[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20735-20738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07135]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1242; Project Identifier MCAI-2022-00433-T; 
Amendment 39-22379; AD 2023-05-10]
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, A340-300, A340-500, and A340-600 series airplanes. 
This AD was prompted by a report that an A319 airplane lost the right-
hand front windshield in flight. Due to the design similarity, this 
condition can also exist or develop on Model A330 and A340 airplanes. 
This AD requires repetitive detailed inspections (DET) and electrical 
test measurements (ETM) of the affected parts and applicable corrective 
action, and prohibits the installation of affected parts under certain 
conditions, 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 May 12, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 12, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1242; 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-2022-1242.

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 
A330-201, 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, A330-743L, A330-841, A330-941, A340-211, A340-212, 
A340-213, A340-311, A340-312, A340-313, A340-541, A340-542, A340-642, 
and A340-643 airplanes. The NPRM published in the Federal Register on 
September 30, 2022 (87 FR 59342). The NPRM was prompted by AD 2022-
0057, dated March 28, 2022, issued by EASA, which is the Technical 
Agent for the Member States of the European Union (EASA AD 2022-0057) 
(also referred to as the MCAI). The MCAI states that a Model A319 
airplane lost the right-hand front windshield in flight, with 
consequent rapid cockpit depressurization, causing damage to cockpit 
items/systems and significant increase of flightcrew workload. The 
investigations identified several contributing factors, including 
manufacturing variability, fretting between windshield components, 
water ingress, and electrical braids corrosion, which led to a thermal 
shock/overheat, damaging more than one windshield structural ply and 
impairing the structural integrity of the windshield. Due to the design 
similarity, this condition can also exist or develop on Model A330 and 
A340 airplanes. This condition, if not addressed, could possibly result 
in injury to the flightcrew and in-flight depressurization of the 
airplane, and would significantly increase pilot workload.
    In the NPRM, the FAA proposed to require repetitive DET and ETM of 
the affected parts and applicable corrective action, and to prohibit 
the installation of affected parts under certain conditions, as 
specified in EASA AD 2022-0057. The FAA is issuing this AD to address 
possible windshield failure. This condition, if not addressed, could 
possibly result in injury to the flightcrew and in-flight 
depressurization of the airplane, and would significantly increase 
pilot workload.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1242.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.
    The FAA received additional comments from Delta Air Lines (DAL) and 
another commenter whose comments were outside the scope of this AD. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Clarify Testing Requirements

    DAL asked for clarification of whether a windshield that fails the 
DET must have the ETM performed before it is

[[Page 20736]]

replaced. DAL noted that, according to EASA AD 2022-0057 paragraphs (2) 
and (4), an ETM is to follow any DET. However, paragraphs (6) and (7) 
of EASA AD 2022-0057 prescribe corrective action (part replacement) for 
failing the DET or the ETM respectively, and it is unclear whether the 
ETM is required after a part fails the DET.
    The FAA agrees to clarify the windshield testing requirements. EASA 
AD 2022-0057 requires both a DET and an ETM, regardless of the 
inspection results. The DET determines whether there is delamination 
and water ingress or corrosion inside the terminal block, whereas the 
ETM involves insulation and dielectric tests that help to detect 
potential wiring insulation damage and core degradation. Since there 
are multiple contributing factors and results related to the unsafe 
condition, it is important that both the DET and ETM be accomplished so 
that the extent of the unsafe condition can be addressed. Paragraph (6) 
of the EASA AD 2022-0057 requires replacement of the affected part if 
during DET any defect is found, and paragraph (7) of the EASA AD 2022-
0057 requires replacement of the affected part in case the results of 
the ETM are found in the ``red area.''

Request To Change a Definition

    DAL requested a change to the definition of ``defect'' given in 
paragraph (h)(2) of the proposed AD. DAL recommended using the DET 
``pass/fail'' criteria given in the vendor service information as the 
definition, because ``defect'' is not defined in either the MCAI or the 
service information. DAL explained that the definition in the proposed 
AD includes ``manufacturing variability'' and ``fretting between 
windshield components,'' but the service information does not specify a 
search for either of these factors. Also, ``manufacturing variability'' 
cannot be inspected for without identifying what the norm would be.
    The FAA agrees to change the definition of ``defect'' to be 
consistent with the terminology in the service information. The 
definition change is based on the pass/fail criteria of the vendor 
service bulletin which specifies that if any humidity, moisture/water 
ingress, or corrosion is detected, or if the connector cannot be 
opened, the windshield must be rejected. However, the Airbus service 
information uses ``delamination and/or bubbles'' in lieu of the term 
humidity, and the FAA has determined ``delamination and/or bubbles'' is 
a more appropriate term. The FAA has changed paragraph (h)(2) of this 
AD to clarify that, for purposes of this AD, defects include evidence 
of any delamination and/or bubbles, moisture/water ingress, or 
corrosion, or a connector that cannot be opened.

