[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69023-69025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22144]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1499; Project Identifier MCAI-2023-00458-T; 
Amendment 39-22565; AD 2023-20-06]
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 adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A330-202, A330-203, A330-223, A330-243, and 
A330-841 airplanes. This AD was prompted by a determination that the 
cold working process was partially completed on a certain 
circumferential joint. This AD requires modification of the 
circumferential joint, as specified in a European Union Aviation Safety 
Agency (EASA) AD, which is incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective November 9, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 9, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1499; 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#0445407744616577652a6171766b74652a6171"><span class="__cf_email__" data-cfemail="d79693a497b2b6a4b6f9b2a2a5b8a7b6f9b2a2">[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 
regulations.gov under Docket No. FAA-2023-1499.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone 206-231-3667; email <a href="/cdn-cgi/l/email-protection#f6a29f9b99829e8fd8a6d8b299819a9f9891b6909797d8919980"><span class="__cf_email__" data-cfemail="2175484c4e5549580f710f654e564d484f46614740400f464e57">[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 certain Airbus SAS 
Model A330-202, A330-203, A330-223, A330-243, and A330-841 airplanes. 
The NPRM published in the Federal Register on July 20, 2023 (88 FR 
46697). The NPRM was prompted by AD 2023-0054, dated March 14, 2023, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2023-0054) (also referred to as the MCAI). 
The MCAI states that the cold working process was partially completed 
on the circumferential joint at frame 58.
    In the NPRM, the FAA proposed to require modification of the 
circumferential joint, as specified in EASA AD 2023-0054. The NPRM also 
proposed to require contacting the Manager, International Validation 
Branch, FAA; or EASA; or Airbus SAS's EASA Design Organization Approval 
for instructions if any discrepancy is found during accomplishment of 
any inspection that is part of the modification. The FAA is issuing 
this AD to address a partially completed cold working process on the 
circumferential joint at frame 58, which could affect the structural 
integrity of the airplane and result in catastrophic failure.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1499.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change, and an 
individual whose comments are unrelated to the unsafe condition 
identified in the NPRM.

Conclusion

    These products have been approved by the aviation authority of 
another country and are 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 these products. 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.

[[Page 69024]]

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0054 specifies procedures for modifying the 
circumferential joint at frame 58. Modification includes accomplishing 
rotating probe inspections of the fastener holes for cracks, cold 
working the fastener holes, and measuring the maximum hole diameter. 
EASA AD 2023-0054 also specifies contacting the manufacturer for 
instructions if any discrepancy (i.e., any crack or any existing hole 
diameter that is more than or equal to the minimum starting hole 
diameter) is found during any inspection.
    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 one airplane of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per  product        Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 86 work-hours x $85 per hour =               $500   Up to $7,810..............  Up to $7,810.
 $7,310.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimate for the on-condition actions specified in this AD.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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 adding the following new airworthiness 
directive:

2023-20-06 Airbus SAS: Amendment 39-22565; Docket No. FAA-2023-1499; 
Project Identifier MCAI-2023-00458-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 9, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A330-202, A330-203, A330-
223, A330-243, and A330-841 airplanes, certificated in any category, 
manufacturer serial numbers 1780, 1782, 1784, 1785, 1805, 1823, 
1835, 1845, 1847, 1854, 1859, 1864, 1872, 1877, 1878, 1882, 1888, 
1932, 1936, 1964, and 1969.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a determination that the cold working 
process was partially performed on the circumferential joint at 
frame 58. The FAA is issuing this AD to address a partially 
completed cold working process on the circumferential joint at frame 
58. The unsafe condition, if not addressed, could affect the 
structural integrity of the airplane and result in catastrophic 
failure.

(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 
2023-0054, dated March 14, 2023 (EASA AD 2023-0054).

(h) Exceptions to EASA AD 2023-0054

    (1) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0054.
    (2) Where paragraph (2) of EASA AD 2023-0054 specifies 
contacting Airbus before further flight for approved instructions if 
any discrepancy is detected during accomplishment of any inspection 
that is part of the modification, this AD requires repairing the 
discrepancy before further flight 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) Where paragraph (3) of EASA AD 2023-0054 refers to its 
effective date, this AD requires using the effective date of this 
AD.
    (4) Where Note 2 of EASA AD 2023-0054 specifies Airbus Operators 
Information Telex (OIT) 999.0086/11 can be used to determine whether 
an airplane is operated short range (SR) or long range (LR), this AD 
requires using the following definitions: the term ``short range'' 
applies to an airplane with an average flight time lower than 1.5 
flight hours per flight cycle, and the term ``long range'' applies 
to an airplane with an average flight time equal to or higher than 
1.5 flight hours per flight cycle. For determining the SR and LR 
airplanes, the average flight time is the

[[Page 69025]]

total accumulated flight hours, counted from takeoff to touchdown, 
divided by the total accumulated flight cycles at the effective date 
of this AD.

(i) 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 (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#d6effb978085fb979f84fbe1e5e6fb979b999596b0b7b7f8b1b9a0"><span class="__cf_email__" data-cfemail="8bb2a6caddd8a6cac2d9a6bcb8bba6cac6c4c8cbedeaeaa5ece4fd">[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, International 
Validation Branch, FAA; or EASA; or Airbus SAS's EASA DOA. If 
approved by the DOA, the approval must include the DOA-authorized 
signature.
    (3) Required for Compliance (RC): Except as required by 
paragraphs (h)(2) and (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 Timothy Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone 206-231-3667; email 
<a href="/cdn-cgi/l/email-protection#adf9c4c0c2d9c5d483fd83e9c2dac1c4c3caedcbcccc83cac2db"><span class="__cf_email__" data-cfemail="02566b6f6d766a7b2c522c466d756e6b6c65426463632c656d74">[email protected]</span></a>.

(k) 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 2023-0054, 
dated March 14, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0054, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#0a4b4e794a6f6b796b246f7f78657a6b246f7f"><span class="__cf_email__" data-cfemail="17565364577276647639726265786776397262">[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#573125793e3924273234233e3839173936253679303821"><span class="__cf_email__" data-cfemail="7513075b1c1b06051016011c1a1b351b1407145b121a03">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 28, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22144 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-13-P


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