[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Proposed Rules]
[Pages 7370-7374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02105]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 88, No. 23 / Friday, February 3, 2023 /
Proposed Rules
[[Page 7370]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0156; Project Identifier MCAI-2022-01511-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)
2022-19-05, which applies to all Airbus SAS Model A330-841 and -941
airplanes. AD 2022-19-05 requires maintenance actions, including a high
pressure valve (HPV) seal integrity test, repetitive replacement of the
HPV clips, revision of the existing airplane flight manual (AFM), and
implementation of updates to the FAA-approved operator's minimum
equipment list (MEL). Since the FAA issued AD 2022-19-05, additional
instructions and maintenance procedures have been developed to address
failures of the HPV. This proposed AD continues to require certain
actions in AD 2022-19-05 and would provide additional criteria for the
installation of HPV and HPV clips, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is proposed for incorporated by
reference (IBR). 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 March 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-2023-0156; 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]. 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: 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-2023-0156; Project Identifier
MCAI-2022-01511-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
On August 18, 2022, the FAA issued Emergency AD 2022-18-51 for all
Airbus SAS Model A330-841 and -941 airplanes. Emergency AD 2022-18-51
corresponded to EASA Emergency AD 2022-0170-E, dated August 17, 2022
(EASA Emergency AD 2022-0170-E). EASA is the Technical Agent for the
Member States of the European Union. Emergency AD 2022-18-51 required
revising the existing AFM to incorporate additional limitations
prohibiting takeoff for certain airplane configurations; specified
airplane dispatch restrictions using certain provisions of the A330
MMEL or amending the existing FAA-approved operator's MEL; and required
obtaining and accomplishing instructions
[[Page 7371]]
following certain maintenance messages. The FAA issued Emergency AD
2022-18-51 to address a leaking HPV, which may expose the pressure
regulating valve (PRV), which is installed downstream from the HPV, to
high pressure, possibly damaging the PRV itself and preventing its
closure. The unsafe condition, if not addressed, could result in high
pressure and temperatures in the duct downstream from the PRV, with
possible duct burst, damage to several systems, and consequent loss of
control of the airplane.
Since the FAA issued Emergency AD 2022-18-51, EASA superseded its
Emergency AD 2022-0170-E and issued EASA AD 2022-0181, dated August 29,
2022 (EASA AD 2022-0181), to correct an unsafe condition for all Airbus
SAS A330-841 and -941 airplanes. The FAA issued AD 2022-19-05,
Amendment 39-22174 (87 FR 54870, September 8, 2022) (AD 2022-19-05),
for all Airbus SAS Model A330-841 and -941 airplanes. AD 2022-19-05 was
prompted by EASA AD 2022-0181, which was intended to address leaking
bleed system HPVs, likely due to HPV clip failure and sealing ring
damage.
AD 2022-19-05 requires revising the existing AFM to incorporate
additional limitations prohibiting takeoff for certain airplane
configurations; specifies airplane dispatch restrictions using certain
provisions of the A330 MMEL (master minimum equipment list) or amending
the existing FAA-approved operator's MEL; requires obtaining and
accomplishing instructions following certain maintenance messages;
revising the Limitations section of the AFM; updating the A330 MMEL
with new provisions and procedures; a seal integrity test of each HPV;
and a detailed inspection of the wing bellows. The FAA issued AD 2022-
19-05 to address the identified unsafe condition.
Actions Since AD 2022-19-05 Was Issued
Since the FAA issued AD 2022-19-05, EASA superseded EASA AD 2022-
0181, and issued EASA AD 2022-0227, dated November 24, 2022 (EASA AD
2022-0227), to correct an unsafe condition for all Airbus SAS Model
A330-841 and -941 airplanes. EASA AD 2022-0227 states that Airbus has
since published improved instructions and maintenance procedures to
address failures of the HPV and incorporate comments received.
FAA AD 2022-19-05 explained that the requirements were ``interim
action,'' and further rulemaking was being considered. The FAA has now
determined that further rulemaking is indeed necessary, and this
proposed AD follows from that determination.
The FAA is issuing this AD to address a leaking HPV, which may
expose the PRV, which is installed downstream from the HPV, to high
pressure, possibly damaging the PRV itself and preventing its closure.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0156.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2022-19-05, this proposed AD would retain certain
requirements of AD 2022-19-05. Those requirements are referenced in
EASA AD 2022-0227, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0227 specifies procedures for the following actions:
Revision of the Limitations section of the existing AFM
and removal of the previously required limitations.
Implementation of the instructions of the MMEL update on
the basis of which the operator's MEL must be amended with new
provisions and procedures for the following items: Air Conditioning
Pack, Engine Bleed Air Supply System, Engine Bleed IP (Intermediate
Pressure) Check Valve, and Engine Bleed HP Valve and cancel the
dispatch restrictions.
A seal integrity test of each HPV, and corrective actions
(including replacement of the HPV, and a detailed inspection of the
wing bellow on engine 1(2) and replacement of any damaged or deformed
wing bellow).
EASA AD 2022-0227 also describes the following maintenance
instructions, among other actions, to be accomplished following certain
faults or failures:
HPV troubleshooting procedure and additional maintenance
actions after any Class 1 maintenance message associated to an HPV
fault, and corrective actions (including replacement of the HPV or wing
bellow).
HPV seal integrity test and the additional maintenance
actions after any Class 1 or Class 2 maintenance message associated to
a PRV fault, and corrective actions (including replacement of the HPV
and PRV, and a detailed inspection of the wing bellow on engine 1(2)
and replacement of any damaged or deformed wing bellow).
