[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Rules and Regulations]
[Pages 55551-55553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17501]



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 Rules and Regulations
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  Federal Register / Vol. 88 , No. 157 / Wednesday, August 16, 2023 / 
Rules and Regulations  

[[Page 55551]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1655; Project Identifier MCAI-2022-00887-T; 
Amendment 39-22423; AD 2023-08-08]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A330-201, -202, -203, -301, -302, and -303 airplanes. 
This AD was prompted by reports of corrosion and cracks found on engine 
inlet attach fittings. This AD requires an inspection to determine 
whether affected engine inlet attach fittings are installed, and 
replacement of those affected engine inlet attach fittings or 
replacement with and inlet cowl having no affected engine inlet attach 
fittings, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference. This AD also prohibits 
the installation of affected parts. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective September 20, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
20, 2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1655; 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-2022-1655.

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: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus SAS Model 
A330-201, -202, -203, -301, -302, and -303 airplanes. The NPRM 
published in the Federal Register on December 28, 2022 (87 FR 79819). 
The NPRM was prompted by AD 2022-0133, dated July 5, 2022, issued by 
EASA, which is the Technical Agent for the Member States of the 
European Union (EASA AD 2022-0133) (also referred to as the MCAI). The 
MCAI states that findings of corrosion and cracks on engine inlet 
attach fittings have been reported. It was determined that the affected 
fittings are susceptible to stress corrosion cracking due to the 
material used for the fittings. The MCAI notes that stress corrosion 
cracking, if not detected and corrected, could lead to failure of one 
or more fittings, possibly resulting in damage to the airplane or 
injury to occupants.
    In the NPRM, the FAA proposed to require an inspection to determine 
whether affected engine inlet attach fittings are installed, and 
replacement of those affected engine inlet attach fittings or 
replacement with an inlet cowl having no affected engine inlet attach 
fittings, as specified in EASA AD 2022-0133. The NPRM also proposed to 
prohibit the installation of affected parts. The FAA is issuing 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-2022-1655.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.
    The FAA received additional comments from two commenters. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request for Exclusion of Certain Accomplishment Instruction Steps

    Delta requested revising paragraph (h) of the proposed AD to 
clarify that the access and close instructions in service information 
referenced by EASA AD 2022-0133 are not required. Delta stated that no 
guidance is provided indicating that the access and close instructions 
can be either done using airline best practices, or omitted in the case 
that the instructions have been accomplished previously.
    The FAA disagrees. The FAA has reviewed the instructions and 
determined that the instructions are adequate and can be performed in 
conjunction with other maintenance actions. The access and close 
instructions are to open and close the fan cowl doors, install the 
inlet, make sure the work area is clean and clear of tools, and an 
inspection report. As specified in paragraph (i) of this AD, the 
inspection report specified in the closing actions is not required. If 
the requirements of the AD, including access and close, have been 
accomplished previously, paragraph (f) of this AD provides relief for 
actions already done. For methods other than those required by the AD, 
operators may request an alternative method of compliance (AMOC) under 
the provisions of paragraph (j)(1) of this AD.

[[Page 55552]]

Request for a Reporting Requirement

    One commenter requested revising paragraph (i) of the proposed AD 
to require submitting an inspection report to the manufacturer. The 
commenter states the change would align with the EASA AD and that the 
wide-body design of the affected 11 U.S.-registered airplanes is 
duplicated or modified by Airbus in newer designs. The commenter also 
states the information would assist in avoiding these issue in the 
future.
    The FAA disagrees. EASA AD 2022-0133 does not require reporting; 
however, the Airbus service information referenced by EASA 2022-0133 
does specify an inspection report. The FAA does not consider it 
necessary to require an inspection report because the unsafe condition 
has been clearly determined and the corrective actions are defined. 
However, submitting an inspection report is not prohibited, and any 
operator may do so voluntarily. The AD has not been changed in this 
regard.

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 
comments 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 2022-0133 specifies procedures for an inspection to 
determine whether affected engine inlet attach fittings (those having 
certain part numbers and made of aluminum alloy 7175-T66 or 7075-T6) 
are installed, and replacement of those affected engine inlet attach 
fittings with serviceable parts or replacement with an inlet cowl 
having no affected engine inlet attach fittings. EASA AD 2022-0133 also 
prohibits the installation of affected parts. 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 will affect 11 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                  Labor cost                               Parts cost                 product        operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425............  None............................            $425          $4,675
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
210 work-hours x $85 per hour =   Up to $10,136.....  Up to $27,986 per
 up to $17,850 per nacelle.                            nacelle.
------------------------------------------------------------------------

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 adding the following new airworthiness 
directive:


[[Page 55553]]


2023-08-08 Airbus SAS: Amendment 39-22423; Docket No. FAA-2022-1655; 
Project Identifier MCAI-2022-00887-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 20, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A330-201, -202, -203, -
301, -302, and -303 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Unsafe Condition

    This AD was prompted by reports of corrosion and cracks found on 
engine inlet attach fittings. The FAA is issuing this AD to detect 
and correct stress corrosion cracking. The unsafe condition, if not 
addressed, could result in failure of one or more fittings, possibly 
resulting in damage to the airplane or injury to occupants.

(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 
2022-0133, dated July 5, 2022.

(h) Exceptions to EASA AD 2022-0133

    (1) Where EASA AD 2022-0133 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2022-0133 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0133 
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]. 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 (i) and (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 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 2022-0133, 
dated July 5, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0133, 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 April 20, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-17501 Filed 8-15-23; 8:45 am]
BILLING CODE 4910-13-P