Rule2023-24406
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 6, 2023
Effective
December 11, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2022-18- 14, which applied to certain Airbus SAS Model A330-200 series, A330-200 Freighter series, A330-300 series, A330-800 series, and A330-900 series airplanes. AD 2022-18-14 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD continues to require the actions in AD 2022-18- 14, and also requires revising the existing maintenance or inspection program, as applicable to incorporate additional new or more restrictive airworthiness limitations; as specified in two European Union Aviation Safety Agency (EASA) ADs, which are incorporated by reference. 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 213 (Monday, November 6, 2023)</title>
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[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76107-76110]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24406]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1642; Project Identifier MCAI-2023-00183-T;
Amendment 39-22574; AD 2023-21-02]
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) 2022-18-
14, which applied to certain Airbus SAS Model A330-200 series, A330-200
Freighter series, A330-300 series, A330-800 series, and A330-900 series
airplanes. AD 2022-18-14 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. This AD was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. This AD continues to require the actions in AD 2022-18-
14, and also requires revising the existing maintenance or inspection
program, as applicable to incorporate additional new or more
restrictive airworthiness limitations; as specified in two European
Union Aviation Safety Agency (EASA) ADs, which are incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective December 11, 2023.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 11,
2023.
The Director of the Federal Register approved the incorporation by
reference of certain other publication listed in this AD as of October
20, 2022 (87 FR 56566, September 15, 2022).
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1642; 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#1b5a5f685b7e7a687a357e6e69746b7a357e6e"><span class="__cf_email__" data-cfemail="2d6c695e6d484c5e4c0348585f425d4c034858">[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-2023-1642.
FOR FURTHER INFORMATION CONTACT: Tim Dowling, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3667; email <a href="/cdn-cgi/l/email-protection#80f4e9edeff4e8f9aef0aee4eff7ece9eee7c0e6e1e1aee7eff6"><span class="__cf_email__" data-cfemail="a8dcc1c5c7dcc0d186d886ccc7dfc4c1c6cfe8cec9c986cfc7de">[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 2022-18-14, Amendment 39-22165 (87 FR
56566, September 15, 2022) (AD 2022-18-14). AD 2022-18-14 applied to
certain Airbus SAS Model A330-201, -202, -203, -223, and -243
airplanes; Model A330-223F and -243F airplanes; Model A330-301, -302, -
303, -321, -322, -323, -341, -342, and -343 airplanes; Model A330-841
airplanes; and Model A330-941 airplanes. AD 2022-18-14 required
revising the existing maintenance or inspection program, as applicable,
to incorporate additional new or more restrictive airworthiness
limitations. The FAA issued AD 2022-18-14 to address fatigue cracking,
accidental damage, and corrosion in principal structural elements; such
fatigue cracking, accidental damage, and corrosion could result in
reduced structural integrity of the airplane.
The NPRM published in the Federal Register on July 28, 2023 (88 FR
48760). The NPRM was prompted by AD 2022-0187, dated September 13,
2022, issued by EASA, which is the Technical Agent for the Member
States of the European Union (EASA AD 2022-0187). EASA AD 2022-0187
states that new or more restrictive airworthiness limitations have been
developed.
The NPRM was also prompted by EASA AD 2023-0015, dated January 19,
2023 (EASA AD 2023-0015). EASA AD 2023-0015 states that new or more
restrictive airworthiness limitations have been developed. EASA AD
2023-0015 also states that it requires certain tasks also required by
EASA AD 2022-0187, and invalidates (terminates) the tasks that are also
required by EASA AD 2022-0187. Therefore, for this AD, where EASA AD
2023-0015 affects the same airworthiness limitations as those in EASA
AD 2022-0187, the airworthiness limitations referenced in EASA AD 2023-
0015 prevail.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2022-18-14, and to require revising the existing maintenance or
inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations, as specified in EASA ADs
2022-0187 and 2023-0015. The FAA is issuing this AD to
[[Page 76108]]
address fatigue cracking, accidental damage, and corrosion in principal
structural elements; such fatigue cracking, accidental damage, and
corrosion 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-2023-1642.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Additional Changes Made to This AD
The FAA revised paragraph (l) of this AD to specify that no
alternative actions (e.g., inspections) and intervals are allowed
unless they are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0187 or of EASA AD 2023-0015. In
the NPRM, the FAA inadvertently specified that the alternatives actions
and intervals had to be approved as specified in the ``Ref.
