[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Proposed Rules]
[Pages 17198-17201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06392]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / 
Proposed Rules  

[[Page 17198]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0380; Project Identifier MCAI-2021-01178-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus SAS Model A330-200 series airplanes, Model A330-200 
Freighter series airplanes, and Model A330-300 series airplanes. This 
proposed AD was prompted by a determination that certain service 
information specified in AD 2018-20-19 contained instructions that 
could be misleading, resulting in a necessary inspection not being 
accomplished on certain airplanes. This proposed AD would require a 
rototest for certain modified airplanes for any crack around the right-
side upper and lower bulk door support or door latch fitting holes at 
certain bulk cargo door frames, or repetitive inspections for any crack 
at certain fittings, and on-condition actions, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is proposed for 
incorporation by reference. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 12, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this material on the EASA website at 
https://ad.easa.europa.eu.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0380; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this NPRM, the 
mandatory continuing airworthiness information (MCAI), any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; 
email [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-2022-0380; Project Identifier 
MCAI-2021-01178-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, WA 
98198; telephone and fax 206-231-3229; email [email protected]. 
Any commentary that the FAA receives which is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0233, dated October 27, 2021 
(EASA AD 2021-0233) (also referred to as the MCAI), to correct an 
unsafe condition for certain Airbus SAS Model A330-200 series 
airplanes, Model A330-200 Freighter series airplanes, and Model A330-
300 series airplanes.
    This proposed AD was prompted by a determination that tartaric 
sulfuric anodizing (TSA)/chromic acid anodizing (CAA) surface treatment 
in the door fitting attachment holes leads to a detrimental effect on 
fatigue behavior; and that certain service information specified in AD 
2018-20-19, Amendment 39-19453 (83 FR 52126, October 16, 2018) (AD 
2018-20-19) contains instructions that could be misleading, resulting 
in a necessary inspection not being accomplished on certain airplanes. 
The potentially

[[Page 17199]]

misleading instructions are for an optional action, and apply only to 
model A330-200, A330-200 Freighter, and A330-300 airplanes, therefore 
this AD does not propose to supersede AD 2018-20-19. The FAA is 
proposing this AD to address possible fatigue cracks in the bulk cargo 
door frames, caused by TSA/CAA surface treatment in frame (FR) 67 and 
FR 69 bulk cargo door frame attachment holes. Cracks in the bulk cargo 
door frames can cause the in-flight loss of a bulk cargo door, damage 
to the airplane, and subsequent reduced control of the airplane. See 
the MCAI for additional background information.
    AD 2018-20-19 superseded AD 2017-16-07, Amendment 39-18984 (82 FR 
41874, September 5, 2017) (AD 2017-16-07), and applies to certain 
Airbus SAS Model A330-200 series airplanes, Model A330-200 Freighter 
series airplanes, Model A330-300 series airplanes, Model A340-200 
series airplanes, and Model A340-300 series airplanes. AD 2018-20-19 
was prompted by a determination that only airplanes having manufacturer 
serial numbers (MSNs) 0400 through 1779 inclusive are affected by TSA/
CAA surface treatment in the door fitting attachment holes, and that 
airplanes having MSNs 0001 through 0399 inclusive were excluded from AD 
2017-16-07. AD 2018-20-19 requires new inspections of certain 
attachment holes for residual surface treatment and cracking, and 
corrective action if necessary; and provides an optional terminating 
action for the inspections. Since AD 2018-20-09 was issued, it was 
determined that the service bulletin used for the optional modification 
on certain airplanes, Airbus Service Bulletin A330-53-3275, dated 
September 8, 2017, contained instructions that could be misleading. As 
a result, the special detailed inspection (rototest inspection) that 
was intended to be accomplished prior to accomplishing the optional 
modification may not have been accomplished on all airplanes. This 
proposed AD would therefore require a rototest for any crack around the 
holes at the holes of the upper and lower door support fittings of FR67 
and FR69 on the right hand side and the holes at door latch fittings of 
FR69 on the right hand side, or repetitive detailed inspections for 
cracks of the frame around the fittings, or high frequency eddy current 
(HFEC) and ultrasonic inspections of the upper door supper fitting 
holes and rototests of the lower door fitting holes of the door latch 
fittings at FR69, and on-condition actions.
    These proposed actions would be required for Airbus SAS Model A330-
200 series airplanes, Model A330-200 Freighter series airplanes, and 
Model A330-300 series airplanes, MSN 1 through 1779 inclusive, on which 
Airbus Service Bulletin A330-53-3275 was embodied, except those 
airplanes on which during the embodiment of that service bulletin the 
rototest inspection was accomplished with no defect detected or any 
defects corrected, as applicable, as specified in Airbus Service 
Bulletin A330-53-3275.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0233 specifies procedures for a rototest for any crack 
around the holes at the upper and lower door support fittings of frame 
(FR)67 and FR69 right hand side and the holes at door latch fitting of 
FR69 right hand side; or repetitive detailed inspections of the frame 
around the fittings, or HFEC and ultrasonic inspections of the upper 
door supper fitting holes and rototests of the lower door fitting holes 
of the door latch fittings at FR69 for any crack; and on-condition 
actions. On-condition actions include installing new (never installed 
on an airplane) bushes to the latch fittings of FR69 and repair, and a 
rototest of the support fittings and the frame holes at FR67.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop in other products of these same type designs.

