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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2022-0380; Project Identifier MCAI-2021-01178-T]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Notice of proposed rulemaking (NPRM).
 SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A330-200 series airplanes, Model A330-200 Freighter series airplanes, and Model A330-300 series airplanes. This proposed AD was prompted by a determination that certain service information specified in AD 2018-20-19 contained instructions that could be misleading, resulting in a necessary inspection not being accomplished on certain airplanes. This proposed AD would require a rototest for certain modified airplanes for any crack around the right-side upper and lower bulk door support or door latch fitting holes at certain bulk cargo door frames, or repetitive inspections for any crack at certain fittings, and on-condition actions, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.
 DATES: The FAA must receive comments on this proposed AD by May 12, 2022.
 ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: *Federal eRulemaking Portal:*
                         Go to 
                        *https://www.regulations.gov.*
                         Follow the instructions for submitting comments.
                    *Fax:*
                         202-493-2251.
                    *Mail:*
                         U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    *Hand Delivery:*
                         Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For material that will be incorporated by reference (IBR) in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
                        *ADs@easa.europa.eu;*
                         internet 
                        *www.easa.europa.eu.*
                         You may find this material on the EASA website at 
                        *https://ad.easa.europa.eu.* Examining the AD Docket You may examine the AD docket at 
                    *https://www.regulations.gov*
                     by searching for and locating Docket No. FAA-2022-0380; 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 NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above.
 FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; email 
                        *vladimir.ulyanov@faa.gov.*


SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under 
                    **ADDRESSES**
                    . Include “Docket No. FAA-2022-0380; Project Identifier MCAI-2021-01178-T” at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to 
                    *https://www.regulations.gov,*
                     including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; email 
                    *vladimir.ulyanov@faa.gov.*
                     Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2021-0233, dated October 27, 2021 (EASA AD 2021-0233) (also referred to as the MCAI), to correct an unsafe condition for certain Airbus SAS Model A330-200 series airplanes, Model A330-200 Freighter series airplanes, and Model A330-300 series airplanes. This proposed AD was prompted by a determination that tartaric sulfuric anodizing (TSA)/chromic acid anodizing (CAA) surface treatment in the door fitting attachment holes leads to a detrimental effect on fatigue behavior; and that certain service information specified in AD 2018-20-19, Amendment 39-19453 (83 FR 52126, October 16, 2018) (AD 2018-20-19) contains instructions that could be misleading, resulting in a necessary inspection not being accomplished on certain airplanes. The potentially 
                    ( print page 17199)
                    misleading instructions are for an optional action, and apply only to model A330-200, A330-200 Freighter, and A330-300 airplanes, therefore this AD does not propose to supersede AD 2018-20-19. The FAA is proposing this AD to address possible fatigue cracks in the bulk cargo door frames, caused by TSA/CAA surface treatment in frame (FR) 67 and FR 69 bulk cargo door frame attachment holes. Cracks in the bulk cargo door frames can cause the in-flight loss of a bulk cargo door, damage to the airplane, and subsequent reduced control of the airplane. See the MCAI for additional background information. AD 2018-20-19 superseded AD 2017-16-07, Amendment 39-18984 (82 FR 41874, September 5, 2017) (AD 2017-16-07), and applies to certain Airbus SAS Model A330-200 series airplanes, Model A330-200 Freighter series airplanes, Model A330-300 series airplanes, Model A340-200 series airplanes, and Model A340-300 series airplanes. AD 2018-20-19 was prompted by a determination that only airplanes having manufacturer serial numbers (MSNs) 0400 through 1779 inclusive are affected by TSA/CAA surface treatment in the door fitting attachment holes, and that airplanes having MSNs 0001 through 0399 inclusive were excluded from AD 2017-16-07. AD 2018-20-19 requires new inspections of certain attachment holes for residual surface treatment and cracking, and corrective action if necessary; and provides an optional terminating action for the inspections. Since AD 2018-20-09 was issued, it was determined that the service bulletin used for the optional modification on certain airplanes, Airbus Service Bulletin A330-53-3275, dated September 8, 2017, contained instructions that could be misleading. As a result, the special detailed inspection (rototest inspection) that was intended to be accomplished prior to accomplishing the optional modification may not have been accomplished on all airplanes. This proposed AD would therefore require a rototest for any crack around the holes at the holes of the upper and lower door support fittings of FR67 and FR69 on the right hand side and the holes at door latch fittings of FR69 on the right hand side, or repetitive detailed inspections for cracks of the frame around the fittings, or high frequency eddy current (HFEC) and ultrasonic inspections of the upper door supper fitting holes and rototests of the lower door fitting holes of the door latch fittings at FR69, and on-condition actions. These proposed actions would be required for Airbus SAS Model A330-200 series airplanes, Model A330-200 Freighter series airplanes, and Model A330-300 series airplanes, MSN 1 through 1779 inclusive, on which Airbus Service Bulletin A330-53-3275 was embodied, except those airplanes on which during the embodiment of that service bulletin the rototest inspection was accomplished with no defect detected or any defects corrected, as applicable, as specified in Airbus Service Bulletin A330-53-3275. Related Service Information Under 1 CFR Part 51 EASA AD 2021-0233 specifies procedures for a rototest for any crack around the holes at the upper and lower door support fittings of frame (FR)67 and FR69 right hand side and the holes at door latch fitting of FR69 right hand side; or repetitive detailed inspections of the frame around the fittings, or HFEC and ultrasonic inspections of the upper door supper fitting holes and rototests of the lower door fitting holes of the door latch fittings at FR69 for any crack; and on-condition actions. On-condition actions include installing new (never installed on an airplane) bushes to the latch fittings of FR69 and repair, and a rototest of the support fittings and the frame holes at FR67. 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. FAA's Determination 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 the State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop in other products of these same type designs. Proposed AD Requirements in this NPRM This proposed AD would require accomplishing the actions specified in EASA AD 2021-0233 described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD. Explanation of Required Compliance Information In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to incorporate EASA AD 2021-0233 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2021-0233 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Using common terms that are the same as the heading of a particular section in EASA AD 2021-0233 does not mean that operators need comply only with that section. For example, where the AD requirement refers to “all required actions and compliance times,” compliance with this AD requirement is not limited to the section titled “Required Action(s) and Compliance Time(s)” in EASA AD 2021-0233. Service information required by EASA AD 2021-0233 for compliance will be available at 
                    *https://www.regulations.gov*
                     by searching for and locating Docket No. FAA-2022-0380 after the FAA final rule is published. Costs of Compliance The FAA estimates that this proposed AD would affect 109 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: Estimated Costs for Required Actions
Labor cost
Parts cost
Cost per product
Cost on U.S.
                             operatorsUp to 15 work-hours × $85 per hour = $1,275
$0
Up to $1,275
Up to $138,975.
 
