[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57804-57807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20605]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1169; Project Identifier MCAI-2022-01068-T; 
Amendment 39-22190; AD 2022-20-06]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A320-251N, -253N, and -271N airplanes; and 
Model A321-251N, -253N, -271N, and -272N airplanes. This AD was 
prompted by the failure of an electronic centralized aircraft monitor 
(ECAM) warning to be triggered during heating of several sensing 
elements of the over-heat detection system (OHDS) loop sequentially 
during flight test operation procedures. This AD requires revising the 
existing airplane flight manual (AFM) with an AFM Temporary Revision 
(TR) to provide procedures to operate the airplane without functioning 
bleed leak detection; revising the operator's existing FAA-approved 
minimum equipment list (MEL); and modifying the electrical connections 
of the bleed monitoring computers (BMCs), which allows for the removal 
of the AFM TR and the MEL revision; 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 becomes effective October 7, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 7, 
2022.
    The FAA must receive comments on this AD by November 7, 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 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 No. FAA-2022-1169; 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 AD, 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 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 material on the EASA website at ad.easa.europa.eu.
     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.

FOR FURTHER INFORMATION CONTACT: Manuel Hernandez, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5256; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-1169; Project Identifier MCAI-
2022-01068-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Manuel 
Hernandez, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO 
Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5256; 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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0165,

[[Page 57805]]

dated August 9, 2022 (EASA AD 2022-0165) (also referred to as the 
MCAI), to correct an unsafe condition for certain Airbus SAS Model 
A320-251N, -253N, and -271N airplanes; and Model A3210-251N, -253N, -
271N, and -272N airplanes.
    The MCAI states that during operation of a flight test aircraft, it 
was reported that during heating of several sensing elements of the 
OHDS loop sequentially, no ECAM warning was triggered. The same 
behavior was observed in all OHDS loops of the airplane. Investigation 
identified a missing electrical grounding of the OHDS sensing element 
up to the BMC connector, impairing the OHDS leak detection capability 
in all OHDS loops of the airplane. This condition, if not detected and 
corrected, could lead to hot air bleed leakage undetected by the OHDS 
loops, possibly resulting in exposure of airplane structure and systems 
(e.g., fuel and hydraulic) to high temperatures and consequent reduced 
structural integrity of the airplane, fire ignition, or systems 
malfunction.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1169.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0165 specifies incorporating revised AFM operational 
procedures and an MMEL update for operating the airplane without 
functioning bleed leak detection; and modifying the electrical 
connections of the BMCs, which allows for the removal of the AFM 
operational procedures and the MMEL update. 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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
described above. The FAA is issuing this AD after determining that the 
unsafe condition described previously is likely to exist or develop on 
other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2022-0165 described previously, except for any differences identified 
as exceptions in the regulatory text of this AD.

Compliance With AFM and MEL Revisions

    EASA AD 2022-0165 requires operators to ``inform all flight crews'' 
of revisions to the AFM and MEL, and thereafter to ``operate the 
aeroplane accordingly.'' However, this AD does not specifically require 
those actions as those actions are already required by FAA regulations.
    FAA regulations require operators furnish to pilots any changes to 
the AFM (for example, 14 CFR 121.137), and to ensure the pilots are 
familiar with the AFM (for example, 14 CFR 91.505). As with any other 
flightcrew training requirement, training on the updated AFM content is 
tracked by the operators and recorded in each pilot's training record, 
which is available for the FAA to review. FAA regulations also require 
pilots to follow the procedures in the existing AFM including all 
updates. 14 CFR 91.9 requires that any person operating a civil 
aircraft must comply with the operating limitations specified in the 
AFM.
    FAA regulations (14 CFR 121.628 (a)(2)) require operators to 
provide pilots with access to all of the information contained in the 
operator's MEL. Furthermore, 14 CFR 121.628 (a)(5) requires airplanes 
to be operated under all applicable conditions and limitations 
contained in the operator's MEL.
    Therefore, including a requirement in this AD to operate the 
airplane according to the revised AFM and MEL would be redundant and 
unnecessary.

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, 
EASA AD 2022-0165 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2022-0165 through that incorporation, 
except for any differences identified as exceptions in the regulatory 
text of this AD. Using common terms that are the same as the heading of 
a particular section in EASA AD 2022-0165 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-
0165. Service information required by EASA AD 2022-0165 for compliance 
will be available at regulations.gov under Docket No. FAA-2022-1169 
after this AD is published.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because hot air bleed leakage undetected by the OHDS loops could result 
in exposure of airplane structure and systems (e.g., fuel and 
hydraulic) to high temperatures and consequent reduced structural 
integrity of the airplane, fire ignition, or systems malfunction. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 290 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 57806]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM and MEL revisions.................  2 work-hours x $85 per                $0            $170         $49,300
                                         hour = $170.
BMC modification......................  5 work-hours x $85 per                 0             425         123,250
                                         hour = $425.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2022-20-06 Airbus SAS: Amendment 39-22190; Docket No. FAA-2022-1169; 
Project Identifier MCAI-2022-01068-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 7, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes identified in 
paragraphs (c)(1) and (2) of this AD, certificated in any category, 
as identified in European Union Aviation Safety Agency (EASA) AD 
2022-0165, dated August 9, 2022 (EASA AD 2022-0165).
    (1) Model A320-251N, -253N, and -271N airplanes.
    (2) Model A321-251N, -253N, -271N, and -272N airplanes.

(d) Subject

    Air Transport Association (ATA) of America Codes 30, Ice and 
rain protection; and 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by the failure of an electronic centralized 
aircraft monitor (ECAM) warning to be triggered when heating several 
sensing elements of the over-heat detection system (OHDS) loop 
sequentially. The FAA is issuing this AD to address hot air bleed 
leakage undetected by the over-heat detection system (OHDS) loops, 
which could result in exposure of airplane structure and systems 
(e.g., fuel and hydraulic) to high temperatures and consequent 
reduced structural integrity of the airplane, fire ignition, or 
systems malfunction.

(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 2022-0165.

(h) Exceptions to EASA AD 2022-0165

    (1) Where EASA AD 2022-0165 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraphs (1) and (3) of EASA AD 2022-0165 specify to 
``inform all flight crews'' and thereafter to ``operate the 
aeroplane accordingly,'' this AD does not require those actions as 
those actions are already required by existing FAA operating 
regulations.
    (3) The ``Remarks'' section of EASA AD 2022-0165 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0165 
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]. 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.
    (3) Required for Compliance (RC): Except as required by 
paragraph (k)(2) of this AD, if any service information referenced 
in EASA AD 2022-0165 that contains paragraphs that are labeled as 
RC, the instructions in RC paragraphs, including subparagraphs under 
an RC paragraph, must be done to comply with this AD; any 
paragraphs, including subparagraphs under those paragraphs, that are 
not identified as RC are recommended. The instructions in 
paragraphs, including subparagraphs under those paragraphs, 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

[[Page 57807]]

AMOC, provided the instructions identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to instructions identified as RC require 
approval of an AMOC.

(k) Additional Information

    For more information about this AD, contact Manuel Hernandez, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5256; email [email protected].

(l) 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 2022-0165, 
dated August 9, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0165, 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 September 15, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-20605 Filed 9-20-22; 11:15 am]
BILLING CODE 4910-13-P