[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Proposed Rules]
[Pages 14303-14306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04654]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0428; Project Identifier MCAI-2022-01250-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) 
2017-06-07, which applies to all Airbus SAS Model A330-200 Freighter, -
200, and -300 series airplanes; and A340-200, -300, -500, and -600 
series airplanes. AD 2017-06-07 requires identification of potentially 
affected inboard flap parts, a one-time eddy current inspection to 
identify which material the parts are made of, and, depending on 
findings, replacement with serviceable parts. Since the FAA issued AD 
2017-06-07, it was determined that, even if affected inboard flaps were 
not installed on airplanes during production, affected inboard flaps 
could be installed on airplanes as spare parts. This proposed AD would 
continue to require the actions in AD 2017-06-07, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is proposed for 
incorporation by reference (IBR). This proposed AD would also reduce 
the allowance for the installation of affected parts under certain 
conditions. 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 April 24, 
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

[[Page 14304]]

No. FAA-2023-0428; 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 the EASA AD identified in this NPRM, you may 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. It is also 
available at regulations.gov under Docket No. FAA-2023-0428.

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-2023-0428; Project Identifier 
MCAI-2022-01250-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 
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.

Background

    The FAA issued AD 2017-06-07, Amendment 39-18831 (82 FR 17107, 
April 10, 2017) (AD 2017-06-07), for all Airbus SAS Model A330-223F and 
-243F airplanes; A330-201, -202, -203, -223, and -243 airplanes; A330-
301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes; 
A340-211, -212, and -213 airplanes; A340-311, -312, and -313 airplanes; 
A340-541 airplanes; and A340-642 airplanes. AD 2017-06-07 was prompted 
by an MCAI originated by EASA, which is the Technical Agent for the 
Member States of the European Union. EASA issued AD 2016-0231, dated 
November 22, 2016 (EASA AD 2016-0231), which superseded EASA AD 2016-
0082, dated April 27, 2016, to correct an unsafe condition identified 
as structural parts of inboard flaps made of nonconforming aluminum 
alloy, which could result in reduced structural integrity of the 
airplane.
    AD 2017-06-07 requires identification of potentially affected 
inboard flap parts, a one-time eddy current inspection to identify 
which material the parts are made of, and, depending on findings, 
replacement with serviceable parts. The FAA issued AD 2017-06-07 to 
detect and correct structural parts of inboard flaps made of 
nonconforming aluminum alloy, which could result in reduced structural 
integrity of the airplane.

Actions Since AD 2017-06-07 Was Issued

    Since the FAA issued AD 2017-06-07, EASA superseded AD 2016-0231 
and issued EASA AD 2022-0189, dated September 19, 2022 (EASA AD 2022-
0189) (also referred to as the MCAI), to correct an unsafe condition 
for all Airbus SAS Model A330-201, -202, -203, -223, -223F, -243, -
243F, -301, -302, -303, -321, -322, -323, -341, -342, -343, and -743L 
airplanes; and A340-211, -212, -213, -311, -312, -313, -541, -542, -
642, and -643 airplanes. Airbus SAS Model A330-743L, A340-542, and 
A340-643 airplanes are not certificated by the FAA and are not included 
on the U.S. type certificate data sheet; this proposed AD therefore 
does not include those airplanes in the applicability. The MCAI states 
that since EASA AD 2016-0231 was issued, it was determined that, even 
if affected inboard flaps were not installed on airplanes during 
production, affected inboard flaps could be installed on airplanes as 
spare parts. The unsafe condition, if not addressed, could result in 
reduced structural integrity of the airplane.
    The FAA is proposing this AD to detect and correct structural parts 
of inboard flaps made of nonconforming aluminum alloy. You may examine 
the MCAI in the AD docket at regulations.gov under Docket No. FAA-2023-
0428.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2017-06-07, this proposed AD would retain all of the 
requirements of AD 2017-06-07. Those requirements are referenced in 
EASA AD 2022-0189, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0189 specifies procedures for identification of 
potentially affected inboard flap parts, a one-time special detailed 
inspection (eddy current) to identify which material the parts are made 
of, and, depending on findings, replacement with serviceable parts. The 
MCAI also reduces the allowance for the installation of affected parts 
under certain conditions. 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

    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 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

[[Page 14305]]

in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0189 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 2022-0189 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0189 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 2022-0189 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 2022-
0189. Service information required by EASA AD 2022-0189 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-0428 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 36 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.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD                10 work-hours x $85 per               $0            $850         $30,600
 2017[dash]06[dash]07.                   hour = $850.
----------------------------------------------------------------------------------------------------------------

    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
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                                                             Cost per
              Labor cost                   Parts cost        product
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60 work-hours x $85 per hour = $5,100.      $1,345,000       $1,350,100
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. The FAA does not control warranty 
coverage for affected individuals. As a result, the FAA has included 
all known costs in the cost 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) 2017-06-07, Amendment 39-18831 
(82 FR 17107, April 10, 2017); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-0428; Project Identifier MCAI-2022-
01250-T.

[[Page 14306]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by April 24, 2023.

(b) Affected ADs

    This AD replaces AD 2017-06-07, Amendment 39-18831 (82 FR 17107, 
April 10, 2017) (AD 2017-06-07).

(c) Applicability

    This AD applies to all Airbus SAS Model A330-223F and -243F 
airplanes; A330-201, -202, -203, -223, and -243 airplanes; A330-301, 
-302, -303, -321, -322, -323, -341, -342, and -343 airplanes; A340-
211, -212, and -213 airplanes; A340-311, -312, and -313 airplanes; 
A340-541 airplanes; and A340-642 airplanes; certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports that nonconforming aluminum 
alloy was used to manufacture structural parts on the inboard flap. 
The FAA is issuing this AD to detect and correct structural parts of 
inboard flaps made of nonconforming aluminum alloy. 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) 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 
2022-0189, dated September 19, 2022 (EASA AD 2022-0189).

(h) Exceptions to EASA AD 2022-0189

    (1) Where EASA AD 2022-0189 refers to May 11, 2016 (the 
effective date of EASA AD 2016-0082, dated April 27, 2016), this AD 
requires using May 15, 2017 (the effective date of AD 2017-06-07).
    (2) Where EASA AD 2022-0189 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0189.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0189 
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].
    (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 2017-06-07 are approved as 
AMOCs for the corresponding provisions of EASA AD 2022-0189 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, 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 (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 (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 2022-0189, 
dated September 19, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0189, 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 March 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-04654 Filed 3-7-23; 8:45 am]
BILLING CODE 4910-13-P


