Rule2023-11930
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
June 6, 2023
Effective
July 11, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2017-06- 07, which applied 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 required 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. This AD was prompted by a determination 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 AD continues to require the actions in AD 2017-06-07, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also reduces the allowance for 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 108 (Tuesday, June 6, 2023)</title>
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[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36933-36935]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11930]
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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;
Amendment 39-22442; AD 2023-10-06]
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 superseding Airworthiness Directive (AD) 2017-06-
07, which applied 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 required 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. This AD was prompted by a
determination 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 AD continues to require the
actions in AD 2017-06-07, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. This AD
also reduces the allowance for 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 July 11, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 11,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket 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 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#3273764172575341531c5747405d42531c5747"><span class="__cf_email__" data-cfemail="3372774073565240521d5646415c43521d5646">[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-2023-0428.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aviation Safety
Engineer, FAA, International Validation Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone 206-231-3229; email
<a href="/cdn-cgi/l/email-protection#1a4c767b7e73777368344f76637b74756c5a7c7b7b347d756c"><span class="__cf_email__" data-cfemail="b3e5dfd2d7dadedac19de6dfcad2dddcc5f3d5d2d29dd4dcc5">[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 2017-06-07, Amendment 39-18831 (82 FR
17107, April 10, 2017) (AD 2017-06-07). AD 2017-06-07 applied 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.
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. AD 2017-06-07 required 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.
The NPRM published in the Federal Register on March 8, 2023 (88 FR
14303). The NPRM was prompted by AD 2022-0189, dated September 19,
2022, issued by EASA (EASA AD 2022-0189) (also referred to as the
MCAI), which superseded EASA AD 2016-0231. The MCAI states that since
EASA AD 2016-0231 was issued, it was determined that, even if affected
[[Page 36934]]
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.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-0428.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2017-06-07, as specified in EASA AD 2022-0189. The NPRM also
proposed to reduce the allowance for the installation of affected parts
under certain conditions. The FAA is issuing this AD to address the
unsafe condition on these products.
Discussion of Final Airworthiness Directive
Comments
The FAA received one comment from 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 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.
Costs of Compliance
The FAA estimates that this AD affects 36 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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 2017-06-07. 10 work-hours x $85 per $0 $850 $30,600
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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Labor cost Parts cost Cost per product
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60 work-hours x $85 per hour = $1,345,000 $1,350,100
$5,100...........................
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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. 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
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:
[[Page 36935]]
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:
2023-10-06 Airbus SAS: Amendment 39-22442; Docket No. FAA-2023-0428;
Project Identifier MCAI-2022-01250-T.
(a) Effective Date
This airworthiness directive (AD) is effective July 11, 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#794054382f2a5438302b544e4a49543834363a391f1818571e160f"><span class="__cf_email__" data-cfemail="f0c9ddb1a6a3ddb1b9a2ddc7c3c0ddb1bdbfb3b0969191de979f86">[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,
Aviation Safety Engineer, FAA, International Validation Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-
3229; email <a href="/cdn-cgi/l/email-protection#b2e4ded3d6dbdfdbc09ce7decbd3dcddc4f2d4d3d39cd5ddc4"><span class="__cf_email__" data-cfemail="4b1d272a2f22262239651e27322a25243d0b2d2a2a652c243d">[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#0445407744616577652a6171766b74652a6171"><span class="__cf_email__" data-cfemail="57161324173236243679322225382736793222">[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#6305114d0a0d10130600170a0c0d230d0211024d040c15"><span class="__cf_email__" data-cfemail="5234207c3b3c21223731263b3d3c123c3320337c353d24">[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 May 22, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-11930 Filed 6-5-23; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on June 6, 2023.
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