Proposed Rule2023-01835
Airworthiness Directives; Airbus SAS Airplanes
Primary source
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Published
January 30, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2022-03-12, which applies to all Airbus SAS Model A330-200, -300, -800, and -900 series airplanes; and Model A340-200, -300, -500, and -600 series airplanes. AD 2022-03-12 requires replacing the doghouse door lock placard with an improved instruction placard. Since the FAA issued AD 2022-03-12, it has been determined that additional parts need to be modified. This proposed AD would continue to require the actions in AD 2022-03-12 and would expand the list of affected parts, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). This proposed AD would also prohibit the installation of affected parts under certain conditions. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
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[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5814-5816]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01835]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0028; Project Identifier MCAI-2022-01164-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)
2022-03-12, which applies to all Airbus SAS Model A330-200, -300, -800,
and -900 series airplanes; and Model A340-200, -300, -500, and -600
series airplanes. AD 2022-03-12 requires replacing the doghouse door
lock placard with an improved instruction placard. Since the FAA issued
AD 2022-03-12, it has been determined that additional parts need to be
modified. This proposed AD would continue to require the actions in AD
2022-03-12 and would expand the list of affected parts, as specified in
a European Union Aviation Safety Agency (EASA) AD, which is proposed
for incorporation by reference (IBR). This proposed AD would also
prohibit the installation of affected parts under certain conditions.
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 March 16,
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-2023-0028; 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 the EASA AD identified in this NPRM, you may contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#cd8c89be8da8acbeace3a8b8bfa2bdace3a8b8"><span class="__cf_email__" data-cfemail="19585d6a597c786a78377c6c6b766978377c6c">[email protected]</span></a>; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-0028.
<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: 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#7b0d171a1f12161209550e17021a15140d3b1d1a1a551c140d"><span class="__cf_email__" data-cfemail="6d1b010c090400041f431801140c03021b2d0b0c0c430a021b">[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-2023-0028; Project Identifier
MCAI-2022-01164-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
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#493f25282d2024203b673c25302827263f092f2828672e263f"><span class="__cf_email__" data-cfemail="aed8c2cfcac7c3c7dc80dbc2d7cfc0c1d8eec8cfcf80c9c1d8">[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 2022-03-12, Amendment 39-21929 (87 FR 8169,
February 14, 2022) (AD 2022-03-12), for all Airbus SAS Model A330-200,
-300, -800, and -900 series airplanes; and Model A340-200, -300, -500,
and -600 series airplanes. AD 2022-03-12 was prompted by an MCAI
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA issued AD 2021-0136, dated June 4, 2021
(EASA AD 2021-0136), to correct an unsafe condition.
AD 2022-03-12 requires replacing the doghouse door lock placard
with an improved instruction placard. AD 2022-03-12 also prohibits the
installation of affected parts under certain conditions. The FAA issued
AD 2022-03-12 to address possible incorrect operation of the doghouse
door lock due to unclear and incomplete handling instructions on the
door placard installed near the lock. This condition, if not addressed,
could lead to failure of the latch, which could block the door in the
closed position and prevent access to the emergency equipment inside
the doghouse.
[[Page 5815]]
Actions Since AD 2022-03-12 Was Issued
Since the FAA issued AD 2022-03-12, EASA superseded EASA AD 2021-
0136, and issued AD 2022-0179, dated August 26, 2022 (EASA AD 2022-
0179) (also referred to as the MCAI), to correct an unsafe condition
for all Airbus SAS A330-201, A330-202, A330-203, A330-223, A330-243,
A330-301, A330-302, A330-303, A330-321, A330-322, A330-323, A330-341,
A330-342, A330-343, A330-841, A330-941, A340-211, A340-212, A340-213,
A340-311, A340-312, A340-313, A340-541, A340-542, A340-642, and A340-
643 airplanes. Model A340-542 and A340-643 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.
