Airworthiness Directives; Airbus SAS Airplanes, 86036-86039 [2023-27115]
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86036
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
(g) Requirements
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(h) Exceptions to EASA AD 2023–0065
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2023–23–07 Deutsche Aircraft GmbH (Type
Certificate Previously Held by 328
Support Services GmbH; AvCraft
Aerospace GmbH; Fairchild Dornier
GmbH; Dornier Luftfahrt GmbH):
Amendment 39–22609; Docket No.
FAA–2023–1881; Project Identifier
MCAI–2023–00495–T.
(a) Effective Date
This airworthiness directive (AD) is
effective January 16, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Deutsche Aircraft
GmbH (Type Certificate previously held by
328 Support Services GmbH; AvCraft
Aerospace GmbH; Fairchild Dornier GmbH;
Dornier Luftfahrt GmbH) Model 328–100 and
328–300 airplanes, certificated in any
category.
ddrumheller on DSK120RN23PROD with RULES1
(d) Subject
Air Transport Association (ATA) of
America Code: 27, Flight Controls.
(e) Unsafe Condition
This AD was prompted by a manufacturer’s
design review, which identified a potential
risk of the rudder control rod buckling during
operation with one engine inoperative during
take-off and landing phases. The FAA is
issuing this AD to address the potential
failure of a rudder control rod. The unsafe
condition, if not addressed, could result in
reduced control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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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 2023–0065, dated
March 20, 2023 (EASA AD 2023–0065).
(1) Where EASA AD 2023–0065 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Replace the entire text of paragraph (2)
of EASA AD 2023–0065 with the following
text, ‘‘If, during the functional check or GVI
as required by paragraph (1) of this AD, as
applicable, the length of the rudder control
rod exceeds the maximum allowable length
specified in the ASB, the rudder control rod
is bent, both rudder control rod ends are not
symmetrically adjusted, or both inspection
holes are not fully covered with the threads
of the rod end, repair before further flight
using a method approved by the Manager,
International Validation Branch, FAA; or
EASA; or Deutsche Aircraft GmbH’s EASA
Design Organization Approval (DOA). If
approved by the DOA, the approval must
include the DOA-authorized signature.’’
(3) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0065.
(i) Additional AD Provisions
(j) Additional Information
For more information about this AD,
contact Todd Thompson, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 206–
231–3228; email todd.thompson@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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Issued on November 13, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–27120 Filed 12–11–23; 8:45 am]
BILLING CODE 4910–13–P
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 Deutsche Aircraft
GmbH’s EASA DOA. If approved by the
DOA, the approval must include the DOAauthorized signature.
PO 00000
(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 2023–0065, dated March 20,
2023.
(ii) [Reserved]
(3) For EASA AD 2023–0065, 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: ad.easa.europa.eu.
(4) 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.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1723; Project
Identifier MCAI–2023–00457–T; Amendment
39–22605; AD 2023–23–03]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A330–200 Freighter
series airplanes. This AD was prompted
by a widespread fatigue damage (WFD)
evaluation on Airbus SAS Model A330–
200 Freighter series airplanes, which
found that the circumferential joint at
Frame 58 (near the rear fuselage) is
susceptible to WFD. This AD requires a
modification to reinforce the
circumferential joints at Frame 58 and,
if necessary, corrective action, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective January 16,
2024.
SUMMARY:
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 16, 2024.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1723; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For material incorporated by
reference in this AD, 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.
• You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket at
regulations.gov under Docket No. FAA–
2023–1723.
FOR FURTHER INFORMATION CONTACT: Tim
Dowling, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 206–
231–3667; email: timothy.p.dowling@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Airbus SAS Model A330–
223F and –243F airplanes. The NPRM
published in the Federal Register on
August 31, 2023 (88 FR 60157). The
NPRM was prompted by AD 2023–0053,
dated March 14, 2023, issued by EASA,
which is the Technical Agent for the
Member States of the European Union
(EASA AD 2023–0053) (also referred to
as the MCAI). The MCAI states that
within the scope of WFD evaluations on
Model A330–200 Freighter series
airplanes, it was determined that the
circumferential joint at Frame 58 (near
the rear fuselage) is susceptible to WFD.
