[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Rules and Regulations]
[Pages 56566-56569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19809]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0591; Project Identifier MCAI-2021-01302-T; 
Amendment 39-22165; AD 2022-18-14]
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 superseding Airworthiness Directive (AD) 2017-19-
13, AD 2018-24-04, and AD 2019-23-02, which applied to certain Airbus 
SAS Model A330-200 series, A330-200 Freighter series, and A330-300 
series airplanes. ADs 2017-19-13, 2018-24-04, and 2019-23-02 required 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. This 
AD was prompted by the FAA's determination that new or more restrictive 
airworthiness limitations are necessary. This AD continues to require 
the actions in AD 2019-23-02, adds airplanes to the applicability, and 
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) 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 October 20, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 20, 
2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
December 30, 2019 (84 FR 64725, November 25, 2019).

ADDRESSES: For 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 easa.europa.eu. 
You may find this IBR 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-2022-0591.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-0591; 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 2021-0261, dated November 22, 2021 
(EASA AD 2021-0261) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A330-201, -202, -203, -223, -
243, -223F, -243F, -301, -302, -303, -321, -322, -323, -341, -342, -
343, -841, and -941 airplanes.
    Airplanes with an original airworthiness certificate or original 
export certificate of airworthiness issued after November 2, 2021, must 
comply with the airworthiness limitations specified as part of the 
approved type design and referenced on the type certificate data sheet; 
this AD therefore does not include those airplanes in the 
applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-19-13, Amendment 39-19043 (82 FR 
43837, September 20, 2017) (AD 2017-19-13); AD 2018-24-04, Amendment 
39-19508 (83 FR 60756, November 27, 2018) (AD 2018-24-04); and AD 2019-
23-02, Amendment 39-19795 (84 FR 64725, November 25, 2019) (AD 2019-23-
02), which applied to certain Airbus SAS Model A330-200 series, A330-
200 Freighter series, and A330-300 series airplanes. The NPRM published 
in the Federal Register on May 31, 2022 (87 FR 32368). The NPRM was 
prompted by

[[Page 56567]]

a determination that new or more restrictive airworthiness limitations 
are necessary. The NPRM proposed to continue requiring the actions in 
AD 2019-23-02, add airplanes to the applicability, 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 2021-0261.
    The FAA is issuing this AD to address fatigue cracking, accidental 
damage, and corrosion in principal structural elements; such fatigue 
cracking, accidental damage, and corrosion could result in reduced 
structural integrity of the airplane. See the MCAI for additional 
background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
which supported the NPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, 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 2021-0261 describes new or more restrictive airworthiness 
limitations for airplane structures, including a limit of validity 
(LOV) for Model A330-841 and A330-941 airplanes.
    This AD also requires Airbus A330 Airworthiness Limitations Section 
(ALS) Part 2, Damage Tolerant Airworthiness Limitation Items (DT-ALI), 
Revision 03, dated October 15, 2018; and Airbus A330 Airworthiness 
Limitations Section (ALS) Part 2, Damage Tolerant Airworthiness 
Limitation Items (DT-ALI), Variation 3.1, dated January 18, 2019, which 
the Director of the Federal Register approved for incorporation by 
reference as of December 30, 2019 (84 FR 64725, November 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 2019-23-02 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 AD 
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 (AD) 2017-19-13, Amendment 39-19043 
(82 FR 43837, September 20, 2017); AD 2018-24-04, Amendment 39-19508 
(83 FR 60756, November 27, 2018); and AD 2019-23-02, Amendment 39-19795 
(84 FR 64725, November 25, 2019); and
0
b. Adding the following new AD:

2022-18-14 Airbus SAS: Amendment 39-22165; Docket No. FAA-2022-0591; 
Project Identifier MCAI-2021-01302-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 20, 2022.

(b) Affected ADs

    This AD replaces the ADs specified in paragraphs (b)(1) through 
(3) of this AD.
    (1) AD 2017-19-13, Amendment 39-19043 (82 FR 43837, September 
20, 2017) (AD 2017-19-13).
    (2) AD 2018-24-04, Amendment 39-19508 (83 FR 60756, November 27, 
2018) (AD 2018-24-04).
    (3) AD 2019-23-02, Amendment 39-19795 (84 FR 64725, November 25, 
2019) (AD 2019-23-02).

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (5) of this AD, certificated in any 
category, with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before November 2, 
2021.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (4) Model A330-841 airplanes.
    (5) Model A330-941 airplanes.

