Airworthiness Directives; Airbus SAS Airplanes, 48760-48764 [2023-15999]

Download as PDF 48760 Federal Register / Vol. 88, No. 144 / Friday, July 28, 2023 / Proposed Rules requirements, Bonding, Surety, Small businesses. For the reasons set forth in the preamble, SBA proposes to amend 13 CFR part 115 and 13 CFR part 121 as follows: ■ 1. The authority citation for part 115 continues to read as follows: 4. The authority citation for Part 121 continues to read as follows: SUMMARY: ■ Authority: 15 U.S.C. 632, 634(b)(6), 636(a)(36), 662, 694a(9), and 9012. Authority: 5 U.S.C. app 3; 15 U.S.C. 636i, 687b, 687c, 694a, and 694b note. PART 115—SURETY BOND GUARANTEE § 121.301 What size standards and affiliation principles are applicable to financial assistance programs? 2. Amend § 115.10 by revising the definition of ‘‘Applicable Statutory Limit’’ to read as follows: * § 115.10 Definitions. Applicable Statutory Limit means the maximum amount, set forth below, of any Contract or Order for which SBA is authorized to guarantee, or commit to guarantee, a Bid Bond, Payment Bond, Performance Bond, or Ancillary Bond: (1) $9 million (as adjusted for inflation in accordance with 41 U.S.C. 1908); (2) $14 million if a contracting officer of a Federal agency certifies, in accordance with section 115.12(e)(3), that such guarantee is necessary; or (3) if SBA is guaranteeing the bond in connection with a procurement related to a major disaster pursuant to section 12079 of Public Law 110–246, see section 115.12(e)(4). ■ 3. Amend § 115.12 by revising paragraph (e)(3) to read as follows: § 115.12 General program policies and provisions. * lotter on DSK11XQN23PROD with PROPOSALS1 ACTION: 5. Amend § 121.301 by revising paragraphs (a), (b), (b)(2), and (e) to read as follows: ■ * * * * (e) * * * (3) Federal Contracts or Orders in excess of $9,000,000 (as adjusted for inflation in accordance with section 1908 of title 41, United States Code). SBA is authorized to guarantee bonds on Federal Contracts or Orders greater than $9,000,000 (as adjusted for inflation in accordance with 41 U.S.C. 1908), but not exceeding $14 million, upon a signed certification of a Federal contracting officer that the SBA guarantee is necessary. The certification must be either express mailed to SBA, Office of Surety Guarantees, 409 Third Street SW, Washington, DC 20416 or sent by email to suretybonds@sba.gov, and include the following additional information: (i) Name, address and telephone number of the small business; (ii) Offer or Contract number and brief description of the contract; and (iii) Estimated Contract value and date of anticipated award determination. * * * * * VerDate Sep<11>2014 16:56 Jul 27, 2023 Jkt 259001 Notice of proposed rulemaking (NPRM). PART 121—SMALL BUSINESS SIZE REGULATIONS ■ * * * * (a) For Business Loans (other than for 7(a) Business Loans)) and for Disaster Loans (other than physical disaster loans), an applicant business concern must satisfy two criteria: * * * * * (b) For 7(a) Business Loans and Development Company programs, an applicant business concern must meet one of the following standards: (1) * * * (2) Including its affiliates, tangible net worth not in excess of $20 million, and average net income after Federal income taxes (excluding any carry over losses) for the preceding two completed fiscal years not in excess of $6.5 million. * * * * * * * * (e) The applicable size standards for purposes of SBA’s financial assistance programs, excluding the Surety Bond Guarantee assistance program, are increased by 25% whenever the applicant agrees to use all of the financial assistance within a labor surplus area. The U.S. Department of Labor (DOL) issues the Labor Surplus Area (LSA) list on a fiscal year basis on its website at www.dol.gov/agencies/eta/ lsa. * * * * * Isabella Casillas Guzman, Administrator. [FR Doc. 2023–15899 Filed 7–27–23; 8:45 am] BILLING CODE 8026–09–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1642; Project Identifier MCAI–2023–00183–T] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. AGENCY: PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 The FAA proposes to supersede Airworthiness Directive (AD) 2022–18–14, which applies to certain Airbus SAS Model A330–200 series, A330–200 Freighter series, A330–300 series, A330–800 series, and A330–900 series airplanes. AD 2022–18–14 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2022–18–14, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would continue to require the actions in AD 2022–18–14, and would require revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations, as specified in two European Union Aviation Safety Agency (EASA) ADs, which are 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 