WFD, if not corrected, may lead to crack
initiation and undetected propagation,
which could affect the structural
integrity of the airplane.
In the NPRM, the FAA proposed to
require a modification to reinforce the
circumferential joints at Frame 58 and,
if necessary, corrective action, as
specified in EASA AD 2023–0053. The
FAA is issuing this AD to address the
unsafe condition on these products.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1723.
Discussion of Final Airworthiness
Directive
Comments
The FAA received no comments on
the NPRM or on the determination of
the cost to the public.
Additional Change to This AD
The FAA revised paragraph (h)(3) of
this AD to clarify that if any discrepancy
other than cracking is found, operators
must obtain instructions and
accomplish those instructions
accordingly. If cracking is found,
operators must obtain instructions and
repair the cracking before further flight.
In the NPRM, the FAA inadvertently
specified only cracking as a
discrepancy; however, incorrect hole
diameters are also a possible
discrepancy.
Conclusion
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
86037
reviewed the relevant data and
determined that air safety requires
adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on this
product. Except for minor editorial
changes, and any other changes
described previously, this AD is
adopted as proposed in the NPRM.
None of the changes will increase the
economic burden on any operator.
Related Service Information Under 1
CFR Part 51
EASA AD 2023–0053 specifies
procedures for a modification (including
rotating probe inspections for
discrepancies and measurement of the
maximum hole diameter at any point in
the fastener hole bores on the
circumferential joints) to reinforce the
circumferential joints at Frame 58 and,
if any discrepancies (cracking or
measurements that are outside the
acceptable hole diameters) are found,
corrective action (contacting the
manufacturer for instructions and
accomplishing those instructions). This
material is reasonably available because
the interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
Explanation of Compliance Time
The compliance time for the
replacement specified in this AD for
addressing WFD was established to
ensure that certain structure is replaced
before WFD develops in airplanes.
Standard inspection techniques cannot
be relied on to detect WFD before it
becomes a hazard to flight. The FAA
will not grant any extensions of the
compliance time to complete any ADmandated service bulletin related to
WFD without extensive new data that
would substantiate and clearly warrant
such an extension.
Costs of Compliance
The FAA estimates that this AD will
affect 6 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
ddrumheller on DSK120RN23PROD with RULES1
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
368 work-hours × $85 per hour = $31,280 .................................................................................
$7,700
$38,980
$233,880
The FAA has received no definitive
data on which to base the cost estimates
for the on-condition actions specified in
this AD.
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Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
PO 00000
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rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
ddrumheller on DSK120RN23PROD with RULES1
■
2023–23–03 Airbus SAS: Amendment 39–
22605; Docket No. FAA–2023–1723;
Project Identifier CAI–2023–00457–T.
(a) Effective Date
This airworthiness directive (AD) is
effective January 16, 2024.
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15:47 Dec 11, 2023
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(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model
A330–223F and –243F airplanes, certificated
in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a widespread
fatigue damage (WFD) evaluation on Model
A330–200 Freighter series airplanes, which
found that the circumferential joint at Frame
58 (near the rear fuselage) is susceptible to
WFD. The FAA is issuing this AD to address
WFD in the affected area. The unsafe
condition, if not corrected, may lead to crack
initiation and undetected propagation, which
could affect the structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2023–0053, dated
March 14, 2023 (EASA AD 2023–0053).
(h) Exceptions to EASA AD 2023–0053
(1) Where EASA AD 2023–0053 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0053.
(3) Where paragraph (2) of EASA AD 2023–
0053 specifies ‘‘if, during the
accomplishment of any inspection, which is
part of the modification as required by
paragraph (1) of this AD, any discrepancy, as
identified in the SB, is detected, before next
flight, contact Airbus for approved
instructions and accomplish those
instructions accordingly,’’ this AD requires
replacing those words with ‘‘if, during the
accomplishment of any inspection, which is
part of the modification as required by
paragraph (1) of this AD, any discrepancy
other than cracking is detected, before next
flight, contact the Manager, International
Validation Branch, FAA; or EASA; or Airbus
SAS’s EASA Design Organization Approval
(DOA) for approved instructions and
accomplish those instructions accordingly;
and if any cracking is detected, the cracking
must be repaired before further flight using
a method approved by the Manager,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA DOA. If
approved by the DOA, the approval must
include the DOA-authorized signature.’’
