[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Proposed Rules]
[Pages 60157-60160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18693]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1723; Project Identifier MCAI-2023-00457-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 adopt a new airworthiness directive (AD) 
for all Airbus SAS Model A330-200 Freighter series airplanes. This 
proposed AD was prompted by a widespread fatigue damage (WFD) 
evaluation on Airbus SAS Model A330-200 Freighter series airplanes, 
which found that the circumferential joint at Frame 58 (near the rear 
fuselage) is susceptible to WFD. This proposed AD would require a 
modification to reinforce the circumferential joints at Frame 58 and, 
if necessary, corrective action, 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 October 16, 
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-2023-1723; 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 material that is proposed for IBR 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

[[Page 60158]]

ad.easa.europa.eu. It is also available at regulations.gov under Docket 
No. FAA-2023-1723.
     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.

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:

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-2023-1723; Project Identifier 
MCAI-2023-00457-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 Tim 
Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone: 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

    Fatigue damage can occur locally, in small areas or structural 
design details, or globally, in widespread areas. Multiple-site damage 
is widespread damage that occurs in a large structural element such as 
a single rivet line of a lap splice joining two large skin panels. 
Widespread damage can also occur in multiple elements such as adjacent 
frames or stringers. Multiple-site damage and multiple-element damage 
cracks are typically too small initially to be reliably detected with 
normal inspection methods. Without intervention, these cracks will 
grow, and eventually compromise the structural integrity of the 
airplane. This condition is known as WFD. It is associated with general 
degradation of large areas of structure with similar structural details 
and stress levels. As an airplane ages, WFD will likely occur, and will 
certainly occur if the airplane is operated long enough without any 
intervention.
    An FAA final rule (``Aging Airplane Program: Widespread Fatigue 
Damage;'' 75 FR 69746, November 15, 2010) became effective on January 
14, 2011, and amended 14 CFR parts 25, 26, 121, and 129 (commonly known 
as the WFD rule). The WFD rule requires certain actions to prevent 
structural failure due to WFD throughout the operational life of 
certain existing transport category airplanes and all of these 
airplanes that will be certificated in the future. Design approval 
holders (DAHs) of existing and future airplanes subject to the WFD rule 
are required to establish a limit of validity (LOV) of the engineering 
data that support the structural maintenance program. Operators 
affected by the WFD rule may not fly an airplane beyond its LOV, unless 
an extended LOV is approved.
    The WFD rule does not require identifying and developing 
maintenance actions if the DAHs can show that such actions are not 
necessary to prevent WFD before the airplane reaches the LOV. Many 
LOVs, however, do depend on accomplishment of future maintenance 
actions. As stated in the WFD rule, any maintenance actions necessary 
to reach the LOV will be mandated by airworthiness directives through 
separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to 
propose LOVs that allow operators the longest operational lives for 
their airplanes, and still ensure that WFD will not occur. This 
approach allows for an implementation strategy that provides 
flexibility to DAHs in determining the timing of service information 
development (with FAA approval), while providing operators with 
certainty regarding the LOV applicable to their airplanes.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2023-0053, dated March 14, 2023 
(EASA AD 2023-0053) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A330-223F and -243F 
airplanes. The MCAI states that within the scope of WFD evaluations on 
Model A330-200 Freighter series airplanes, it was determined that the 
circumferential joint at Frame 58 (near rear fuselage) is susceptible 
to WFD. WFD, if not corrected, may lead to crack initiation and 
undetected propagation, which could affect the structural integrity of 
the airplane.
    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-2023-1723.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0053 specifies procedures for a modification 
(including rotating probe inspections for discrepancies and measurement 
of the maximum hole diameter at any point in the fastener hole bores on 
the circumferential joints) to reinforce the circumferential joints at 
Frame 58 and, if any discrepancies (cracking) are found, corrective 
action (contacting the manufacturer for instructions and accomplishing 
those instructions). 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.

[[Page 60159]]

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2023-0053 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 2023-0053 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0053 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 2023-0053 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-
0053. Service information required by EASA AD 2023-0053 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-1723 
after the FAA final rule is published.

Explanation of Compliance Time

    The compliance time for the replacement specified in this proposed 
AD for addressing WFD was established to ensure that certain structure 
is replaced before WFD develops in airplanes. Standard inspection 
techniques cannot be relied on to detect WFD before it becomes a hazard 
to flight. The FAA will not grant any extensions of the compliance time 
to complete any AD-mandated service bulletin related to WFD without 
extensive new data that would substantiate and clearly warrant such an 
extension.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 6 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.
                          Labor cost                              Parts cost        product         operators
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368 work-hours x $85 per hour = $31,280......................          $7,700          $38,980         $233,880
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this proposed AD.

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 adding the following new airworthiness 
directive:

Airbus SAS: Docket No. FAA-2023-1723; Project Identifier MCAI-2023-
00457-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 16, 2023.

(b) Affected ADs

    None.

 (c) Applicability

    This AD applies to all Airbus SAS Model A330-223F and -243F 
airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a widespread fatigue damage (WFD) 
evaluation on Model A330-200 Freighter series airplanes, which found 
that the circumferential joint at Frame 58 (near the rear fuselage) 
is susceptible to WFD. The FAA is issuing this AD to address WFD in 
the affected area. The unsafe condition, if not corrected, may lead 
to crack initiation and undetected propagation, which could affect 
the structural integrity of the airplane.

[[Page 60160]]

(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 
2023-0053, dated March 14, 2023 (EASA AD 2023-0053).

(h) Exceptions to EASA AD 2023-0053

    (1) Where EASA AD 2023-0053 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0053.
    (3) Where paragraph (2) of EASA AD 2023-0053 specifies ``if, 
during the accomplishment of any inspection, which is part of the 
modification as required by paragraph (1) of this AD, any 
discrepancy, as identified in the SB, is detected, before next 
flight, contact Airbus for approved instructions and accomplish 
those instructions accordingly,'' this AD requires replacing those 
words with ``if, during the accomplishment of any inspection, which 
is part of the modification as required by paragraph (1) of this AD, 
any cracking is detected, the cracking must be repaired 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.''
    (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 
paragraph (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 Tim Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone: 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 2023-0053, 
dated March 14, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0053, 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 August 24, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-18693 Filed 8-30-23; 8:45 am]
BILLING CODE 4910-13-P