Proposed Rule2022-26409
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
December 6, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A318 series airplanes; Model A319 series airplanes; Model A320-211, -212, -214, -216, -231, -232, -233, -251N, - 252N, -253N, -271N, -272N, and -273N airplanes; and Model A321 series airplanes. This proposed AD was prompted by a report that certain overheat detection system (OHDS) sensing elements installed at certain positions might not properly detect thermal bleed leak events due to a quality escape during the manufacturing process. This proposed AD would require a one-time detailed inspection of each affected part installed at an affected position and, depending on the findings, replacement; and would prohibit the installation of affected parts at affected positions, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. 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 233 (Tuesday, December 6, 2022)</title>
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[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Proposed Rules]
[Pages 74519-74522]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26409]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 /
Proposed Rules
[[Page 74519]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1491; Project Identifier MCAI-2022-00924-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 adopt a new airworthiness directive (AD)
for all Airbus SAS Model A318 series airplanes; Model A319 series
airplanes; Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes; and Model A321 series
airplanes. This proposed AD was prompted by a report that certain
overheat detection system (OHDS) sensing elements installed at certain
positions might not properly detect thermal bleed leak events due to a
quality escape during the manufacturing process. This proposed AD would
require a one-time detailed inspection of each affected part installed
at an affected position and, depending on the findings, replacement;
and would prohibit the installation of affected parts at affected
positions, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference. 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 January 20,
2023.
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-2022-1491; 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.
Material Incorporated by Reference:
<bullet> For EASA 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#3273764172575341531c5747405d42531c5747"><span class="__cf_email__" data-cfemail="a5e4e1d6e5c0c4d6c48bc0d0d7cad5c48bc0d0">[email protected]</span></a>; website
easa.europa.eu. You may find this material on the EASA website
easa.europa.eu. 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-2022-1491.
<bullet> For Kidde Aerospace & Defense service information
identified in this proposed AD, contact Kidde Aerospace & Defense, 4200
Airport Drive NW, Wilson, NC 27896; phone: 252-246-7134; fax: 252-246-
7181; email: <a href="/cdn-cgi/l/email-protection#3f5e49565051565c4c4c4a4f4f504d4b7f5c50535356514c115c5052"><span class="__cf_email__" data-cfemail="ddbcabb4b2b3b4beaeaea8adadb2afa99dbeb2b1b1b4b3aef3beb2b0">[email protected]</span></a>; website <a href="http://kiddeaerospace.com">kiddeaerospace.com</a>.
<bullet> 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.
FOR FURTHER INFORMATION CONTACT: Hyeyoon Jang, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th Street, Des Moines, WA 98198; telephone 817-222-5584; email
<a href="/cdn-cgi/l/email-protection#3c544559124553535212565d525b7c5a5d5d125b534a"><span class="__cf_email__" data-cfemail="80e8f9e5aef9efefeeaeeae1eee7c0e6e1e1aee7eff6">[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-2022-1491; Project Identifier
MCAI-2022-00924-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="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 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 under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Hyeyoon Jang, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th Street, Des Moines,
WA 98198; telephone 817-222-5584; email <a href="/cdn-cgi/l/email-protection#721a0b175c0b1d1d1c5c18131c15321413135c151d04"><span class="__cf_email__" data-cfemail="dcb4a5b9f2a5b3b3b2f2b6bdb2bb9cbabdbdf2bbb3aa">[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 2022-0147, dated July 14, 2022;
corrected August 17, 2022 (EASA AD 2022-0147) (also referred to as the
MCAI), to correct an unsafe condition for all Airbus SAS
[[Page 74520]]
Model A318 series airplanes; Model A319 series airplanes; Model A320-
211, -212, -214, -215, -216, -231, -232, -233, -251N, -252N, -253N, -
271N, -272N, and -273N airplanes; and Model A321 series airplanes.
Model A320-215 airplanes are not certificated by the FAA and are not
included on the U.S. type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability.
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.
The MCAI states that the unsafe condition, if not addressed, could
result in an air leak remaining undetected by the OHDS at an affected
position (i.e., a position identified as functional item number (FIN)
34HF, FIN 35HF, FIN 61HF or FIN 62HF) and not being isolated during
flight, possibly resulting in localized areas of the main landing gear
bay and keel beam being exposed to high temperatures, and consequent
reduced structural integrity of the airplane.
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-1491.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0147 specifies procedures for a one-time special
detailed inspection (SDI) of each OHDS sensing element installed at an
affected position to detect discrepancies (an incorrect electronic
centralized aircraft monitor (ECAM) alert (one not related to AIR L
WING LEAK) being displayed following the inspection of any OHDS sensing
element) and, depending on findings, replacement of any affected part
with a serviceable part. EASA AD 2022-0147 also prohibits the
installation of affected parts at affected positions.
Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated January
13, 2022; and Revision 1, dated March 29, 2022, specify the part
numbers and corresponding date codes of the affected OHDS sensing
elements.
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
These products have been approved by the aviation authority of
another country and are 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 and service information 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 these
same type designs.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0147 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
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, the
FAA proposes to incorporate EASA AD 2022-0147 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0147 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 2022-0147 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-
0147. Service information required by EASA AD 2022-0147 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> by searching for and locating
Docket No. FAA-2022-1491 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD would affect 1,836
airplanes of U.S. registry. The FAA estimates the following costs to
comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510................................. $0 $510 $936,360
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The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
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1 work-hour x $85 per hour = $85.. $1,645 $1,730 (per OHDS
sensing element).
------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed 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,
[[Page 74521]]
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 adding the following new airworthiness
directive:
Airbus SAS: Docket No. FAA-2022-1491; Project Identifier MCAI-2022-
00924-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 20, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes, certificated in any
category, as identified in paragraphs (c)(1) through (4) of this AD.
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX,
and -272NX 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 installed at certain positions might
not properly detect thermal bleed leak events due to a quality
escape during the manufacturing process. The FAA is issuing this AD
to address OHDS sensing elements that do not properly detect thermal
bleed leak events. The unsafe condition, if not addressed, could
result in an air leak remaining undetected by the OHDS at an
affected position and not being isolated during flight, possibly
resulting in localized areas of the main landing gear bay and keel
beam being exposed to high temperatures, and 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
2022-0147, dated July 14, 2022; corrected August 17, 2022 (EASA AD
2022-0147).
(h) Exceptions to EASA AD 2022-0147
(1) Where EASA AD 2022-0147 defines ``Affected part'' and
identifies part numbers and corresponding date codes as those
``listed in Section 1.A of the VSB,'' for this AD, those part
numbers and corresponding date codes are listed in Section 1.A. of
Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated January
13, 2022; or Revision 1, dated March 29, 2022.
(2) Where EASA AD 2022-0147 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraph (2) of EASA AD 2022-0147 refers to ``any
discrepancy as defined in the SB,'' for this AD, a discrepancy is an
incorrect electronic centralized aircraft monitor (ECAM) alert (one
not related to AIR L WING LEAK) being displayed following the
inspection of any OHDS sensing element.
(4) Where the service information referenced in EASA AD 2022-
0147 specifies to send an affected part to the manufacturer, this AD
does not include that requirement.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0147.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2022-0147
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#e8d1c5a9bebbc5a9a1bac5dfdbd8c5a9a5a7aba88e8989c68f879e"><span class="__cf_email__" data-cfemail="b1889cf0e7e29cf0f8e39c8682819cf0fcfef2f1d7d0d09fd6dec7">[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 (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 Hyeyoon Jang,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th Street, Des Moines, WA 98198;
telephone 817-222-5584; email <a href="/cdn-cgi/l/email-protection#9af2e3ffb4e3f5f5f4b4f0fbf4fddafcfbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="cca4b5a9e2b5a3a3a2e2a6ada2ab8caaadade2aba3ba">[email protected]</span></a>.
[[Page 74522]]
(l) 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 2022-0147,
dated July 14, 2022; corrected August 17, 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.
(3) For EASA AD 2022-0147, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#5e1f1a2d1e3b3f2d3f703b2b2c312e3f703b2b"><span class="__cf_email__" data-cfemail="d39297a093b6b2a0b2fdb6a6a1bca3b2fdb6a6">[email protected]</span></a>; 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 identified
in this AD, contact Kidde Aerospace & Defense, 4200 Airport Drive
NW, Wilson, NC 27896; phone: 252-246-7134; fax: 252-246-7181; email:
<a href="/cdn-cgi/l/email-protection#5534233c3a3b3c3626262025253a272115363a39393c3b267b363a38"><span class="__cf_email__" data-cfemail="bedfc8d7d1d0d7ddcdcdcbceced1cccafeddd1d2d2d7d0cd90ddd1d3">[email protected]</span></a>; website <a href="http://kiddeaerospace.com">kiddeaerospace.com</a>.
(5) 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.
(6) You may view this service information 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#f29480dc9b9c81829791869b9d9cb29c938093dc959d84"><span class="__cf_email__" data-cfemail="b7d1c599ded9c4c7d2d4c3ded8d9f7d9d6c5d699d0d8c1">[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 November 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26409 Filed 12-5-22; 8:45 am]
BILLING CODE 4910-13-P
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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.