[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Proposed Rules]
[Pages 46697-46699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15273]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 88, No. 138 / Thursday, July 20, 2023 / 
Proposed Rules  

[[Page 46697]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1499; Project Identifier MCAI-2023-00458-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus SAS Model A330-202, A330-203, A330-223, A330-243, 
and A330-841 airplanes. This proposed AD was prompted by a 
determination that the cold working process was partially completed on 
a certain circumferential joint. This proposed AD would require 
modification of the circumferential joint, 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 September 
5, 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-2023-1499; 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 EASA material that is proposed for IBR in this NPRM, 
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-2023-1499.
     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: Timothy Dowling, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone 206-231-3667; 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-2023-1499; Project Identifier 
MCAI-2023-00458-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 
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; phone 206-231-3667; 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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2023-0054, dated March 14, 2023 
(EASA AD 2023-0054) (also referred to as the MCAI), to correct an 
unsafe condition for Airbus SAS Model A330-202, A330-203, A330-223, 
A330-243, and A330-841 airplanes, manufacturer serial numbers (MSNs) 
1780, 1782, 1784, 1785, 1787, 1799, 1805, 1808, 1822, 1823, 1830, 1835, 
1845, 1847, 1848, 1854, 1857, 1859, 1864, 1872, 1877, 1878, 1882, 1883, 
1886, 1888, 1891, 1911, 1916, 1919, 1932, 1936, 1942, 1945, 1960, 1964, 
1965, 1968, and 1969. Airbus SAS Model A330-243 airplanes, MSNs 1787, 
1799, 1808, 1822, 1830, 1848, 1857, 1883, 1886, 1891, 1911, 1916, 1919, 
1942, 1945, 1960, 1965, and 1968, were modified to Airbus SAS Model 
A330-243 Multi Role Transport Tanker (MRTT) airplanes. The MRTT 
airplanes are not type certificated by the FAA and not included on the 
U.S. type certificate data sheet; this proposed AD therefore does not 
include those airplanes in the

[[Page 46698]]

applicability. The MCAI states the cold working process was partially 
completed on the circumferential joint at frame 58. This condition, if 
not addressed, could affect the structural integrity of the airplane 
and result in catastrophic failure.
    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-2023-1499.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0054 specifies procedures for modifying the 
circumferential joint at frame 58. Modification includes accomplishing 
rotating probe inspections of the fastener holes for cracks, cold work 
of the fastener holes, and measuring the maximum hole diameter. EASA AD 
2023-0054 also specifies contacting the manufacturer for instructions 
if any discrepancy (i.e., any crack or if the existing hole diameter is 
more than or equal to the minimum starting hole diameter) is found 
during any inspection. 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 ADDRESSES.

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 this 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 require accomplishing the actions specified 
in EASA AD 2023-0054 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 2023-0054 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0054 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 2023-0054 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 2023-
0054. Service information required by EASA AD 2023-0054 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-1499 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect one airplane of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             Labor cost                Parts cost           Cost per product           Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 86 work-hours x $85 per hour             $500  Up to $7,810.................  Up to $7,810.
 = $7,310.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimate for the on-condition actions specified in this proposed AD.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed 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

    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.

[[Page 46699]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Airbus SAS Airplanes: Docket No. FAA-2023-1499; Project Identifier 
MCAI-2023-00458-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 5, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A330-202, A330-203, A330-
223, A330-243, and A330-841 airplanes, certificated in any category, 
manufacturer serial numbers 1780, 1782, 1784, 1785, 1805, 1823, 
1835, 1845, 1847, 1854, 1859, 1864, 1872, 1877, 1878, 1882, 1888, 
1932, 1936, 1964, and 1969.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a determination that the cold working 
process was partially performed on the circumferential joint at 
frame 58. The FAA is issuing this AD to address a partially 
completed cold working process on the circumferential joint at frame 
58. The unsafe condition, if not addressed, could affect the 
structural integrity of the airplane and result in catastrophic 
failure.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2023-0054, dated March 14, 2023 (EASA AD 2023-0054).

(h) Exceptions to EASA AD 2023-0054

    (1) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0054.
    (2) Where paragraph (2) of EASA AD 2023-0054 specifies 
contacting Airbus before further flight for approved instructions if 
any discrepancy is detected during accomplishment of any inspection 
that is part of the modification, this AD requires repairing the 
discrepancy before further flight 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) Where paragraph (3) of EASA AD 2023-0054 refers to its 
effective date, this AD requires using the effective date of this 
AD.
    (4) Where Note 2 of EASA AD 2023-0054 specifies Airbus Operators 
Information Telex (OIT) 999.0086/11 can be used to determine whether 
an airplane is operated short range (SR) or long range (LR), this AD 
requires using the following definitions: the term ``short range'' 
applies to an airplane with an average flight time lower than 1.5 
flight hours per flight cycle, and the term ``long range'' applies 
to an airplane with an average flight time equal to or higher than 
1.5 flight hours per flight cycle. For determining the SR and LR 
airplanes, the average flight time is the total accumulated flight 
hours, counted from takeoff to touchdown, divided by the total 
accumulated flight cycles at the effective date of this AD.

(i) 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 (j) 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, 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 
paragraphs (h)(2) and (i)(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.

(j) Additional Information

    For more information about this AD, contact Timothy Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone 206-231-3667; email 
[email protected].

(k) 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 2023-0054, 
dated March 14, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0054, 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 July 13, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-15273 Filed 7-19-23; 8:45 am]
BILLING CODE 4910-13-P