(d) Subject

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

[[Page 56568]]

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, accidental damage, and 
corrosion in principal structural elements; such fatigue cracking, 
accidental damage, and corrosion could result in reduced structural 
integrity of the airplane.

(f) Compliance

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

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

    This paragraph restates the requirements of paragraph (g) of AD 
2019-23-02, with no changes. For Model A330-201, -202, -203, -223, 
and -243; A330-223F and -243F; and A330-301, -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 January 18, 2019: Within 90 days after December 30, 
2019 (the effective date AD 2019-23-02), revise the existing 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Airbus A330 Airworthiness Limitations 
Section (ALS) Part 2, Damage Tolerant Airworthiness Limitation Items 
(DT-ALI), Revision 03, dated October 15, 2018 (Airbus A330 ALS Part 
2, DT-ALI, Revision 03), as supplemented by Airbus A330 ALS Part 2, 
DT-ALI, Variation 3.1, dated January 18, 2019. The initial 
compliance time for doing the tasks is at the time specified in 
Airbus A330 ALS Part 2, DT-ALI, Revision 03, including Airbus A330 
ALS Part 2, DT-ALI, Variation 3.1, dated January 18, 2019; or within 
90 days after December 30, 2019; whichever occurs later. This AD 
does not require Section 4, ``Damage Tolerant-Airworthiness 
Limitations Items-Tasks Beyond MPPT,'' of Airbus A330 ALS Part 2, 
DT-ALI, Revision 03. 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 or Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2019-23-02, with a new exception. Except as required by paragraph 
(i) of this AD, after the existing maintenance or inspection program 
has been revised as required by paragraph (g) of this AD, no 
alternative actions (e.g., inspections) or intervals, may be used 
unless the actions and 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 
2021-0261, dated November 22, 2021 (EASA AD 2021-0261). 
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 2021-0261

    (1) Where EASA AD 2021-0261 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 2021-0261 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0261 specifies revising ``the 
AMP'' within 12 months after its effective date, but this AD 
requires revising the existing maintenance or inspection program, as 
applicable, within 90 days after the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA 2021-0261 is at the applicable ``associated 
thresholds'' as incorporated by the requirements of paragraph (3) of 
EASA AD 2021-0261, or within 90 days after the effective date of 
this AD, whichever occurs later.
    (5) This AD does not require incorporating Section 4, ``Damage 
Tolerant-Airworthiness Limitations Items-Tasks Beyond MPPT,'' of 
``the ALS'' specified in EASA AD 2021-0261.
    (6) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2021-0261 do not apply to this AD.
    (7) The ``Remarks'' section of EASA AD 2021-0261 does not apply 
to this AD.

(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 2021-0261.

(l) 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 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) The AMOC specified in letter AIR-676-19-120, dated March 5, 
2019, approved previously for AD 2018-24-04, is approved as an AMOC 
for the corresponding provisions of EASA AD 2021-0261 that are 
required by paragraph (i) of this AD for Model A330-200 and A330-300 
series airplanes modified from a passenger to freighter 
configuration under the provisions of FAA Supplemental Type 
Certificate ST04038NY.
    (iii) The AMOC specified in letter AIR-731A-20-179, dated May 
11, 2020, approved previously for AD 2019-23-02 is approved as an 
AMOC for the corresponding provisions of EASA AD 2021-0261 that are 
required by paragraph (i) of this AD for Model A330-200 and A330-300 
series airplanes modified from a passenger to freighter 
configuration under the provisions of FAA Supplemental Type 
Certificate ST04038NY.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(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 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 
October 20, 2022.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0261, 
dated November 22, 2021.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
December 30, 2019 (84 FR 64725, November 25, 2019).
    (i) Airbus A330 Airworthiness Limitations Section (ALS) Part 2, 
Damage Tolerant Airworthiness Limitation Items (DT-ALI), Revision 
03, dated October 15, 2018.
    (ii) Airbus A330 Airworthiness Limitations Section (ALS) Part 2, 
Damage Tolerant Airworthiness Limitation Items (DT-ALI), Variation 
3.1, dated January 18, 2019.
    (5) For EASA AD 2021-0261, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet 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 airbus.com">airworthiness.A330-A340@airbus.com; internet airbus.com.
    (7) 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

[[Page 56569]]

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: archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 25, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-19809 Filed 9-14-22; 8:45 am]
BILLING CODE 4910-13-P