[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Proposed Rules]
[Pages 74519-74522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26409]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / 
Proposed Rules  

[[Page 74519]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1491; Project Identifier MCAI-2022-00924-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus SAS Model A318 series airplanes; Model A319 series 
airplanes; Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes; and Model A321 series 
airplanes. This proposed AD was prompted by a report that certain 
overheat detection system (OHDS) sensing elements installed at certain 
positions might not properly detect thermal bleed leak events due to a 
quality escape during the manufacturing process. This proposed AD would 
require a one-time detailed inspection of each affected part installed 
at an affected position and, depending on the findings, replacement; 
and would prohibit the installation of affected parts at affected 
positions, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is proposed for incorporation by reference. 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 January 20, 
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 No. FAA-2022-1491; 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 EASA material that will be 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 
easa.europa.eu. It is also available in the AD docket at 
regulations.gov by searching for and locating Docket No. FAA-2022-1491.
     For Kidde Aerospace & Defense service information 
identified in this proposed AD, contact Kidde Aerospace & Defense, 4200 
Airport Drive NW, Wilson, NC 27896; phone: 252-246-7134; fax: 252-246-
7181; email: [email protected]; website kiddeaerospace.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.

FOR FURTHER INFORMATION CONTACT: Hyeyoon Jang, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th Street, Des Moines, WA 98198; telephone 817-222-5584; 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-2022-1491; Project Identifier 
MCAI-2022-00924-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 
Hyeyoon Jang, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th Street, Des Moines, 
WA 98198; telephone 817-222-5584; 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 2022-0147, dated July 14, 2022; 
corrected August 17, 2022 (EASA AD 2022-0147) (also referred to as the 
MCAI), to correct an unsafe condition for all Airbus SAS

[[Page 74520]]

Model A318 series airplanes; Model A319 series airplanes; Model A320-
211, -212, -214, -215, -216, -231, -232, -233, -251N, -252N, -253N, -
271N, -272N, and -273N airplanes; and Model A321 series airplanes. 
Model A320-215 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 the affected part manufacturer, Kidde 
Aerospace & Defense, reported that certain OHDS sensing elements, 
produced before January 31, 2021, may not properly detect thermal bleed 
leak events due to a quality escape during the manufacturing process. 
The MCAI states that the unsafe condition, if not addressed, could 
result in an air leak remaining undetected by the OHDS at an affected 
position (i.e., a position identified as functional item number (FIN) 
34HF, FIN 35HF, FIN 61HF or FIN 62HF) and not being isolated during 
flight, possibly resulting in localized areas of the main landing gear 
bay and keel beam being exposed to high temperatures, and consequent 
reduced structural integrity of the airplane.
    The FAA is proposing this AD to address the unsafe condition on 
these products. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2022-1491.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0147 specifies procedures for a one-time special 
detailed inspection (SDI) of each OHDS sensing element installed at an 
affected position to detect discrepancies (an incorrect electronic 
centralized aircraft monitor (ECAM) alert (one not related to AIR L 
WING LEAK) being displayed following the inspection of any OHDS sensing 
element) and, depending on findings, replacement of any affected part 
with a serviceable part. EASA AD 2022-0147 also prohibits the 
installation of affected parts at affected positions.
    Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated January 
13, 2022; and Revision 1, dated March 29, 2022, specify the part 
numbers and corresponding date codes of the affected OHDS sensing 
elements.
    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

    These products have been approved by the aviation authority of 
another country and are 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 and service information referenced above. The FAA is issuing 
this NPRM after determining that the unsafe condition described 
previously is likely to exist or develop in other products of these 
same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0147 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 2022-0147 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0147 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 2022-0147 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-
0147. Service information required by EASA AD 2022-0147 for compliance 
will be available at regulations.gov by searching for and locating 
Docket No. FAA-2022-1491 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 1,836 
airplanes of U.S. registry. The FAA estimates the following costs to 
comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                             Labor cost                               Parts cost      product       operators
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510.................................           $0          $510         $936,360
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
            Labor cost                Parts cost      Cost per product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85..          $1,645  $1,730 (per OHDS
                                                     sensing element).
------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed 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,

[[Page 74521]]

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 adding the following new airworthiness 
directive:

Airbus SAS: Docket No. FAA-2022-1491; Project Identifier MCAI-2022-
00924-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 20, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any 
category, as identified in paragraphs (c)(1) through (4) of this AD.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX, 
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a report that certain overheat detection 
system (OHDS) sensing elements installed at certain positions might 
not properly detect thermal bleed leak events due to a quality 
escape during the manufacturing process. The FAA is issuing this AD 
to address OHDS sensing elements that do not properly detect thermal 
bleed leak events. The unsafe condition, if not addressed, could 
result in an air leak remaining undetected by the OHDS at an 
affected position and not being isolated during flight, possibly 
resulting in localized areas of the main landing gear bay and keel 
beam being exposed to high temperatures, and consequent 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 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 
2022-0147, dated July 14, 2022; corrected August 17, 2022 (EASA AD 
2022-0147).

(h) Exceptions to EASA AD 2022-0147

    (1) Where EASA AD 2022-0147 defines ``Affected part'' and 
identifies part numbers and corresponding date codes as those 
``listed in Section 1.A of the VSB,'' for this AD, those part 
numbers and corresponding date codes are listed in Section 1.A. of 
Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated January 
13, 2022; or Revision 1, dated March 29, 2022.
    (2) Where EASA AD 2022-0147 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (2) of EASA AD 2022-0147 refers to ``any 
discrepancy as defined in the SB,'' for this AD, a discrepancy is an 
incorrect electronic centralized aircraft monitor (ECAM) alert (one 
not related to AIR L WING LEAK) being displayed following the 
inspection of any OHDS sensing element.
    (4) Where the service information referenced in EASA AD 2022-
0147 specifies to send an affected part to the manufacturer, this AD 
does not include that requirement.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0147.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0147 
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 (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 Hyeyoon Jang, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th Street, Des Moines, WA 98198; 
telephone 817-222-5584; email [email protected].

[[Page 74522]]

(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 2022-0147, 
dated July 14, 2022; corrected August 17, 2022.
    (ii) Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated 
January 13, 2022.
    (iii) Kidde Aerospace & Defense Service Bulletin CFD-26-3, 
Revision 1, dated March 29, 2022.
    (3) For EASA AD 2022-0147, 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) For Kidde Aerospace & Defense service information identified 
in this AD, contact Kidde Aerospace & Defense, 4200 Airport Drive 
NW, Wilson, NC 27896; phone: 252-246-7134; fax: 252-246-7181; email: 
[email protected]; website kiddeaerospace.com.
    (5) 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.
    (6) You may view this service information 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 November 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26409 Filed 12-5-22; 8:45 am]
BILLING CODE 4910-13-P