[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Proposed Rules]
[Pages 30840-30843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10775]


 ========================================================================
 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. 87, No. 98 / Friday, May 20, 2022 / Proposed 
Rules  

[[Page 30840]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0586; Project Identifier MCAI-2021-01262-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) 
2016-26-05 and AD 2019-21-02, which apply to certain Airbus SAS Model 
A330-200, A330-200 Freighter, and A330-300 series airplanes. AD 2016-
26-05 and AD 2019-21-02 require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. Since the FAA issued AD 2016-26-
05 and AD 2019-21-02, the FAA has determined that new or more 
restrictive airworthiness limitations are necessary, and new airplanes 
have been added to the applicability. This proposed AD would continue 
to require the actions in AD 2019-21-02 and require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate additional new or more restrictive airworthiness 
limitations, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is proposed for incorporation by reference. 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 5, 
2022.

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 https://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For EASA material that will be incorporated by reference (IBR) in 
this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this material on the EASA website at 
https://ad.easa.europa.eu. For Airbus service information identified in 
this proposed AD, contact Airbus SAS, Airworthiness Office-EAL, Rond-
Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 
5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; internet https://www.airbus.com. 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 https://www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0586.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0586; 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.

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: 

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-2022-0586; Project Identifier 
MCAI-2021-01262-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 
https://www.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 
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]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

[[Page 30841]]

Background

    The FAA issued AD 2019-21-02, Amendment 39-19768 (84 FR 57313, 
October 25, 2019) (AD 2019-21-02), which applies to certain Airbus SAS 
Model A330-200, A330-200 Freighter, and A330-300 series airplanes. AD 
2019-21-02 requires revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations. The FAA issued AD 2019-21-02 to address a 
safety-significant latent failure (that is not annunciated) that, in 
combination with one or more other specific failures or events, could 
result in a hazardous or catastrophic failure condition. AD 2019-21-02 
specifies that accomplishing the revision required by that AD 
terminates all requirements of 2016-26-05, Amendment 39-18763 (82 FR 
1170, January 5, 2017) (AD 2016-26-05).

Actions Since AD 2019-21-02 Was Issued

    Since the FAA issued AD 2019-21-02, the FAA has determined that new 
or more restrictive airworthiness limitations are necessary.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0248, dated November 15, 2021 
(EASA AD 2021-0248) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model Airbus A330-201, A330-202, 
A330-203, A330-223, A330-223F, A330-243, A330-243F, A330-301, A330-302, 
A330-303, A330-321, A330-322, A330-323, A330-341, A330-342, A330-343, 
A330-841, and A330-941 airplanes.
    Airplanes with an original airworthiness certificate or original 
export certificate of airworthiness issued after July 1, 2021, 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.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary, and that EASA AD 
2021-0248 has added Airbus SAS Model A330-841 and A330-941 airplanes to 
the applicability. The FAA is proposing this AD to address a safety-
significant latent failure (that is not annunciated) that, in 
combination with one or more other specific failures or events, could 
result in a hazardous or catastrophic failure condition. See the MCAI 
for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0248 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits, and adds new 
models to the applicability.
    This proposed AD would also require Airbus A330 Airworthiness 
Limitations Section (ALS) Part 3-Certification Maintenance Requirements 
(CMR), Revision 06, dated October 15, 2018; and Airbus A330 ALS Part 3-
Certification Maintenance Requirements (CMR), Variation 6.1, dated June 
28, 2019; which the Director of the Federal Register approved for 
incorporation by reference as of November 29, 2019 (84 FR 57313, 
October 25, 2019).
    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 aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the 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 these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would retain the requirements of AD 2019-21-02. 
This proposed AD would also require revising the existing maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, which are specified in EASA AD 
2021-0248 described previously, as proposed for incorporation by 
reference. Any differences with EASA AD 2021-0248 are identified as 
exceptions in the regulatory text of this 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 (l)(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 incorporate EASA AD 2021-0248 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0248 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 2021-0248 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 2021-
0248. Service information required by EASA AD 2021-0248 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0586 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).