Publications'' section of EASA AD 2022-0187 and of EASA AD 2023-0015.
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 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, and any other changes described
previously, 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 2022-0187 and EASA AD 2023-0015 specify new or more
restrictive airworthiness limitations for airplane structures. These
documents are distinct since they apply to different airplane
configurations.
This AD also requires EASA AD 2021-0261, dated November 22, 2021,
which the Director of the Federal Register approved for incorporation
by reference as of October 20, 2022 (87 FR 56566, September 15, 2022).
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 120 airplanes of U.S.
registry. 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 2022-18-14 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 (AD) 2022-18-14, Amendment 39-22165
(87 FR 56566, September 15, 2022); and
0
b. Adding the following new AD:
2023-21-02 Airbus SAS: Amendment 39-22574; Docket No. FAA-2023-1642;
Project Identifier MCAI-2023-00183-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 11,
2023.
(b) Affected ADs
This AD replaces AD 2022-18-14, Amendment 39-22165 (87 FR 56566,
September 15, 2022) (AD 2022-18-14).
(c) Applicability
This AD applies to Airbus SAS airplanes, identified in
paragraphs (c)(1) through (5) of this AD, certificated in any
category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before November 18,
2022.
(1) Model A330-201, -202, -203, -223, and -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.
(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 airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, accidental damage, and
corrosion in principal structural elements. The unsafe
[[Page 76109]]
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) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes
This paragraph restates the requirements of paragraph (i) of AD
2022-18-14, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before November 2, 2021, 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 2021-0261, dated
November 22, 2021 (EASA AD 2021-0261). Accomplishing the revision of
the existing maintenance or inspection program required by paragraph
(j) of this AD terminates the requirements of this paragraph.
(h) Retained Exceptions to EASA AD 2021-0261, With No Changes
This paragraph restates the exceptions specified in paragraph
(j) of AD 2022-18-14, with no changes.
(1) Where EASA AD 2021-0261 refers to its effective date, this
AD requires using October 20, 2022 (the effective date of AD 2022-
18-14).
(2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0261 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2021-0261 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 October 20, 2022 (the effective
date of AD 2022-18-14).
(4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2021-0261 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2021-0261, or within 90 days after October 20, 2022 (the
effective date of AD 2022-18-14), whichever occurs later.
(5) This AD does not require incorporating Section 4, ``Damage
Tolerant-Airworthiness Limitations Items-Tasks Beyond MPPT,'' of
``the ALS'' specified in EASA AD 2021-0261.
(6) The provisions specified in paragraphs (4) and (5) of EASA
AD 2021-0261 do not apply to this AD.
(7) The ``Remarks'' section of EASA AD 2021-0261 does not apply
to this AD.
(i) Retained Restrictions on Alternative Actions and Intervals, With a
New Exception
This paragraph restates the requirements of AD 2022-18-14, with
a new exception. Except as required by paragraph (j) of this AD,
after the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2021-0261.
(j) New Revision of the Existing Maintenance or Inspection Program
Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0187, dated September 13, 2022 (EASA
AD 2022-0187); and EASA AD 2023-0015, dated January 19, 2023 (EASA
AD 2023-0015); as applicable. Where EASA AD 2023-0015 affects the
same airworthiness limitations as those in EASA AD 2022-0187, the
airworthiness limitations referenced in EASA AD 2023-0015 prevail.
(k) New Exceptions to EASA AD 2022-0187 and to EASA AD 2023-0015
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2022-0187 and of EASA AD 2023-
0015.
