[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 [www.gpo.gov]
[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 regulations.gov 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 
regulations.gov 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 regulations.gov 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 www.archives.gov/federal-register/cfr/ibr-locations 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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