (SB) A330-55-3046 to provide inspection instructions for the affected area.
For the reason described above, this [EASA] AD requires a one- time special detailed inspection (SDI) of the HS CB top
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skin integral flange area and, depending on findings, accomplishment of applicable corrective action(s). This [EASA] AD also requires reporting of the inspection results, including no findings, to Airbus.
You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018- 0023.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI. We are issuing this AD because we 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.
FAA's Determination of the Effective DateSince there are currently no domestic operators of this product, we find good cause that notice and opportunity for prior public comment are unnecessary. In addition, for the reasons stated above, we find 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 we did not precede it by notice and opportunity for public comment. We invite 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-2018-0023; Product Identifier 2017-NM-084-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD based on those comments.
We will post all comments we receive, without change,to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. This AD requires contacting the FAA to obtain instructions for addressing the unsafe condition, and doing the actions specified in those instructions. Based on the actions specified in the MCAI AD, we are providing the following cost estimates for an affected airplane that is placed on the U.S. Register in the future:
Estimated Costs ----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- High frequency eddy current inspection..... 1 work-hour x$85 per hour = $85... $0 $85 Reporting.................................. 1 work-hour x $85 per hour = $85... 0 85 ----------------------------------------------------------------------------------------------------------------
We have received no definitive data that would enable us 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 of the 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, 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.
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 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 to the Director of the System Oversight Division.
Regulatory Findings
We 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. 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.
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