[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Rules and Regulations]
[Pages 32628-32631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10786]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1491; Project Identifier MCAI-2022-00924-T; 
Amendment 39-22424; AD 2023-09-01]
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 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 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 AD requires a one-time 
detailed inspection of each affected part installed at an affected 
position and replacement if necessary, and prohibits the installation 
of affected parts at affected positions, 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 June 26, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 26, 
2023.

ADDRESSES: 
    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

[[Page 32629]]

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 EASA 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. 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 
incorporated by reference 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.
     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-2022-1491.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th Street, Des Moines, WA 98198; telephone 206-231-3667; 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 
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. The NPRM 
published in the Federal Register on December 6, 2022 (87 FR 74519). 
The NPRM was prompted by AD 2022-0147, dated July 14, 2022; corrected 
August 17, 2022, issued by EASA, which is the Technical Agent for the 
Member States of the European Union (EASA AD 2022-0147) (also referred 
to as the MCAI). 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.
    In the NPRM, the FAA proposed to require a one-time detailed 
inspection of each affected part installed at an affected position 
(i.e., a position identified as functional item number (FIN) 34HF, FIN 
35HF, FIN 61HF or FIN 62HF) and replacement as applicable, and would 
prohibit the installation of affected parts at affected positions, as 
specified in EASA AD 2022-0147. The FAA is issuing this AD to address 
OHDS sensing elements that do not properly detect thermal bleed leak 
events, which 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.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1491.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.
    The FAA received additional comments from United Airlines. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Revise Exception Language

    United Airlines requested that the FAA clarify the exception to 
EASA AD 2022-0147 specified in paragraph (h)(1) of the proposed AD. 
Section 1.A. of Kidde Aerospace & Defense Service Bulletin CFD-26-3, 
dated January 13, 2022; or Revision 1, dated March 29, 2022; states 
that the date code is A2105, or January 31, 2021. Section 1.C under 
Reason of the Kidde Aerospace & Defense Service Bulletin CFD-26-3 
states, ``CFD sensing elements produced between November 24, 2004, and 
January 31, 2021, may not properly detect thermal bleed leak events.'' 
Kidde Aerospace & Defense Service Bulletin CFD-26-3 states two 
different time constraints. The commenter asked the FAA to identify the 
correct time constraint including the serial number equivalent of the 
date code restriction ``A2105.''
    The FAA agrees that parts produced prior to November 24, 2004, and 
after January 31, 2021, do not have the problem identified in this AD. 
In order to provide additional clarity, paragraph (h)(1) of this AD has 
been updated accordingly.

Request To Provide Serial Number to Date Code A2105

    United Airlines requested that the FAA provide the corresponding 
serial numbers to Date Code A2105.
    The FAA disagrees. Kidde Aerospace & Defense Service Bulletin CFD-
26-3, dated January 13, 2022; and Revision 1, dated March 29, 2022; 
specify the affected part numbers and date code, which is sufficient to 
identify parts subject to the requirements of this AD. Any listed part 
number that was manufactured between November 24, 2004, and the 5th 
week of January 2021, regardless of serial number, is an affected part, 
as defined by the MCAI and this AD.

Request for Method To Mark Passing Units

    United Airlines requested that the FAA specify what is being used 
to mark units that pass test requirements.
    Part of the required actions of the Kidde Aerospace & Defense 
Service Bulletin CFD-26-3 is to mark one of the connector hex nuts. The 
marking method has been intentionally left at a high level to allow for 
local and regional customers to utilize their best marking practice. 
This can be achieved with a permanent marker and clear coat, paint, or 
a ceramic dye. Typically, a continuous fire detection (CFD) sensor may 
be removed 2-3 times in a 20- to 25-year life span of an airplane life 
to gain access to adjacent equipment that requires maintenance. Based 
on some open-end wrench trials at a Kidde lab, the marking was legible 
after many additional attempts at installing and removing the CFD 
sensors. It is standard practice to call out a part marking 
specification for that part of the process. For example MIL-STD 130 is 
one such common industry specification that is often used. The FAA 
considers this marking method as reasonable to achieve the necessary 
level of robustness over the service life of the aircraft, but 
operators may use other methods that result in legible and permanent 
markings.

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

[[Page 32630]]

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 2022-0147 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.

Costs of Compliance

    The FAA estimates that this AD affects 1,836 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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6 work-hours x $85 per hour = $510...........................              $0             $510         $936,360
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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:

                 Estimated Costs of On-Condition Actions
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           Labor cost                 Parts cost       Cost per product
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1 work-hour x $85 per hour = $85  $1,645............  $1,730 (per OHDS
                                                       sensing element).
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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:

2023-09-01 Airbus SAS: Amendment 39-22424; Docket No. FAA-2022-1491; 
Project Identifier MCAI-2022-00924-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 26, 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.

[[Page 32631]]

    (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. The date codes listed 
in Section 1.A. of Kidde Aerospace & Defense Service Bulletin CFD-
26-3, dated January 13, 2022; and Revision 1, dated March 29, 2022; 
do not apply to parts produced prior to November 24, 2004, or after 
January 31, 2021.
    (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 Timothy Dowling, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th Street, Des Moines, WA 98198; 
telephone 206-231-3667; 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) 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 April 28, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-10786 Filed 5-19-23; 8:45 am]
BILLING CODE 4910-13-P