(2) Paragraph (3) of EASA AD 2022-0187 and of EASA AD 2023-0015
specifies revising ``the AMP'' within 12 months after the respective
EASA AD's 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.
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0187 and of EASA AD 2023-0015 is at
the applicable ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0187 and of EASA AD
2023-0015, or within 90 days after the effective date of this AD,
whichever occurs later.
(4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2022-0187.
(5) Where EASA AD 2022-0187 defines ``The ALS,'' replace the
text ``Airbus A330 Airworthiness Limitations Section (ALS) Part 2
Revision 05,'' with ``Airbus A330 Airworthiness Limitations Section
(ALS) Part 2 Revision 05 Issue 02.''
(6) This AD does not adopt the provisions specified in paragraph
(4) of EASA AD 2023-0015.
(7) This AD does not require incorporating Section 4, ``Damage
Tolerant-Airworthiness Limitations Items-Tasks Beyond MPPT,'' of
``the ALS'' specified in EASA AD 2022-0187 and in EASA AD 2023-0015.
(8) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0187 and of EASA AD 2023-0015.
(l) New Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0187 or of EASA AD 2023-0015.
(m) 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 (n) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#231a0e6275700e626a710e1410130e626e6c60634542420d444c55"><span class="__cf_email__" data-cfemail="380115796e6b1579716a150f0b08157975777b785e5959165f574e">[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) The AMOC specified in letter AIR-676-19-120, dated March 5,
2019, approved previously for AD 2018-24-04, Amendment 39-19508 (83
FR 60756, November 27, 2018), is approved as an AMOC for the
corresponding provisions of EASA AD 2022-0187 and EASA AD 2023-0015
that are required by paragraph (j) of this AD for Model A330-200 and
A330-300 series airplanes modified from a passenger to freighter
configuration under the provisions of FAA Supplemental Type
Certificate ST04038NY.
(iii) The AMOC specified in letter AIR-731A-20-179, dated May
11, 2020, approved previously for AD 2019-23-02, Amendment 39-19795
(84 FR 64725, November 25, 2019), is approved as an AMOC for the
corresponding provisions of EASA AD 2022-0187 and of EASA AD 2023-
0015 that are required by paragraph (j) of this AD for Model A330-
200 and A330-300 series airplanes modified from a passenger to
freighter configuration under the provisions of FAA Supplemental
Type Certificate ST04038NY.
(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.
(n) Additional Information
For more information about this AD, contact Tim Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 206-231-3667; email:
<a href="/cdn-cgi/l/email-protection#097d6064667d61702779276d667e6560676e496f6868276e667f"><span class="__cf_email__" data-cfemail="7004191d1f0418095e005e141f071c191e17301611115e171f06">[email protected]</span></a>.
(o) 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 11, 2023.
(i) European Union Aviation Safety Agency (EASA) AD 2022-0187,
dated September 13, 2022.
(ii) European Union Aviation Safety Agency (EASA) AD 2023-0015,
dated January 19, 2023.
[[Page 76110]]
(4) The following service information was approved for IBR on
October 20, 2022 (87 FR 56566, September 15, 2022).
(i) European Union Aviation Safety Agency (EASA) AD 2021-0261,
dated November 22, 2021.
(ii) [Reserved]
(5) For EASA AD 2021-0261, EASA AD 2022-0187, and EASA AD 2023-
0015, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#5a1b1e291a3f3b293b743f2f28352a3b743f2f"><span class="__cf_email__" data-cfemail="febfba8dbe9b9f8d9fd09b8b8c918e9fd09b8b">[email protected]</span></a>; website
easa.europa.eu. You may find these EASA ADs on the EASA website at
ad.easa.europa.eu.
(6) You may view this service information 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 at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#1375613d7a7d60637670677a7c7d537d7261723d747c65"><span class="__cf_email__" data-cfemail="0462762a6d6a77746167706d6b6a446a6576652a636b72">[email protected]</span></a>.
Issued on October 11, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-24406 Filed 11-3-23; 8:45 am]
BILLING CODE 4910-13-P
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