[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Proposed Rules]
[Pages 23589-23593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07885]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0924; Project Identifier MCAI-2022-01262-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) 
2021-16-18, which applies to all Airbus SAS Model A330-200 Freighter, 
A330-200, A330-300, A330-800, A330-900, A340-200, A340-300, A340-500, 
and A340-600 series airplanes. AD 2021-16-18 requires repetitive 
inspections of certain fuel pumps for cavitation erosion, replacement 
if necessary, revision of the existing operator's minimum equipment 
list (MEL), and accomplishment of certain maintenance actions related 
to defueling and ground fuel transfer operations. Since the FAA issued 
AD 2021-16-18, new, more erosion resistant pumps were developed and the 
FAA determined that affected fuel pumps must be replaced with new, more 
erosion resistant pumps. This proposed AD would continue to require the 
actions in AD 2021-16-18 and would require replacement of affected 
parts, which would terminate the repetitive inspections, as specified 
in a European Union Aviation Safety Agency (EASA) AD, which is proposed 
for incorporation by reference. This proposed AD would also prohibit 
the installation of certain affected parts. 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 June 2, 
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,

[[Page 23590]]

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-2023-0924; 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]; website easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu.
     For Eaton service information identified in this NPRM, you 
may contact Eaton Limited, Customer Support, Abbey Park, Southhampton 
Road, Titchfield, Fareham, Hampshire, PO14 4QA, U.K.; telephone +01 
329853000; Fax +01 329853714.
     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-2023-0924; Project Identifier 
MCAI-2022-01262-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

    The FAA issued AD 2021-16-18, Amendment 39-21681 (86 FR 60560, 
November 3, 2021) (AD 2021-16-18), which applies 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, A330-841, A330-941, A340-211, A340-212, 
A340-213, A340-311, A340-312, A340-313, A340-541, and A340-642 
airplanes. AD 2021-16-18 was prompted by EASA AD 2020-0283, dated 
December 17, 2020; corrected December 24, 2020 (EASA AD 2020-0283), 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union.
    AD 2021-16-18 requires repetitive inspections of certain fuel pumps 
for cavitation erosion, replacement if necessary, revision of the 
operator's existing MEL, and accomplishment of certain maintenance 
actions related to defueling and ground fuel transfer operations. The 
FAA issued AD 2021-16-18 to address fuel pump erosion caused by 
cavitation.

Actions Since AD 2021-16-18 Was Issued

    Since the FAA issued AD 2021-16-18, EASA superseded EASA AD 2020-
0283, and issued EASA AD 2022-0197, dated September 22, 2022 (EASA AD 
2022-0197) (also referred to as the MCAI), to correct an unsafe 
condition for 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. Model 
A330-743L, A340-542, and A340-643 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 new, more erosion resistant pumps have been 
developed to address the unsafe condition. The MCAI states there have 
been reports of fuel pumps showing cavitation erosion. This condition, 
if not detected and corrected, could result, in a case where the pump 
is running dry, in an ignition source in the fuel tank, which may 
result in a fuel tank explosion and consequent loss 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-2023-0924.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2021-16-18, this proposed AD would retain the 
requirements of AD 2021-16-18. Those requirements are referenced in 
EASA AD 2022-0197, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0197 specifies procedures for repetitive inspections 
of all affected parts; replacement of affected parts if necessary; 
replacement of certain part-numbered affected parts, which allows a 
terminating action for the repetitive inspections; updating of the 
applicable Master Minimum Equipment List (MMEL), and certain 
maintenance actions related to defueling and ground fuel transfer 
operations. EASA AD 2022-0197 also prohibits

[[Page 23591]]

certain affected parts from being installed.
    The FAA also reviewed Eaton Service Bulletin 8810-28-06, Revision 
2, dated March 1, 2019, which defines erosion cases and breakthrough.
    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 designs.

Proposed AD Requirements in This NPRM

    This proposed AD would retain the requirements of AD 2021-16-18. 
This proposed AD would require accomplishing the actions specified in 
EASA AD 2022-0197 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD.'' 
This proposed AD would also prohibit the installation of certain 
affected parts.

Other Relevant Rulemaking

    Note 4 of EASA AD 2022-0197 refers to EASA AD 2015-0194. EASA AD 
2015-0194 corresponds to FAA AD 2016-20-10, Amendment 39-18676 (81 FR 
71593, October 18, 2016 (AD 2016-20-10)). AD 2016-20-10 requires the 
replacement of fuel pumps that have part number (P/N) P/N 568-1-28300-
001, 568-1-28300-002, 568-1-28300-100, or 568-1-28300-101 with a pump 
having a part number other than those part numbers. However, operators 
should be aware that this proposed AD will prohibit the installation P/
N 568-1-28300-103 as of the effective date of the AD.
    AD 2016-20-10 also requires the replacement of P/N 568-1-28300-101 
within 72 months or 96 months after November 22, 2016 (the effective 
date of AD 2016-20-10), depending on the configuration of the installed 
fuel pumps. Paragraph (5) of EASA AD 2022-0197 specifies to replace P/N 
568-1-28300-101 at location A within 5 years after the effective date 
of that AD. Paragraph (6) of EASA AD 2022-0197 specifies to replace P/N 
568-1-28300-101 at location B within 7 years after the effective date 
of that AD. These new compliance times do not apply to those affected 
by AD 2016-20-10. Therefore, the FAA has clarified the compliance time 
in paragraph (h)(10) of this AD.

