[Federal Register Volume 89, Number 15 (Tuesday, January 23, 2024)]
[Rules and Regulations]
[Pages 4176-4179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01169]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1498; Project Identifier MCAI-2023-00459-T; 
Amendment 39-22643; AD 2023-25-16]
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 A330-200, A330-200 Freighter, A330-300, A330-
800, and A330-900 series airplanes. This AD was prompted by a 
determination that part of a certain production ground test procedure 
used to confirm inner fuel tank integrity was not accomplished properly 
on certain airplanes. This AD requires a fuel tank leak test and, 
depending on findings, accomplishment of applicable 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 February 27, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 27, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1498; 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 EASA 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#ecada89fac898d9f8dc289999e839c8dc28999"><span class="__cf_email__" data-cfemail="7b3a3f083b1e1a081a551e0e09140b1a551e0e">[email protected]</span></a>; website easa.europa.eu. You 
may find this material on the EASA website at ad.easa.europa.eu.
    <bullet> For Airbus SAS service information identified in this AD, 
contact Airbus

[[Page 4177]]

SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 
80; email <a href="/cdn-cgi/l/email-protection#32535b40455d40465a5b5c5741411c730101021f73010602720e53125a4057540f" http: airbus.com">airbus.com</a>">airworthiness.A330-A340@airbus.com</a>; website airbus.com.
    <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-2023-1498.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 206-231-3229; email: <a href="/cdn-cgi/l/email-protection#590f35383d3034302b770c35203837362f193f3838773e362f"><span class="__cf_email__" data-cfemail="54023835303d393d267a01382d353a3b22143235357a333b22">[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 A330-200, A330-200 Freighter, A330-300, A330-800, and A330-900 
series airplanes. The NPRM published in the Federal Register on July 
20, 2023 (88 FR 46699). The NPRM was prompted by AD 2023-0052, dated 
March 14, 2023, issued by EASA, which is the Technical Agent for the 
Member States of the European Union (EASA AD 2023-0052) (also referred 
to as the MCAI). The MCAI states that a determination has been made 
that the differential pressure test across Rib 3, part of the 
production ground test procedure used to confirm inner fuel tank 
integrity, was not properly accomplished on airplanes delivered before 
July 2021.
    In the NPRM, the FAA proposed to require a fuel tank leak test and, 
depending on findings, accomplishment of applicable corrective action, 
as specified in EASA AD 2023-0052. The FAA is issuing this AD to 
address lack of inner fuel tank integrity that, in the case of an 
uncontained engine rotor failure and subsequent fuel tank puncture, 
could lead to insufficient fuel available to ensure continued safe 
flight and landing.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1498.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association, 
International, who supported the NPRM without change.
    The FAA received an additional comment from Delta Air Lines (DAL). 
The following presents the comment received on the NPRM and the FAA's 
response.

Request To Correct Service Bulletin Errors

    DAL requested that two discrepancies in the service information be 
corrected. DAL noted that the reference to ``R(L) INNER TK'' should be 
changed to ``L(R) INNER TK,'' and there is a discrepancy in the range 
of possible capacitance values for inner tank probe 6. DAL asserted 
that these errors make it impossible for the required actions to be 
accomplished.
    The FAA agrees. Paragraph (h)(4) has been added to this AD to 
change the reference to ``L(R) INNER TK.'' Paragraph (h)(5) has been 
added to this AD to remove the requirement to measure the capacitance 
values for inner tank probe 6 FIN 24QT1 (FIN 24QT2). Airbus has advised 
that these errors will be corrected in a future revision.

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 
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 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 2023-0052 specifies procedures for performing a leak test 
of the inner fuel tanks for discrepancies (i.e., leaks; a leak test is 
failed if, during a secondary recording of capacitance values, the aft 
inner tank probe FIN 25QT1(FIN 25QT2) and FIN 123QT1(FIN 123QT2) values 
reduce by 2pF when compared with those in the initial recording) and, 
depending on findings, accomplishing applicable corrective action. 
Corrective actions include performing the applicable fault isolation 
and rectification.
    Airbus Service Bulletin A330-28-3141, dated December 16, 2022, 
specifies serial numbers of affected airplanes.
    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 128 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
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340..............................           $0             $340          $43,520
----------------------------------------------------------------------------------------------------------------

    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 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.

