[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
------------------------------------------------------------------------
                                                             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]
BILLING CODE 4910-13-P