Rule2022-24901
Airworthiness Directives; Airbus SAS Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 16, 2022
Effective
December 21, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2017-10- 17, which applied to certain Airbus SAS Model A330-200; A330-200 Freighter; and A330-300 series airplanes. AD 2017-10-17 required revising the existing maintenance or inspection program, as applicable, to incorporate new fuel airworthiness limitations. This AD was prompted by a determination that new or more restrictive fuel airworthiness limitations and tasks are necessary. This AD continues to require the actions in AD 2017-10-17 and requires revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive fuel airworthiness limitations and tasks, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also expands the applicability to include additional airplane models. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 220 (Wednesday, November 16, 2022)</title>
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[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Rules and Regulations]
[Pages 68616-68618]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24901]
[[Page 68616]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0673; Project Identifier MCAI-2021-01282-T;
Amendment 39-22213; AD 2022-21-14]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-10-
17, which applied to certain Airbus SAS Model A330-200; A330-200
Freighter; and A330-300 series airplanes. AD 2017-10-17 required
revising the existing maintenance or inspection program, as applicable,
to incorporate new fuel airworthiness limitations. This AD was prompted
by a determination that new or more restrictive fuel airworthiness
limitations and tasks are necessary. This AD continues to require the
actions in AD 2017-10-17 and requires revising the existing maintenance
or inspection program, as applicable, to incorporate additional new or
more restrictive fuel airworthiness limitations and tasks, as specified
in a European Union Aviation Safety Agency (EASA) AD, which is
incorporated by reference. This AD also expands the applicability to
include additional airplane models. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective December 21, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 21,
2022.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of June
29, 2017 (82 FR 24017, May 25, 2017).
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-0673; 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 mandatory continuing airworthiness
information (MCAI), 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.
Material Incorporated by Reference:
<bullet> For EASA material incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#5f1e1b2c1f3a3e2c3e713a2a2d302f3e713a2a"><span class="__cf_email__" data-cfemail="b2f3f6c1f2d7d3c1d39cd7c7c0ddc2d39cd7c7">[email protected]</span></a>; website
easa.europa.eu. You may find this IBR material on the EASA website at
ad.easa.europa.eu.
<bullet> For Airbus service information identified in this final
rule, contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 45 80; email <a href="/cdn-cgi/l/email-protection#35545c47425a47415d5c5b5046461b740606051874060105750954155d47505308" http: airbus.com">airbus.com</a>">airworthiness.A330-A340@<a href="http://airbus.com">airbus.com</a></a>;
website <a href="http://airbus.com">airbus.com</a>.
<bullet> You may view this material at the FAA, Airworthiness
Products Section, Operational Safety 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 in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-0673.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 206-231-3229; email
<a href="/cdn-cgi/l/email-protection#97e1fbf6f3fefafee5b9e2fbeef6f9f8e1d7f1f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="94e2f8f5f0fdf9fde6bae1f8edf5fafbe2d4f2f5f5baf3fbe2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-10-17, Amendment 39-18891 (82 FR
24017, May 25, 2017) (AD 2017-10-17). AD 2017-10-17 applied to certain
Airbus SAS Model A330-223F and -243F airplanes; Model A330-201, -202, -
203, -223, and -243 airplanes; Model A330-301, -302, -303, -321, -322,
-323, -341, -342, and -343 airplanes. AD 2017-10-17 required revising
the existing maintenance or inspection program, as applicable, to
include new fuel airworthiness limitations. The FAA issued AD 2017-10-
17 to address the potential of ignition sources inside fuel tanks,
which, in combination with flammable fuel vapors, could result in fuel
tank explosions and consequent loss of the airplane.
The NPRM published in the Federal Register on June 10, 2022 (87 FR
35465). The NPRM was prompted by AD 2021-0252, dated November 17, 2021,
issued by EASA (referred to after this as the MCAI). The MCAI states
that new or more restrictive fuel airworthiness limitations and tasks
are necessary.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-0673.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2017-10-17. The NPRM also proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive fuel airworthiness limitations and
tasks, as specified in EASA AD 2021-0252. In addition, the NPRM
proposed to expand the applicability to include additional models. The
FAA is issuing this AD to address the unsafe condition on these
products.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from the Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comment received, and determined that air safety requires adopting this
AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on this product. Except for minor editorial changes,
this AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0252 describes new or more restrictive fuel
airworthiness limitations and tasks.
This AD also requires Airbus A330 Airworthiness Limitations Section
(ALS) Part 5--Fuel Airworthiness Limitations (FAL), Revision 01, dated
October 28, 2015, which the Director of the Federal Register approved
for incorporation by reference as of June 29, 2017 (82 FR 24017, May
25, 2017).
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 138 airplanes of U.S.
registry.
[[Page 68617]]
The FAA estimates the following costs to comply with this AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2017-10-17 to be $7,650 (90 work-hours x $85 per work-
hour).
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. 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.
The FAA estimates the total cost per operator for the new actions
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.
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.
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:
0
a. Removing Airworthiness Directive 2017-10-17, Amendment 39-18891 (82
FR 24017, May 25, 2017); and
0
b. Adding the following new airworthiness directive:
2022-21-14 Airbus SAS: Amendment 39-22213; Docket No. FAA-2022-0673;
Project Identifier MCAI-2021-01282-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 21,
2022.