11, 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–2023–1642; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this 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 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 E:\FR\FM\28JYP1.SGM 28JYP1 Federal Register / Vol. 88, No. 144 / Friday, July 28, 2023 / Proposed Rules ad.easa.europa.eu. It is also available at regulations.gov under Docket No. FAA– 2023–1642. • 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: Tim Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 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–2023–1642; Project Identifier MCAI–2023–00183–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. lotter on DSK11XQN23PROD with PROPOSALS1 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 Tim Dowling, VerDate Sep<11>2014 16:56 Jul 27, 2023 Jkt 259001 Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 206–231–3667; email: timothy.p.dowling@faa.gov. Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA issued AD 2022–18–14, Amendment 39–22165 (87 FR 56566, September 15, 2022) (AD 2022–18–14), for certain Airbus SAS Model A330– 201, –202, –203, –223, and –243 airplanes; Model A330–223F and –243F airplanes; Model A330–301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes; Model A330–841 airplanes; and Model A330–941 airplanes. AD 2022–18–14 was prompted by MCAI originated by EASA, which is the Technical Agent for the Member States of the European Union. EASA issued AD 2021–0261, dated November 22, 2021 (EASA AD 2021–0261) (which prompted FAA AD 2022–18–14), to correct an unsafe condition. AD 2022–18–14 requires revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations. The FAA issued AD 2022–18–14 to address fatigue cracking, accidental damage, and corrosion in principal structural elements; such fatigue cracking, accidental damage, and corrosion could result in reduced structural integrity of the airplane. Actions Since AD 2022–18–14 Was Issued Since the FAA issued AD 2022–18– 14, EASA superseded EASA AD 2021– 0261 and issued EASA AD 2022–0187, dated September 13, 2022 (EASA AD 2022–0187), for all Airbus SAS Model A330–201, –202, –203, –223, –223F, –243, –243F, –301, –302, –303, –321, –322, –323, –341, –342, –343, –841 and –941 airplanes. EASA AD 2022–0187 states that new or more restrictive airworthiness limitations have been developed. EASA also issued EASA AD 2023– 0015, dated January 19, 2023 (EASA AD 2023–0015), for all Airbus SAS Model A330–201, –202, –203, –223, –223F, –243, –243F, –301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes. EASA AD 2023–0015 states that new or more restrictive airworthiness limitations have been developed. EASA AD 2023–0015 also states that it requires certain tasks also required by EASA AD 2022–0187, and invalidates (terminates) the tasks that are also required by EASA AD 2022– PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 48761 0187. Therefore, for this proposed AD, where EASA AD 2023–0015 affects the same airworthiness limitations as those in EASA AD 2022–0187, the airworthiness limitations referenced in EASA AD 2023–0015 would prevail. Airplanes with an original airworthiness certificate or original export certificate of airworthiness issued after November 18, 2022, must comply with the airworthiness limitations specified as part of the approved type design and referenced on the type certificate data sheet; this proposed AD therefore does not include those airplanes in the applicability. The FAA is proposing this AD to address fatigue cracking, accidental damage, and corrosion in principal structural elements; such fatigue cracking, accidental damage, and corrosion could result in reduced structural integrity of the airplane. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–1642. Related Service Information Under 1 CFR Part 51 The FAA reviewed EASA AD 2022– 0187 and EASA AD 2023–0015. This service information specifies new or more restrictive airworthiness limitations for airplane structures. These documents are distinct since they apply to different airplane configurations. This proposed AD would also require EASA AD 2021–0261, which the Director of the Federal Register approved for incorporation by reference as of October 20, 2022 (87 FR 56566, September 15, 2022). This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES. 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 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 retain all of the requirements of AD 2022–18–14. This proposed AD would also require E:\FR\FM\28JYP1.SGM 28JYP1 48762 Federal Register / Vol. 88, No. 144 / Friday, July 28, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations, which are specified in EASA AD 2022– 0187 and EASA AD 2023–0015 already described, as proposed for incorporation by reference. Any differences with EASA AD 2022–0187 and EASA AD 2023–0015 are identified as exceptions in the regulatory text of this AD. This proposed AD would require revisions to certain operator maintenance documents to include new actions (e.g., inspections). Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance (AMOC) according to paragraph (m)(1) 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 retain the IBR of EASA AD 2021–0261, and incorporate EASA AD 2022–0187 and EASA AD 2023–0015 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2021–0261, EASA AD 2022–0187, and EASA AD 2023–0015 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 2021–0261, EASA AD 2022–0187, or EASA AD 2023–0015 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 2021–0261, EASA AD 2022–0187, or EASA AD 2023–0015. Service information required by EASA AD 2021–0261, EASA AD 2022–0187, or EASA AD 2023–0015 for compliance will be available at regulations.gov by searching for and locating Docket No. VerDate Sep<11>2014 16:56 Jul 27, 2023 Jkt 259001 FAA–2023–1642 after the FAA final rule is published. Airworthiness Limitation ADs Using the New Process The FAA’s process of incorporating by reference MCAI ADs as the primary source of information for compliance with corresponding FAA ADs has been limited to certain MCAI ADs (primarily those with service bulletins as the primary source of information for accomplishing the actions required by the FAA AD). However, the FAA is now expanding the process to include MCAI ADs that require a change to airworthiness limitation documents, such as airworthiness limitation sections. For these ADs that incorporate by reference an MCAI AD that changes airworthiness limitations, the FAA requirements are unchanged. Operators must revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the new airworthiness limitation document. The airworthiness limitations must be followed according to 14 CFR 91.403(c) and 91.409(e). The previous format of the airworthiness limitation ADs included a paragraph that specified that no alternative actions (e.g., inspections) or intervals may be used unless the actions and intervals are approved as an AMOC in accordance with the procedures specified in the AMOCs paragraph under ‘‘Additional AD Provisions.’’ This new format includes a ‘‘New Provisions for Alternative Actions and Intervals’’ paragraph that does not specifically refer to AMOCs, but operators may still request an AMOC to use an alternative action or interval. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 120 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: The FAA estimates the total cost per operator for the retained actions from AD 2022–18–14 to be $7,650 (90 workhours × $85 per work-hour). The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 workhours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 The FAA estimates the total cost per operator for the new proposed actions to be $7,650 (90 work-hours × $85 per work-hour). Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings 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: ■ E:\FR\FM\28JYP1.SGM 28JYP1 Federal Register / Vol. 88, No. 144 / Friday, July 28, 2023 / Proposed Rules Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive (AD) 2022–18–14, Amendment 39– 22165 (87 FR 56566, September 15, 2022); and ■ b. Adding the following new AD: ■ ■ Airbus SAS: Docket No. FAA–2023–1642; Project Identifier MCAI–2023–00183–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by September 11, 2023. (b) Affected ADs This AD replaces AD 2022–18–14, Amendment 39–22165 (87 FR 56566, September 15, 2022) (AD 2022–18–14). (c) Applicability This AD applies to Airbus SAS airplanes, identified in paragraphs (c)(1) through (5) of this AD, certificated in any category, with an original airworthiness certificate or original export certificate of airworthiness issued on or before November 18, 2022. (1) Model A330–201, –202, –203, –223, and –243 airplanes. (2) Model A330–223F and –243F airplanes. (3) Model A330–301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes. (4) Model A330–841 airplanes. (5) Model A330–941 airplanes. (d) Subject Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks. (e) Unsafe Condition This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address fatigue cracking, accidental damage, and corrosion in principal structural elements. The unsafe condition, if not addressed, could result in reduced structural integrity of the airplane. lotter on DSK11XQN23PROD with PROPOSALS1 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Revision of the Existing Maintenance or Inspection