Proposed Rule2023-04654
Airworthiness Directives; Airbus SAS Airplanes
Primary source
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Published
March 8, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2017-06-07, which applies to all Airbus SAS Model A330-200 Freighter, - 200, and -300 series airplanes; and A340-200, -300, -500, and -600 series airplanes. AD 2017-06-07 requires identification of potentially affected inboard flap parts, a one-time eddy current inspection to identify which material the parts are made of, and, depending on findings, replacement with serviceable parts. Since the FAA issued AD 2017-06-07, it was determined that, even if affected inboard flaps were not installed on airplanes during production, affected inboard flaps could be installed on airplanes as spare parts. This proposed AD would continue to require the actions in AD 2017-06-07, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). This proposed AD would also reduce the allowance for the installation of affected parts under certain conditions. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 45 (Wednesday, March 8, 2023)</title>
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[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Proposed Rules]
[Pages 14303-14306]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04654]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0428; Project Identifier MCAI-2022-01250-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2017-06-07, which applies to all Airbus SAS Model A330-200 Freighter, -
200, and -300 series airplanes; and A340-200, -300, -500, and -600
series airplanes. AD 2017-06-07 requires identification of potentially
affected inboard flap parts, a one-time eddy current inspection to
identify which material the parts are made of, and, depending on
findings, replacement with serviceable parts. Since the FAA issued AD
2017-06-07, it was determined that, even if affected inboard flaps were
not installed on airplanes during production, affected inboard flaps
could be installed on airplanes as spare parts. This proposed AD would
continue to require the actions in AD 2017-06-07, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference (IBR). This proposed AD would also reduce
the allowance for the installation of affected parts under certain
conditions. The FAA is proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments on this proposed AD by April 24,
2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket
[[Page 14304]]
No. FAA-2023-0428; 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 NPRM, the mandatory continuing airworthiness information
(MCAI), any comments received, and other information. The street
address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For the EASA AD identified in this NPRM, you may contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#1d5c596e5d787c6e7c3378686f726d7c337868"><span class="__cf_email__" data-cfemail="0544417645606476642b6070776a75642b6070">[email protected]</span></a>; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-0428.
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#30665c5154595d59421e655c49515e5f46705651511e575f46"><span class="__cf_email__" data-cfemail="acfac0cdc8c5c1c5de82f9c0d5cdc2c3daeccacdcd82cbc3da">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0428; Project Identifier
MCAI-2022-01250-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
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#56003a37323f3b3f2478033a2f373839201630373778313920"><span class="__cf_email__" data-cfemail="1b4d777a7f72767269354e77627a75746d5b7d7a7a357c746d">[email protected]</span></a>. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
The FAA issued AD 2017-06-07, Amendment 39-18831 (82 FR 17107,
April 10, 2017) (AD 2017-06-07), for all Airbus SAS Model A330-223F and
-243F airplanes; A330-201, -202, -203, -223, and -243 airplanes; A330-
301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes;
A340-211, -212, and -213 airplanes; A340-311, -312, and -313 airplanes;
A340-541 airplanes; and A340-642 airplanes. AD 2017-06-07 was prompted
by an MCAI originated by EASA, which is the Technical Agent for the
Member States of the European Union. EASA issued AD 2016-0231, dated
November 22, 2016 (EASA AD 2016-0231), which superseded EASA AD 2016-
0082, dated April 27, 2016, to correct an unsafe condition identified
as structural parts of inboard flaps made of nonconforming aluminum
alloy, which could result in reduced structural integrity of the
airplane.
AD 2017-06-07 requires identification of potentially affected
inboard flap parts, a one-time eddy current inspection to identify
which material the parts are made of, and, depending on findings,
replacement with serviceable parts. The FAA issued AD 2017-06-07 to
detect and correct structural parts of inboard flaps made of
nonconforming aluminum alloy, which could result in reduced structural
integrity of the airplane.