[[Page 4178]]

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:

2023-25-16 Airbus SAS: Amendment 39-22643; Docket No. FAA-2023-1498; 
Project Identifier MCAI-2023-00459-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 27, 
2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS airplanes, certificated in any 
category, specified in paragraphs (c)(1) through (5) of this AD, and 
with serial numbers identified in Airbus Service Bulletin A330-28-
3141, dated December 16, 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 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by a determination that the differential 
pressure test across Rib 3, part of the production ground test 
procedure used to confirm inner fuel tank integrity, had not been 
properly accomplished on airplanes delivered before July 2021. The 
FAA is issuing this AD to address lack of inner fuel tank integrity 
that, in the case of an uncontained engine rotor failure and 
subsequent fuel tank puncture, could lead to insufficient fuel 
available to ensure continued safe flight and landing.

(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 
2023-0052, dated March 14, 2023 (EASA AD 2023-0052).

(h) Exceptions to EASA AD 2023-0052

    (1) Where EASA AD 2023-0052 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 
2023-0052.
    (3) Where the service information referenced in EASA AD 2023-
0052 specifies repeating a step and recording certain values, 
replace the text ``Do step 1 b again and record the capacitance 
values and then every 10 minutes for 60 min,'' with ``Repeat step 1 
b and record the capacitance values every 10 minutes for 60 
minutes.''
    (4) Where the service information referenced in EASA AD 2023-
0052 specifies ``Set the R(L) INNER TK (FIN 6QU1)(FIN 6QU2) switch 
to OPEN,'' this AD requires replacing that text with ``Set the L(R) 
INNER TK (FIN 6QU1)(FIN 6QU2) switch to OPEN.''
    (5) Where the service information referenced in EASA AD 2023-
0052 specifies measuring certain capacitance values, this AD does 
not require measuring the capacitance values for inner tank probe 6 
FIN 24QT1 (FIN 24QT2).

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-0052 
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#b38a9ef2e5e09ef2fae19e8480839ef2fefcf0f3d5d2d29dd4dcc5"><span class="__cf_email__" data-cfemail="0e37234f585d234f475c23393d3e234f43414d4e686f6f20696178">[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 (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, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 206-231-3229; email: 
<a href="/cdn-cgi/l/email-protection#54023835303d393d267a01382d353a3b22143235357a333b22"><span class="__cf_email__" data-cfemail="82d4eee3e6ebefebf0acd7eefbe3ecedf4c2e4e3e3ace5edf4">[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) Airbus Service Bulletin A330-28-3141, dated December 16, 
2022.
    (ii) European Union Aviation Safety Agency (EASA) AD 2023-0052, 
dated March 14, 2023.
    (3) For EASA AD 2023-0052, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#befffacdfedbdfcddf90dbcbccd1cedf90dbcb"><span class="__cf_email__" data-cfemail="76373205361317051758130304190617581303">[email protected]</span></a>; website easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (4) For Airbus service information identified in this AD, 
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile 
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 
36 96; fax +33 5 61 93 45 80; email <a href="/cdn-cgi/l/email-protection#6908001b1e061b1d0100070c1a1a47285a5a5944285a5d5929550849011b0c0f54" http: airbus.com">airbus.com</a>">airworthiness.A330-A340@airbus.com</a>; website airbus.com.
    (5) 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.
    (6) You may view this service information at the National 
Archives and Records

[[Page 4179]]

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#c0a6b2eea9aeb3b0a5a3b4a9afae80aea1b2a1eea7afb6"><span class="__cf_email__" data-cfemail="d0b6a2feb9bea3a0b5b3a4b9bfbe90beb1a2b1feb7bfa6">[email protected]</span></a>.

    Issued on December 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-01169 Filed 1-22-24; 8:45 am]
BILLING CODE 4910-13-P


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