[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Rules and Regulations]
[Pages 42611-42614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14002]


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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; 
Amendment 39-22459; AD 2023-12-01]
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) 2006-10-
13, which applied to all Airbus SAS Model A330-223, -321, -322, and -
323 airplanes. AD 2006-10-13 required repetitive inspections of the 
firewall of the lower aft pylon fairing (LAPF), and corrective actions 
if necessary. AD 2006-10-13 also provided an optional terminating 
action for the repetitive inspections. This AD was prompted by

[[Page 42612]]

the design of an updated LAPF, the installation of which constitutes 
terminating action for the repetitive inspection required by AD 2006-
10-13. This AD continues to require the actions specified in AD 2006-
10-13, provides new optional terminating actions, and changes the 
applicability to exclude certain airplanes; 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 August 7, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 7, 
2023.

ADDRESSES: 
    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 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 the 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-2023-0669.

FOR FURTHER INFORMATION CONTACT: Tim Dowling, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3667; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2006-10-13, Amendment 39-14597 (71 FR 
28250, May 16, 2006) (AD 2006-10-13). AD 2006-10-13 applied to all 
Airbus SAS Model A330-223, -321, -322, and -323 airplanes. AD 2006-10-
13 required repetitive inspections of the firewall of the LAPF, and 
corrective actions if necessary. AD 2006-10-13 also provided 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.
    The NPRM published in the Federal Register on April 11, 2023 (88 FR 
21540). The NPRM was prompted by AD 2022-0190, dated September 14, 
2022, issued by EASA, which is the Technical Agent for the Member 
States of the European Union (EASA AD 2022-0190) (also referred to as 
the MCAI). The MCAI states that since Direction G[eacute]n[eacute]rale 
de l'Aviation Civile (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.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0669.
    In the NPRM, the FAA proposed to 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 EASA AD 2022-0190. The FAA is issuing this AD to address cracking of 
the LAPF firewall, which could reduce the effectiveness of the firewall 
and result in an uncontrolled engine fire.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from The 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 2022-0190 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.

Costs of Compliance

    The FAA estimates that this AD affects 41 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 2006-10-13...  7 work-hours x $85 per                $0            $595         $24,395
                                         hour = $595.
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[[Page 42613]]


                  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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    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

    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:
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:

2023-12-01 Airbus SAS: Amendment 39-22459; Docket No. FAA-2023-0669; 
Project Identifier MCAI-2022-01238-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 7, 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.

[[Page 42614]]

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.
    (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 Tim Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3667; 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 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 June 7, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-14002 Filed 6-30-23; 8:45 am]
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