Rule2022-20605
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 22, 2022
Effective
October 7, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A320-251N, -253N, and -271N airplanes; and Model A321-251N, -253N, -271N, and -272N airplanes. This AD was prompted by the failure of an electronic centralized aircraft monitor (ECAM) warning to be triggered during heating of several sensing elements of the over-heat detection system (OHDS) loop sequentially during flight test operation procedures. This AD requires revising the existing airplane flight manual (AFM) with an AFM Temporary Revision (TR) to provide procedures to operate the airplane without functioning bleed leak detection; revising the operator's existing FAA-approved minimum equipment list (MEL); and modifying the electrical connections of the bleed monitoring computers (BMCs), which allows for the removal of the AFM TR and the MEL revision; 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
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<title>Federal Register, Volume 87 Issue 183 (Thursday, September 22, 2022)</title>
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[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57804-57807]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20605]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1169; Project Identifier MCAI-2022-01068-T;
Amendment 39-22190; AD 2022-20-06]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A320-251N, -253N, and -271N airplanes; and
Model A321-251N, -253N, -271N, and -272N airplanes. This AD was
prompted by the failure of an electronic centralized aircraft monitor
(ECAM) warning to be triggered during heating of several sensing
elements of the over-heat detection system (OHDS) loop sequentially
during flight test operation procedures. This AD requires revising the
existing airplane flight manual (AFM) with an AFM Temporary Revision
(TR) to provide procedures to operate the airplane without functioning
bleed leak detection; revising the operator's existing FAA-approved
minimum equipment list (MEL); and modifying the electrical connections
of the bleed monitoring computers (BMCs), which allows for the removal
of the AFM TR and the MEL revision; 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 becomes effective October 7, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 7,
2022.
The FAA must receive comments on this AD by November 7, 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="http://regulations.gov">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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1169; 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 AD, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For 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#f1b0b582b194908290df9484839e8190df9484"><span class="__cf_email__" data-cfemail="eaabae99aa8f8b998bc48f9f98859a8bc48f9f">[email protected]</span></a>; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
<bullet> 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.
FOR FURTHER INFORMATION CONTACT: Manuel Hernandez, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5256; email
<a href="/cdn-cgi/l/email-protection#622f030c17070e4c244c2a07100c030c060718220403034c050d14"><span class="__cf_email__" data-cfemail="195478776c7c75375f37517c6b7778777d7c63597f7878377e766f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-1169; Project Identifier MCAI-
2022-01068-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
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 AD 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 AD, 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 under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Manuel
Hernandez, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5256; email <a href="/cdn-cgi/l/email-protection#602d010e15050c4e264e2805120e010e04051a200601014e070f16"><span class="__cf_email__" data-cfemail="f1bc909f84949ddfb7dfb994839f909f95948bb1979090df969e87">[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
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0165,
[[Page 57805]]
dated August 9, 2022 (EASA AD 2022-0165) (also referred to as the
MCAI), to correct an unsafe condition for certain Airbus SAS Model
A320-251N, -253N, and -271N airplanes; and Model A3210-251N, -253N, -
271N, and -272N airplanes.
The MCAI states that during operation of a flight test aircraft, it
was reported that during heating of several sensing elements of the
OHDS loop sequentially, no ECAM warning was triggered. The same
behavior was observed in all OHDS loops of the airplane. Investigation
identified a missing electrical grounding of the OHDS sensing element
up to the BMC connector, impairing the OHDS leak detection capability
in all OHDS loops of the airplane. This condition, if not detected and
corrected, could lead to hot air bleed leakage undetected by the OHDS
loops, possibly resulting in exposure of airplane structure and systems
(e.g., fuel and hydraulic) to high temperatures and consequent reduced
structural integrity of the airplane, fire ignition, or systems
malfunction.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1169.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0165 specifies incorporating revised AFM operational
procedures and an MMEL update for operating the airplane without
functioning bleed leak detection; and modifying the electrical
connections of the BMCs, which allows for the removal of the AFM
operational procedures and the MMEL update. 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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2022-0165 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.
Compliance With AFM and MEL Revisions
EASA AD 2022-0165 requires operators to ``inform all flight crews''
of revisions to the AFM and MEL, and thereafter to ``operate the
aeroplane accordingly.'' However, this AD does 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.