Program, With No Changes This paragraph restates the requirements of paragraph (i) of AD 2022–18–14, with no changes. For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or before November 2, 2021, except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2021–0261, dated November 22, 2021 (EASA AD 2021–0261). Accomplishing the revision of the existing maintenance or inspection program required by paragraph (j) of this AD terminates the requirements of this paragraph. VerDate Sep<11>2014 16:56 Jul 27, 2023 Jkt 259001 (h) Retained Exceptions to EASA AD 2021– 0261, With No Changes This paragraph restates the exceptions specified in paragraph (j) of AD 2022–18–14, with no changes. (1) Where EASA AD 2021–0261 refers to its effective date, this AD requires using October 20, 2022 (the effective date of AD 2022–18– 14). (2) The requirements specified in paragraphs (1) and (2) of EASA AD 2021– 0261 do not apply to this AD. (3) Paragraph (3) of EASA AD 2021–0261 specifies revising ‘‘the AMP’’ within 12 months after its effective date, but this AD requires revising the existing maintenance or inspection program, as applicable, within 90 days after October 20, 2022 (the effective date of AD 2022–18–14). (4) The initial compliance time for doing the tasks specified in paragraph (3) of EASA 2021–0261 is at the applicable ‘‘associated thresholds’’ as incorporated by the requirements of paragraph (3) of EASA AD 2021–0261, or within 90 days after October 20, 2022 (the effective date of AD 2022–18– 14), whichever occurs later. (5) This AD does not require incorporating Section 4, ‘‘Damage Tolerant-Airworthiness Limitations Items-Tasks Beyond MPPT,’’ of ‘‘the ALS’’ specified in EASA AD 2021–0261. (6) The provisions specified in paragraphs (4) and (5) of EASA AD 2021–0261 do not apply to this AD. (7) The ‘‘Remarks’’ section of EASA AD 2021–0261 does not apply to this AD. (i) Retained Restrictions on Alternative Actions and Intervals With a New Exception This paragraph restates the requirements of AD 2022–18–14, with a new exception. Except as required by paragraph (j) of this AD, after the existing maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections) and intervals are allowed unless they are approved as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2021–0261. (j) New Revision of the Existing Maintenance or Inspection Program Except as specified in paragraph (k) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2022–0187, dated September 13, 2022 (EASA AD 2022– 0187); and EASA AD 2023–0015, dated January 19, 2023 (EASA AD 2023–0015); as applicable. Where EASA AD 2023–0015 affects the same airworthiness limitations as those in EASA AD 2022–0187, the airworthiness limitations referenced in EASA AD 2023–0015 prevail. (k) New Exceptions to EASA AD 2022–0187 and to EASA AD 2023–0015 (1) This AD does not adopt the requirements specified in paragraphs (1) and (2) of EASA AD 2022–0187 and of EASA AD 2023–0015. (2) Paragraph (3) of EASA AD 2022–0187 and of EASA AD 2023–0015 specifies revising ‘‘the AMP’’ within 12 months after the respective EASA AD’s effective date, but PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 48763 this AD requires revising the existing maintenance or inspection program, as applicable, within 90 days after the effective date of this AD. (3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2022–0187 and of EASA AD 2023–0015 is at the applicable ‘‘associated thresholds’’ as incorporated by the requirements of paragraph (3) of EASA AD 2022–0187 and of EASA AD 2023–0015, or within 90 days after the effective date of this AD, whichever occurs later. (4) This AD does not adopt the provisions specified in paragraphs (4) and (5) of EASA AD 2022–0187. (5) Where EASA AD 2022–0187 defines ‘‘The ALS,’’ replace the text ‘‘Airbus A330 Airworthiness Limitations Section (ALS) Part 2 Revision 05,’’ with ‘‘Airbus A330 Airworthiness Limitations Section (ALS) Part 2 Revision 05 Issue 02.’’ (6) This AD does not adopt the provisions specified in paragraph (4) of EASA AD 2023– 0015. (7) This AD does not require incorporating Section 4, ‘‘Damage Tolerant-Airworthiness Limitations Items-Tasks Beyond MPPT,’’ of ‘‘the ALS’’ specified in EASA AD 2022–0187 and in EASA AD 2023–0015. (8) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2022–0187 and of EASA AD 2023–0015. (l) New Provisions for Alternative Actions and Intervals After the existing maintenance or inspection program has been revised as required by paragraph (j) of this AD, no alternative actions (e.g., inspections) and intervals are allowed unless they are approved as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2022–0187 and of EASA AD 2023–0015. (m) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the