Airworthiness Directives; Airbus SAS Airplanes, 46697-46699 [2023-15273]
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46697
Proposed Rules
Federal Register
Vol. 88, No. 138
Thursday, July 20, 2023
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1499; Project
Identifier MCAI–2023–00458–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Airbus SAS Model A330–202,
A330–203, A330–223, A330–243, and
A330–841 airplanes. This proposed AD
was prompted by a determination that
the cold working process was partially
completed on a certain circumferential
joint. This proposed AD would require
modification of the circumferential
joint, as specified in a European Union
Aviation Safety Agency (EASA) AD,
which is proposed for incorporation by
reference (IBR). 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 September 5,
2023.
SUMMARY:
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
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.
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ADDRESSES:
VerDate Sep<11>2014
16:16 Jul 19, 2023
Jkt 259001
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 NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For EASA material that is proposed
for IBR in this NPRM, contact EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find
this material on the EASA website at
ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA–
2023–1499.
• 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.
FOR FURTHER INFORMATION CONTACT:
Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone
206–231–3667; email
Timothy.P.Dowling@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–2023–1499; Project Identifier
MCAI–2023–00458–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
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
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Frm 00001
Fmt 4702
Sfmt 4702
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 Timothy Dowling,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; phone 206–231–3667; email
Timothy.P.Dowling@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 2023–0054,
dated March 14, 2023 (EASA AD 2023–
0054) (also referred to as the MCAI), to
correct an unsafe condition for Airbus
SAS Model A330–202, A330–203,
A330–223, A330–243, and A330–841
airplanes, manufacturer serial numbers
(MSNs) 1780, 1782, 1784, 1785, 1787,
1799, 1805, 1808, 1822, 1823, 1830,
1835, 1845, 1847, 1848, 1854, 1857,
1859, 1864, 1872, 1877, 1878, 1882,
1883, 1886, 1888, 1891, 1911, 1916,
1919, 1932, 1936, 1942, 1945, 1960,
1964, 1965, 1968, and 1969. Airbus SAS
Model A330–243 airplanes, MSNs 1787,
1799, 1808, 1822, 1830, 1848, 1857,
1883, 1886, 1891, 1911, 1916, 1919,
1942, 1945, 1960, 1965, and 1968, were
modified to Airbus SAS Model A330–
243 Multi Role Transport Tanker
(MRTT) airplanes. The MRTT airplanes
are not type certificated by the FAA and
not included on the U.S. type certificate
data sheet; this proposed AD therefore
does not include those airplanes in the
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46698
Federal Register / Vol. 88, No. 138 / Thursday, July 20, 2023 / Proposed Rules
applicability. The MCAI states the cold
working process was partially
completed on the circumferential joint
at frame 58. This condition, if not
addressed, could affect the structural
integrity of the airplane and result in
catastrophic failure.
The FAA is proposing 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–2023–1499.
FAA’s Determination
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
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Related Service Information Under 1
CFR Part 51
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2023–0054 described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
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 work of
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 if the
existing hole diameter 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 ADDRESSES.
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 2023–0054 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2023–0054
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 2023–0054 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 2023–0054.
Service information required by EASA
AD 2023–0054 for compliance will be
available at regulations.gov under
Docket No. FAA–2023–1499 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect one
airplane 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
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Up to 86 work-hours × $85 per hour = $7,310 ................................................................
The FAA has received no definitive
data on which to base the cost estimate
for the on-condition actions specified in
this proposed AD.
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or all
of the costs of this proposed AD may be
covered under warranty, thereby
reducing the cost impact on affected
operators.
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.
Authority for This Rulemaking
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,
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
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16:16 Jul 19, 2023
Jkt 259001
Regulatory Findings
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Fmt 4702
Sfmt 4702
$500
Cost per
product
Up to $7,810 .......
Cost on U.S.
operators
Up to $7,810.
(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.
