[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Rules and Regulations]
[Pages 63011-63014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19898]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1051; Project Identifier MCAI-2022-01565-T; 
Amendment 39-22529; AD 2023-17-03]
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 series airplanes, Model A330-200 Freighter 
series airplanes, Model A330-300 series airplanes, Model A340-200 
series airplanes, and Model A340-300 series airplanes. This AD was 
prompted by a report that certain overheat detection system (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. This AD requires a one-time special detailed 
inspection (SDI) for discrepancies of each affected part installed at 
an affected position, and replacement of discrepant parts, as specified 
in a European Union Aviation Safety Agency (EASA) AD, which is 
incorporated by reference. This AD would also prohibit the installation 
of affected parts. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective October 19, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 19, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1051; 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 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.
     For Kidde Aerospace & Defense service information 
incorporated by reference in this AD, contact Kidde Aerospace & 
Defense, 4200 Airport Drive NW, Building B, Wilson, NC 27896; telephone 
319-295-5000; website kiddetechnologies.com/aviation.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-2023-1051.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
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 
A330-200 \1\ series airplanes, Model A330-200 Freighter series 
airplanes, Model A330-300 series airplanes, Model A340-200 series 
airplanes, and Model A340-300 series airplanes. The NPRM published in 
the Federal Register on May 26, 2023 (88 FR 34097). The NPRM was 
prompted by AD 2022-0243, dated December 8, 2022, issued by EASA, which 
is the Technical Agent for the Member States of the European Union 
(EASA AD 2022-0243) (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.
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    \1\ In the preamble of the NPRM, the FAA inadvertently referred 
to model ``A320-200'' series airplanes. The affected airplane 
models, however, were correctly described in the Applicability 
paragraph. The preamble of this final rule has been corrected to 
reference the correct model, ``A330-200'' series airplanes.
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    In the NPRM, the FAA proposed to require a one-time SDI for 
discrepancies of each affected part installed at an affected position, 
and replacement of discrepant parts, as specified in EASA AD 2022-0243. 
The NPRM also proposed to prohibit the installation of

[[Page 63012]]

affected parts. The FAA is issuing this AD to address an air leak 
remaining undetected by the OHDS sensing element and not being isolated 
during flight. The unsafe condition, if not addressed, could possibly 
result in localized areas of the airplane being exposed to high 
temperatures, with consequent reduced structural integrity of the 
airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1051.

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 Airbus SAS. The following 
presents the comment received on the NPRM and the FAA's response.

Request To Correct the Referenced EASA AD Number

    Airbus SAS requested to correct the EASA AD number referenced in 
paragraph (h)(5) of the proposed AD. The reference to EASA AD 2022-0234 
is a mistake as it should refer to EASA AD 2022-0243.
    The FAA agrees that EASA AD 2022-0243 is correct for paragraph 
(h)(5) of this AD. The FAA has changed this AD accordingly.

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 2022-0243 specifies procedures for a one-time SDI for 
discrepancies of each affected part installed at an affected position, 
and replacement of discrepant parts where the displayed electronic 
centralized aircraft monitoring (ECAM) warning is not related to 
results of a heat gun test at certain locations. EASA AD 2022-0243 also 
prohibits the installation of affected parts.
    The FAA reviewed Kidde Aerospace & Defense Service Bulletin CFD-26-
3, dated January 13, 2022; and Revision 1, dated March 29, 2022, which 
identify affected OHDS sensing elements (those having certain part 
numbers and corresponding date codes). These documents are distinct 
because Revision 1 corrects typographical errors and clarifies wording.
    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 119 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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Up to 64 work-hours x $85 per hour = $5,440..................              $0           $5,440         $647,360
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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
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                                                             Cost per
              Labor cost                   Parts cost        product
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13 work-hours x $85 per hour = $1,105.             * $           $1,105
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* The FAA has received no definitive data on which to base the parts
  cost.

    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:

[[Page 63013]]

    (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:

2023-17-03 Airbus SAS: Amendment 39-22529; Docket No. FAA-2023-1051; 
Project Identifier MCAI-2022-01565-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 19, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in 
paragraphs (c)(1) through (5) 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 A340-211, -212, and -213 airplanes.
    (5) Model A340-311, -312, and -313 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, produced before January 31, 2021, 
may not properly detect the thermal bleed leak events due to a 
quality escape during the manufacturing process. The FAA is issuing 
this AD to address an air leak remaining undetected by the OHDS 
sensing element and not being isolated during flight. The unsafe 
condition, if not addressed, could possibly result in localized 
areas of the airplane being exposed to high temperatures, with 
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 
2022-0243, dated December 8, 2022 (EASA AD 2022-0243).

(h) Exceptions to EASA AD 2022-0243

    (1) Where EASA AD 2022-0243 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0243.
    (3) Where EASA AD 2022-0243 defines ``affected part'' and refers 
to ``the VSB'' for the part numbers and date codes, for this AD, use 
Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated January 
13, 2022; or Revision 1, dated March 29, 2022, as ``the VSB'' for 
the part numbers and date codes.
    (4) Where EASA AD 2022-0243 defines Groups, replace the text 
``the SB'' with ``Airbus Service Bulletin A330-36-3052, dated June 
27, 2022; or Airbus SB A340-36-4036, dated June 27, 2022; as 
applicable.''
    (5) Where paragraph (2) of EASA AD 2022-0243 specifies action if 
``any discrepancy as defined in the SB is detected,'' for this AD a 
discrepancy is when the displayed electronic centralized aircraft 
monitoring (ECAM) warning is not related to results of a heat gun 
test at certain location.

(i) No Reporting Requirement and No Return of Parts

    (1) Although the service information referenced in EASA AD 2022-
0243 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.
    (2) Although the service information referenced in EASA AD 2022-
0243 specifies to return certain parts 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; 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, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3667; 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 2022-0243, 
dated December 8, 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.
    Note 1 to paragraph (l)(2)(iii): The revision level of this 
document is identified on only the transmittal page; no other page 
of the document contains this information.
    (3) For EASA AD 2022-0243, 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, contact 
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, 
Wilson, NC 27896; telephone 319-295-5000; website 
kiddetechnologies.com/aviation.com.
    (5) 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.
    (6) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability

[[Page 63014]]

of this material at NARA, email [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 7, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-19898 Filed 9-13-23; 8:45 am]
BILLING CODE 4910-13-P