International Validation Branch, send it to the attention of the person identified in paragraph (n) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. (i) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (ii) The AMOC specified in letter AIR–676– 19–120, dated March 5, 2019, approved previously for AD 2018–24–04, Amendment 39–19508 (83 FR 60756, November 27, 2018), is approved as an AMOC for the corresponding provisions of 2022–0187 and EASA AD 2023–0015 that are required by paragraph (j) of this AD for Model A330–200 and A330–300 series airplanes modified from a passenger to freighter configuration under the provisions of FAA Supplemental Type Certificate ST04038NY. E:\FR\FM\28JYP1.SGM 28JYP1 48764 Federal Register / Vol. 88, No. 144 / Friday, July 28, 2023 / Proposed Rules (iii) The AMOC specified in letter AIR– 731A–20–179, dated May 11, 2020, approved previously for AD 2019–23–02 Amendment 39–19795 (84 FR 64725, November 25, 2019), is approved as an AMOC for the corresponding provisions of EASA AD 2022– 0187 and of EASA AD 2023–0015 that are required by paragraph (j) of this AD for Model A330–200 and A330–300 series airplanes modified from a passenger to freighter configuration under the provisions of FAA Supplemental Type Certificate ST04038NY. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or EASA; or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. lotter on DSK11XQN23PROD with PROPOSALS1 (n) Additional Information For more information about this AD, contact Tim Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 206– 231–3667; email: timothy.p.dowling@faa.gov. (o) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (3) The following service information was approved for IBR on [DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE]. (i) European Union Aviation Safety Agency (EASA) AD 2022–0187, dated September 13, 2022. (ii) European Union Aviation Safety Agency (EASA) AD 2023–0015, dated January 19, 2023. (4) The following service information was approved for IBR on October 20, 2022 (87 FR 56566, September 15, 2022). (i) European Union Aviation Safety Agency (EASA) AD 2021–0261, dated November 22, 2021. (ii) [Reserved] (5) For EASA AD 2021–0261, EASA AD 2022–0187, and EASA AD 2023–0015, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find these EASA ADs on the EASA website at ad.easa.europa.eu. (6) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (7) You may view this service information 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. VerDate Sep<11>2014 16:56 Jul 27, 2023 Jkt 259001 Issued on July 21, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–15999 Filed 7–27–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1641; Project Identifier MCAI–2023–00598–T] RIN 2120–AA64 Airworthiness Directives; ATR—GIE Avions de Transport Re´gional Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2021–10–20, which applies to certain ATR–GIE Avions de Transport Re´gional Model ATR42–500 and ATR72–212A airplanes. AD 2021–10–20 requires revising the existing aircraft flight manual (AFM) and applicable corresponding operational procedures to update a systems limitation, limiting dispatch with certain equipment inoperative, performing an operational test of a certain contactor and an electrical test of a certain battery toggle switch, and performing corrective actions if necessary. Since the FAA issued AD 2021–10–20, new procedures for modifying the wiring and replacing the battery toggle switch have been developed that would terminate the AD requirements. This proposed AD would continue to require certain actions in AD 2021–10–20, and would require modifying the battery toggle switch wiring and replacing the battery toggle switch, and would revise the applicability to include additional airplanes, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). This proposed AD would also prohibit the installation of affected parts. 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 11, 2023. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: SUMMARY: PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 • 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–2023–1641; 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 the EASA AD identified in this NPRM, you may contact EASA, KonradAdenauer-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: ad.easa.europa.eu. It is also available at regulations.gov under Docket No. FAA– 2023–1641. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206–231–3220; email: shahram.daneshmandi@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–2023–1641; Project Identifier MCAI–2023–00598–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 E:\FR\FM\28JYP1.SGM 28JYP1

