[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Proposed Rules]
[Pages 21540-21543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07531]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0669; Project Identifier MCAI-2022-01238-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)
2006-10-13, which applies to all Airbus SAS Model A330-223, -321, -322,
and -323 airplanes. AD 2006-10-13 requires repetitive inspections of
the firewall of the lower aft pylon fairing (LAPF), and corrective
actions if necessary. AD 2006-10-13 also provides an optional
terminating action for the repetitive inspections. Since the FAA issued
AD 2006-10-13, an updated LAPF was designed, the installation of which
constitutes terminating action for the repetitive inspection required
by AD 2006-10-13. This proposed AD would continue to require the
actions specified in AD 2006-10-13, provide new optional terminating
actions, and change the applicability to exclude certain airplanes, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference (IBR). 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 May 26,
2023.
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 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0669; 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.
Material Incorporated by Reference:
For the AD identified in this NPRM, you may 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. It is also
available at regulations.gov under Docket No. FAA-2023-0669.
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.
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-2023-0669; Project Identifier
MCAI-2022-01238-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
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 2006-10-13, Amendment 39-14597 (71 FR 28250, May
16, 2006) (AD 2006-10-13), for all Airbus SAS Model A330-223, -321, -
322, and -323 airplanes. AD 2006-10-13 was prompted by MCAI originated
by the Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC),
which is the former airworthiness authority for France. DGAC issued
French airworthiness directive F-2004-028 R2, dated October 26, 2005
(DGAC France AD F-2004-028 R2), to correct an unsafe condition
identified as cracking of the LAPF firewall.
AD 2006-10-13 requires repetitive detailed inspections for cracking
of the LAPF firewall, and corrective actions if necessary. AD 2006-10-
13 also provides an optional terminating action for the repetitive
inspections. The FAA issued AD 2006-10-13 to address cracking of the
LAPF firewall, which could reduce the effectiveness of the firewall and
result in an uncontrolled engine fire.
Actions Since AD 2006-10-13 Was Issued
Since the FAA issued AD 2006-10-13, EASA, which is the Technical
Agent for the Member States of the European Union superseded DGAC
France AD F-2004-028 R2 and issued EASA AD 2022-0190, dated September
14, 2022 (EASA AD 2022-0190) (referred to after this as the MCAI), to
correct an unsafe condition on certain Airbus SAS Model A330-223, A330-
321, A330-322, and
[[Page 21541]]
A330-323 airplanes. The MCAI states that since DGAC France AD F-2004-
028 R2 was issued, Airbus designed an updated LAPF, the installation of
which also constitutes terminating action for the repetitive
inspections required by DGAC France AD F-2004-028 R2. EASA AD 2022-0190
retains the requirements of DGAC France AD F-2004-028 R2, and includes
reference to an additional optional terminating action modification.
EASA AD 2022-0190 also excludes airplanes on which the optional
terminating action was embodied in production from its applicability.
In AD 2006-10-13, the FAA included requirements related to crack
lengths greater than 1.5 inches or to multiple cracks with a combined
length greater than or equal to 1.5 inches, as well as a requirement to
repair before further flight if a crack is greater than 1.5 inches long
or if multiple cracks are found with a combined length of greater than
1.5 inches. AD 2006-10-13 also omitted a requirement to stop-drill the
crack or cracks and apply sealant before further flight for cracks that
extended to greater than 1.2 inches long but less than or equal to 1.5
inches long. The FAA has since determined that this AD should match
DGAC France AD F-2004-028 R2 and EASA AD 2022-1190 and require actions
(including stop-drilling any cracks and applying sealant) based on any
crack length being less than or equal to 30.48mm (1.2 inches) or
greater than or equal to 30.48mm (1.2 inches). The FAA has determined
that the stop-drilling and sealant application are adequate to address
any cracks and maintain the fire safety and capability of the firewall
until the required LAPF firewall repair is done as specified in EASA AD
2022-1190. This proposed AD would include a grace period for airplanes
to switch to the new proposed requirements.
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2023-0669.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2006-10-13, this proposed AD would retain certain of
the requirements of AD 2006-10-13. Those requirements are referenced in
EASA AD 2022-0190, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0190 specifies procedures for repetitively inspecting
each LAPF firewall for cracks, and performing corrective actions,
including stop-drilling the crack and applying sealants, and repairing
the LAPF firewall. EASA AD 2022-0190 also specifies terminating actions
for the repetitive inspections, including modifying and reidentifying
the LAPF or replacing the LAPF with an LAPF having part number 72A100-
713. 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
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 is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain certain requirements of AD 2006-10-
13. This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0190 described previously, except for any differences
identified as exceptions in the regulatory text 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 2022-0190 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0190 in its entirety 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 2022-0190 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 2022-
0190. Service information required by EASA AD 2022-0190 for compliance
will be available at regulations.gov under Docket No. FAA-2023-0669
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 41 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 2006-10-13. 7 work-hours x $85 per $0 $595 $24,395
hour = $595.
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Estimated Costs for Optional Actions
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Cost per
Labor cost Parts cost product
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14 work-hours x $85 per hour = $1,190. $120,000 $121,190
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[[Page 21542]]
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required or optional actions. The FAA has no way of determining the
number of aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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7 work-hours x $85 per hour = $595.... $120,000 $120,595
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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:
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) 2006-10-13, Amendment 39-14597
(71 FR 28250, May 16, 2006); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2023-0669; Project Identifier MCAI-2022-
01238-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 26, 2023.
(b) Affected ADs
This AD replaces AD 2006-10-13, Amendment 39-14597 (71 FR 28250,
May 16, 2006) (AD 2006-10-13).
(c) Applicability
This AD applies to Airbus SAS Model A330-223, A330-321, A330-
322, and A330-323 airplanes, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2022-
0190, dated September 14, 2022 (EASA AD 2022-0190).
(d) Subject
Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.
(e) Unsafe Condition
This AD was prompted by reports of cracking of the lower aft
pylon fairing (LAPF) firewall, and by the development of an optional
terminating replacement. The FAA is issuing this AD to address this
cracking, which could reduce the effectiveness of the firewall and
result in an uncontrolled engine fire.
(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, EASA AD 2022-0190.
(h) Exceptions to EASA AD 2022-0190
(1) Where EASA AD 2022-0190 refers to ``28 February 2004 [the
effective date of DGAC France AD F-2004-028 at original issue],''
this AD requires using June 20, 2006 (the effective date of AD 2006-
10-13).
(2) For any airplane on which a crack has been found and a stop-
drill of the crack and sealant application has not been done as
specified in paragraph (4.1) of EASA AD 2022-0190 as of the
effective date of this AD: Within 30 days after the effective date
of this AD, accomplish the actions specified in paragraph (4.1) of
EASA AD 2022-0190.
(3) Where paragraph (2) of EASA AD 2022-0190 specifies a crack
length, replace the text ``up to 30.48 mm'' with ``less than or
equal to 30.48 mm (1.2 inches)''
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0190.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2022-0190
specifies 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,
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 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].
(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 2006-10-13 in FAA Letters ANM-116-17-235 and AIR-
676-20-117 are approved as AMOCs for the corresponding provisions of
EASA AD 2022-0190 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, 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.
[[Page 21543]]
(3) Required for Compliance (RC): Except as required by
paragraph (j)(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.
(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 (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.
(i) European Union Aviation Safety Agency (EASA) AD 2022-0190,
dated September 14, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0190, 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 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.
(5) You may view this service information 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 April 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07531 Filed 4-10-23; 8:45 am]
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