[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Proposed Rules]
[Pages 35465-35469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12406]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0673; Project Identifier MCAI-2021-01282-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2017-10-17, which applies to certain Airbus SAS Model A330-200; A330-
200 Freighter; and A330-300 series airplanes. AD 2017-10-17 requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new fuel airworthiness limitations. Since the FAA issued 
AD 2017-10-17, the FAA has determined that new or more restrictive fuel 
airworthiness limitations and tasks are necessary. This proposed AD 
would continue to require the actions in AD 2017-10-17 and require 
revising the existing maintenance or inspection program, as applicable, 
to incorporate additional new or more restrictive fuel airworthiness 
limitations and tasks, as specified in a European Union Aviation Safety 
Agency (EASA) AD, which is proposed for incorporation by reference. 
This proposed AD would also expand the applicability to include 
additional airplane models. 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 July 25, 
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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For EASA material that will be incorporated by reference (IBR) in 
this

[[Page 35466]]

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. For Airbus SAS service information 
identified in this proposed AD, contact Airbus SAS, Airworthiness 
Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, 
France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email 
[email protected]; internet https://www.airbus.com. 
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 https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0673.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0673; 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 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-2022-0673; Project Identifier 
MCAI-2021-01282-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 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

    The FAA issued AD 2017-10-17, Amendment 39-18891 (82 FR 24017, May 
25, 2017) (AD 2017-10-17), which applies to certain Airbus SAS Model 
A330-223F and -243F airplanes; Model A330-201, -202, -203, -223, and -
243 airplanes; Model A330-301, -302, -303, -321, -322, -323, -341, -
342, and -343 airplanes. AD 2017-10-17 requires revising the existing 
maintenance or inspection program, as applicable, to include new fuel 
airworthiness limitations. The FAA issued AD 2017-10-17 to address the 
potential of ignition sources inside fuel tanks, which, in combination 
with flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane.

Actions Since AD 2017-10-17 Was Issued

    Since the FAA issued AD 2017-10-17, the FAA has determined that new 
or more restrictive fuel airworthiness limitations and tasks are 
necessary. In addition, Model A330-841 and -941 airplanes have been 
type certificated in the United States and added to the applicability 
of this proposed AD.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0252, dated November 17, 2021 
(EASA AD 2021-0252) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A330-223F and -243F 
airplanes; Model A330-201, -202, -203, -223, and -243 airplanes; Model 
A330-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes; 
A330-841 airplanes; and Model A330-941 airplanes.
    Airplanes with an original airworthiness certificate or original 
export certificate of airworthiness issued after July 1, 2021, 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.
    This proposed AD was prompted by a determination that new or more 
restrictive fuel airworthiness limitations and tasks are necessary. The 
FAA is proposing this AD to address the potential of ignition sources 
inside fuel tanks, which, in combination with flammable fuel vapors, 
could result in fuel tank explosions and consequent loss of the 
airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0252 describes new or more restrictive fuel 
airworthiness limitations and tasks.
    This AD would also require Airbus A330 Airworthiness Limitations 
Section (ALS) Part 5--Fuel Airworthiness Limitations (FAL), Revision 
01, dated October 28, 2015, which the Director of the Federal Register 
approved for incorporation by reference as of June 29, 2017 (82 FR 
24017, May 25, 2017).
    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 and service information referenced above. The FAA is issuing 
this NPRM after determining that the unsafe condition described 
previously is

[[Page 35467]]

likely to exist or develop in other products of these same type 
designs.

Proposed AD Requirements in This NPRM

    This proposed AD would retain the requirements of AD 2017-10-17. 
This proposed AD would also require revising the existing maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive fuel airworthiness limitations and tasks, which are 
specified in EASA AD 2021-0252 described previously, as proposed for 
incorporation by reference. Any differences with EASA AD 2021-0252 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) and 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and CDCCLs 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 (l)(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 incorporate EASA AD 2021-0252 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0252 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 2021-0252 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-
0252. Service information required by EASA AD 2021-0252 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0673 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), intervals, or CDCCLs may be used unless the actions, 
intervals, and CDCCLs are approved as an AMOC in accordance with the 
procedures specified in the AMOCs paragraph under ``Additional FAA 
Provisions.'' This new format includes a ``New Provisions for 
Alternative Actions, Intervals, and CDCCLs'' paragraph that does not 
specifically refer to AMOCs, but operators may still request an AMOC to 
use an alternative action, interval, or CDCCL.