Compliance With MEL Revision

    EASA AD 2022-0197 requires operators to ``inform all flight crews'' 
of revisions to the MMEL, and thereafter to ``operate the aeroplane 
accordingly.'' However, this proposed AD would not specifically require 
those actions as they are already required by FAA regulations.
    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 MEL would be redundant 
and unnecessary. Further, compliance with such a requirement in an AD 
would be impracticable to demonstrate or track on an ongoing basis; 
therefore, a requirement to operate the airplane in such a manner would 
be unenforceable.

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 2022-0197 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0197 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 2022-0197 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-
0197. Service information required by EASA AD 2022-0197 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-0924 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 112 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                          Estimated Costs for Required Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Action                           Labor cost             Parts cost            Cost per product               Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-16-18..  Up to 69 work-hours x $85 per              $0  Up to $5,865....................  Up to $656,880.
                                        hour = Up to $5,865.
New proposed action..................  Up to 7 work-hours x $85 per            9,648  Up to $10,243...................  Up to $1,147,216.
                                        hour = $595.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

[[Page 23592]]

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:
0
a. Removing Airworthiness Directive (AD) 2021-16-18, Amendment 39-21681 
(86 FR 60560, dated November 3, 2021); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-0924; Project Identifier MCAI-2022-
01262-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 2, 2023.

(b) Affected ADs

    This AD replaces AD 2021-16-18, Amendment 39-21681 (86 FR 60560, 
dated November 3, 2021) (AD 2021-16-18).

(c) Applicability

    This AD applies to all Airbus SAS Airplanes, certificated in any 
category, and identified in paragraphs (c)(1) through (9) of this 
AD.
    (1) Model 330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 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 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of a fuel pump showing 
cavitation erosion that exposed the fuel pump power supply wires, 
and a determination that affected fuel pumps must be replaced with 
new, more erosion resistant pumps. The FAA is issuing this AD to 
address fuel pump erosion caused by cavitation. If this condition is 
not addressed, a pump running dry could result in a fuel tank 
explosion and consequent loss of the airplane.

(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 
2022-0197, dated September 22, 2022 (EASA AD 2022-0197).

(h) Exceptions to EASA AD 2022-0197

    (1) Where EASA AD 2022-0197 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0197 refers to ``31 December 2020 [the 
effective date of EASA AD 2020-0283],'' this AD requires using 
``December 8, 2021 (the effective date of AD 2021-16-18).''
    (3) Where EASA AD 2022-0197 refers to ``13 December 2019 [the 
effective date of EASA AD 2019-0291 at original issue],'' this AD 
requires using ``November 18, 2020 (the effective date of AD 2020-
21-05, Amendment 39-21278 (85 FR 64963, October 14, 2020)).''
    (4) Where EASA AD 2022-0197 refers to ``17 November 2017 [the 
effective date of EASA AD 2017-0224],'' this AD requires using 
``December 29, 2017 (the effective date of AD 2017-25-16, Amendment 
39-19130 (82 FR 58718, December 14, 2017)).''
    (5) Where EASA AD 2022-0197 refers to the master minimum 
equipment list (MMEL), this AD refers to the operator's minimum 
equipment list (MEL).
    (6) Where paragraphs (15), (16), and (17) of EASA AD 2022-0197 
specify to ``inform all flight crews, and, thereafter, operate the 
aeroplane accordingly,'' this AD does not require those actions as 
those actions are already required by existing FAA operating 
regulations (see 14 CFR 121.628(a)(2) and 121.628(a)(5)).
    (7) Where the Definitions section of EASA AD 2022-0197 specifies 
``erosion cases and breakthrough'' and refers to ``Eaton Aerospace 
Ltd SB 8810-28-06 Revision 2 (or later revisions),'' for this AD, 
use only Eaton Service Bulletin 8810-28-06, Revision 2, dated March 
1, 2019.
    (8) Note 4 of EASA AD 2022-0197 refers to EASA AD 2015-0194. 
EASA AD 2015-0194 corresponds to FAA AD 2016-20-10, Amendment 39-
18676 (81 FR 71593, October 18, 2016) (AD 2016-20-10).
    (9) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0197.
    (10) Where paragraphs (5) and (6) of EASA AD 2022-0197 specify a 
compliance time to replace part number (P/N) 568-1-28300-101, for 
airplanes identified in AD 2016-20-10, the compliance time to 
replace fuel pumps having P/N 568-1-28300-101, or a combination of 
P/N 568-1-28300-101 and certain other part numbers, is specified in 
paragraphs (h)(1) and (2) of AD 2016-20-10, as applicable.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0197 
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

[[Page 23593]]

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 (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) Eaton Service Bulletin 8810-28-06, Revision 2, dated March 
1, 2019.
    (ii) European Union Aviation Safety Agency (EASA) AD 2022-0197, 
dated September 22, 2022 (EASA AD 2022-0197).
    (3) For Eaton service information identified in this AD, contact 
Eaton Limited, Customer Support, Abbey Park, Southhampton Road, 
Titchfield, Fareham, Hampshire, PO14 4QA, U.K.; telephone + 01 
329853000; Fax + 01 329853714.
    (4) For EASA AD 2022-0197, 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.
    (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 April 8, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07885 Filed 4-17-23; 8:45 am]
BILLING CODE 4910-13-P