[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Rules and Regulations]
[Pages 38384-38387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12441]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0156; Project Identifier MCAI-2022-01511-T; 
Amendment 39-22454; AD 2023-11-08]
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) 2022-19-
05, which applied to all Airbus SAS Model A330-841 and -941 airplanes. 
AD 2022-19-05 required 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). This AD was prompted by additional instructions 
and maintenance procedures developed to address failures of the HPV. 
This AD continues to require certain actions in AD 2022-19-05 and 
provides additional criteria for the installation of HPV and HPV clips, 
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 July 18, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 18, 
2023.

ADDRESSES: 
    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 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: ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
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-2023-0156.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aviation Safety 
Engineer, FAA, International Validation Branch, 2200 South 216th 
Street, Des Moines, WA 98198; telephone 206-231-3229; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On August 18, 2022, the FAA issued Emergency AD 2022-18-51 for all 
Airbus SAS Model A330-841 and -941

[[Page 38385]]

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 (master minimum equipment list) or 
amending the existing FAA-approved operator's MEL; and required 
obtaining and accomplishing instructions 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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2022-19-05, Amendment 39-22174 (87 FR 
54870, September 8, 2022) (AD 2022-19-05). AD 2022-19-05 applied to all 
Airbus SAS Model A330-841 and -941 airplanes. AD 2022-19-05 required 
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 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.
    The NPRM published in the Federal Register on February 3, 2023 (88 
FR 7370). The NPRM was prompted by AD 2022-0227, dated November 24, 
2022, issued by EASA (EASA AD 2022-0227) (also referred to as the 
MCAI). 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. You may examine the MCAI in 
the AD docket at regulations.gov under Docket No. FAA-2023-0156.
    In the NPRM, the FAA proposed to retain certain requirements of AD 
2022-19-05 and provide additional criteria for the installation of HPV 
and HPV clips. Those requirements are referenced in EASA AD 2022-0227, 
which, in turn, is referenced in paragraph (g) of this AD. The FAA is 
issuing this AD to address the unsafe condition on these products.

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 an additional comment from Delta Air Lines 
(Delta). The following presents the comment received on the NPRM and 
the FAA's response to that comment.

Request for an Additional Exception for Revised Publication

    Delta requested an exception be added to paragraph (h) to use 
Airbus Alert Operators Transmission (AOT) A36L009-22, original issue, 
dated August 25, 2022, for compliance with the EASA AD 2022-0227, 
instead of Airbus AOT A36L009-22, Revision 01, dated October 3, 2022.
    The FAA disagrees that updating this final rule is necessary 
because EASA AD 2022-0227, which is required by this AD, allows credit 
for the original issue in paragraph (16) of EASA AD 2022-0227.

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, 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 2022-0227 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 (High Pressure) 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 HP/IP duct, the y-duct, and the 
pylon ducts after any failure of an HPV

[[Page 38386]]

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.

Interim Action

    The FAA considers that this AD is an interim action. The FAA 
anticipates that further AD action may follow.

Costs of Compliance

    The FAA estimates that this AD affects 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
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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 =                663           1,173
                                                 $510.
PRV replacement (both engines)................  9 work-hours x $85 per hour =            107,620         108,385
                                                 $765.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the maintenance actions or additional actions specified 
in this 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.

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 2022-19-05, Amendment 39-22174 (87 
FR 54870, dated September 8, 2022); and
0
b. Adding the following new AD:

2023-11-08 Airbus SAS: Amendment 39-22454; Docket No. FAA-2023-0156; 
Project Identifier MCAI-2022-01511-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 18, 2023.

[[Page 38387]]

(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, 
Aviation Safety Engineer, FAA, International Validation Branch, 2200 
South 216th Street, 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]; website: easa.europa.eu. You may find this EASA 
AD on the EASA website: ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, 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 June 2, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-12441 Filed 6-12-23; 8:45 am]
BILLING CODE 4910-13-P