Rule2023-02007
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
February 2, 2023
Effective
March 9, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A330-800, A330-900, A340-200, and A340-300 series airplanes. This AD was prompted by a determination that certain landing gear parts have been manufactured with improper material or using a deviating manufacturing process. This AD requires replacing each affected part with a serviceable part, and for certain airplanes, re-assessing any previously repaired main landing gear (MLG) sliding piston, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also limits the installation of affected parts under certain conditions. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 22 (Thursday, February 2, 2023)</title>
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[Federal Register Volume 88, Number 22 (Thursday, February 2, 2023)]
[Rules and Regulations]
[Pages 6974-6976]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02007]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1166; Project Identifier MCAI-2022-00407-T;
Amendment 39-22297; AD 2023-01-03]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A330-800,
A330-900, A340-200, and A340-300 series airplanes. This AD was prompted
by a determination that certain landing gear parts have been
manufactured with improper material or using a deviating manufacturing
process. This AD requires replacing each affected part with a
serviceable part, and for certain airplanes, re-assessing any
previously repaired main landing gear (MLG) sliding piston, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. This AD also limits the installation of
affected parts under certain conditions. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective March 9, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 9,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1166; 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 material incorporated by reference 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#89c8cdfac9ece8fae8a7ecfcfbe6f9e8a7ecfc"><span class="__cf_email__" data-cfemail="cc8d88bf8ca9adbfade2a9b9bea3bcade2a9b9">[email protected]</span></a>; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
<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-2022-1166.
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#9debf1fcf9f4f0f4efb3e8f1e4fcf3f2ebddfbfcfcb3faf2eb"><span class="__cf_email__" data-cfemail="4f39232e2b2622263d613a23362e2120390f292e2e61282039">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA 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
A330-200, A330-200 Freighter, A330-300, A330-800, A330-900, A340-200,
and A340-300 series airplanes. The NPRM published in the Federal
Register on September 19, 2022 (87 FR 57153). The NPRM was prompted by
AD 2022-0049, dated March 21, 2022, issued by EASA, which is the
Technical Agent for the Member States of the European Union (EASA AD
2022-0049) (also referred to as the MCAI). The MCAI states that certain
landing gear parts have been
[[Page 6975]]
manufactured with improper material and/or using a deviating
manufacturing processes. This condition, if not corrected, could lead
to nose landing gear (NLG) or MLG structural fatigue failure and
subsequent collapse of a landing gear, possibly resulting in damage to
the airplane and injury to occupants.
In the NPRM, the FAA proposed to require replacing each affected
part with a serviceable part, and for certain airplanes, re-assessing
any previously repaired MLG sliding piston, as specified in EASA AD
2022-0049. The NPRM also proposed to limit the installation of affected
parts under certain conditions. The FAA is issuing this AD to address
possible NLG or MLG structural fatigue failure and subsequent collapse,
which could result in damage to the airplane and injury to occupants.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from The Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
The FAA received an additional comment from American Airlines. The
following presents the comment received on the NPRM and the FAA's
response.
Request To Allow Maintenance Records Review for Identification of
Affected Parts
American Airlines (AAL) requested that operators be allowed to use
a maintenance records review for identifying affected parts. AAL
asserted that a maintenance records review is usually permitted for
identifying affected parts ``provided the part number and serial number
of each component can be conclusively identified by that review.'' AAL
added that it asked EASA about this issue and EASA stated that ``. . .
any method, which is acceptable to the NAA responsible for AD
enforcing, is acceptable'' for determining whether a part is affected.
AAL noted that it does not believe the EASA response allows FAA
operators to use a maintenance records review.
The FAA agrees to clarify. This AD does not directly require
determining whether or not a part is affected, but instead requires
actions for airplanes that have an affected part installed and limits
the installation of affected parts. Therefore, operators may use any
method they choose, including a records review, for determining whether
they have an affected part, provided the part number and serial number
can be conclusively determined. Since the determination is not an AD
requirement, the FAA has not changed this AD regarding this issue.