(i) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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 paragraph (i)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(j) Additional Information
For more information about this AD,
contact Tim Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone: 206–
231–3667; email: 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.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0053, dated March 14,
2023.
(ii) [Reserved]
(3) For EASA AD 2023–0053, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email 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 at the
National Archives and Records
Administration (NARA). For information on
E:\FR\FM\12DER1.SGM
12DER1
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on November 9, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–27115 Filed 12–11–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2023–1352; Airspace
Docket No. 23–ASO–55]
RIN 2120–AA66
Amendment of Class D and Class E
Airspace; Ozark, AL and Columbus,
GA
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action makes editorial
changes, updating the airport names of
two Army Airfields and replacing the
term Notice to Airmen with Notice to
Air Missions in Class D and Class E
descriptions. This action does not
change the airspace boundaries or
operating requirements.
DATES: Effective 0901 UTC, March 21,
2024. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order JO 7400.11 and publication of
conforming amendments.
ADDRESSES: This final rule may be
viewed online at www.regulations.gov
using the FAA Docket number.
Electronic retrieval help and guidelines
are available on the website. It is
available 24 hours a day, 365 days a
year.
FAA Order JO 7400.11H, Airspace
Designations, and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. For further information,
contact the Airspace Policy Group,
Federal Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT: John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, 1701 Columbia Avenue,
College Park, GA 30337; Telephone:
(404) 305–6364.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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86039
Authority for This Rulemaking
Regulatory Notices and Analyses
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority, as it updates
airport names and airspace descriptions.
This update is administrative change
and does not change the airspace
boundaries or operating requirements.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this proposed rule,
when promulgated, will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Incorporation by Reference
Environmental Review
Class D and Class E airspace are
published in paragraphs 5000, 6002,
6004, and 6005 of FAA Order JO
7400.11, Airspace Designations and
Reporting Points, incorporated by
reference in 14 CFR 71.1 annually. This
document amends the current version of
that order, FAA Order JO 7400.11H,
dated August 11, 2023, and effective
September 15, 2023. FAA Order JO
7400.11H is publicly available as listed
in the ADDRESSES section of this
document. These amendments will be
published in the next FAA Order JO
7400.11 update. FAA Order JO
7400.11H lists Class A, B, C, D, and E
airspace areas, air traffic service routes,
and reporting points.
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances warrant
the preparation of an environmental
assessment.
The Rule
This amendment to 14 CFR part 71
amends the Class D airspace, Class E
surface airspace, Class E airspace
designated as an extension to a Class D
surface area, and Class E airspace
extending upward from 700 feet above
the surface for Fort Novosel, Ozark, AL,
and Fort Moore, Columbus, GA by
updating each airport’s name (formerly
Fort Rucker and Fort Benning,
respectively), as well as updating the
descriptions by making editorial
changes, replacing the term Notice to
Airmen with Notice to Air Missions,
and replacing the term Airport/Facility
Directory with Chart Supplement in the
appropriate descriptions. This action is
an administrative change and does not
affect the airspace boundaries or
operating requirements; therefore,
notice and public procedure under 5
U.S.C. 553(b) is unnecessary.
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Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order JO 7400.11H,
Airspace Designations and Reporting
Points, dated August 11, 2023, and
effective September 15, 2023, is
amended as follows:
■
Paragraph 5000
Class D Airspace.
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[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Rules and Regulations]
[Pages 86036-86039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27115]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1723; Project Identifier MCAI-2023-00457-T;
Amendment 39-22605; AD 2023-23-03]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A330-200 Freighter series airplanes. This AD was
prompted by a widespread fatigue damage (WFD) evaluation on Airbus SAS
Model A330-200 Freighter series airplanes, which found that the
circumferential joint at Frame 58 (near the rear fuselage) is
susceptible to WFD. This AD requires a modification to reinforce the
circumferential joints at Frame 58 and, if necessary, corrective
action, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective January 16, 2024.
[[Page 86037]]
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 16,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1723; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For material incorporated by reference in this AD, 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.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-1723.
