[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Rules and Regulations]
[Pages 68616-68618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24901]



[[Page 68616]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0673; Project Identifier MCAI-2021-01282-T; 
Amendment 39-22213; AD 2022-21-14]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-10-
17, which applied to certain Airbus SAS Model A330-200; A330-200 
Freighter; and A330-300 series airplanes. AD 2017-10-17 required 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new fuel airworthiness limitations. This AD was prompted 
by a determination that new or more restrictive fuel airworthiness 
limitations and tasks are necessary. This AD continues to require the 
actions in AD 2017-10-17 and requires revising the existing maintenance 
or inspection program, as applicable, to incorporate additional new or 
more restrictive fuel airworthiness limitations and tasks, as specified 
in a European Union Aviation Safety Agency (EASA) AD, which is 
incorporated by reference. This AD also expands the applicability to 
include additional airplane models. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective December 21, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 21, 
2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of June 
29, 2017 (82 FR 24017, May 25, 2017).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0673; 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 EASA material incorporated by reference (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 IBR material on the EASA website at 
ad.easa.europa.eu.
     For Airbus service information identified in this final 
rule, 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 airbus.com">[email protected]airbus.com; 
website 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 
regulations.gov under Docket No. FAA-2022-0673.

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 to supersede AD 2017-10-17, Amendment 39-18891 (82 FR 
24017, May 25, 2017) (AD 2017-10-17). AD 2017-10-17 applied to certain 
Airbus SAS Model A330-223F and -243F airplanes; Model A330-201, -202, -
203, -223, and -243 airplanes; Model A330-301, -302, -303, -321, -322, 
-323, -341, -342, and -343 airplanes. AD 2017-10-17 required revising 
the existing maintenance or inspection program, as applicable, to 
include new fuel airworthiness limitations. The FAA issued AD 2017-10-
17 to address the potential of ignition sources inside fuel tanks, 
which, in combination with flammable fuel vapors, could result in fuel 
tank explosions and consequent loss of the airplane.
    The NPRM published in the Federal Register on June 10, 2022 (87 FR 
35465). The NPRM was prompted by AD 2021-0252, dated November 17, 2021, 
issued by EASA (referred to after this as the MCAI). The MCAI states 
that new or more restrictive fuel airworthiness limitations and tasks 
are necessary.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-0673.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2017-10-17. The NPRM also proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate 
additional new or more restrictive fuel airworthiness limitations and 
tasks, as specified in EASA AD 2021-0252. In addition, the NPRM 
proposed to expand the applicability to include additional models. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.

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 
comment 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 2021-0252 describes new or more restrictive fuel 
airworthiness limitations and tasks.
    This AD also requires Airbus A330 Airworthiness Limitations Section 
(ALS) Part 5--Fuel Airworthiness Limitations (FAL), Revision 01, dated 
October 28, 2015, which the Director of the Federal Register approved 
for incorporation by reference as of June 29, 2017 (82 FR 24017, May 
25, 2017).
    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 affects 138 airplanes of U.S. 
registry.

[[Page 68617]]

The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2017-10-17 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 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

    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:
0
a. Removing Airworthiness Directive 2017-10-17, Amendment 39-18891 (82 
FR 24017, May 25, 2017); and
0
b. Adding the following new airworthiness directive:

2022-21-14 Airbus SAS: Amendment 39-22213; Docket No. FAA-2022-0673; 
Project Identifier MCAI-2021-01282-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 21, 
2022.

(b) Affected ADs

    This AD replaces AD 2017-10-17, Amendment 39-18891 (82 FR 24017, 
May 25, 2017) (AD 2017-10-17).

(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 July 1, 
2021.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (4) Model A330-841, and -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 fuel airworthiness limitations and tasks are necessary. 
The FAA is issuing this AD to address the potential of ignition 
sources inside fuel tanks, which, in combination with flammable fuel 
vapors, could result in fuel tank explosions and consequent loss 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 No Changes

    This paragraph restates the requirements of paragraph (j) of AD 
2017-10-17, with no changes. For airplanes identified in paragraphs 
(c)(1) through (3) of this AD with an original certificate of 
airworthiness or original export certificate of airworthiness issued 
on or before October 28, 2015: Within 3 months after June 29, 2017 
(the effective date of AD 2017-10-17), revise the existing 
maintenance or inspection program, as applicable, to incorporate 
Airbus A330 Airworthiness Limitations Section (ALS) Part 5--Fuel 
Airworthiness Limitations (FAL), Revision 01, dated October 28, 
2015. The compliance times for accomplishing the initial tasks 
specified in Airbus A330 ALS Part 5--FAL, Revision 01, dated October 
28, 2015, are at the times specified in Airbus A330 ALS Part 5--FAL, 
Revision 01, dated October 28, 2015, or within 3 months after 
revising the maintenance or inspection program as required by 
paragraph (g) of this AD, 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 Restrictions on Alternative Actions, Intervals, and 
Critical Design Configuration Control Limitations (CDCCLs), With a New 
Exception

    This paragraph restates the requirements of paragraph (k) of AD 
2017-10-17, with a new exception. Except as required by paragraph 
(i) of this AD, after accomplishing the revision required by 
paragraph (g) of this AD, no alternative actions (e.g., 
inspections), intervals, or CDCCLs may be used unless the actions, 
intervals, or CDCCLs are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (l)(1) of this AD.

(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 
2021-0252, dated November 17, 2021 (EASA AD 2021-0252). 
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 2021-0252

    (1) Where EASA AD 2021-0252 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 2021-0252 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0252 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.
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2021-0252 is at the applicable

[[Page 68618]]

``limitations'' and ``intervals'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2021-0252, 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 2021-0252 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0252 does not apply 
to this AD.

(k) New Provisions for Alternative Actions, Intervals, and CDCCLs

    After the existing maintenance or inspection program has been 
revised as required by paragraph (i) of this AD, no alternative 
actions (e.g., inspections), intervals, and CDCCLs are allowed 
unless they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2021-0252.

(l) 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 Manager, 
International Validation Branch, mail it to the address identified 
in paragraph (m) of this AD or email to: [email protected]. 
If mailing information, also submit information by email. 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.

(m) 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].

(n) 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.
    (3) The following service information was approved for IBR on 
December 21, 2022.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0252, 
dated November 17, 2021.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
June 29, 2017 (82 FR 24017, May 25, 2017).
    (i) Airbus A330 Airworthiness Limitations Section (ALS) Part 5--
Fuel Airworthiness Limitations (FAL), Revision 01, dated October 28, 
2015.
    (ii) [Reserved]
    (5) For EASA AD 2021-0252, 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. For Airbus material, 
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 airbus.com">[email protected]airbus.com; website airbus.com.
    (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 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 October 6, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-24901 Filed 11-15-22; 8:45 am]
BILLING CODE 4910-13-P


