Proposed Rule2023-11233
Airworthiness Directives; Airbus SAS Airplanes
Primary source
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Published
May 26, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A320-200 series airplanes, Model A330-200 Freighter series airplanes, Model A330-300 series airplanes, Model A340-200 series airplanes, and Model A340-300 series airplanes. This proposed AD was prompted by a report that certain overheat detection system (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. This proposed AD would require a one- time special detailed inspection (SDI) for discrepancies of each affected part installed at an affected position, and replacement of discrepant 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. 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 102 (Friday, May 26, 2023)</title>
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[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Proposed Rules]
[Pages 34097-34100]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11233]
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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.
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Federal Register / Vol. 88 , No. 102 / Friday, May 26, 2023 /
Proposed Rules
[[Page 34097]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1051; Project Identifier MCAI-2022-01565-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 A320-200 series airplanes, Model A330-200
Freighter series airplanes, Model A330-300 series airplanes, Model
A340-200 series airplanes, and Model A340-300 series airplanes. This
proposed AD was prompted by a report that certain overheat detection
system (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. This proposed AD would require a one-
time special detailed inspection (SDI) for discrepancies of each
affected part installed at an affected position, and replacement of
discrepant 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. 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 July 10,
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-2023-1051; 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 material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#7b3a3f083b1e1a081a551e0e09140b1a551e0e"><span class="__cf_email__" data-cfemail="e4a5a097a481859785ca8191968b9485ca8191">[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-2023-1051.
<bullet> For Kidde Aerospace & Defense service information
identified in this NPRM, contact Kidde Aerospace & Defense, 4200
Airport Drive NW, Building B, Wilson, NC 27896; telephone 319-295-5000;
website <a href="http://kiddetechnologies.com/aviation.com">kiddetechnologies.com/aviation.com</a>.
<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,
FAA, International Validation Branch, 2200 South 216th St., Des Moines,
WA 98198; telephone 206-2313229; email <a href="/cdn-cgi/l/email-protection#b8eed4d9dcd1d5d1ca96edd4c1d9d6d7cef8ded9d996dfd7ce"><span class="__cf_email__" data-cfemail="5e08323f3a3733372c700b32273f3031281e383f3f70393128">[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-2023-1051; Project Identifier
MCAI-2022-01565-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, FAA, International Validation
Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 206-231-
3229; email <a href="/cdn-cgi/l/email-protection#7a2c161b1e13171308542f16031b14150c3a1c1b1b541d150c"><span class="__cf_email__" data-cfemail="36605a57525f5b5f4418635a4f575859407650575718515940">[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 2022-0243, dated December 8, 2022
(EASA AD 2022-0243) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A320-200 series airplanes,
Model A330-200 Freighter series airplanes, Model A330-300 series
airplanes, Model A340-200
[[Page 34098]]
series airplanes, and Model A340-300 series airplanes. 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. This condition, if not
addressed, could lead to an air leak remaining undetected by the OHDS
and not being isolated during flight, possibly resulting in localized
areas of the airplane being exposed to high temperatures, with
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-2023-1051.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0243 specifies procedures for a one-time SDI for
discrepancies of each affected part installed at an affected position,
and replacement of discrepant parts where the displayed electronic
centralized aircraft monitoring (ECAM) warning is not related to
results of a heat gun test at certain locations. EASA AD 2022-0243 also
prohibits the installation of affected parts.
The FAA reviewed Kidde Aerospace & Defense Service Bulletin CFD-26-
3, dated January 13, 2022; and Revision 1, dated March 29, 2022, which
identify affected OHDS sensing elements (those having certain part
numbers and corresponding date codes). These documents are distinct
because Revision 1 corrects typographical errors and clarifies wording.
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 ADDRESSES.
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 2022-0243 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.
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 2022-0243 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0243 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 2022-0243 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-
0243. Service information required by EASA AD 2022-0243 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1051
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 119 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
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Up to 64 work-hours x $85 per hour = $5,440.................. $0 $5,440 $647,360
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The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
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13 work-hours x $85 per hour = $1,105. (*) $1,105
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* The FAA has received no definitive data on which to base the parts
cost.
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, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
[[Page 34099]]
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-2023-1051; Project Identifier MCAI-2022-
01565-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by July 10, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes specified in
paragraphs (c)(1) through (5) of this AD, certificated in any
category.
(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.
(4) Model A340-211, -212, and -213 airplanes.
(5) Model A340-311, -312, and -313 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, produced before January 31, 2021,
may not properly detect the thermal bleed leak events due to a
quality escape during the manufacturing process. The FAA is issuing
this AD to address an air leak remaining undetected by the OHDS
sensing element and not being isolated during flight. The unsafe
condition, if not addressed, could possibly result in localized
areas of the airplane being exposed to high temperatures, with
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
2022-0243, dated December 8, 2022 (EASA AD 2022-0243).
(h) Exceptions to EASA AD 2022-0243
(1) Where EASA AD 2022-0243 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0243.
(3) Where EASA AD 2022-0243 defines ``affected part'' and refers
to ``the VSB,'' for the part numbers and date codes, for this AD,
use Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated
January 13, 2022; or Revision 1, dated March 29, 2022, as ``the
VSB'' for the part numbers and date codes.
(4) Where EASA AD 2022-0243 defines Groups, replace the text
``the SB'' with ``Airbus Service Bulletin A330-36-3052, dated June
27, 2022; or Airbus SB A340-36-4036, dated June 27, 2022; as
applicable.''
(5) Where paragraph (2) of EASA AD 2022-0234 specifies action if
``any discrepancy as defined in the SB is detected,'' for this AD a
discrepancy is when the displayed electronic centralized aircraft
monitoring (ECAM) warning is not related to results of a heat gun
test at certain location.
(i) No Reporting Requirement and No Return of Parts
(1) Although the service information referenced in EASA AD 2022-
0243 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(2) Although the service information referenced in EASA AD 2022-
0243 specifies to return certain parts 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#ad9480ecfbfe80ece4ff809a9e9d80ece0e2eeedcbcccc83cac2db"><span class="__cf_email__" data-cfemail="192034584f4a3458504b342e2a29345854565a597f7878377e766f">[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; 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 Vladimir Ulyanov,
Aerospace Engineer, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone 206-231-3229; email
<a href="/cdn-cgi/l/email-protection#1c4a707d787571756e324970657d72736a5c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="88dee4e9ece1e5e1faa6dde4f1e9e6e7fec8eee9e9a6efe7fe">[email protected]</span></a>.
(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.
[[Page 34100]]
(i) European Union Aviation Safety Agency (EASA) AD 2022-0243,
dated December 8, 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.
Note 1 to paragraph (l)(2)(iii): The revision level of this
document is identified on only the transmittal page; no other page
of the document contains this information.
(3) For EASA AD 2022-0243, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#ce8f8abd8eabafbdafe0abbbbca1beafe0abbb"><span class="__cf_email__" data-cfemail="da9b9ea99abfbba9bbf4bfafa8b5aabbf4bfaf">[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, Building B, Wilson, NC 27896; telephone 319-295-5000; website
<a href="http://kiddetechnologies.com/aviation.com">kiddetechnologies.com/aviation.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#f49286da9d9a87849197809d9b9ab49a958695da939b82"><span class="__cf_email__" data-cfemail="abcdd985c2c5d8dbcec8dfc2c4c5ebc5cad9ca85ccc4dd">[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 May 22, 2023.
Michael Linegang, Acting Director,
Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2023-11233 Filed 5-25-23; 8:45 am]
BILLING CODE 4910-13-P
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