Agencies

[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Proposed Rules]
[Pages 48760-48764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15999]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1642; Project Identifier MCAI-2023-00183-T]
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 supersede Airworthiness Directive (AD) 
2022-18-14, which applies to certain Airbus SAS Model A330-200 series, 
A330-200 Freighter series, A330-300 series, A330-800 series, and A330-
900 series airplanes. AD 2022-18-14 requires revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations. Since the FAA issued AD 
2022-18-14, the FAA has determined that new or more restrictive 
airworthiness limitations are necessary. This proposed AD would 
continue to require the actions in AD 2022-18-14, and would require 
revising the existing maintenance or inspection program, as applicable, 
to incorporate additional new or more restrictive airworthiness 
limitations, as specified in two European Union Aviation Safety Agency 
(EASA) ADs, which are 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 
11, 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-2023-1642; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this 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 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

[[Page 48761]]

ad.easa.europa.eu. It is also available at regulations.gov under Docket 
No. FAA-2023-1642.
     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: Tim Dowling, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 
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-2023-1642; Project Identifier 
MCAI-2023-00183-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 Tim 
Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone: 206-231-3667; email: 
[email protected]. Any commentary that the FAA receives that is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    The FAA issued AD 2022-18-14, Amendment 39-22165 (87 FR 56566, 
September 15, 2022) (AD 2022-18-14), for certain Airbus SAS Model A330-
201, -202, -203, -223, and -243 airplanes; Model A330-223F and -243F 
airplanes; Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes; Model A330-841 airplanes; and Model A330-941 
airplanes. AD 2022-18-14 was prompted by MCAI originated by EASA, which 
is the Technical Agent for the Member States of the European Union. 
EASA issued AD 2021-0261, dated November 22, 2021 (EASA AD 2021-0261) 
(which prompted FAA AD 2022-18-14), to correct an unsafe condition.
    AD 2022-18-14 requires revising the existing maintenance or 
inspection program, as applicable, to incorporate additional new or 
more restrictive airworthiness limitations. The FAA issued AD 2022-18-
14 to address fatigue cracking, accidental damage, and corrosion in 
principal structural elements; such fatigue cracking, accidental 
damage, and corrosion could result in reduced structural integrity of 
the airplane.

Actions Since AD 2022-18-14 Was Issued

    Since the FAA issued AD 2022-18-14, EASA superseded EASA AD 2021-
0261 and issued EASA AD 2022-0187, dated September 13, 2022 (EASA AD 
2022-0187), for all Airbus SAS Model A330-201, -202, -203, -223, -223F, 
-243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, -343, -841 
and -941 airplanes. EASA AD 2022-0187 states that new or more 
restrictive airworthiness limitations have been developed.
    EASA also issued EASA AD 2023-0015, dated January 19, 2023 (EASA AD 
2023-0015), for all Airbus SAS Model A330-201, -202, -203, -223, -223F, 
-243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
airplanes. EASA AD 2023-0015 states that new or more restrictive 
airworthiness limitations have been developed. EASA AD 2023-0015 also 
states that it requires certain tasks also required by EASA AD 2022-
0187, and invalidates (terminates) the tasks that are also required by 
EASA AD 2022-0187. Therefore, for this proposed AD, where EASA AD 2023-
0015 affects the same airworthiness limitations as those in EASA AD 
2022-0187, the airworthiness limitations referenced in EASA AD 2023-
0015 would prevail.
    Airplanes with an original airworthiness certificate or original 
export certificate of airworthiness issued after November 18, 2022, 
must comply with the airworthiness limitations specified as part of the 
approved type design and referenced on the type certificate data sheet; 
this proposed AD therefore does not include those airplanes in the 
applicability.
    The FAA is proposing this AD to address fatigue cracking, 
accidental damage, and corrosion in principal structural elements; such 
fatigue cracking, accidental damage, and corrosion could result in 
reduced structural integrity of the airplane. You may examine the MCAI 
in the AD docket at regulations.gov under Docket No. FAA-2023-1642.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0187 and EASA AD 2023-0015. This 
service information specifies new or more restrictive airworthiness 
limitations for airplane structures. These documents are distinct since 
they apply to different airplane configurations.
    This proposed AD would also require EASA AD 2021-0261, which the 
Director of the Federal Register approved for incorporation by 
reference as of October 20, 2022 (87 FR 56566, September 15, 2022).
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