Costs of Compliance

    The FAA estimates that this proposed AD affects 138 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 2017-10-17 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:

[[Page 35468]]

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:
0
a. Removing Airworthiness Directive (AD) 2017-10-17, Amendment 39-18891 
(82 FR 24017, May 25, 2017); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-0673; Project Identifier MCAI-2021-
01282-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 25, 2022.

(b) Affected ADs

    This AD replaces AD 2017-10-17, Amendment 39-18891 (82 FR 24017, 
May 25, 2017) (AD 2017-10-17).

(c) Applicability

    This AD applies to Airbus SAS Model airplanes identified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category, with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before July 1, 
2021.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (4) Model A330-841, and -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 fuel airworthiness limitations and tasks are necessary. 
The FAA is issuing this AD to address the potential of ignition 
sources inside fuel tanks, which, in combination with flammable fuel 
vapors, could result in fuel tank explosions and consequent loss 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 (j) of AD 
2017-10-17, with no changes. For airplanes identified in paragraphs 
(c)(1) through (3) with an original certificate of airworthiness or 
original export certificate of airworthiness issued on or before 
October 28, 2015: Within 3 months after June 29, 2017 (the effective 
date of AD 2017-10-17), revise the existing maintenance or 
inspection program, as applicable, to incorporate Airbus A330 
Airworthiness Limitations Section (ALS) Part 5--Fuel Airworthiness 
Limitations (FAL), Revision 01, dated October 28, 2015. The 
compliance times for accomplishing the initial tasks specified in 
Airbus A330 ALS Part 5--FAL, Revision 01, dated October 28, 2015, 
are at the times specified in Airbus A330 ALS Part 5--FAL, Revision 
01, dated October 28, 2015, or within 3 months after revising the 
maintenance or inspection program as required by paragraph (g) of 
this AD, whichever occurs later. Accomplishing the revision of the 
existing maintenance or inspection program required by paragraph (i) 
of this AD terminates the requirements of this paragraph.

(h) Retained Restrictions on Alternative Actions, Intervals, and 
Critical Design Configuration Control Limitations (CDCCLs), With a New 
Exception

    This paragraph restates the requirements of paragraph (k) of AD 
2017-10-17, with a new exception. Except as required by paragraph 
(i) of this AD, after accomplishing the revision required by 
paragraph (g) of this AD, no alternative actions (e.g., 
inspections), intervals, or CDCCLs may be used unless the actions, 
intervals, or CDCCLs are approved as an AMOC in accordance with the 
procedures specified in paragraph (l)(1) of this AD.

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

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2021-0252, dated November 17, 2021 (EASA AD 2021-0252). 
Accomplishing the revision of the existing maintenance or inspection 
program required by this paragraph terminates the requirements of 
paragraph (g) of this AD.

(j) Exceptions to EASA AD 2021-0252

    (1) Where EASA AD 2021-0252 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2021-0252 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0252 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 the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2021-0252 is at the applicable 
``limitations'' and ``intervals'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2021-0252, or within 90 
days after the effective date of this AD, whichever occurs later.
    (5) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2021-0252 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0252 does not apply 
to this AD.

(k) New Provisions for Alternative Actions, Intervals, and CDCCLs

    After the existing maintenance or inspection program has been 
revised as required by paragraph (i) of this AD, no alternative 
actions (e.g., inspections), intervals, and CDCCLs are allowed 
unless they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2021-0252.

(l) Additional FAA 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 (m)(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.

(m) Related Information

    (1) For EASA AD 2021-0252, 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-
2022-0673.
    (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 206-231-3229; email [email protected].
    (3) For Airbus SAS service information identified in this AD, 
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile 
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 
36 96; fax +33 5 61 93 45 80; email [email protected]; internet https://www.airbus.com. 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.


[[Page 35469]]


    Issued on June 3, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-12406 Filed 6-9-22; 8:45 am]
BILLING CODE 4910-13-P