Actions Since AD 2017-06-07 Was Issued
Since the FAA issued AD 2017-06-07, EASA superseded AD 2016-0231
and issued EASA AD 2022-0189, dated September 19, 2022 (EASA AD 2022-
0189) (also referred to as the MCAI), to correct an unsafe condition
for all Airbus SAS Model A330-201, -202, -203, -223, -223F, -243, -
243F, -301, -302, -303, -321, -322, -323, -341, -342, -343, and -743L
airplanes; and A340-211, -212, -213, -311, -312, -313, -541, -542, -
642, and -643 airplanes. Airbus SAS Model A330-743L, A340-542, and
A340-643 airplanes are not certificated by the FAA and are not included
on the U.S. type certificate data sheet; this proposed AD therefore
does not include those airplanes in the applicability. The MCAI states
that since EASA AD 2016-0231 was issued, it was determined that, even
if affected inboard flaps were not installed on airplanes during
production, affected inboard flaps could be installed on airplanes as
spare parts. The unsafe condition, if not addressed, could result in
reduced structural integrity of the airplane.
The FAA is proposing this AD to detect and correct structural parts
of inboard flaps made of nonconforming aluminum alloy. You may examine
the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-
0428.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2017-06-07, this proposed AD would retain all of the
requirements of AD 2017-06-07. Those requirements are referenced in
EASA AD 2022-0189, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0189 specifies procedures for identification of
potentially affected inboard flap parts, a one-time special detailed
inspection (eddy current) to identify which material the parts are made
of, and, depending on findings, replacement with serviceable parts. The
MCAI also reduces the allowance for the installation of affected parts
under certain conditions. 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
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
[[Page 14305]]
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0189 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2022-0189 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0189 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2022-0189 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2022-
0189. Service information required by EASA AD 2022-0189 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-0428
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 36 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 10 work-hours x $85 per $0 $850 $30,600
2017[dash]06[dash]07. hour = $850.
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The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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60 work-hours x $85 per hour = $5,100. $1,345,000 $1,350,100
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According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the 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.
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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 (AD) 2017-06-07, Amendment 39-18831
(82 FR 17107, April 10, 2017); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2023-0428; Project Identifier MCAI-2022-
01250-T.
[[Page 14306]]
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 24, 2023.
(b) Affected ADs
This AD replaces AD 2017-06-07, Amendment 39-18831 (82 FR 17107,
April 10, 2017) (AD 2017-06-07).
(c) Applicability
This AD applies to all Airbus SAS Model A330-223F and -243F
airplanes; A330-201, -202, -203, -223, and -243 airplanes; A330-301,
-302, -303, -321, -322, -323, -341, -342, and -343 airplanes; A340-
211, -212, and -213 airplanes; A340-311, -312, and -313 airplanes;
A340-541 airplanes; and A340-642 airplanes; certificated in any
category.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports that nonconforming aluminum
alloy was used to manufacture structural parts on the inboard flap.
The FAA is issuing this AD to detect and correct structural parts of
inboard flaps made of nonconforming aluminum alloy. The unsafe
condition, if not addressed, could result in reduced structural
integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0189, dated September 19, 2022 (EASA AD 2022-0189).
(h) Exceptions to EASA AD 2022-0189
(1) Where EASA AD 2022-0189 refers to May 11, 2016 (the
effective date of EASA AD 2016-0082, dated April 27, 2016), this AD
requires using May 15, 2017 (the effective date of AD 2017-06-07).
(2) Where EASA AD 2022-0189 refers to its effective date, this
AD requires using the effective date of this AD.
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0189.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2022-0189
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) 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 International
Validation Branch, send it to the attention of the person identified
in paragraph (k) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#21180c6077720c6068730c1612110c606c6e62614740400f464e57"><span class="__cf_email__" data-cfemail="477e6a0611146a060e156a7074776a060a08040721262669202831">[email protected]</span></a>.
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD 2017-06-07 are approved as
AMOCs for the corresponding provisions of EASA AD 2022-0189 that are
required by paragraph (g) of this AD.
(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.
(3) Required for Compliance (RC): Except as required by
paragraph (j)(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.
(k) 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#70261c1114191d19025e251c09111e1f06301611115e171f06"><span class="__cf_email__" data-cfemail="52043e33363b3f3b207c073e2b333c3d24123433337c353d24">[email protected]</span></a>.
(l) 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.
(i) European Union Aviation Safety Agency (EASA) AD 2022-0189,
dated September 19, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0189, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#4001043300252133216e2535322f30216e2535"><span class="__cf_email__" data-cfemail="9bdadfe8dbfefae8fab5feeee9f4ebfab5feee">[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#7c1a0e5215120f0c191f081513123c121d0e1d521b130a"><span class="__cf_email__" data-cfemail="472135692e2934372224332e2829072926352669202831">[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 March 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-04654 Filed 3-7-23; 8:45 am]
BILLING CODE 4910-13-P
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