The MCAI states that the instructions on the doghouse door lock
placard are unclear and incomplete, and could lead to incorrect
operation of the lock. This condition, if not corrected, could lead to
failure of the latch, blocking the door in the closed position and
preventing access to emergency equipment, possibly resulting in injury
to airplane occupants. Since EASA AD 2021-0136 was issued, it has been
determined that additional parts need to be modified.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-0028.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2022-03-12, this proposed AD would retain all of the
requirements of AD 2022-03-12. Those requirements are referenced in
EASA AD 2022-0179, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0179 specifies procedures for replacing the doghouse
door lock placard with an improved instruction placard. EASA AD 2022-
0179 also prohibits the installation of doghouses with incorrect
instruction placards. 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 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 the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain all requirements of AD 2022-03-12.
This proposed AD would require accomplishing the actions specified in
EASA AD 2022-0179 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 parts
under certain conditions.
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 2022-0179 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0179 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 2022-0179 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-
0179. Service information required by EASA AD 2022-0179 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-0028
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 62 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed 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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2 work-hours x $85 per hour = $170... Up to $95 per placard.. Up to $265 per placard. Up to $16,430.*
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* Assuming one placard per product. The number of placards on an airplane depends on the passenger configuration
and varies from operator to operator.
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.
[[Page 5816]]
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) 2022-03-12, Amendment 39-21929
(87 FR 8169, February 14, 2022); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2023-0028; Project Identifier MCAI-2022-
01164-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 16, 2023.
(b) Affected ADs
This AD replaces AD 2022-03-12, Amendment 39-21929 (87 FR 8169,
February 14, 2022) (AD 2022-03-12).
(c) Applicability
This AD applies to all Airbus SAS airplanes, certificated in any
category, as identified in paragraphs (c)(1) through (8) of this AD.
(1) Model A330-201, -202, -203, -223, and -243 airplanes.
(2) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
(3) Model A330-841 airplanes.
(4) Model A330-941 airplanes.
(5) Model A340-211, -212, and -213 airplanes.
(6) Model A340-311, -312, and -313 airplanes.
(7) Model A340-541 airplanes.
(8) Model A340-642 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Unsafe Condition
This AD was prompted by reports that the instructions on the
doghouse door lock placard are unclear and incomplete, and by a
determination that additional parts need to be modified. The FAA is
issuing this AD to address possible incorrect operation of the
doghouse door lock due to unclear and incomplete handling
instructions on the door placard installed near the lock. The unsafe
condition, if not addressed, could result in failure of the latch,
which could block the door in the closed position and prevent access
to the emergency equipment inside the doghouse.
(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
2022-0179, dated August 26, 2022 (EASA AD 2022-0179).
(h) Exceptions to EASA AD 2022-0179
(1) Where EASA AD 2022-0179 refers to June 18, 2021 (the
effective date of EASA AD 2021-0136), this AD requires using March
21, 2022 (the effective date of AD 2022-03-12).
(2) Where EASA AD 2022-0179 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Although EASA AD 2022-0179 specifies to ``remove the placard
and install an improved handling instructions placard on each
affected part,'' this AD requires replacing the placard on each
affected part with an improved handling instructions placard.
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0179.
(i) Additional FAA 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 (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#2e17036f787d036f677c03191d1e036f63616d6e484f4f00494158"><span class="__cf_email__" data-cfemail="21180c6077720c6068730c1612110c606c6e62614740400f464e57">[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 (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) Additional 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="02746e63666b6f6b702c776e7b636c6d74426463632c656d74">[email protected]</span></a>.
(k) 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 2022-0179,
dated August 26, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0179, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#3475704774515547551a5141465b44551a5141"><span class="__cf_email__" data-cfemail="febfba8dbe9b9f8d9fd09b8b8c918e9fd09b8b">[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 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.
(5) 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#fb9d89d59295888b9e988f929495bb959a899ad59c948d"><span class="__cf_email__" data-cfemail="e38591cd8a8d90938680978a8c8da38d829182cd848c95">[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 January 25, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-01835 Filed 1-27-23; 8:45 am]
BILLING CODE 4910-13-P
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