Proposed Rule2022-12936
Airworthiness Directives; Airbus SAS Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 16, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2020-22-03, which applies to all Airbus SAS Model A330-200, -200 Freighter, and -300 series airplanes. AD 2020-22-03 requires revising the existing airplane flight manual (AFM) to incorporate procedures to be applied if an engine bleed over-temperature occurs when the associated engine bleed valve is jammed open, and provides for the optional embodiment of updated flight warning computer (FWC) software, which terminates the AFM revision. Since the FAA issued AD 2020-22-03, new maintenance actions and software related to over-temperature failure conditions were developed. This proposed AD would continue to require the actions specified in AD 2020-22-03, would require accomplishing the new maintenance tasks and corrective actions, and would mandate embodiment of the updated FWC software for certain airplanes, as specified in a European Union Aviation Safety Agency (EASA), which is proposed for incorporation by reference. This proposed AD would also prohibit the installation of affected FWC software. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 116 (Thursday, June 16, 2022)</title>
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[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Proposed Rules]
[Pages 36266-36269]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12936]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0680; Project Identifier MCAI-2021-01415-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)
2020-22-03, which applies to all Airbus SAS Model A330-200, -200
Freighter, and -300 series airplanes. AD 2020-22-03 requires revising
the existing airplane flight manual (AFM) to incorporate procedures to
be applied if an engine bleed over-temperature occurs when the
associated engine bleed valve is jammed open, and provides for the
optional embodiment of updated flight warning computer (FWC) software,
which terminates the AFM revision. Since the FAA issued AD 2020-22-03,
new maintenance actions and software related to over-temperature
failure conditions were developed. This proposed AD would continue to
require the actions specified in AD 2020-22-03, would require
accomplishing the new maintenance tasks and corrective actions, and
would mandate embodiment of the updated FWC software for certain
airplanes, as specified in a European Union Aviation Safety Agency
(EASA), which is proposed for incorporation by reference. This proposed
AD would also prohibit the installation of affected FWC software. 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 August 1,
2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For material that will be incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#4c0d083f0c292d3f2d6229393e233c2d622939"><span class="__cf_email__" data-cfemail="1455506754717567753a7161667b64753a7161">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this material on the EASA website at
<a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2022-0680.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0680; 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.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax: 206-231-3229;
email: <a href="/cdn-cgi/l/email-protection#e4928885808d898d96ca91889d858a8b92a4828585ca838b92"><span class="__cf_email__" data-cfemail="d6a0bab7b2bfbbbfa4f8a3baafb7b8b9a096b0b7b7f8b1b9a0">[email protected]</span></a>.
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-2022-0680; Project Identifier
MCAI-2021-01415-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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
[[Page 36267]]
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, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax: 206-231-3229; email: <a href="/cdn-cgi/l/email-protection#addbc1ccc9c4c0c4df83d8c1d4ccc3c2dbedcbcccc83cac2db"><span class="__cf_email__" data-cfemail="f4829895909d999d86da81988d959a9b82b4929595da939b82">[email protected]</span></a>. 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 2020-22-03, Amendment 39-21299 (85 FR 66873,
October 21, 2020) (AD 2020-22-03), which applies to all Airbus SAS
Model A330-200, -200 Freighter, and -300 series airplanes. AD 2020-22-
03 requires revising the existing AFM to incorporate procedures to be
applied if an engine bleed over-temperature occurs when the associated
engine bleed valve is jammed open. AD 2020-22-03 also provides for the
optional embodiment of updated FWC software, which would terminate the
AFM revision, as specified in EASA AD 2020-0205.
The FAA issued AD 2020-22-03 to address the possibility of a jammed
engine bleed valve, which could lead to damage of the bleed manifold
and the ducts downstream of the engine bleed system, exposure of the
surrounding structure to heat stress, and possible reduced structural
integrity of the airplane.
Actions Since AD 2020-22-03 Was Issued
Since the FAA issued AD 2020-22-03, it has been determined that new
maintenance tasks for failures related to over-temperature conditions
must be accomplished, and embodiment of updated FWC software must be
mandated for certain airplanes.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0281, dated December 17, 2021
(EASA AD 2021-0281) (also referred to as the MCAI), to correct an
unsafe condition for Airbus SAS Model A330-201, -202, -203, -223, -
223F, -243, and -243F airplanes, Model A330-301, -302, -303, -321, -
322, -323, -341, -342, -343, and -743L airplanes.