[[Page 30842]]

    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 FAA 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 proposed AD affects 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 2019-21-02 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection 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.
    The FAA estimates the total cost per operator for the new proposed 
actions to be $7,650 (90 work-hours x $85 per work-hour).

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 2016-26-05, Amendment 39-18763 (82 
FR 1170, January 5, 2017); and Airworthiness Directive 2019-21-02, 
Amendment 39-19768 (84 FR 57313, October 25, 2019); and
0
b. Adding the following new airworthiness directive:

Airbus SAS: Docket No. FAA-2022-0586; Project Identifier MCAI-2021-
01262-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 5, 2022.

(b) Affected ADs

    This AD replaces AD 2016-26-05, Amendment 39-18763 (82 FR 1170, 
January 5, 2017) (AD 2016-26-05); and AD 2019-21-02, Amendment 39-
19768 (84 FR 57313, October 25, 2019) (AD 2019-21-02).

(c) Applicability

    This AD applies to Airbus SAS Model A330-201, -202, -203, -223, 
-223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, 
-343, -841, and -941 airplanes, certificated in any category, with 
an original airworthiness certificate or original export certificate 
of airworthiness issued on or before July 1, 2021.

(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, and that new 
airplanes have been added to the applicability. The FAA is issuing 
this AD to address a safety-significant latent failure (that is not 
annunciated) that, in combination with one or more other specific 
failures or events, could result in a hazardous or catastrophic 
failure condition.

(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 No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2019-21-02, with no changes. For Model A330-201, -202, -203, -223, -
223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes with an original airworthiness certificate or 
original export certificate of airworthiness issued on or before 
October 15, 2018: Within 90 days after November 29, 2019 (the 
effective date of AD 2019-21-02), revise the existing maintenance or 
inspection program, as applicable, to incorporate the information 
specified in Airbus A330 Airworthiness Limitations Section (ALS) 
Part 3--Certification Maintenance Requirements (CMR), Revision 06, 
dated October 15, 2018, as supplemented by Airbus A330 ALS Part 3--
Certification Maintenance Requirements (CMR), Variation 6.1, dated 
June 28, 2019. The initial compliance times for doing the tasks is 
at the time specified in Airbus A330 Airworthiness Limitations 
Section (ALS) Part 3--Certification Maintenance Requirements (CMR), 
Revision 06, dated October 15, 2018, as supplemented by Airbus A330 
ALS Part 3--Certification Maintenance Requirements (CMR), Variation 
6.1, dated June 28, 2019, or within 90 days after November 29, 2019, 
whichever occurs later. Accomplishing the revision of the existing 
maintenance or inspection program required by paragraph (i) of this 
AD terminates the requirements of this paragraph.

(h) Retained No Alternative Actions or Intervals, With a New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2019-21-02, with a new exception. Except as required by paragraph 
(i) of this AD, after the maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (l)(1) of this AD.

[[Page 30843]]

(i) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2021-0248, dated November 15, 2021 (EASA AD 2021-0248). 
Accomplishing the revision of the existing maintenance or inspection 
program required by this paragraph terminates the requirements of 
paragraph (g) of this AD.

(j) Exceptions to EASA AD 2021-0248

    (1) Where EASA AD 2021-0248 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2021-0248 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0248 specifies revising ``the 
approved 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.
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA 2021-0248 is at the applicable ``associated 
thresholds,'' as incorporated by the requirements of paragraph (3) 
of EASA AD 2021-0248, or within 90 days after the effective date of 
this AD, whichever occurs later.
    (5) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2021-0248 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0248 does not apply 
to this AD.

(k) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (i) 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 2021-0248.

(l) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (m)(2) 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 2019-21-02 are approved as 
AMOCs for the corresponding provisions of EASA AD 2021-0248 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, Large Aircraft 
Section, 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.

(m) Related Information

    (1) For EASA AD 2021-0248, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (2) 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].
    (3) For Airbus service information identified in this AD, 
contact Airbus SAS, Airworthiness Office-EAL, Rond-Point Emile 
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 
36 96; fax +33 5 61 93 45 80; email [email protected]; internet https://www.airbus.com. 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.

    Issued on May 16, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-10775 Filed 5-19-22; 8:45 am]
BILLING CODE 4910-13-P