Proposed AD Requirements in this NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0233 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2021-0233 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0233 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2021-0233 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0233. Service information required by EASA AD 2021-0233 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0380 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 109 airplanes 
of U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                   Parts cost        Cost per product          Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 15 work-hours x $85 per hour =                $0   Up to $1,275............  Up to $138,975.
 $1,275.
----------------------------------------------------------------------------------------------------------------


[[Page 17200]]

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required or optional actions. The FAA has no way of determining the 
number of aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255....          $1,915           $2,340
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the repairs specified in this proposed AD.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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:

Airbus SAS: Docket No. FAA-2022-0380; Project Identifier MCAI-2021-
01178-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 12, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes identified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2021-0233, dated October 27, 2021 (EASA AD 2021-0233).
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a determination that tartaric sulfuric 
anodizing (TSA)/chromic acid anodizing (CAA) surface treatment in 
the door fitting attachment holes leads to a detrimental effect on 
fatigue behavior; and that certain service information specified in 
AD 2018-20-19 contains instructions that could be misleading, 
resulting in a necessary inspection not being accomplished on 
certain airplanes. The FAA is issuing this AD to address possible 
fatigue cracks in the bulk cargo door frames, caused by TSA/CAA 
surface treatment in frame (FR) 67 and FR 69 cargo door frame 
attachment holes. Cracks in the bulk cargo door frames can cause the 
in-flight loss of a bulk cargo door, damage to the airplane, and 
subsequent reduced control of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2021-0233.

(h) Exceptions to EASA AD 2021-0233

    (1) Where EASA AD 2021-0233 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0233 does not apply 
to this AD.
    (3) Where paragraph (4) of EASA AD 2021-0233 specifies to 
``accomplish those instructions accordingly'' if discrepancies are 
detected, for this AD a discrepancy is any crack, and if any 
cracking is detected, the cracking must be repaired before further 
flight using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or Airbus 
SAS's EASA Design Organization Approval (DOA). If approved by the 
DOA, the approval must include the DOA-authorized signature.
    (4) Where paragraph (4) of EASA AD 2021-0233 specifies to 
``contact Airbus for approved repair instructions,'' for this AD use 
``accomplish corrective actions in accordance with the instructions 
of the SB and contact the Manager, Large Aircraft Section, 
International Validation Branch, FAA; or EASA; or Airbus SAS's EASA 
DOA for approved repair instructions. If approved by the DOA, the 
approval must include the DOA-authorized signature''
    (5) Although the service information referenced in EASA AD 2021-
0233 specifies to do a check of the aircraft records for 
accomplishment of certain service information, and specifies that 
action as ``RC,'' (required for compliance), this AD does not 
include that requirement.
    (6) Where the Applicability section of EASA AD 2021-0233 refers 
to ``defects,'' for this AD ``defects'' are cracks.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0233 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

[[Page 17201]]

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (k)(2) of 
this AD. Information may be emailed to: [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, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or Airbus 
SAS's EASA Design Organization Approval (DOA). If approved by the 
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraphs (h)(3) and (4), (i), and (j)(2) of this AD, if any 
service information contains procedures or tests that are identified 
as RC, those procedures and tests must be done to comply with this 
AD; any procedures or tests that are not identified as RC are 
recommended. Those procedures and tests that are not identified as 
RC may be deviated from using accepted methods in accordance with 
the operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(k) Related Information

    (1) For EASA AD 2021-0233, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; Internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu. You may 
view this material at the FAA, Airworthiness Products Section, 
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195. This material may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0380.
    (2) For more information about this AD, contact Vladimir 
Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, 
WA 98198; telephone and fax 206-231-3229; email 
[email protected].

    Issued on March 22, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-06392 Filed 3-25-22; 8:45 am]
BILLING CODE 4910-13-P