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 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 retain all of the requirements of AD 2022-
18-14. This proposed AD would also require

[[Page 48762]]

revising the existing maintenance or inspection program, as applicable, 
to incorporate additional new or more restrictive airworthiness 
limitations, which are specified in EASA AD 2022-0187 and EASA AD 2023-
0015 already described, as proposed for incorporation by reference. Any 
differences with EASA AD 2022-0187 and EASA AD 2023-0015 are identified 
as exceptions in the regulatory text of this AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance (AMOC) according to 
paragraph (m)(1) 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 retain the IBR of EASA AD 2021-0261, and incorporate 
EASA AD 2022-0187 and EASA AD 2023-0015 by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with EASA 
AD 2021-0261, EASA AD 2022-0187, and EASA AD 2023-0015 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 2021-0261, 
EASA AD 2022-0187, or EASA AD 2023-0015 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-
0261, EASA AD 2022-0187, or EASA AD 2023-0015. Service information 
required by EASA AD 2021-0261, EASA AD 2022-0187, or EASA AD 2023-0015 
for compliance will be available at regulations.gov by searching for 
and locating Docket No. FAA-2023-1642 after the FAA final rule is 
published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections) or intervals may be used unless the actions and intervals 
are approved as an AMOC in accordance with the procedures specified in 
the AMOCs paragraph under ``Additional AD Provisions.'' This new format 
includes a ``New Provisions for Alternative Actions and Intervals'' 
paragraph that does not specifically refer to AMOCs, but operators may 
still request an AMOC to use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 120 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2022-18-14 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate.
    The FAA estimates the total cost per operator for the new proposed 
actions to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    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:


[[Page 48763]]


    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2022-18-14, Amendment 39-22165 
(87 FR 56566, September 15, 2022); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-1642; Project Identifier MCAI-2023-
00183-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 11, 2023.

(b) Affected ADs

    This AD replaces AD 2022-18-14, Amendment 39-22165 (87 FR 56566, 
September 15, 2022) (AD 2022-18-14).

(c) Applicability

    This AD applies to Airbus SAS airplanes, identified in 
paragraphs (c)(1) through (5) of this AD, certificated in any 
category, with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before November 18, 
2022.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (4) Model A330-841 airplanes.
    (5) Model A330-941 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, accidental damage, and 
corrosion in principal structural elements. The unsafe condition, if 
not addressed, could result in reduced structural integrity of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2022-18-14, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before November 2, 2021, except as 
specified in paragraph (h) of this AD: Comply with all required 
actions and compliance times specified in, and in accordance with, 
European Union Aviation Safety Agency (EASA) AD 2021-0261, dated 
November 22, 2021 (EASA AD 2021-0261). Accomplishing the revision of 
the existing maintenance or inspection program required by paragraph 
(j) of this AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2021-0261, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(j) of AD 2022-18-14, with no changes.
    (1) Where EASA AD 2021-0261 refers to its effective date, this 
AD requires using October 20, 2022 (the effective date of AD 2022-
18-14).
    (2) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2021-0261 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0261 specifies revising ``the 
AMP'' within 12 months after its effective date, but this AD 
requires revising the existing maintenance or inspection program, as 
applicable, within 90 days after October 20, 2022 (the effective 
date of AD 2022-18-14).
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA 2021-0261 is at the applicable ``associated 
thresholds'' as incorporated by the requirements of paragraph (3) of 
EASA AD 2021-0261, or within 90 days after October 20, 2022 (the 
effective date of AD 2022-18-14), whichever occurs later.
    (5) This AD does not require incorporating Section 4, ``Damage 
Tolerant-Airworthiness Limitations Items-Tasks Beyond MPPT,'' of 
``the ALS'' specified in EASA AD 2021-0261.
    (6) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2021-0261 do not apply to this AD.
    (7) The ``Remarks'' section of EASA AD 2021-0261 does not apply 
to this AD.

