Rule2022-19808
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
September 15, 2022
Effective
October 20, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A330-841 and -941 airplanes. This AD was prompted by a report of erroneous electronic centralized airplane monitoring (ECAM) warnings for low engine oil pressure, which can lead to a commanded shutdown of an engine. This AD requires installing serviceable engine electronic control (EEC) software or EEC units having the serviceable software, limiting certain parts installation configurations, and prior or concurrent modification of EEC software, 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 178 (Thursday, September 15, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Rules and Regulations]
[Pages 56561-56563]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19808]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 /
Rules and Regulations
[[Page 56561]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0391; Project Identifier MCAI-2021-00980-T;
Amendment 39-22163; AD 2022-18-12]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A330-841 and -941 airplanes. This AD was prompted by a
report of erroneous electronic centralized airplane monitoring (ECAM)
warnings for low engine oil pressure, which can lead to a commanded
shutdown of an engine. This AD requires installing serviceable engine
electronic control (EEC) software or EEC units having the serviceable
software, limiting certain parts installation configurations, and prior
or concurrent modification of EEC software, 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 October 20, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 20,
2022.
ADDRESSES: For EASA material 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#5514112615303426347b3020273a25347b3020"><span class="__cf_email__" data-cfemail="d69792a596b3b7a5b7f8b3a3a4b9a6b7f8b3a3">[email protected]</span></a>; internet
easa.europa.eu. You may find this IBR 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
<a href="http://regulations.gov">regulations.gov</a> by searching for and locating Docket No. FAA-2022-0391.
Examining the AD Docket
You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> by searching for
and locating Docket No. FAA-2022-0391; 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.
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 <a href="/cdn-cgi/l/email-protection#d3a5bfb2b7babebaa1fda6bfaab2bdbca593b5b2b2fdb4bca5"><span class="__cf_email__" data-cfemail="9ee8f2fffaf7f3f7ecb0ebf2e7fff0f1e8def8ffffb0f9f1e8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0198, dated August 27, 2021
(EASA AD 2021-0198) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A330-841 and -941 airplanes.
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
A330-841 and -941 airplanes. The NPRM published in the Federal Register
on April 5, 2022 (87 FR 19651). The NPRM was prompted by a report of
erroneous ECAM warnings for low engine oil pressure, which can lead to
a commanded shutdown of an engine. The NPRM proposed to require
installing serviceable EEC software or EEC units having the serviceable
software, limiting certain parts installation configurations, and prior
or concurrent modification of EEC software, as specified in EASA AD
2021-0198.
The FAA is issuing this AD to address erroneous ECAM engine oil
pressure warnings, which could lead to dual engine in-flight shutdown
and result in reduced control of the airplane. See the MCAI for
additional background information.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from three commenters, including Delta
Air Lines and two individuals. The following presents the comments
received on the NPRM and the FAA's response to each comment.
Request for Incorporation by Reference Paragraph
Delta Air Lines (Delta) requested adding paragraph (k), ``Material
Incorporated by Reference,'' to the proposed AD that states the
incorporation by reference of EASA AD 2021-0198. Delta supported the
improved efficiency of FAA ADs that reference EASA ADs as a primary
source of information for accomplishing the requirements of FAA ADs.
The FAA agrees to add paragraph (k) to this AD to identify the
material that is incorporated by reference. In ADs, whenever there is
material to be incorporated by reference, the paragraph that states
which material has been approved by the Director of the Federal
Register for incorporation by reference is typically added to final
rules, not NPRMs.
General Statement of Disagreement
Two individuals generally disagreed with the proposed AD without
any further justification.
The FAA infers that these individuals are requesting that the FAA
withdraw the proposed AD. The FAA disagrees with withdrawing the
proposed AD. The FAA has determined that the issuance of an
airworthiness directive is the appropriate method to correct the unsafe
condition described in this AD. The FAA has not changed the AD in this
regard.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety requires
[[Page 56562]]
adopting this AD as proposed. 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. Accordingly, the FAA is issuing this AD to address the
unsafe condition on these products.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0198 specifies procedures for installing serviceable
EEC software or EEC units having the serviceable software, limiting
certain parts installation configurations, and prior or concurrent
modification of EEC software. 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 11 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
21 work-hours x $85 per hour = $1,785........................ $0 $1,785 $19,635
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the software update specified in this AD.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
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:
2022-18-12 Airbus SAS: Amendment 39-22163; Docket No. FAA-2022-0391;
Project Identifier MCAI-2021-00980-T.
(a) Effective Date
This airworthiness directive (AD) is effective October 20, 2022.
(b) Affected ADs
None.
(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 73, Engine Fuel
& Control.
(e) Unsafe Condition
This AD was prompted by a report of erroneous electronic
centralized airplane monitoring (ECAM) warnings for low engine oil
pressure, which can lead to a commanded shutdown of an engine. The
FAA is issuing this AD to address erroneous ECAM engine oil pressure
warnings, which could lead to dual engine in-flight shutdown and
result in reduced 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
2021-0198, dated August 27, 2021 (EASA AD 2021-0198).
(h) Exceptions to EASA AD 2021-0198
(1) Where EASA AD 2021-0198 refers to its effective date or ``10
September 2021,'' this AD requires using the effective date of this
AD.
(2) Where paragraphs (5) and (6) of EASA AD 2021-0198 refers to
``From 10 September 2021 . . . until 09 September 2023,'' this AD
requires using ``from the effective date of this AD up to 24 months
after the effective date of this AD.''
(3) Where paragraph (7) of EASA AD 2021-0198 refers to ``10
September 2023,'' this AD requires using 24 months after the
effective date of this AD.
(4) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0198.
(i) Additional 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
[[Page 56563]]
Section, International Validation Branch, send it to the attention
of the person identified in paragraph (j) of this AD. Information
may be emailed to: <a href="/cdn-cgi/l/email-protection#9ba2b6dacdc8b6dad2c9b6aca8abb6dad6d4d8dbfdfafab5fcf4ed"><span class="__cf_email__" data-cfemail="f8c1d5b9aeabd5b9b1aad5cfcbc8d5b9b5b7bbb89e9999d69f978e">[email protected]</span></a>. 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, 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 (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) Related 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 <a href="/cdn-cgi/l/email-protection#c8bea4a9aca1a5a1bae6bda4b1a9a6a7be88aea9a9e6afa7be"><span class="__cf_email__" data-cfemail="cbbda7aaafa2a6a2b9e5bea7b2aaa5a4bd8badaaaae5aca4bd">[email protected]</span></a>.
(k) 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 2021-0198,
dated August 27, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0198, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#4e0f0a3d0e2b2f3d2f602b3b3c213e2f602b3b"><span class="__cf_email__" data-cfemail="2362675063464250420d4656514c53420d4656">[email protected]</span></a>; internet 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 Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<a href="/cdn-cgi/l/email-protection#690f1b4700071a190c0a1d0006072907081b08470e061f"><span class="__cf_email__" data-cfemail="0a6c78246364797a6f697e6365644a646b786b246d657c">[email protected]</span></a>, or go to: <a href="http://archives.gov/federal-register/cfr/ibr-locations.html">archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on August 23, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-19808 Filed 9-14-22; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 15, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.