E:\FR\FM\20JYP1.SGM
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Federal Register / Vol. 88, No. 138 / Thursday, July 20, 2023 / Proposed Rules
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Airbus SAS Airplanes: Docket No. FAA–
2023–1499; Project Identifier MCAI–
2023–00458–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by September 5,
2023.
(b) Affected ADs
None.
(i) Additional AD Provisions
(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.
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(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
VerDate Sep<11>2014
16:16 Jul 19, 2023
(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
total accumulated flight hours, counted from
takeoff to touchdown, divided by the total
accumulated flight cycles at the effective date
of this AD.
Jkt 259001
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: 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, 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)(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 Timothy.P.Dowling@faa.gov.
(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.
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Fmt 4702
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46699
(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 ADs@easa.europa.eu; 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
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on July 13, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–15273 Filed 7–19–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1498; Project
Identifier MCAI–2023–00459–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt 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 proposed 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 proposed AD would
require 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
proposed for incorporation by reference
(IBR). The FAA is proposing this AD to
SUMMARY:
E:\FR\FM\20JYP1.SGM
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Agencies
[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Proposed Rules]
[Pages 46697-46699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15273]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 88, No. 138 / Thursday, July 20, 2023 /
Proposed Rules
[[Page 46697]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1499; Project Identifier MCAI-2023-00458-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
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 A330-202, A330-203, A330-223, A330-243,
and A330-841 airplanes. This proposed AD was prompted by a
determination that the cold working process was partially completed on
a certain circumferential joint. This proposed AD would require
modification of the circumferential joint, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference (IBR). 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 September
5, 2023.
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 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.
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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For EASA material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu. It is
also available at regulations.gov under Docket No. FAA-2023-1499.
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.
FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone 206-231-3667; email [email protected].
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-2023-1499; Project Identifier
MCAI-2023-00458-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
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
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone 206-231-3667; email
[email protected]. 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 2023-0054, dated March 14, 2023
(EASA AD 2023-0054) (also referred to as the MCAI), to correct an
unsafe condition for Airbus SAS Model A330-202, A330-203, A330-223,
A330-243, and A330-841 airplanes, manufacturer serial numbers (MSNs)
1780, 1782, 1784, 1785, 1787, 1799, 1805, 1808, 1822, 1823, 1830, 1835,
1845, 1847, 1848, 1854, 1857, 1859, 1864, 1872, 1877, 1878, 1882, 1883,
1886, 1888, 1891, 1911, 1916, 1919, 1932, 1936, 1942, 1945, 1960, 1964,
1965, 1968, and 1969. Airbus SAS Model A330-243 airplanes, MSNs 1787,
1799, 1808, 1822, 1830, 1848, 1857, 1883, 1886, 1891, 1911, 1916, 1919,
1942, 1945, 1960, 1965, and 1968, were modified to Airbus SAS Model
A330-243 Multi Role Transport Tanker (MRTT) airplanes. The MRTT
airplanes are not type certificated by the FAA and not included on the
U.S. type certificate data sheet; this proposed AD therefore does not
include those airplanes in the
[[Page 46698]]
applicability. The MCAI states the cold working process was partially
completed on the circumferential joint at frame 58. This condition, if
not addressed, could affect the structural integrity of the airplane
and result in catastrophic failure.
The FAA is proposing 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-2023-1499.
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 work
of 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 if the existing hole diameter 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 ADDRESSES.
FAA's Determination
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 is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0054 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 2023-0054 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0054 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 2023-0054 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 2023-
0054. Service information required by EASA AD 2023-0054 for compliance
will be available at regulations.gov under Docket No. FAA-2023-1499
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect one airplane 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. 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 proposed AD.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed 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
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
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
[[Page 46699]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Airbus SAS Airplanes: Docket No. FAA-2023-1499; Project Identifier
MCAI-2023-00458-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 5, 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 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: [email protected]. 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
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
[email protected].
(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
[email protected]; 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
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on July 13, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-15273 Filed 7-19-23; 8:45 am]
BILLING CODE 4910-13-P