[Federal Register Volume 90, Number 114 (Monday, June 16, 2025)]
[Proposed Rules]
[Pages 25163-25166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10822]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 90, No. 114 / Monday, June 16, 2025 /
Proposed Rules
[[Page 25163]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0925; Project Identifier MCAI-2024-00671-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 supersede Airworthiness Directive (AD)
2022-18-01, which applies to certain Airbus SAS Model A330-200 series
airplanes, A330-200 Freighter series airplanes, A330-300 series
airplanes, Model A330-800 series airplanes, and A330-900 series
airplanes. AD 2022-18-01 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. Since the FAA issued AD 2022-18-
01, the FAA has determined that new or more restrictive airworthiness
limitations are necessary. This proposed AD would require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. 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 July 31,
2025.
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-2025-0925; 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 European Union Aviation Safety Agency (EASA) material
identified in this proposed AD, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]. 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-2025-0925.
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: Emma Copeland, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 847-
294-8068; 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 using a method listed
under the ADDRESSES section. Include ``Docket No. FAA-2025-0925;
Project Identifier MCAI-2024-00671-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 Emma
Copeland, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone: 847-294-8068; email: [email protected].
Any commentary that the FAA receives that is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
Background
The FAA issued AD 2022-18-01, Amendment 39-22152 (87 FR 54355,
September 6, 2022) (AD 2022-18-01), for certain Airbus SAS Model A330-
200 series airplanes, A330-200 Freighter series airplanes, A330-300
series airplanes, A330-800 series airplanes, and A330-900 series
airplanes. AD 2022-18-01 was prompted by an MCAI originated by EASA,
which is the Technical Agent for the Member States of the European
Union. EASA issued AD 2021-0246, dated November 17, 2021 (EASA AD 2021-
0246) (which corresponds to FAA AD 2022-18-01), to correct an unsafe
condition.
AD 2022-18-01 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA issued AD 2022-18-01 to
address fatigue cracking, accidental damage, or corrosion in
[[Page 25164]]
principal structural elements, and possible failure of certain life-
limited parts, which could result in reduced structural integrity of
the airplane. This proposed AD would supersede AD 2022-18-01.
Actions Since AD 2022-18-01 Was Issued
Since the FAA issued AD 2022-18-01, EASA superseded AD 2021-0246R1,
dated October 12, 2022 (which superseded EASA AD 2021-0246), and issued
EASA AD 2024-0213, dated November 14, 2024 (EASA AD 2024-0213) (also
referred to as the MCAI), for all Airbus SAS Model A330-200 series
airplanes, A330-200 Freighter series airplanes, A330-300 series
airplanes, A330-800 series airplanes, and A330-900 series airplanes.
The MCAI states that new or more restrictive airworthiness limitations
have been developed.
Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after October 1, 2024, must
comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this proposed AD therefore does not include those airplanes in the
applicability.
The FAA is proposing this AD to address fatigue cracking,
accidental damage, or corrosion in principal structural elements, and
possible failure of certain life-limited 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-2025-0925.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2024-0213. This material specifies new or
more restrictive airworthiness limitations for airplane structures and
safe life limits.
This proposed AD would also require EASA AD 2021-0246, which the
Director of the Federal Register approved for incorporation by
reference as of October 11, 2022 (87 FR 54355, September 6, 2022).
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.
FAA's Determination
These products have been approved by the civil aviation authority
of another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, that authority 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 retain certain requirements of AD 2022-18-
01. This proposed AD would also require revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations, which are
specified in EASA AD 2024-0213 already described, as proposed for
incorporation by reference. Any differences with EASA AD 2024-0213 are
identified as exceptions in the regulatory text of this proposed AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (m)(1) 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 retain the incorporation by reference (IBR) of EASA AD
2021-0246 and incorporate EASA AD 2024-0213 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0246 and EASA AD 2024-0213 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 2021-0246 or EASA AD 2024-
0213 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 proposed AD requirement is
not limited to the section titled ``Required Action(s) and Compliance
Time(s)'' in EASA AD 2021-0246 or EASA AD 2024-0213. Material required
by EASA AD 2021-0246 and EASA AD 2024-0213 for compliance will be
available at regulations.gov by searching for and locating Docket No.
FAA-2025-0925 after the FAA final rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 138 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2022-18-01 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the existing maintenance or
inspection
[[Page 25165]]
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane 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
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:
0
a. Removing Airworthiness Directive (AD) 2022-18-01, Amendment 39-22152
(87 FR 54355, September 6, 2022); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2025-0925; Project Identifier MCAI-
2024-00671-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by July 31, 2025.
(b) Affected ADs
This AD replaces AD 2022-18-01, Amendment 39-22152 (87 FR 54355,
September 6, 2022) (AD 2022-18-01).