(b) Affected ADs
This AD replaces AD 2017-10-17, Amendment 39-18891 (82 FR 24017,
May 25, 2017) (AD 2017-10-17).
(c) Applicability
This AD applies to Airbus SAS Model airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before July 1,
2021.
(1) Model A330-223F and -243F airplanes.
(2) Model A330-201, -202, -203, -223, and -243 airplanes.
(3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
(4) Model A330-841, and -941 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive fuel airworthiness limitations and tasks are necessary.
The FAA is issuing this AD to address the potential of ignition
sources inside fuel tanks, which, in combination with flammable fuel
vapors, could result in fuel tank explosions and consequent loss of
the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes
This paragraph restates the requirements of paragraph (j) of AD
2017-10-17, with no changes. For airplanes identified in paragraphs
(c)(1) through (3) of this AD with an original certificate of
airworthiness or original export certificate of airworthiness issued
on or before October 28, 2015: Within 3 months after June 29, 2017
(the effective date of AD 2017-10-17), revise the existing
maintenance or inspection program, as applicable, to incorporate
Airbus A330 Airworthiness Limitations Section (ALS) Part 5--Fuel
Airworthiness Limitations (FAL), Revision 01, dated October 28,
2015. The compliance times for accomplishing the initial tasks
specified in Airbus A330 ALS Part 5--FAL, Revision 01, dated October
28, 2015, are at the times specified in Airbus A330 ALS Part 5--FAL,
Revision 01, dated October 28, 2015, or within 3 months after
revising the maintenance or inspection program as required by
paragraph (g) of this AD, whichever occurs later. Accomplishing the
revision of the existing maintenance or inspection program required
by paragraph (i) of this AD terminates the requirements of this
paragraph.
(h) Retained Restrictions on Alternative Actions, Intervals, and
Critical Design Configuration Control Limitations (CDCCLs), With a New
Exception
This paragraph restates the requirements of paragraph (k) of AD
2017-10-17, with a new exception. Except as required by paragraph
(i) of this AD, after accomplishing the revision required by
paragraph (g) of this AD, no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used unless the actions,
intervals, or CDCCLs are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (l)(1) of this AD.
(i) New Revision of the Existing Maintenance or Inspection Program
Except as specified in paragraph (j) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0252, dated November 17, 2021 (EASA AD 2021-0252).
Accomplishing the revision of the existing maintenance or inspection
program required by this paragraph terminates the requirements of
paragraph (g) of this AD.
(j) Exceptions to EASA AD 2021-0252
(1) Where EASA AD 2021-0252 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0252 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2021-0252 specifies revising ``the
AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, within 90 days after the effective date of this AD.
(4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2021-0252 is at the applicable
[[Page 68618]]
``limitations'' and ``intervals'' as incorporated by the
requirements of paragraph (3) of EASA AD 2021-0252, or within 90
days after the effective date of this AD, whichever occurs later.
(5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2021-0252 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2021-0252 does not apply
to this AD.
(k) New Provisions for Alternative Actions, Intervals, and CDCCLs
After the existing maintenance or inspection program has been
revised as required by paragraph (i) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2021-0252.
(l) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation 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 responsible Flight Standards Office, as
appropriate. If sending information directly to the Manager,
International Validation Branch, mail it to the address identified
in paragraph (m) of this AD or email to: <a href="/cdn-cgi/l/email-protection#380115796e6b1579716a150f0b08157975777b785e5959165f574e"><span class="__cf_email__" data-cfemail="3e07137f686d137f776c13090d0e137f73717d7e585f5f10595148">[email protected]</span></a>.
If mailing information, also submit information by email. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(m) Additional Information
For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3229; email <a href="/cdn-cgi/l/email-protection#e2948e83868b8f8b90cc978e9b838c8d94a2848383cc858d94"><span class="__cf_email__" data-cfemail="72041e13161b1f1b005c071e0b131c1d04321413135c151d04">[email protected]</span></a>.
(n) 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.
(3) The following service information was approved for IBR on
December 21, 2022.
(i) European Union Aviation Safety Agency (EASA) AD 2021-0252,
dated November 17, 2021.
(ii) [Reserved]
(4) The following service information was approved for IBR on
June 29, 2017 (82 FR 24017, May 25, 2017).
(i) Airbus A330 Airworthiness Limitations Section (ALS) Part 5--
Fuel Airworthiness Limitations (FAL), Revision 01, dated October 28,
2015.
(ii) [Reserved]
(5) For EASA AD 2021-0252, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#0d4c497e4d686c7e6c2368787f627d6c236878"><span class="__cf_email__" data-cfemail="4302073003262230226d2636312c33226d2636">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu. For Airbus material,
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93
36 96; fax +33 5 61 93 45 80; email <a href="/cdn-cgi/l/email-protection#0c6d657e7b637e78646562697f7f224d3f3f3c214d3f383c4c306d2c647e696a31" http: airbus.com">airbus.com</a>">airworthiness.A330-A340@<a href="http://airbus.com">airbus.com</a></a>; website <a href="http://airbus.com">airbus.com</a>.
(6) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195.
(7) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<a href="/cdn-cgi/l/email-protection#ec8a9ec285829f9c898f98858382ac828d9e8dc28b839a"><span class="__cf_email__" data-cfemail="2d4b5f0344435e5d484e594442436d434c5f4c034a425b">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on October 6, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-24901 Filed 11-15-22; 8:45 am]
BILLING CODE 4910-13-P
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