[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20735-20738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07135]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1242; Project Identifier MCAI-2022-00433-T;
Amendment 39-22379; AD 2023-05-10]
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 all
Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A330-800,
A330-900, A340-200, A340-300, A340-500, and A340-600 series airplanes.
This AD was prompted by a report that an A319 airplane lost the right-
hand front windshield in flight. Due to the design similarity, this
condition can also exist or develop on Model A330 and A340 airplanes.
This AD requires repetitive detailed inspections (DET) and electrical
test measurements (ETM) of the affected parts and applicable corrective
action, and prohibits the installation of affected parts under certain
conditions, 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 May 12, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 12,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1242; 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.
Material Incorporated by Reference:
For material incorporated by reference 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 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 under Docket No. FAA-2022-1242.
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
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
A330-201, 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, A330-743L, A330-841, A330-941, A340-211, A340-212,
A340-213, A340-311, A340-312, A340-313, A340-541, A340-542, A340-642,
and A340-643 airplanes. The NPRM published in the Federal Register on
September 30, 2022 (87 FR 59342). The NPRM was prompted by AD 2022-
0057, dated March 28, 2022, issued by EASA, which is the Technical
Agent for the Member States of the European Union (EASA AD 2022-0057)
(also referred to as the MCAI). The MCAI states that a Model A319
airplane lost the right-hand front windshield in flight, with
consequent rapid cockpit depressurization, causing damage to cockpit
items/systems and significant increase of flightcrew workload. The
investigations identified several contributing factors, including
manufacturing variability, fretting between windshield components,
water ingress, and electrical braids corrosion, which led to a thermal
shock/overheat, damaging more than one windshield structural ply and
impairing the structural integrity of the windshield. Due to the design
similarity, this condition can also exist or develop on Model A330 and
A340 airplanes. This condition, if not addressed, could possibly result
in injury to the flightcrew and in-flight depressurization of the
airplane, and would significantly increase pilot workload.
In the NPRM, the FAA proposed to require repetitive DET and ETM of
the affected parts and applicable corrective action, and to prohibit
the installation of affected parts under certain conditions, as
specified in EASA AD 2022-0057. The FAA is issuing this AD to address
possible windshield failure. This condition, if not addressed, could
possibly result in injury to the flightcrew and in-flight
depressurization of the airplane, and would significantly increase
pilot workload.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1242.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
The FAA received additional comments from Delta Air Lines (DAL) and
another commenter whose comments were outside the scope of this AD. The
following presents the comments received on the NPRM and the FAA's
response to each comment.
Request To Clarify Testing Requirements
DAL asked for clarification of whether a windshield that fails the
DET must have the ETM performed before it is
[[Page 20736]]
replaced. DAL noted that, according to EASA AD 2022-0057 paragraphs (2)
and (4), an ETM is to follow any DET. However, paragraphs (6) and (7)
of EASA AD 2022-0057 prescribe corrective action (part replacement) for
failing the DET or the ETM respectively, and it is unclear whether the
ETM is required after a part fails the DET.
The FAA agrees to clarify the windshield testing requirements. EASA
AD 2022-0057 requires both a DET and an ETM, regardless of the
inspection results. The DET determines whether there is delamination
and water ingress or corrosion inside the terminal block, whereas the
ETM involves insulation and dielectric tests that help to detect
potential wiring insulation damage and core degradation. Since there
are multiple contributing factors and results related to the unsafe
condition, it is important that both the DET and ETM be accomplished so
that the extent of the unsafe condition can be addressed. Paragraph (6)
of the EASA AD 2022-0057 requires replacement of the affected part if
during DET any defect is found, and paragraph (7) of the EASA AD 2022-
0057 requires replacement of the affected part in case the results of
the ETM are found in the ``red area.''
Request To Change a Definition
DAL requested a change to the definition of ``defect'' given in
paragraph (h)(2) of the proposed AD. DAL recommended using the DET
``pass/fail'' criteria given in the vendor service information as the
definition, because ``defect'' is not defined in either the MCAI or the
service information. DAL explained that the definition in the proposed
AD includes ``manufacturing variability'' and ``fretting between
windshield components,'' but the service information does not specify a
search for either of these factors. Also, ``manufacturing variability''
cannot be inspected for without identifying what the norm would be.
