[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Rules and Regulations]
[Pages 24683-24686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08529]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0028; Project Identifier MCAI-2022-01164-T; 
Amendment 39-22404; AD 2023-07-02]
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 superseding Airworthiness Directive (AD) 2022-03-
12, which applied to all Airbus SAS Model A330-200, -300, -800, and -
900 series airplanes; and Model A340-200, -300, -500, and -600 series 
airplanes. AD 2022-03-12 required replacing the doghouse door lock 
placard with an improved instruction placard. This AD was prompted by 
reports that the instructions on the doghouse door lock placard are 
unclear and incomplete, and by a determination that additional parts 
need to be modified. This AD continues to require the actions in AD 
2022-03-12 and expands the list of affected parts, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is incorporated 
by reference. This AD also prohibits the installation of affected parts 
under certain conditions. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective May 30, 2023.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 24684]]

of a certain publication listed in this AD as of May 30, 2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0028; 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-2023-0028.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2022-03-12, Amendment 39-21929 (87 FR 8169, 
February 14, 2022) (AD 2022-03-12). AD 2022-03-12 applied to all Airbus 
SAS Model A330-200, -300, -800, and -900 series airplanes; and Model 
A340-200, -300, -500, and -600 series. AD 2022-03-12 required replacing 
the doghouse door lock placard with an improved instruction placard. AD 
2022-03-12 also prohibited the installation of affected parts under 
certain conditions. The FAA issued AD 2022-03-12 to address possible 
incorrect operation of the doghouse door lock due to unclear and 
incomplete handling instructions on the door placard installed near the 
lock. This condition, if not addressed, could lead to failure of the 
latch, which could block the door in the closed position and prevent 
access to the emergency equipment inside the doghouse.
    The NPRM published in the Federal Register on January 30, 2023 (88 
FR 5814). The NPRM was prompted by AD 2022-0179, dated August 26, 2022, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2022-0179) (also referred to as the MCAI). 
The MCAI states that the instructions on the doghouse door lock placard 
are unclear and incomplete, and could lead to incorrect operation of 
the lock. This condition, if not corrected, could lead to failure of 
the latch, blocking the door in the closed position and preventing 
access to emergency equipment, possibly resulting in injury to airplane 
occupants. Since EASA AD 2021-0136 was issued, it has been determined 
that additional parts need to be modified.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0028.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2022-03-12 and expand the list of affected parts, as specified in 
EASA AD 2022-0179, dated August 26, 2022. The NPRM also proposed to 
prohibit the installation of affected parts under certain conditions. 
The FAA is issuing this AD to address possible incorrect operation of 
the doghouse door lock due to unclear and incomplete handling 
instructions on the door placard installed near the lock. The unsafe 
condition, if not addressed, could result in failure of the latch, 
which could block the door in the closed position and prevent access to 
the emergency equipment inside the doghouse.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

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 this 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 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, 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 2022-0179 specifies procedures for replacing the doghouse 
door lock placard with an improved instruction placard. EASA AD 2022-
0179 also prohibits the installation of doghouses with incorrect 
instruction placards. 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 62 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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              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
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2 work-hours x $85 per hour = $170...  Up to $95 per placard..  Up to $265 per placard.  Up to $16,430.*
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* Assuming one placard per product. The number of placards on an airplane depends on the passenger configuration
  and varies from operator to operator.

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

[[Page 24685]]

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:
0
a. Removing Airworthiness Directive (AD) 2022-03-12, Amendment 39-21929 
(87 FR 8169, February 14, 2022); and
0
b. Adding the following new AD:

2023-07-02 Airbus SAS: Amendment 39-22404; Docket No. FAA-2023-0028; 
Project Identifier MCAI-2022-01164-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 30, 2023.

(b) Affected ADs

    This AD replaces AD 2022-03-12, Amendment 39-21929 (87 FR 8169, 
February 14, 2022) (AD 2022-03-12).

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any 
category, as identified in paragraphs (c)(1) through (8) of this AD.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (3) Model A330-841 airplanes.
    (4) Model A330-941 airplanes.
    (5) Model A340-211, -212, and -213 airplanes.
    (6) Model A340-311, -312, and -313 airplanes.
    (7) Model A340-541 airplanes.
    (8) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by reports that the instructions on the 
doghouse door lock placard are unclear and incomplete, and by a 
determination that additional parts need to be modified. The FAA is 
issuing this AD to address possible incorrect operation of the 
doghouse door lock due to unclear and incomplete handling 
instructions on the door placard installed near the lock. The unsafe 
condition, if not addressed, could result in failure of the latch, 
which could block the door in the closed position and prevent access 
to the emergency equipment inside the doghouse.

(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 
2022-0179, dated August 26, 2022 (EASA AD 2022-0179).

(h) Exceptions to EASA AD 2022-0179

    (1) Where EASA AD 2022-0179 refers to June 18, 2021 (the 
effective date of EASA AD 2021-0136), this AD requires using March 
21, 2022 (the effective date of AD 2022-03-12).
    (2) Where EASA AD 2022-0179 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Although EASA AD 2022-0179 specifies to ``remove the placard 
and install an improved handling instructions placard on each 
affected part,'' this AD requires replacing the placard on each 
affected part with an improved handling instructions placard.
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0179.

(i) Additional FAA 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]. 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 (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 and fax 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 2022-0179, 
dated August 26, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0179, 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

[[Page 24686]]

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 30, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-08529 Filed 4-21-23; 8:45 am]
BILLING CODE 4910-13-P