FAA regulations (14 CFR 121.628 (a)(2)) require operators to
provide pilots with access to all of the information contained in the
operator's MEL. Furthermore, 14 CFR 121.628 (a)(5) requires airplanes
to be operated under all applicable conditions and limitations
contained in the operator's MEL.
Therefore, including a requirement in this AD to operate the
airplane according to the revised AFM and MEL 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 this process with manufacturers and CAAs. As a result,
EASA AD 2022-0165 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2022-0165 through that incorporation,
except for any differences identified as exceptions in the regulatory
text of this AD. Using common terms that are the same as the heading of
a particular section in EASA AD 2022-0165 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 2022-
0165. Service information required by EASA AD 2022-0165 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-1169
after this AD is published.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because hot air bleed leakage undetected by the OHDS loops could result
in exposure of airplane structure and systems (e.g., fuel and
hydraulic) to high temperatures and consequent reduced structural
integrity of the airplane, fire ignition, or systems malfunction.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 290 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 57806]]
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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AFM and MEL revisions................. 2 work-hours x $85 per $0 $170 $49,300
hour = $170.
BMC modification...................... 5 work-hours x $85 per 0 425 123,250
hour = $425.
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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, and
(2) Will not affect intrastate aviation in Alaska.
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:
2022-20-06 Airbus SAS: Amendment 39-22190; Docket No. FAA-2022-1169;
Project Identifier MCAI-2022-01068-T.
(a) Effective Date
This airworthiness directive (AD) is effective October 7, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the Airbus SAS airplanes identified in
paragraphs (c)(1) and (2) of this AD, certificated in any category,
as identified in European Union Aviation Safety Agency (EASA) AD
2022-0165, dated August 9, 2022 (EASA AD 2022-0165).
(1) Model A320-251N, -253N, and -271N airplanes.
(2) Model A321-251N, -253N, -271N, and -272N airplanes.
(d) Subject
Air Transport Association (ATA) of America Codes 30, Ice and
rain protection; and 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by the failure of an electronic centralized
aircraft monitor (ECAM) warning to be triggered when heating several
sensing elements of the over-heat detection system (OHDS) loop
sequentially. The FAA is issuing this AD to address hot air bleed
leakage undetected by the over-heat detection system (OHDS) loops,
which could result in exposure of airplane structure and systems
(e.g., fuel and hydraulic) to high temperatures and consequent
reduced structural integrity of the airplane, fire ignition, or
systems malfunction.
(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, EASA AD 2022-0165.
(h) Exceptions to EASA AD 2022-0165
(1) Where EASA AD 2022-0165 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraphs (1) and (3) of EASA AD 2022-0165 specify to
``inform all flight crews'' and thereafter to ``operate the
aeroplane accordingly,'' this AD does not require those actions as
those actions are already required by existing FAA operating
regulations.
(3) The ``Remarks'' section of EASA AD 2022-0165 does not apply
to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2022-0165
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: <a href="/cdn-cgi/l/email-protection#0a33274b5c59274b4358273d393a274b4745494a6c6b6b246d657c"><span class="__cf_email__" data-cfemail="c2fbef839491ef838b90eff5f1f2ef838f8d8182a4a3a3eca5adb4">[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, 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 (k)(2) of this AD, if any service information referenced
in EASA AD 2022-0165 that 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
[[Page 57807]]
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) Additional Information
For more information about this AD, contact Manuel Hernandez,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5256; email <a href="/cdn-cgi/l/email-protection#f9b498978c9c95d7bfd7b19c8b9798979d9c83b99f9898d79e968f"><span class="__cf_email__" data-cfemail="8ac7ebe4ffefe6a4cca4c2eff8e4ebe4eeeff0caecebeba4ede5fc">[email protected]</span></a>.
(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 2022-0165,
dated August 9, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0165, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#1150556251747062703f7464637e61703f7464"><span class="__cf_email__" data-cfemail="a5e4e1d6e5c0c4d6c48bc0d0d7cad5c48bc0d0">[email protected]</span></a>; website 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#f39581dd9a9d80839690879a9c9db39d928192dd949c85"><span class="__cf_email__" data-cfemail="81e7f3afe8eff2f1e4e2f5e8eeefc1efe0f3e0afe6eef7">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on September 15, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-20605 Filed 9-20-22; 11:15 am]
BILLING CODE 4910-13-P
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