 
 The FAA estimates the following costs to do any necessary on-condition action that would be required based on the results of any required or optional actions. The FAA has no way of determining the number of aircraft that might need this on-condition action: Estimated Costs of On-Condition Actions
Labor cost
Parts cost
Cost per
                             product3 work-hours × $85 per hour = $255
$1,915
$2,340
 The FAA has received no definitive data on which to base the cost estimates for the repairs specified in this proposed 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. Regulatory Findings The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 this proposed regulation: (1) Is not a “significant regulatory action” under Executive Order 12866, (2) Would not affect intrastate aviation in Alaska, and (3) Would 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 Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES
 1.The authority citation for part 39 continues to read as follows: Authority:
                    49 U.S.C. 106(g), 40113, 44701. § 39.13
 2.The FAA amends § 39.13 by adding the following new airworthiness directive: **Airbus SAS:**
                         Docket No. FAA-2022-0380; Project Identifier MCAI-2021-01178-T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by May 12, 2022. (b) Affected ADs None. (c) Applicability This AD applies to the Airbus SAS airplanes identified in paragraphs (c)(1) through (3) of this AD, certificated in any category, as identified in European Union Aviation Safety Agency (EASA) AD 2021-0233, dated October 27, 2021 (EASA AD 2021-0233). (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. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by a determination that tartaric sulfuric anodizing (TSA)/chromic acid anodizing (CAA) surface treatment in the door fitting attachment holes leads to a detrimental effect on fatigue behavior; and that certain service information specified in AD 2018-20-19 contains instructions that could be misleading, resulting in a necessary inspection not being accomplished on certain airplanes. The FAA is issuing this AD to address possible fatigue cracks in the bulk cargo door frames, caused by TSA/CAA surface treatment in frame (FR) 67 and FR 69 cargo door frame attachment holes. Cracks in the bulk cargo door frames can cause the in-flight loss of a bulk cargo door, damage to the airplane, and subsequent reduced control 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, EASA AD 2021-0233. (h) Exceptions to EASA AD 2021-0233 (1) Where EASA AD 2021-0233 refers to its effective date, this AD requires using the effective date of this AD. (2) The “Remarks” section of EASA AD 2021-0233 does not apply to this AD. (3) Where paragraph (4) of EASA AD 2021-0233 specifies to “accomplish those instructions accordingly” if discrepancies are detected, for this AD a discrepancy is any crack, and if any cracking is detected, the cracking must be repaired before further flight using a method approved by the Manager, Large Aircraft Section, 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. (4) Where paragraph (4) of EASA AD 2021-0233 specifies to “contact Airbus for approved repair instructions,” for this AD use “accomplish corrective actions in accordance with the instructions of the SB and contact the Manager, Large Aircraft Section, International Validation Branch, FAA; or EASA; or Airbus SAS's EASA DOA for approved repair instructions. If approved by the DOA, the approval must include the DOA-authorized signature” (5) Although the service information referenced in EASA AD 2021-0233 specifies to do a check of the aircraft records for accomplishment of certain service information, and specifies that action as “RC,” (required for compliance), this AD does not include that requirement. (6) Where the Applicability section of EASA AD 2021-0233 refers to “defects,” for this AD “defects” are cracks. (i) No Reporting Requirement Although the service information referenced in EASA AD 2021-0233 specifies to submit certain information to the manufacturer, this AD does not include that requirement.
                        ( print page 17201) (j) Additional AD Provisions The following provisions also apply to this AD: (1) 
                        *Alternative Methods of Compliance (AMOCs):*
                         The Manager, Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it to the attention of the person identified in paragraph (k)(2) of this AD. Information may be emailed to: 
                        *9-AVS-AIR-730-AMOC@faa.gov.*
                         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, Large Aircraft Section, 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 paragraphs (h)(3) and (4), (i), and (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) Related Information (1) For EASA AD 2021-0233, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
                        *ADs@easa.europa.eu;*
                         Internet 
                        *www.easa.europa.eu.*
                         You may find this EASA AD on the EASA website at 
                        *https://ad.easa.europa.eu.*
                         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. This material may be found in the AD docket at 
                        *https://www.regulations.gov*
                         by searching for and locating Docket No. FAA-2022-0380. (2) For more information about this AD, contact Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; email 
                        *vladimir.ulyanov@faa.gov.* Issued on March 22, 2022. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service.


[FR Doc. 2022-06392 Filed 3-25-22; 8:45 am] BILLING CODE 4910-13-P