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
comments 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 2022-0049 specifies procedures for replacing each affected
part with a serviceable part before exceeding the applicable revised
life limit, and, for airplanes with a previously repaired MLG sliding
piston, re-assessing the repaired part, which involves obtaining and
following instructions from the FAA, EASA, or Airbus SAS's EASA Design
Organization Approval (DOA). 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 128 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions *
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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 49 work-hours x $85 per hour = Up to $692,323 (per Up to $696,489 (per Up to $89,150,592.
$4,165 (per MLG). MLG). MLG).
Up to 11 work-hours x $85 per hour = Up to $260,410......... Up to $261,346......... Up to $33,452,288.
$935 (NLG).
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* The FAA notes that not every MLG or NLG will need to be replaced on every airplane and that operators may have
serviceable parts in stock, thereby reducing the costs on U.S. operators. Depending on the flight hours and
landings on the landing gear, the FAA estimates that the replacement period for all affected MLG and NLG will
be more than two years. Additionally, the FAA has received no definitive data on which to base the cost
estimates for the re-assessment actions specified in this AD.
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:
[[Page 6976]]
(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 adding the following new airworthiness
directive:
2023-01-03 Airbus SAS: Amendment 39-22297; Docket No. FAA-2022-1166;
Project Identifier MCAI-2022-00407-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 9, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (7) of this AD, certificated in any
category.
(1) Model A330-201, -202, -203, -223, -243 airplanes.
(2) Model A330-223F and -243F airplanes.
(3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
(4) Model A330-841 airplanes.
(5) Model A330-941 airplanes.
(6) Model A340-211, -212, and -213 airplanes.
(7) Model A340-311, -312, and -313 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
gear.
(e) Unsafe Condition
This AD was prompted by a determination that certain landing
gear parts have been manufactured with improper material or using a
deviating manufacturing processes. The FAA is issuing this AD to
address possible nose landing gear (NLG) or main landing gear (MLG)
structural fatigue failure and subsequent collapse, which could
result in damage to the airplane and injury to occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0049, dated March 21, 2022 (EASA AD 2022-0049).
(h) Exceptions to EASA AD 2022-0049
(1) Where the affected part and serviceable part definitions in
EASA AD 2022-0049 refer to ``the SB,'' replace the text ``the SB''
with ``Airbus Service Bulletin A330-32-3302, dated January 18, 2022;
or Airbus Service Bulletin A340-4321, dated January 18, 2022; as
applicable.''
(2) Where EASA AD 2022-0049 refers to its effective date, this
AD requires using the effective date of this AD.
(3) The ``Remarks'' section of EASA AD 2022-0049 does not apply
to this AD.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#794054382f2a5438302b544e4a49543834363a391f1818571e160f"><span class="__cf_email__" data-cfemail="023b2f4354512f434b502f3531322f434f4d41426463632c656d74">[email protected]</span></a>.
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, Large Aircraft
Section, 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.
(3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(j) 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#51273d3035383c38237f243d28303f3e27113730307f363e27"><span class="__cf_email__" data-cfemail="a8dec4c9ccc1c5c1da86ddc4d1c9c6c7dee8cec9c986cfc7de">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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.
(i) European Union Aviation Safety Agency (EASA) AD 2022-0049,
dated March 21, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0049, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#2564615665404456440b4050574a55440b4050"><span class="__cf_email__" data-cfemail="9ddcd9eeddf8fceefcb3f8e8eff2edfcb3f8e8">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) 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.
(5) 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#89effba7e0e7faf9eceafde0e6e7c9e7e8fbe8a7eee6ff"><span class="__cf_email__" data-cfemail="cdabbfe3a4a3bebda8aeb9a4a2a38da3acbface3aaa2bb">[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 January 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-02007 Filed 2-1-23; 8:45 am]
BILLING CODE 4910-13-P
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