[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36933-36935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11930]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0428; Project Identifier MCAI-2022-01250-T; 
Amendment 39-22442; AD 2023-10-06]
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) 2017-06-
07, which applied to all Airbus SAS Model A330-200 Freighter, -200, and 
-300 series airplanes; and A340-200, -300, -500, and -600 series 
airplanes. AD 2017-06-07 required identification of potentially 
affected inboard flap parts, a one-time eddy current inspection to 
identify which material the parts are made of, and, depending on 
findings, replacement with serviceable parts. This AD was prompted by a 
determination that, even if affected inboard flaps were not installed 
on airplanes during production, affected inboard flaps could be 
installed on airplanes as spare parts. This AD continues to require the 
actions in AD 2017-06-07, as specified in a European Union Aviation 
Safety Agency (EASA) AD, which is incorporated by reference. This AD 
also reduces the allowance for 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 July 11, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 11, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0428; 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-2023-0428.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aviation Safety 
Engineer, FAA, International Validation Branch, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; 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 to supersede AD 2017-06-07, Amendment 39-18831 (82 FR 
17107, April 10, 2017) (AD 2017-06-07). AD 2017-06-07 applied to all 
Airbus SAS Model A330-223F and -243F airplanes; A330-201, -202, -203, -
223, and -243 airplanes; A330-301, -302, -303, -321, -322, -323, -341, 
-342, and -343 airplanes; A340-211, -212, and -213 airplanes; A340-311, 
-312, and -313 airplanes; A340-541 airplanes; and A340-642 airplanes. 
AD 2017-06-07 was prompted by an MCAI originated by EASA, which is the 
Technical Agent for the Member States of the European Union. EASA 
issued AD 2016-0231, dated November 22, 2016 (EASA AD 2016-0231), which 
superseded EASA AD 2016-0082, dated April 27, 2016, to correct an 
unsafe condition. AD 2017-06-07 required identification of potentially 
affected inboard flap parts, a one-time eddy current inspection to 
identify which material the parts are made of, and, depending on 
findings, replacement with serviceable parts. The FAA issued AD 2017-
06-07 to detect and correct structural parts of inboard flaps made of 
nonconforming aluminum alloy, which could result in reduced structural 
integrity of the airplane.
    The NPRM published in the Federal Register on March 8, 2023 (88 FR 
14303). The NPRM was prompted by AD 2022-0189, dated September 19, 
2022, issued by EASA (EASA AD 2022-0189) (also referred to as the 
MCAI), which superseded EASA AD 2016-0231. The MCAI states that since 
EASA AD 2016-0231 was issued, it was determined that, even if affected

[[Page 36934]]

inboard flaps were not installed on airplanes during production, 
affected inboard flaps could be installed on airplanes as spare parts. 
The unsafe condition, if not addressed, could result in reduced 
structural integrity of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0428.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2017-06-07, as specified in EASA AD 2022-0189. The NPRM also 
proposed to reduce the allowance for the installation of affected parts 
under certain conditions. The FAA is issuing this AD to address the 
unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received one comment from Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.

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 
comment 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 2022-0189 specifies procedures for identification of 
potentially affected inboard flap parts, a one-time special detailed 
inspection (eddy current) to identify which material the parts are made 
of, and, depending on findings, replacement with serviceable parts. The 
MCAI also reduces the allowance for 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 36 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.
               Action                        Labor cost           Parts cost        product         operators
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Retained actions from AD 2017-06-07.  10 work-hours x $85 per              $0             $850          $30,600
                                       hour = $850.
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    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:

                 Estimated Costs of On-Condition Actions
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            Labor cost                 Parts cost      Cost per product
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60 work-hours x $85 per hour =          $1,345,000           $1,350,100
 $5,100...........................
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    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the cost estimate.

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:

[[Page 36935]]

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) 2017-06-07, Amendment 39-18831 
(82 FR 17107, April 10, 2017); and
0
b. Adding the following new AD:

2023-10-06 Airbus SAS: Amendment 39-22442; Docket No. FAA-2023-0428; 
Project Identifier MCAI-2022-01250-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 11, 2023.

(b) Affected ADs

    This AD replaces AD 2017-06-07, Amendment 39-18831 (82 FR 17107, 
April 10, 2017) (AD 2017-06-07).

(c) Applicability

    This AD applies to all Airbus SAS Model A330-223F and -243F 
airplanes; A330-201, -202, -203, -223, and -243 airplanes; A330-301, 
-302, -303, -321, -322, -323, -341, -342, and -343 airplanes; A340-
211, -212, and -213 airplanes; A340-311, -312, and -313 airplanes; 
A340-541 airplanes; and A340-642 airplanes; certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports that nonconforming aluminum 
alloy was used to manufacture structural parts on the inboard flap. 
The FAA is issuing this AD to detect and correct structural parts of 
inboard flaps made of nonconforming aluminum alloy. The unsafe 
condition, if not addressed, could result in reduced structural 
integrity of the airplane.

(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 
2022-0189, dated September 19, 2022 (EASA AD 2022-0189).

(h) Exceptions to EASA AD 2022-0189

    (1) Where EASA AD 2022-0189 refers to May 11, 2016 (the 
effective date of EASA AD 2016-0082, dated April 27, 2016), this AD 
requires using May 15, 2017 (the effective date of AD 2017-06-07).
    (2) Where EASA AD 2022-0189 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0189.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0189 
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 2017-06-07 are approved as 
AMOCs for the corresponding provisions of EASA AD 2022-0189 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.
    (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, 
Aviation Safety Engineer, FAA, International Validation Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; 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 2022-0189, 
dated September 19, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0189, 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 May 22, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-11930 Filed 6-5-23; 8:45 am]
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