Request To Allow the Use of Repair Design Approval Forms (RDAFs)

    DAL requested that the FAA approve the use of certain RDAFs as 
acceptable methods for completing certain steps specified in the 
service information, because those steps are not accomplishable as they 
are described in the service information.
    The FAA does not agree to grant the requested approval because the 
FAA has not been able to determine whether the RDAFs provide an 
acceptable method for addressing the unsafe condition. Reportedly, 
Airbus has issued these RDAFs specifically for the use by certain 
operators, including DAL, and have not granted their applicability to 
other operators. The use of these RDAFs may be approved through the 
alternative method of compliance (AMOC) process specified in paragraph 
(j)(1) of this AD if requested. This AD has not been changed.

Request for Clarification on Affected Parts

    DAL requested clarification of whether the amendment part numbers 
listed in the service information represent affected parts and 
suggested creating an additional exception in paragraph (h) of the 
proposed AD to specify this. DAL remarked that the EASA AD 2022-0057 
lists 10 affected parts. However, the vendor service information lists 
those same 10 part numbers and several amendment part numbers in its 
applicability.
    The affected parts identified in Table 1 of EASA AD 2022-0057 refer 
to all of the part numbers listed in the service information, including 
those marked as ``A'', ``B'', ``Amendt A'' or ``Amendt B'' in the table 
of windshield part numbers in the vendor service information. An 
exception has been added as paragraph (h)(4) of this AD, stating ``For 
Table 1 of EASA AD 2022-0057, the identified part numbers include those 
regardless of amendment level following the part number.''

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 the 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, and any other changes described previously, 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 2022-0057 specifies procedures for repetitive DET and ETM 
of the affected parts and applicable corrective actions. Corrective 
actions include replacement. EASA AD 2022-0057 also limits the 
installation of affected parts under certain conditions. 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 131 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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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................              $0             $425          $55,675
----------------------------------------------------------------------------------------------------------------

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

[[Page 20737]]



                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
20 work-hours x $85 per hour = $1,700.........................................         $11,393          $13,093
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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 adding the following new airworthiness 
directive:

2023-05-10 Airbus SAS: Amendment 39-22379; Docket No. FAA-2022-1242; 
Project Identifier MCAI-2022-00433-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 12, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (9) of this AD, certificated in any 
category.
    (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.
    (6) Model A340-211, -212, and -213 airplanes.
    (7) Model A340-311, -312, and -313 airplanes.
    (8) Model A340-541 airplanes.
    (9) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 56, Windows.

(e) Unsafe Condition

    This AD was prompted by a report that a Model A319 airplane lost 
the right-hand front windshield in flight. Due to the design 
similarity, this condition can also exist or develop on Model A330 
and A340 series airplanes. The FAA is issuing this AD to address 
possible windshield failure. This condition, if not addressed, could 
possibly result in injury to the flightcrew and in-flight 
depressurization of the airplane, and would significantly increase 
pilot workload.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2022-0057, dated March 28, 2022 (EASA AD 2022-0057).

(h) Exceptions to EASA AD 2022-0057

    (1) Where EASA AD 2022-0057 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (6) of EASA AD 2022-0057 refers to a 
``defect, as identified in the SB,'' for purposes of this AD, 
defects include evidence of any delamination and/or bubbles, 
moisture/water ingress, or corrosion, or a connector that cannot be 
opened.
    (3) The ``Remarks'' section of EASA AD 2022-0057 does not apply 
to this AD.
    (4) For Table 1 of EASA AD 2022-0057, the identified part 
numbers include those regardless of amendment level following the 
part number.

(i) No Reporting Requirement

    Although paragraphs (11) and (12) of EASA AD 2022-0057 and the 
service information referenced therein specify to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

(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) 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 (j)(2) of this AD, if any service information contains 
procedures

[[Page 20738]]

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) 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].

(l) 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 2022-0057, 
dated March 28, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0057, 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 March 9, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07135 Filed 4-6-23; 8:45 am]
BILLING CODE 4910-13-P