FOR FURTHER INFORMATION CONTACT: Tim Dowling, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone:
206-231-3667; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A330-223F and -243F airplanes. The NPRM published in the Federal
Register on August 31, 2023 (88 FR 60157). The NPRM was prompted by AD
2023-0053, dated March 14, 2023, issued by EASA, which is the Technical
Agent for the Member States of the European Union (EASA AD 2023-0053)
(also referred to as the MCAI). The MCAI states that within the scope
of WFD evaluations on Model A330-200 Freighter series airplanes, it was
determined that the circumferential joint at Frame 58 (near the rear
fuselage) is susceptible to WFD. WFD, if not corrected, may lead to
crack initiation and undetected propagation, which could affect the
structural integrity of the airplane.
In the NPRM, the FAA proposed to require a modification to
reinforce the circumferential joints at Frame 58 and, if necessary,
corrective action, as specified in EASA AD 2023-0053. The FAA is
issuing this AD to address the unsafe condition on these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1723.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Additional Change to This AD
The FAA revised paragraph (h)(3) of this AD to clarify that if any
discrepancy other than cracking is found, operators must obtain
instructions and accomplish those instructions accordingly. If cracking
is found, operators must obtain instructions and repair the cracking
before further flight. In the NPRM, the FAA inadvertently specified
only cracking as a discrepancy; however, incorrect hole diameters are
also a possible discrepancy.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, and any other changes described
previously, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0053 specifies procedures for a modification
(including rotating probe inspections for discrepancies and measurement
of the maximum hole diameter at any point in the fastener hole bores on
the circumferential joints) to reinforce the circumferential joints at
Frame 58 and, if any discrepancies (cracking or measurements that are
outside the acceptable hole diameters) are found, corrective action
(contacting the manufacturer for instructions and accomplishing those
instructions). This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
Explanation of Compliance Time
The compliance time for the replacement specified in this AD for
addressing WFD was established to ensure that certain structure is
replaced before WFD develops in airplanes. Standard inspection
techniques cannot be relied on to detect WFD before it becomes a hazard
to flight. The FAA will not grant any extensions of the compliance time
to complete any AD-mandated service bulletin related to WFD without
extensive new data that would substantiate and clearly warrant such an
extension.
Costs of Compliance
The FAA estimates that this AD will affect 6 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
368 work-hours x $85 per hour = $31,280...................... $7,700 $38,980 $233,880
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more
[[Page 86038]]
detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2023-23-03 Airbus SAS: Amendment 39-22605; Docket No. FAA-2023-1723;
Project Identifier CAI-2023-00457-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 16, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model A330-223F and -243F
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a widespread fatigue damage (WFD)
evaluation on Model A330-200 Freighter series airplanes, which found
that the circumferential joint at Frame 58 (near the rear fuselage)
is susceptible to WFD. The FAA is issuing this AD to address WFD in
the affected area. The unsafe condition, if not corrected, may lead
to crack initiation and undetected propagation, which could affect
the structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0053, dated March 14, 2023 (EASA AD 2023-0053).
(h) Exceptions to EASA AD 2023-0053
(1) Where EASA AD 2023-0053 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0053.
(3) Where paragraph (2) of EASA AD 2023-0053 specifies ``if,
during the accomplishment of any inspection, which is part of the
modification as required by paragraph (1) of this AD, any
discrepancy, as identified in the SB, is detected, before next
flight, contact Airbus for approved instructions and accomplish
those instructions accordingly,'' this AD requires replacing those
words with ``if, during the accomplishment of any inspection, which
is part of the modification as required by paragraph (1) of this AD,
any discrepancy other than cracking is detected, before next flight,
contact the Manager, International Validation Branch, FAA; or EASA;
or Airbus SAS's EASA Design Organization Approval (DOA) for approved
instructions and accomplish those instructions accordingly; and if
any cracking is detected, the cracking must be repaired before
further flight using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.''
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [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
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(j) Additional Information
For more information about this AD, contact Tim Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 206-231-3667; email:
[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 2023-0053,
dated March 14, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0053, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[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 at the National Archives and
Records Administration (NARA). For information on
[[Page 86039]]
the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on November 9, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-27115 Filed 12-11-23; 8:45 am]
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