The FAA agrees to change the definition of ``defect'' to be
consistent with the terminology in the service information. The
definition change is based on the pass/fail criteria of the vendor
service bulletin which specifies that if any humidity, moisture/water
ingress, or corrosion is detected, or if the connector cannot be
opened, the windshield must be rejected. However, the Airbus service
information uses ``delamination and/or bubbles'' in lieu of the term
humidity, and the FAA has determined ``delamination and/or bubbles'' is
a more appropriate term. The FAA has changed paragraph (h)(2) of this
AD to clarify that, for purposes of this AD, defects include evidence
of any delamination and/or bubbles, moisture/water ingress, or
corrosion, or a connector that cannot be opened.
Request To Allow the Use of Repair Design Approval Forms (RDAFs)
DAL requested that the FAA approve the use of certain RDAFs as
acceptable methods for completing certain steps specified in the
service information, because those steps are not accomplishable as they
are described in the service information.
The FAA does not agree to grant the requested approval because the
FAA has not been able to determine whether the RDAFs provide an
acceptable method for addressing the unsafe condition. Reportedly,
Airbus has issued these RDAFs specifically for the use by certain
operators, including DAL, and have not granted their applicability to
other operators. The use of these RDAFs may be approved through the
alternative method of compliance (AMOC) process specified in paragraph
(j)(1) of this AD if requested. This AD has not been changed.
Request for Clarification on Affected Parts
DAL requested clarification of whether the amendment part numbers
listed in the service information represent affected parts and
suggested creating an additional exception in paragraph (h) of the
proposed AD to specify this. DAL remarked that the EASA AD 2022-0057
lists 10 affected parts. However, the vendor service information lists
those same 10 part numbers and several amendment part numbers in its
applicability.
The affected parts identified in Table 1 of EASA AD 2022-0057 refer
to all of the part numbers listed in the service information, including
those marked as ``A'', ``B'', ``Amendt A'' or ``Amendt B'' in the table
of windshield part numbers in the vendor service information. An
exception has been added as paragraph (h)(4) of this AD, stating ``For
Table 1 of EASA AD 2022-0057, the identified part numbers include those
regardless of amendment level following the part number.''
Conclusion
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 reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. 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.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0057 specifies procedures for repetitive DET and ETM
of the affected parts and applicable corrective actions. Corrective
actions include replacement. EASA AD 2022-0057 also limits the
installation of affected parts under certain conditions. 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 131 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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5 work-hours x $85 per hour = $425........................... $0 $425 $55,675
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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:
[[Page 20737]]
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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20 work-hours x $85 per hour = $1,700......................................... $11,393 $13,093
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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,
(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:
2023-05-10 Airbus SAS: Amendment 39-22379; Docket No. FAA-2022-1242;
Project Identifier MCAI-2022-00433-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 12, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (9) of this AD, certificated in any
category.
(1) Model A330-201, -202, -203, -223, and -243 airplanes.
(2) Model A330-223F and -243F airplanes.
(3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
(4) Model A330-841 airplanes.
(5) Model A330-941 airplanes.
(6) Model A340-211, -212, and -213 airplanes.
(7) Model A340-311, -312, and -313 airplanes.
(8) Model A340-541 airplanes.
(9) Model A340-642 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 56, Windows.
(e) Unsafe Condition
This AD was prompted by a report that a Model A319 airplane lost
the right-hand front windshield in flight. Due to the design
similarity, this condition can also exist or develop on Model A330
and A340 series airplanes. The FAA is issuing this AD to address
possible windshield failure. This condition, if not addressed, could
possibly result in injury to the flightcrew and in-flight
depressurization of the airplane, and would significantly increase
pilot workload.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0057, dated March 28, 2022 (EASA AD 2022-0057).
(h) Exceptions to EASA AD 2022-0057
(1) Where EASA AD 2022-0057 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (6) of EASA AD 2022-0057 refers to a
``defect, as identified in the SB,'' for purposes of this AD,
defects include evidence of any delamination and/or bubbles,
moisture/water ingress, or corrosion, or a connector that cannot be
opened.
(3) The ``Remarks'' section of EASA AD 2022-0057 does not apply
to this AD.
(4) For Table 1 of EASA AD 2022-0057, the identified part
numbers include those regardless of amendment level following the
part number.
(i) No Reporting Requirement
Although paragraphs (11) and (12) of EASA AD 2022-0057 and the
service information referenced therein specify 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,
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 (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, 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 (j)(2) of this AD, if any service information contains
procedures
[[Page 20738]]
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 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].
(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 2022-0057,
dated March 28, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0057, 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 March 9, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07135 Filed 4-6-23; 8:45 am]
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