(i) Retained Restrictions on Alternative Actions and Intervals With a 
New Exception

    This paragraph restates the requirements of AD 2022-18-14, with 
a new exception. Except as required by paragraph (j) of this AD, 
after the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2021-0261.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2022-0187, dated September 13, 2022 (EASA 
AD 2022-0187); and EASA AD 2023-0015, dated January 19, 2023 (EASA 
AD 2023-0015); as applicable. Where EASA AD 2023-0015 affects the 
same airworthiness limitations as those in EASA AD 2022-0187, the 
airworthiness limitations referenced in EASA AD 2023-0015 prevail.

(k) New Exceptions to EASA AD 2022-0187 and to EASA AD 2023-0015

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2022-0187 and of EASA AD 2023-
0015.
    (2) Paragraph (3) of EASA AD 2022-0187 and of EASA AD 2023-0015 
specifies revising ``the AMP'' within 12 months after the respective 
EASA AD's effective date, but this AD requires revising the existing 
maintenance or inspection program, as applicable, within 90 days 
after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2022-0187 and of EASA AD 2023-0015 is at 
the applicable ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2022-0187 and of EASA AD 
2023-0015, or within 90 days after the effective date of this AD, 
whichever occurs later.
    (4) This AD does not adopt the provisions specified in 
paragraphs (4) and (5) of EASA AD 2022-0187.
    (5) Where EASA AD 2022-0187 defines ``The ALS,'' replace the 
text ``Airbus A330 Airworthiness Limitations Section (ALS) Part 2 
Revision 05,'' with ``Airbus A330 Airworthiness Limitations Section 
(ALS) Part 2 Revision 05 Issue 02.''
    (6) This AD does not adopt the provisions specified in paragraph 
(4) of EASA AD 2023-0015.
    (7) This AD does not require incorporating Section 4, ``Damage 
Tolerant-Airworthiness Limitations Items-Tasks Beyond MPPT,'' of 
``the ALS'' specified in EASA AD 2022-0187 and in EASA AD 2023-0015.
    (8) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0187 and of EASA AD 2023-0015.

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (j) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2022-0187 and of EASA AD 2023-
0015.

(m) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or responsible Flight Standards Office, as 
appropriate. If sending information directly to the International 
Validation Branch, send it to the attention of the person identified 
in paragraph (n) of this AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) The AMOC specified in letter AIR-676-19-120, dated March 5, 
2019, approved previously for AD 2018-24-04, Amendment 39-19508 (83 
FR 60756, November 27, 2018), is approved as an AMOC for the 
corresponding provisions of 2022-0187 and EASA AD 2023-0015 that are 
required by paragraph (j) of this AD for Model A330-200 and A330-300 
series airplanes modified from a passenger to freighter 
configuration under the provisions of FAA Supplemental Type 
Certificate ST04038NY.

[[Page 48764]]

    (iii) The AMOC specified in letter AIR-731A-20-179, dated May 
11, 2020, approved previously for AD 2019-23-02 Amendment 39-19795 
(84 FR 64725, November 25, 2019), is approved as an AMOC for the 
corresponding provisions of EASA AD 2022-0187 and of EASA AD 2023-
0015 that are required by paragraph (j) of this AD for Model A330-
200 and A330-300 series airplanes modified from a passenger to 
freighter configuration under the provisions of FAA Supplemental 
Type Certificate ST04038NY.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(n) Additional Information

    For more information about this AD, contact Tim Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone: 206-231-3667; email: 
[email protected].

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0187, 
dated September 13, 2022.
    (ii) European Union Aviation Safety Agency (EASA) AD 2023-0015, 
dated January 19, 2023.
    (4) The following service information was approved for IBR on 
October 20, 2022 (87 FR 56566, September 15, 2022).
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0261, 
dated November 22, 2021.
    (ii) [Reserved]
    (5) For EASA AD 2021-0261, EASA AD 2022-0187, and EASA AD 2023-
0015, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; website 
easa.europa.eu. You may find these EASA ADs on the EASA website at 
ad.easa.europa.eu.
    (6) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (7) You may view this service information 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 21, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-15999 Filed 7-27-23; 8:45 am]
BILLING CODE 4910-13-P
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