A visual (borescope) inspection of the engine bleed air
system (EBAS) to detect signs of foreign object debris (FOD), including
metallic debris in the butterfly valve and dents or damage of the flaps
of the intermediate pressure check valve (IPCV), and dents and missing
segments in the PRV, the header of the high pressure/intermediate
pressure (HP/IP) duct, the y-duct, and the pylon ducts after any
failure of an HPV clip and/or any of the HPV butterfly sealing rings,
and corrective actions (including removing FOD and replacing the IPCV
or PRV).
A seal integrity test of each HPV after any take-off or
go-around accomplished with ``packs OFF'' or ``APU bleed ON'' or
``engine bleed OFF,'' and corrective actions (including replacement of
the HPV, and a detailed inspection of the wing bellow on engine 1(2)
and replacement of any damaged or deformed wing bellow).
Additional actions to be performed for any Class 1
maintenance message associated with an HPV fault.
Initial and repetitive replacement of each HPV clip with a
new HPV clip.
EASA AD 2022-0227 also specifies that HPV clips may be installed
provided they are new and serviceable, and replaced before exceeding
4,000 hours time-in-service.
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
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain certain requirements of AD 2022-19-
05. This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0227 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD and
except as discussed under ``Differences Between this Proposed AD and
the MCAI.''
Difference Between This Proposed AD and the MCAI
Although EASA AD 2022-0227 requires reporting any detected
failures,
[[Page 7372]]
this proposed AD would not require any reports. Collecting this
additional information will not add to the determination of the unsafe
condition or corrective actions.
Compliance With AFM and MEL Revisions
EASA AD 2022-0227 requires operators to ``inform all flight crews''
of revisions to the existing 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 to 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 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 proposed 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, the
FAA proposes to incorporate EASA AD 2022-0227 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0227 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 2022-0227 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-
0227. Service information required by EASA AD 2022-0227 for compliance
will be available at regulations.gov under Docket No. FAA-2023-0156
after the FAA final rule is published.
Interim Action
The FAA considers that this proposed AD would be an interim action.
The FAA anticipates that further AD action will follow.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 19 airplanes of U.S. registry. The new requirements of this AD
add no additional economic burden. The current costs for this AD are
repeated for the convenience of affected operators, as follows:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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AFM revision.......................... 1 work-hour x $85 per $0 $85 $1,615
hour = $85.
MEL update............................ 1 work-hour x 85 per 0 85 1,615
hour = 85.
HPV Seal Integrity Test............... 1 work-hour x 85 per 0 85 1,615
hour = 85.
HPV clip replacement (both engines)... 11 work-hours x 85 per 28 963 18,297
hour = 935.
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The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:
Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
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HPV replacement (each)........................ 4 work-hours x $85 per hour = $6,459 $6,799
$340.
Wing bellow replacement (each wing)........... 6 work-hours x 85 per hour = 510 663 1,173
PRV replacement (both engines)................ 9 work-hours x 85 per hour = 765 107,620 108,385
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The FAA has received no definitive data on which to base the cost
estimates for the maintenance actions or additional actions specified
in this proposed AD.
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.
[[Page 7373]]
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) 2022-19-05, Amendment 39-22174
(87 FR 54870, dated September 8, 2022); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2023-0156; Project Identifier MCAI-2022-
01511-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 20, 2023.
(b) Affected ADs
This AD replaces AD 2022-19-05, Amendment 39-22174 (87 FR 54870,
September 8, 2022) (AD 2022-19-05).
(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: 36, Pneumatic;
75, Air.
(e) Unsafe Condition
This AD was prompted by reports of leaking bleed system high
pressure valves (HPVs), likely due to HPV clip failure and sealing
ring damage, and by the development of additional instructions and
maintenance procedures to address HPV failures. The FAA is issuing
this AD to address a leaking HPV, which may expose the pressure
regulating valve (PRV), which is installed downstream from the HPV,
to high pressure, possibly damaging the PRV itself and preventing
its closure. The unsafe condition, if not addressed, could result in
high pressure and temperatures in the duct downstream from the PRV,
with possible duct burst, damage to several systems, and consequent
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, European Union Aviation Safety Agency (EASA) AD
2022-0227, dated November 24, 2022 (EASA AD 2022-0227).
(h) Exceptions to EASA AD 2022-0227
(1) Where EASA AD 2022-0227 refers to ``05 September 2022 [the
effective date of EASA AD 2022-0181],'' this AD requires using
September 15, 2022 (the effective date of AD 2022-19-05).
(2) Where EASA AD 2022-0227 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraphs (1) and (4) of EASA AD 2022-0227 specify to
inform all flightcrews of airplane flight manual (AFM) revisions and
dispatch limitations, and thereafter to operate the airplane
accordingly, this AD does not require those actions, as those
actions are already required by existing FAA regulations (see 14 CFR
91.9, 91.505, and 121.137).
(4) This AD does not adopt the reporting requirements of
paragraph (17) of EASA AD 2022-0227.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0227.
(i) 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 (j) 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 2022-19-05 are approved as
AMOCs for the corresponding provisions of EASA AD 2022-0227 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(s) (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) 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].
(k) 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 2022-0227,
dated November 24, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0227, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]. You may find this EASA AD on the EASA website at
ad.easa.europa.eu.
(4) 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.
(5) 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.
[[Page 7374]]
Issued on January 27, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-02105 Filed 2-2-23; 8:45 am]
BILLING CODE 4910-13-P