[Federal Register Volume 87, Number 162 (Tuesday, August 23, 2022)]
[Rules and Regulations]
[Pages 51585-51587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18114]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0586; Project Identifier MCAI-2021-01262-T; 
Amendment 39-22136; AD 2022-16-07]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2016-26-05 
and AD 2019-21-02, which applied to certain Airbus SAS Model A330-200, 
A330-200 Freighter, and A330-300 series airplanes. AD 2016-26-05 and AD 
2019-21-02 required revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations. This AD was prompted by a determination that 
new or more restrictive airworthiness limitations are necessary, and 
that new airplanes have been added to the applicability. This AD 
continues to require the actions in AD 2019-21-02, and also requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate additional new or more restrictive airworthiness 
limitations, as specified in a European Union Aviation Safety Agency 
(EASA) The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective September 27, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
27, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of 
November 29, 2019 (84 FR 57313, October 25, 2019).

ADDRESSES: For EASA material 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 IBR material on the EASA website 
at ad.easa.europa.eu. For Airbus service information identified in this 
final rule, 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 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 www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0586.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0586; 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.

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:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0248, dated November 15, 2021 
(EASA AD 2021-0248) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model Airbus A330-201, A330-202, 
A330-203, A330-223, A330-223F, A330-243, A330-243F, A330-301, A330-302, 
A330-303, A330-321, A330-322, A330-323, A330-341, A330-342, A330-343, 
A330-841, and A330-941 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2016-26-05, Amendment 39 18763 (82 FR 1170, 
January 5, 2017) (AD 2019-21-02) and AD 2019-21-02, Amendment 39-19768 
(84 FR 57313, October 25, 2019) (AD 2019-21-02). AD 2019-21-02 applied 
to certain Airbus SAS Model A330-200, A330-200 Freighter, and A330-300 
series airplanes, and specifies that accomplishing the revision 
required by that AD terminates all requirements of AD 2016-26-05. The 
NPRM published

[[Page 51586]]

in the Federal Register on May 20, 2022 (87 FR 30840). The NPRM was 
prompted by a determination that new or more restrictive airworthiness 
limitations are necessary, and that new airplanes have been added to 
the applicability. The NPRM proposed to continue to require the actions 
in AD 2019-21-02 and require revising the existing maintenance or 
inspection program, as applicable, to incorporate additional new or 
more restrictive airworthiness limitations, as specified in EASA AD 
2021-0248.
    The FAA is issuing this AD to address a safety-significant latent 
failure (that is not annunciated) that, in combination with one or more 
other specific failures or events, could result in a hazardous or 
catastrophic failure condition. See the MCAI for additional background 
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
requires adopting this AD as proposed. Except for minor editorial 
changes, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator. Accordingly, 
the FAA is issuing this AD to address the unsafe condition on these 
products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0248 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits, and adds new 
models to the applicability.
    This AD also requires Airbus A330 Airworthiness Limitations Section 
(ALS) Part 3-Certification Maintenance Requirements (CMR), Revision 06, 
dated October 15, 2018; and Airbus A330 ALS Part 3-Certification 
Maintenance Requirements (CMR), Variation 6.1, dated June 28, 2019; 
which the Director of the Federal Register approved for incorporation 
by reference as of November 29, 2019 (84 FR 57313, October 25, 2019).
    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.

Costs of Compliance

    The FAA estimates that this AD affects 138 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2019-21-02 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 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

    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:
0
a. Removing Airworthiness Directive 2016-26-05, Amendment 39-18763 (82 
FR 1170, January 5, 2017); and Airworthiness Directive 2019-21-02, 
Amendment 39-19768 (84 FR 57313, October 25, 2019); and
0
b. Adding the following new airworthiness directive:

2022-16-07 Airbus SAS: Amendment 39-22136; Docket No. FAA-2022-0586; 
Project Identifier MCAI-2021-01262-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 27, 
2022.

(b) Affected ADs

    This AD replaces AD 2016-26-05, Amendment 39-18763 (82 FR 1170, 
January 5, 2017) (AD 2016-26-05); and AD 2019-21-02, Amendment 39-
19768 (84 FR 57313, October 25, 2019) (AD 2019-21-02).

(c) Applicability

    This AD applies to Airbus SAS Model A330-201, -202, -203, -223, 
-223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, 
-343, -841, and -941 airplanes, certificated in any category, with 
an original airworthiness certificate or original export certificate 
of airworthiness issued on or before July 1, 2021.

(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, and that new 
airplanes have been added to the applicability. The FAA is issuing 
this AD to address a safety-significant latent failure (that is not 
annunciated) that, in combination with one or more other specific 
failures or events, could result in a hazardous or catastrophic 
failure condition.

[[Page 51587]]

(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 (g) of AD 
2019-21-02, with no changes. For Model A330-201, -202, -203, -223, -
223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes with an original airworthiness certificate or 
original export certificate of airworthiness issued on or before 
October 15, 2018: Within 90 days after November 29, 2019 (the 
effective date of AD 2019-21-02), revise the existing maintenance or 
inspection program, as applicable, to incorporate the information 
specified in Airbus A330 Airworthiness Limitations Section (ALS) 
Part 3--Certification Maintenance Requirements (CMR), Revision 06, 
dated October 15, 2018, as supplemented by Airbus A330 ALS Part 3--
Certification Maintenance Requirements (CMR), Variation 6.1, dated 
June 28, 2019. The initial compliance times for doing the tasks is 
at the time specified in Airbus A330 Airworthiness Limitations 
Section (ALS) Part 3--Certification Maintenance Requirements (CMR), 
Revision 06, dated October 15, 2018, as supplemented by Airbus A330 
ALS Part 3--Certification Maintenance Requirements (CMR), Variation 
6.1, dated June 28, 2019, or within 90 days after November 29, 2019, 
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 No Alternative Actions or Intervals, With a New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2019-21-02, with a new exception. Except as required by paragraph 
(i) of this AD, after the maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals are approved as an alternative method of 
compliance (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 
2021-0248, dated November 15, 2021 (EASA AD 2021-0248). 
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 2021-0248

    (1) Where EASA AD 2021-0248 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 2021-0248 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0248 specifies revising ``the 
approved AMP [aircraft maintenance program]'' 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 2021-0248 is at the applicable ``associated 
thresholds,'' as incorporated by the requirements of paragraph (3) 
of EASA AD 2021-0248, 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 2021-0248 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0248 does not apply 
to this AD.

(k) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (i) 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 2021-0248.

(l) 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 (m) 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) AMOCs approved previously for AD 2019-21-02 are approved as 
AMOCs for the corresponding provisions of EASA AD 2021-0248 that are 
required by paragraph (g) of this AD.
    (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

    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].

(n) 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 
September 27, 2022.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0248, 
dated November 15, 2021.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
November 29, 2019 (84 FR 57313, October 25, 2019).
    (i) Airbus A330 Airworthiness Limitations Section (ALS) Part 3--
Certification Maintenance Requirements (CMR), Revision 06, dated 
October 15, 2018.
    (ii) Airbus A330 ALS Part 3--Certification Maintenance 
Requirements (CMR), Variation 6.1, dated June 28, 2019.
    (5) For EASA AD 2021-0248, 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 ad.easa.europa.eu.
    (6) For Airbus 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 www.airbus.com.
    (7) 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.
    (8) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-18114 Filed 8-22-22; 8:45 am]
BILLING CODE 4910-13-P