Model A330-743L airplanes are not certificated by the FAA and are
not included on the U.S. type certificate data sheet; this AD therefore
does not include those airplanes in the applicability.
EASA AD 2021-0281 specifies that after the software update
(modification) required by this proposed AD is done on an airplane,
that airplane remains compliant with the requirements of paragraph (2)
of EASA AD 2020-0077 (which corresponds to FAA AD 2020-17-16, Amendment
39-21221 (85 FR 54900, September 3, 2020)). AD 2020-17-16 requires,
among other actions, installing FWC standard T9 on Airbus SAS Model
A330-200 and -300 series airplanes. This proposed AD would require
installing FWC standard T9-3, which replaces FWC standard T9.
This proposed AD was prompted by the development of new maintenance
actions and software related to over-temperature failure conditions.
The FAA is proposing this AD to address the possibility of a jammed
engine bleed valve, which could lead to damage of the bleed manifold
and the ducts downstream of the engine bleed system, exposure of the
surrounding structure to heat stress, and possible reduced structural
integrity of the airplane. See the MCAI for additional background
information.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2020-22-03, this proposed AD would retain the
requirements of AD 2020-22-03. Those requirements are referenced in
EASA AD 2021-0281, which, in turn, are referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0281 specifies procedures for amending the applicable
AFM to incorporate procedures to be applied if an engine bleed over-
temperature occurs when the associated engine bleed valve is jammed
open. EASA AD 2020-0281 also specifies that embodiment of updated FWC
software standard T9 would eliminate the need for the AFM amendment.
EASA AD 2021-0281 also describes maintenance tasks for failures related
to over-temperature conditions and corrective actions (repair). EASA AD
2021-0281 also specifies procedures for the embodiment of updated FWC
software standard T9-3, and, for certain airplanes concurrent
embodiment of system data acquisition concentrator (SDAC) software
standard C13 or FWC software standard K3-2 and SDAC software standard
C3-0A. Finally, EASA AD 2021-0281 prohibit the installation of affected
FWC software (FWC software standard T9-2 or earlier). 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 design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0281 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 affected FWC
software.
EASA AD 2021-0281 requires operators to ``inform all flight crews''
of revisions to the AFM, and thereafter to ``operate the aeroplane
accordingly.'' However, this proposed AD would not specifically require
those actions as those actions are already required by FAA regulations.
FAA regulations require operators furnish to pilots any changes to the
AFM (for example, 14 CFR 121.137), and to ensure the pilots are
familiar with the AFM (for example, 14 CFR 91.505). As with any other
flightcrew training requirement, training on the updated AFM content is
tracked by the operators and recorded in each pilot's training record,
which is available for the FAA to review. FAA regulations also require
pilots to follow the procedures in the existing AFM including all
updates. 14 CFR 91.9 requires that any person operating a civil
aircraft must comply with the operating limitations specified in the
AFM. Therefore, including a requirement in this proposed AD to operate
the airplane according to the revised AFM would be redundant and
unnecessary.
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
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this process with manufacturers and CAAs. As a result, the FAA proposes
to incorporate EASA AD 2021-0281 by reference in the FAA final rule.
This proposed AD would, therefore, require compliance with EASA AD
2021-0281 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 2021-0281 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 2021-
0281. Service information required by EASA AD 2021-0281 for compliance
will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2022-0680 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this AD affects 115 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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AFM revision: 1 work-hour x $85 per $0 $85.......................... $9,775.
hour = $85.
Software Update: 3 work-hours x 85 0 $255......................... Up to $29,325.
per hour = $255.
Maintenance Tasks: 7 work-hours x 720 $595......................... $151,225.
$85 per hour = $595.
Concurrent Actions: Up to 4 work- 0 Up to $340................... Up to $39,100.
hours x $85 per hour = Up to $340.