(c) Applicability
This AD applies to Airbus SAS Model airplanes, identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before October 1,
2024.
(1) Model A330-201, -202, -203, -223, and -243 airplanes.
(2) Model A330-223F and -243F airplanes.
(3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
(4) Model A330-841 airplanes.
(5) Model A330-941 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, accidental damage, or
corrosion in principal structural elements, and possible failure of
certain life-limited parts. 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) Retained Revision of the Existing Maintenance or Inspection
Program, With a New Terminating Action
This paragraph restates the requirements of paragraph (l) of AD
2022-18-01, with a new terminating action. For airplanes with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before July 1, 2021: 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 2021-0246, dated November 17,
2021 (EASA AD 2021-0246). Accomplishing the revision of the existing
maintenance or inspection program required by paragraph (j) of this
AD terminates the requirements of this paragraph.
(h) Retained Exceptions to EASA AD 2021-0246, With No Changes
This paragraph restates the exceptions specified in paragraph
(m) of AD 2022-18-01, with no changes.
(1) Where EASA AD 2021-0246 refers to its effective date, this
AD requires using October 11, 2022 (the effective date of AD 2022-
18-01).
(2) The requirements specified in paragraph (1) of EASA AD 2021-
0246 do not apply to this AD.
(3) Paragraph (2) of EASA AD 2021-0246 specifies revising ``the
AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, within 90 days after October 11, 2022 (the effective
date of AD 2022-18-01).
(4) The initial compliance time for doing the tasks specified in
paragraph (2) of EASA 2021-0246 is at the applicable ``limitations''
as incorporated by the requirements of paragraph (2) of EASA AD
2021-0246, or within 90 days after October 11, 2022 (the effective
date of AD 2022-18-01), whichever occurs later.
(5) The provisions specified in paragraphs (3) and (4) of EASA
AD 2021-0246 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2021-0246 does not apply
to this AD.
(i) Retained Restrictions on Alternative Actions, Intervals, With a New
Exception
This paragraph restates the requirements of paragraph (n) of AD
2022-18-01, with a new exception. Except as required by paragraph
(j) of this AD, after the existing maintenance or inspection program
has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) and intervals are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2021-0246.
(j) New Revision of the Existing Maintenance or Inspection Program
Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2024-0213, dated November 14, 2024 (EASA AD
2024-0213). Revising the existing maintenance or inspection program
required by this paragraph terminates the requirements of paragraph
(g) of this AD.
(k) Exceptions to EASA AD 2024-0213
(1) This AD does not adopt the requirements specified in
paragraph (1) of EASA AD 2024-0213.
(2) Paragraph (2) of EASA AD 2024-0213 specifies revising ``the
AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, within 90 days after the effective date of this AD.
[[Page 25166]]
(3) The initial compliance time for doing the tasks specified in
paragraph (1) of EASA AD 2024-0213 is at the applicable
``limitations'' as incorporated by the requirements of paragraph (2)
of EASA AD 2024-0213, or within 90 days after the effective date of
this AD, whichever occurs later.
(4) This AD does not adopt the provisions specified in
paragraphs (3) and (4) of EASA AD 2024-0213.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0213.
(l) New Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2024-0213.
(m) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, AIR-
520, Continued Operational Safety 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 manager of
the Continued Operational Safety Branch, send it to the attention of
the person identified in paragraph (n) of this AD and email 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, AIR-520,
Continued Operational Safety 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.
(n) Additional Information
For more information about this AD, contact Emma Copeland,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 847-294-8068; email: [email protected].
(o) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(3) The following material was approved for IBR on [DATE 35 DAYS
AFTER PUBLICATION OF THE FINAL RULE].
(i) European Union Aviation Safety Agency (EASA) AD 2024-0213,
dated November 14, 2024.
(ii) [Reserved]
(4) The following material was approved for IBR on October 11,
2022 (87 FR 54355, September 6, 2022).
(i) EASA AD 2021-0246, dated November 17, 2021.
(ii) [Reserved]
(5) For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]. You may find this material on
the EASA website at ad.easa.europa.eu.
Note 1 to paragraph (o)(5): EASA AD 2021-0246 can be accessed in
the zipped file at the bottom of the web page for EASA AD 2021-
0246R1, dated October 12, 2022. When EASA posts a revised AD on
their website, they watermark the previous AD as ``Revised,'' alter
the file name by adding ``_revised'' to the end, and move it into a
zipped file attached at the bottom of the AD web page.
(6) 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.
(7) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on June 9, 2025.
Lona C. Saccomando,
Acting Deputy Director, Integrated Certificate Management Division,
Aircraft Certification Service.
[FR Doc. 2025-10822 Filed 6-13-25; 8:45 am]
BILLING CODE 4910-13-P