[Federal Register Volume 88, Number 22 (Thursday, February 2, 2023)]
[Rules and Regulations]
[Pages 6974-6976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02007]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1166; Project Identifier MCAI-2022-00407-T; 
Amendment 39-22297; AD 2023-01-03]
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, A330-200 Freighter, A330-300, A330-800, 
A330-900, A340-200, and A340-300 series airplanes. This AD was prompted 
by a determination that certain landing gear parts have been 
manufactured with improper material or using a deviating manufacturing 
process. This AD requires replacing each affected part with a 
serviceable part, and for certain airplanes, re-assessing any 
previously repaired main landing gear (MLG) sliding piston, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. This AD also limits the installation of 
affected parts under certain conditions. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective March 9, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 9, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1166; 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-2022-1166.

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

    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 
A330-200, A330-200 Freighter, A330-300, A330-800, A330-900, A340-200, 
and A340-300 series airplanes. The NPRM published in the Federal 
Register on September 19, 2022 (87 FR 57153). The NPRM was prompted by 
AD 2022-0049, dated March 21, 2022, issued by EASA, which is the 
Technical Agent for the Member States of the European Union (EASA AD 
2022-0049) (also referred to as the MCAI). The MCAI states that certain 
landing gear parts have been

[[Page 6975]]

manufactured with improper material and/or using a deviating 
manufacturing processes. This condition, if not corrected, could lead 
to nose landing gear (NLG) or MLG structural fatigue failure and 
subsequent collapse of a landing gear, possibly resulting in damage to 
the airplane and injury to occupants.
    In the NPRM, the FAA proposed to require replacing each affected 
part with a serviceable part, and for certain airplanes, re-assessing 
any previously repaired MLG sliding piston, as specified in EASA AD 
2022-0049. The NPRM also proposed to limit the installation of affected 
parts under certain conditions. The FAA is issuing this AD to address 
possible NLG or MLG structural fatigue failure and subsequent collapse, 
which could result in damage to the airplane and injury to occupants.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from The Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.
    The FAA received an additional comment from American Airlines. The 
following presents the comment received on the NPRM and the FAA's 
response.

Request To Allow Maintenance Records Review for Identification of 
Affected Parts

    American Airlines (AAL) requested that operators be allowed to use 
a maintenance records review for identifying affected parts. AAL 
asserted that a maintenance records review is usually permitted for 
identifying affected parts ``provided the part number and serial number 
of each component can be conclusively identified by that review.'' AAL 
added that it asked EASA about this issue and EASA stated that ``. . . 
any method, which is acceptable to the NAA responsible for AD 
enforcing, is acceptable'' for determining whether a part is affected. 
AAL noted that it does not believe the EASA response allows FAA 
operators to use a maintenance records review.
    The FAA agrees to clarify. This AD does not directly require 
determining whether or not a part is affected, but instead requires 
actions for airplanes that have an affected part installed and limits 
the installation of affected parts. Therefore, operators may use any 
method they choose, including a records review, for determining whether 
they have an affected part, provided the part number and serial number 
can be conclusively determined. Since the determination is not an AD 
requirement, the FAA has not changed this AD regarding this issue.

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, considered the 
comments received, 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, 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 2022-0049 specifies procedures for replacing each affected 
part with a serviceable part before exceeding the applicable revised 
life limit, and, for airplanes with a previously repaired MLG sliding 
piston, re-assessing the repaired part, which involves obtaining and 
following instructions from the FAA, EASA, or Airbus SAS's EASA Design 
Organization Approval (DOA). 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 128 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
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              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
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Up to 49 work-hours x $85 per hour =   Up to $692,323 (per      Up to $696,489 (per      Up to $89,150,592.
 $4,165 (per MLG).                      MLG).                    MLG).
Up to 11 work-hours x $85 per hour =   Up to $260,410.........  Up to $261,346.........  Up to $33,452,288.
 $935 (NLG).
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* The FAA notes that not every MLG or NLG will need to be replaced on every airplane and that operators may have
  serviceable parts in stock, thereby reducing the costs on U.S. operators. Depending on the flight hours and
  landings on the landing gear, the FAA estimates that the replacement period for all affected MLG and NLG will
  be more than two years. Additionally, the FAA has received no definitive data on which to base the cost
  estimates for the re-assessment 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 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:

[[Page 6976]]

    (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:

2023-01-03 Airbus SAS: Amendment 39-22297; Docket No. FAA-2022-1166; 
Project Identifier MCAI-2022-00407-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 9, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (7) of this AD, certificated in any 
category.
    (1) Model A330-201, -202, -203, -223, -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.
    (6) Model A340-211, -212, and -213 airplanes.
    (7) Model A340-311, -312, and -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Unsafe Condition

    This AD was prompted by a determination that certain landing 
gear parts have been manufactured with improper material or using a 
deviating manufacturing processes. The FAA is issuing this AD to 
address possible nose landing gear (NLG) or main landing gear (MLG) 
structural fatigue failure and subsequent collapse, which could 
result in damage to the airplane and injury to occupants.

(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 
2022-0049, dated March 21, 2022 (EASA AD 2022-0049).

(h) Exceptions to EASA AD 2022-0049

    (1) Where the affected part and serviceable part definitions in 
EASA AD 2022-0049 refer to ``the SB,'' replace the text ``the SB'' 
with ``Airbus Service Bulletin A330-32-3302, dated January 18, 2022; 
or Airbus Service Bulletin A340-4321, dated January 18, 2022; as 
applicable.''
    (2) Where EASA AD 2022-0049 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) The ``Remarks'' section of EASA AD 2022-0049 does not apply 
to this AD.

(i) 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 (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, 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 
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 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].

(k) 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.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0049, 
dated March 21, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0049, 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 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 January 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-02007 Filed 2-1-23; 8:45 am]
 BILLING CODE 4910-13-P