[Federal Register Volume 87, Number 162 (Tuesday, August 23, 2022)]
[Rules and Regulations]
[Pages 51588-51590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18112]



[[Page 51588]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0522; Project Identifier MCAI-2022-00340-T; 
Amendment 39-22135; AD 2022-16-06]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A330-200, A330-200 Freighter, A330-300, and 
A330-900 series airplanes; and all Model A340-200 and A340-300 series 
airplanes. This AD was prompted by recent tests that demonstrated that 
when the upper secondary load path (SLP) of the trimmable horizontal 
stabilizer actuator (THSA) is engaged, the THSA might not stall, with 
consequently no indication of SLP engagement. This AD requires 
modifying the THSA installation, implementing the electrical load 
sensing device (ELSD) wiring provisions, and installing and activating 
the ELSD, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective September 27, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
27, 2022.

ADDRESSES: For 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]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at ad.easa.europa.eu. 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 www.regulations.gov under Docket No. FAA-2022-0522.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov under Docket 
No. FAA-2022-0522; 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.

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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0039, dated March 8, 2022 (EASA 
AD 2022-0039) (also referred to as the MCAI), to correct an unsafe 
condition for certain Airbus SAS Model 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, and A330-
941 airplanes; and all Model A340-211, A340-212, A340-213, A340-311, 
A340-312, and A340-313 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus SAS 
Model 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, and A330-941 airplanes; and all Model 
A340-211, A340-212, A340-213, A340-311, A340-312, and A340-313 
airplanes. The NPRM published in the Federal Register on May 19, 2022 
(87 FR 30434). The NPRM was prompted by recent tests that demonstrated 
that when the upper SLP of the THSA is engaged, the THSA might not 
stall, with consequently no indication of SLP engagement. The NPRM 
proposed to require modifying the THSA installation, implementing the 
ELSD wiring provisions, and installing and activating the ELSD, as 
specified in EASA AD 2022-0039.
    The FAA is issuing this AD to address the unsafe condition on these 
products. See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International, which supported the NPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety requires adopting this AD as 
proposed. 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. Accordingly, the FAA is issuing this AD to 
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0039 specifies procedures for modification to the THSA 
by installation and activation of the ELSD, and installation of the 
wiring provisions for the ELSD. The installation and activation of the 
ELSD include installation of the ELSD on the THSA, modification of the 
electrical harness, and modification of the circuit breaker in the 
auxiliary power unit (APU) control box. The installation of the wiring 
provisions for the ELSD includes modifying the structure at frame 87, 
installing the brackets at frame 87, installing the electrical dummy 
connectors, rerouting the wire between frame 56 and frame 69, modifying 
the circuit breaker box, modifying the electrical harness, and 
rerouting the wiring.
    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 120 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 51589]]



                                      Estimated Costs for Required Actions
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           Labor cost                    Parts cost             Cost per product        Cost on U.S. operators
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57 work-hours x $85 per hour =   Up to $23,000............  Up to $27,845...........  Up to $3,341,400.
 $4,845.
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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 adding the following new airworthiness 
directive:

2022-16-06 Airbus SAS: Amendment 39-22135; Docket No. FAA-2022-0522; 
Project Identifier MCAI-2022-00340-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 27, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS airplanes specified in paragraphs 
(c)(1) and (2) of this AD, certificated in any category, as 
identified in European Union Aviation Safety Agency (EASA) AD 2022-
0039, dated March 8, 2022 (EASA AD 2022-0039).
    (1) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301, 
-302, -303, -321, -322, -323, -341, -342, -343, and -941 airplanes.
    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This proposed AD was prompted by recent tests that demonstrated 
that when the upper secondary load path (SLP) of the trimmable 
horizontal stabilizer actuator (THSA) is engaged, the THSA might not 
stall, with consequently no indication of SLP engagement. The FAA is 
issuing this AD to prevent damage on the upper THSA SLP attachment, 
with consequent mechanical disconnection of the THSA, possibly 
resulting in loss of control of the airplane.

(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, EASA AD 2022-0039.

(h) Exceptions to EASA AD 2022-0039

    (1) Where EASA AD 2022-0039 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2022-0039 does not apply 
to this AD.

(i) Additional 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 (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, 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.
    (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) Related Information

    For 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].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of

[[Page 51590]]

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 2022-0039, 
dated March 8, 2022.
    (ii) [Reserved]
    (3) For the service information identified 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 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 July 28, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-18112 Filed 8-22-22; 8:45 am]
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