[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Rules and Regulations]
[Pages 56561-56563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19808]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / 
Rules and Regulations  

[[Page 56561]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0391; Project Identifier MCAI-2021-00980-T; 
Amendment 39-22163; AD 2022-18-12]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A330-841 and -941 airplanes. This AD was prompted by a 
report of erroneous electronic centralized airplane monitoring (ECAM) 
warnings for low engine oil pressure, which can lead to a commanded 
shutdown of an engine. This AD requires installing serviceable engine 
electronic control (EEC) software or EEC units having the serviceable 
software, limiting certain parts installation configurations, and prior 
or concurrent modification of EEC software, 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 October 20, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 20, 
2022.

ADDRESSES: 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]; internet 
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 
regulations.gov by searching for and locating Docket No. FAA-2022-0391.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-0391; 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 and fax 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 2021-0198, dated August 27, 2021 
(EASA AD 2021-0198) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A330-841 and -941 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus SAS Model 
A330-841 and -941 airplanes. The NPRM published in the Federal Register 
on April 5, 2022 (87 FR 19651). The NPRM was prompted by a report of 
erroneous ECAM warnings for low engine oil pressure, which can lead to 
a commanded shutdown of an engine. The NPRM proposed to require 
installing serviceable EEC software or EEC units having the serviceable 
software, limiting certain parts installation configurations, and prior 
or concurrent modification of EEC software, as specified in EASA AD 
2021-0198.
    The FAA is issuing this AD to address erroneous ECAM engine oil 
pressure warnings, which could lead to dual engine in-flight shutdown 
and result in reduced control of the airplane. See the MCAI for 
additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from three commenters, including Delta 
Air Lines and two individuals. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request for Incorporation by Reference Paragraph

    Delta Air Lines (Delta) requested adding paragraph (k), ``Material 
Incorporated by Reference,'' to the proposed AD that states the 
incorporation by reference of EASA AD 2021-0198. Delta supported the 
improved efficiency of FAA ADs that reference EASA ADs as a primary 
source of information for accomplishing the requirements of FAA ADs.
    The FAA agrees to add paragraph (k) to this AD to identify the 
material that is incorporated by reference. In ADs, whenever there is 
material to be incorporated by reference, the paragraph that states 
which material has been approved by the Director of the Federal 
Register for incorporation by reference is typically added to final 
rules, not NPRMs.

General Statement of Disagreement

    Two individuals generally disagreed with the proposed AD without 
any further justification.
    The FAA infers that these individuals are requesting that the FAA 
withdraw the proposed AD. The FAA disagrees with withdrawing the 
proposed AD. The FAA has determined that the issuance of an 
airworthiness directive is the appropriate method to correct the unsafe 
condition described in this AD. The FAA has not changed the AD in this 
regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety requires

[[Page 56562]]

adopting this AD as proposed. Except for minor editorial changes, and 
any other changes described previously, 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 2021-0198 specifies procedures for installing serviceable 
EEC software or EEC units having the serviceable software, limiting 
certain parts installation configurations, and prior or concurrent 
modification of EEC software. 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 11 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
21 work-hours x $85 per hour = $1,785........................              $0           $1,785          $19,635
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the software update specified in this AD.
    According to the manufacturer, some or all of the costs of this 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

    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:

2022-18-12 Airbus SAS: Amendment 39-22163; Docket No. FAA-2022-0391; 
Project Identifier MCAI-2021-00980-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 20, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A330-841 and -941 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 73, Engine Fuel 
& Control.

(e) Unsafe Condition

    This AD was prompted by a report of erroneous electronic 
centralized airplane monitoring (ECAM) warnings for low engine oil 
pressure, which can lead to a commanded shutdown of an engine. The 
FAA is issuing this AD to address erroneous ECAM engine oil pressure 
warnings, which could lead to dual engine in-flight shutdown and 
result in reduced 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, European Union Aviation Safety Agency (EASA) AD 
2021-0198, dated August 27, 2021 (EASA AD 2021-0198).

(h) Exceptions to EASA AD 2021-0198

    (1) Where EASA AD 2021-0198 refers to its effective date or ``10 
September 2021,'' this AD requires using the effective date of this 
AD.
    (2) Where paragraphs (5) and (6) of EASA AD 2021-0198 refers to 
``From 10 September 2021 . . . until 09 September 2023,'' this AD 
requires using ``from the effective date of this AD up to 24 months 
after the effective date of this AD.''
    (3) Where paragraph (7) of EASA AD 2021-0198 refers to ``10 
September 2023,'' this AD requires using 24 months after the 
effective date of this AD.
    (4) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0198.

(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

[[Page 56563]]

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 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 and fax 206-231-3229; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2021-0198, 
dated August 27, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0198, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet 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: archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 23, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-19808 Filed 9-14-22; 8:45 am]
BILLING CODE 4910-13-P