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Estimated Costs for Optional Actions
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Cost per
Labor cost Parts cost product
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2 work-hours x $85 per hour = $170.... $0 $170
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The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this proposed 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
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) 2020-22-03, Amendment 39-21299
(85 FR 66873, October 21, 2020); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2022-0680; Project Identifier MCAI-2021-
01415-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by August 1, 2022.
(b) Affected ADs
This AD replaces AD 2020-22-03, Amendment 39-21299 (85 FR 66873,
October 21, 2020) (AD 2020-22-03).
(c) Applicability
This AD applies to all Airbus SAS Model airplanes, certificated
in any category, as identified in paragraphs (c)(1) though (3) of
this AD.
(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.
(d) Subject
Air Transport Association (ATA) of America Code 75, Air; Code
36, Pnuematic.
(e) Unsafe Condition
This AD was prompted by a report that during a certification
exercise, it was identified that there was a risk of an engine bleed
system over-temperature, without the engine bleed valve closing; the
associated engine bleed valve should automatically close. This AD
was also prompted by the development of new maintenance actions and
software related to over-temperature failure conditions. The FAA is
issuing this AD to address the possibility of a jammed engine bleed
valve, which could lead to damage of the bleed manifold and the
ducts downstream of the engine bleed system, exposure of the
surrounding structure to heat
[[Page 36269]]
stress, and possible 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
2021-0281, dated December 17, 2021 (EASA AD 2021-0281).
(h) Exceptions to EASA AD 2021-0281
(1) Where EASA AD 2021-0281 refers to October 1, 2020 (the
effective date of EASA AD 2020-0205), this AD requires using
November 5, 2020 (the effective date of AD 2020-22-03).
(2) Where EASA AD 2021-0281 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraph (1) of EASA AD 2021-0281 specifies 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.
(4) Where paragraphs (6) and (7) of EASA AD 2021-0281 specifies
actions if ``any discrepancies are detected,'' for this AD
discrepancies include failures related to an over-temperature
situation, hidden failures in equipment for a ``not isolated over-
temperature'' failure condition, cracking on the exchanger outlet
temperature sensor, or dual drift in the exchanger outlet
temperature sensor.
(5) Where paragraph (11) of EASA AD 2021-0281 specifies that an
airplane with certain modifications is compliant with ``the
requirements of paragraph (2) of EASA AD 2020-0077,'' for this AD
use ``for the corresponding requirements of paragraph (2) of EASA AD
2020-0077 that are required by paragraph (g) of AD 2020-17-16,
Amendment 39-21221 (85 FR 54900, September 3, 2020).''
(6) The ``Remarks'' section of EASA AD 2021-0281 does not apply
to this AD.
(i) No Reporting Requirements
Although the service information referenced in EASA AD 2021-0281
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Additional FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch/manager
of the certification office, send it to the attention of the person
identified in paragraph (k)(2) of this AD. Information may be
emailed to: <a href="/cdn-cgi/l/email-protection#596074180f0a7418100b746e6a69741814161a193f3838773e362f"><span class="__cf_email__" data-cfemail="c2fbef839491ef838b90eff5f1f2ef838f8d8182a4a3a3eca5adb4">[email protected]</span></a>.
(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, Large Aircraft
Section, 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 referenced
in EASA AD 2021-0281 contains paragraphs that are labeled as RC, the
instructions in RC paragraphs, including subparagraphs under an RC
paragraph, must be done to comply with this AD; any paragraphs,
including subparagraphs under those paragraphs, that are not
identified as RC are recommended. The instructions in paragraphs,
including subparagraphs under those paragraphs, 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 instructions identified as RC can
be done and the airplane can be put back in an airworthy condition.
Any substitutions or changes to instructions identified as RC
require approval of an AMOC.
(k) Related Information
(1) For EASA AD 2021-0281, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#c38287b083a6a2b0a2eda6b6b1acb3a2eda6b6"><span class="__cf_email__" data-cfemail="4d0c093e0d282c3e2c6328383f223d2c632838">[email protected]</span></a>; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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. This material may be found in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2022-0680.
(2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax: 206-231-3229; email: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="17417b76737e7a7e6539427b6e767978615771767639707861">[email protected]</a>.
Issued on June 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-12936 Filed 6-15-22; 8:45 am]
BILLING CODE 4910-13-P
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