[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Rules and Regulations]
[Pages 86036-86039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27115]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1723; Project Identifier MCAI-2023-00457-T; 
Amendment 39-22605; AD 2023-23-03]
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 all 
Airbus SAS Model A330-200 Freighter series airplanes. This AD was 
prompted by a widespread fatigue damage (WFD) evaluation on Airbus SAS 
Model A330-200 Freighter series airplanes, which found that the 
circumferential joint at Frame 58 (near the rear fuselage) is 
susceptible to WFD. This AD requires a modification to reinforce the 
circumferential joints at Frame 58 and, if necessary, corrective 
action, 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 January 16, 2024.

[[Page 86037]]

    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 16, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1723; 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#bcfdf8cffcd9ddcfdd92d9c9ced3ccdd92d9c9"><span class="__cf_email__" data-cfemail="bbfaffc8fbdedac8da95decec9d4cbda95dece">[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-2023-1723.

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#dda9b4b0b2a9b5a4f3adf3b9b2aab1b4b3ba9dbbbcbcf3bab2ab"><span class="__cf_email__" data-cfemail="f3879a9e9c879b8add83dd979c849f9a9d94b3959292dd949c85">[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 all Airbus SAS Model 
A330-223F and -243F airplanes. The NPRM published in the Federal 
Register on August 31, 2023 (88 FR 60157). The NPRM was prompted by AD 
2023-0053, dated March 14, 2023, issued by EASA, which is the Technical 
Agent for the Member States of the European Union (EASA AD 2023-0053) 
(also referred to as the MCAI). The MCAI states that within the scope 
of WFD evaluations on Model A330-200 Freighter series airplanes, it was 
determined that the circumferential joint at Frame 58 (near the rear 
fuselage) is susceptible to WFD. WFD, if not corrected, may lead to 
crack initiation and undetected propagation, which could affect the 
structural integrity of the airplane.
    In the NPRM, the FAA proposed to require a modification to 
reinforce the circumferential joints at Frame 58 and, if necessary, 
corrective action, as specified in EASA AD 2023-0053. The FAA is 
issuing this AD to address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1723.

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 Change to This AD

    The FAA revised paragraph (h)(3) of this AD to clarify that if any 
discrepancy other than cracking is found, operators must obtain 
instructions and accomplish those instructions accordingly. If cracking 
is found, operators must obtain instructions and repair the cracking 
before further flight. In the NPRM, the FAA inadvertently specified 
only cracking as a discrepancy; however, incorrect hole diameters are 
also a possible discrepancy.

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 2023-0053 specifies procedures for a modification 
(including rotating probe inspections for discrepancies and measurement 
of the maximum hole diameter at any point in the fastener hole bores on 
the circumferential joints) to reinforce the circumferential joints at 
Frame 58 and, if any discrepancies (cracking or measurements that are 
outside the acceptable hole diameters) are found, corrective action 
(contacting the manufacturer for instructions and accomplishing those 
instructions). 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.

Explanation of Compliance Time

    The compliance time for the replacement specified in this AD for 
addressing WFD was established to ensure that certain structure is 
replaced before WFD develops in airplanes. Standard inspection 
techniques cannot be relied on to detect WFD before it becomes a hazard 
to flight. The FAA will not grant any extensions of the compliance time 
to complete any AD-mandated service bulletin related to WFD without 
extensive new data that would substantiate and clearly warrant such an 
extension.

Costs of Compliance

    The FAA estimates that this AD will affect 6 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.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
368 work-hours x $85 per hour = $31,280......................          $7,700          $38,980         $233,880
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this AD.

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

[[Page 86038]]

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:

2023-23-03 Airbus SAS: Amendment 39-22605; Docket No. FAA-2023-1723; 
Project Identifier CAI-2023-00457-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 16, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A330-223F and -243F 
airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a widespread fatigue damage (WFD) 
evaluation on Model A330-200 Freighter series airplanes, which found 
that the circumferential joint at Frame 58 (near the rear fuselage) 
is susceptible to WFD. The FAA is issuing this AD to address WFD in 
the affected area. The unsafe condition, if not corrected, may lead 
to crack initiation and undetected propagation, which could affect 
the 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 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 
2023-0053, dated March 14, 2023 (EASA AD 2023-0053).

(h) Exceptions to EASA AD 2023-0053

    (1) Where EASA AD 2023-0053 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0053.
    (3) Where paragraph (2) of EASA AD 2023-0053 specifies ``if, 
during the accomplishment of any inspection, which is part of the 
modification as required by paragraph (1) of this AD, any 
discrepancy, as identified in the SB, is detected, before next 
flight, contact Airbus for approved instructions and accomplish 
those instructions accordingly,'' this AD requires replacing those 
words with ``if, during the accomplishment of any inspection, which 
is part of the modification as required by paragraph (1) of this AD, 
any discrepancy other than cracking is detected, before next flight, 
contact the Manager, International Validation Branch, FAA; or EASA; 
or Airbus SAS's EASA Design Organization Approval (DOA) for approved 
instructions and accomplish those instructions accordingly; and if 
any cracking is detected, the cracking must be repaired before 
further flight 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.''

(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#f8c1d5b9aeabd5b9b1aad5cfcbc8d5b9b5b7bbb89e9999d69f978e"><span class="__cf_email__" data-cfemail="80b9adc1d6d3adc1c9d2adb7b3b0adc1cdcfc3c0e6e1e1aee7eff6">[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 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 (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 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#b8ccd1d5d7ccd0c196c896dcd7cfd4d1d6dff8ded9d996dfd7ce"><span class="__cf_email__" data-cfemail="6c18050103180415421c4208031b0005020b2c0a0d0d420b031a">[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 2023-0053, 
dated March 14, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0053, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#6223261122070311034c0717100d12034c0717"><span class="__cf_email__" data-cfemail="5f1e1b2c1f3a3e2c3e713a2a2d302f3e713a2a">[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 at the National Archives and 
Records Administration (NARA). For information on

[[Page 86039]]

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#1b7d69357275686b7e786f7274755b757a697a357c746d"><span class="__cf_email__" data-cfemail="583e2a7631362b283d3b2c3137361836392a39763f372e">[email protected]</span></a>.

    Issued on November 9, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-27115 Filed 12-11-23; 8:45 am]
BILLING CODE 4910-13-P


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