Rule2023-22078
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
October 5, 2023
Effective
November 9, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2022-18- 12, which applied to all Airbus SAS Model A330-841 and -941 airplanes. AD 2022-18-12 required installing serviceable engine electronic control (EEC) software or EEC units having the serviceable software, limiting certain parts installation configurations, and prior or concurrent modification of EEC software. This AD was prompted by a determination that engine crystal icing protection could be (temporarily) lost if an erroneous total pressure value is provided by the airplane system, which is addressed through EEC software. This AD continues to require certain actions in AD 2022-18-12 and requires adding new limitations for intermixing of certain EEC software standards and a new operational limitation for engines with certain EEC software installed, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also prohibits the installation of certain engines under certain conditions. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 192 (Thursday, October 5, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69015-69018]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22078]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1213; Project Identifier MCAI-2022-01615-T;
Amendment 39-22561; AD 2023-20-02]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-18-
12, which applied to all Airbus SAS Model A330-841 and -941 airplanes.
AD 2022-18-12 required installing serviceable engine electronic control
(EEC) software or EEC units having the serviceable software, limiting
certain parts installation configurations, and prior or concurrent
modification of EEC software. This AD was prompted by a determination
that engine crystal icing protection could be (temporarily) lost if an
erroneous total pressure value is provided by the airplane system,
which is addressed through EEC software. This AD continues to require
certain actions in AD 2022-18-12 and requires adding new limitations
for intermixing of certain EEC software standards and a new operational
limitation for engines with certain EEC software installed, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. This AD also prohibits the installation
of certain engines under certain conditions. The FAA is issuing this AD
to address the unsafe condition on these products.
DATES: This AD is effective November 9, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 9,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1213; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
<bullet> For material incorporated by reference 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#7031340330151103115e1505021f00115e1505"><span class="__cf_email__" data-cfemail="d49590a794b1b5a7b5fab1a1a6bba4b5fab1a1">[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 material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1213.
FOR FURTHER INFORMATION CONTACT: Tim Dowling, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3667; email <a href="/cdn-cgi/l/email-protection#7d09141012091504530d5319120a1114131a3d1b1c1c531a120b"><span class="__cf_email__" data-cfemail="66120f0b09120e1f4816480209110a0f08012600070748010910">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2022-18-12, Amendment 39-22163 (87 FR
56561, September 15, 2022) (AD 2022-18-12). AD 2022-18-12 applied to
all Airbus SAS Model A330-841 and -941 airplanes. 2022-18-12 required
installing serviceable EEC software or
[[Page 69016]]
EEC units having the serviceable software, limiting certain parts
installation configurations, and prior or concurrent modification of
EEC software. The FAA issued AD 2022-18-12 to address erroneous
electronic centralized airplane monitoring (ECAM) engine oil pressure
warnings, which could lead to dual engine in-flight shutdown and result
in reduced control of the airplane.
The NPRM published in the Federal Register on June 16, 2023 (88 FR
39379). The NPRM was prompted by AD 2022-0253, dated December 19, 2022
(EASA AD 2022-0253) (also referred to as the MCAI), issued by EASA,
which is the Technical Agent for the Member States of the European
Union. The MCAI states that it has been determined that engine crystal
icing protection could be (temporarily) lost if an erroneous total
pressure value is provided by the airplane system, which, if not
corrected, also could lead to dual engine in-flight shutdown and result
in reduced control of the airplane. To address this unsafe condition,
Rolls-Royce developed new EEC full-authority digital engine control
software (EEC standard 5.3) for the affected Trent 7000 engines.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1213.
In the NPRM, the FAA proposed to continue certain actions in AD
2022-18-12. The NPRM also proposed to require adding new limitations
for intermixing of certain EEC software standards, and an operational
limitation for airplanes having an engine with certain EEC software
installed, as specified in EASA AD 2022-0253. The NPRM also proposed to
prohibit the installation of certain engines under certain conditions.
The FAA is issuing this AD to address the unsafe condition on these
products.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
The FAA received additional comments from a commenter, Delta Air
Lines (Delta). The following presents the comments received on the NPRM
and the FAA's response to each comment.
Request for Exception to Operational Limitations
Delta requested adding an exception to the operational limitations
described in paragraph (7) of EASA AD 2022-0253, which Delta stated
prohibits intermixing of software once the airplane has been modified
to install EEC SW standard 5.3 on both engines. Delta stated that
paragraph (7) of EASA AD 2022-0253 contradicts paragraph (4) of EASA AD
2022-0253, which allows intermixing certain software standards. Delta
requested that the exception allow installation of an affected EEC
unit, software, or engine if the airplane is operated under certain
operational requirements. Delta reasoned that because the software can
be installed on individual engines or EECs, an affected EEC unit or
engine should be permitted to be installed on a modified airplane
(i.e., go from having both engines updated and unaffected to having
only one engine updated) as long as the configuration meets intermixing
or interchangeability requirements and the 2-year limit specified in
paragraph (6) of EASA AD 2022-0253 is not exceeded. Delta pointed out
that allowing this would promote operational flexibility if an updated
EEC unit or engine needs to be replaced and the only available EEC unit
or engine has not been updated to EEC software standard 5.3. Delta
added that it made a similar comment during EASA's rulemaking process
for EASA AD 2022-0253 and that EASA clarified that paragraph (7) of
EASA AD 2022-0253 didn't prohibit re-installing affected EEC software
on the airplane. Delta recommended revising the Background section,
Related Service Information Under 1 CFR part 51 section, and paragraph
(h) of the proposed AD with the exceptions or clarifying changes.
The FAA agrees to clarify. Paragraph (7) of EASA AD 2022-0253
simply provides an acceptable method to comply with the operational
limitations in paragraph (6) of EASA AD 2022-0253, which only becomes
effective 2 years after the effective date of this AD. Paragraph (7) of
EASA AD 2022-0253 does not prohibit intermixing or interchangeability
before that date, but instead clarifies that changing the modified
airplane configuration to install an affected EEC unit or engine would
mean the airplane no longer complies with the operational limitations
in paragraph (6) of EASA AD 2022-0253. The FAA has not changed this AD
in this regard.
Conclusion
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
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0253 specifies procedures for limitations for
intermixing of certain EEC software and an operational limitation for
engines with certain EEC software installed. EASA AD 2022-0253
specifies that installation of serviceable EEC software is acceptable
for compliance with (terminates) the operational limitation, provided
that no affected EEC software, affected EEC unit, or affected engine is
subsequently installed on the airplane. EASA AD 2022-0253 also
prohibits the installation of engines with certain EEC software. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD, affects 20 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-18-12 1 work-hours x $85 per $0 $85 $1,700
(parts limitations). hour = $85.
[[Page 69017]]
New actions........................... Up to 25 work-hours x * 0 2,125 42,500
$85 per hour = $2,125.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2022-18-12, Amendment 39-22163
(87 FR 56561, September 15, 2022); and
0
b. Adding the following new AD:
2023-20-02 Airbus SAS: Amendment 39-22561; Docket No. FAA-2023-1213;
Project Identifier MCAI-2022-01615-T.
(a) Effective Date
This airworthiness directive (AD) is effective November 9, 2023.
(b) Affected ADs
This AD replaces AD 2022-18-12, Amendment 39-22163 (87 FR 56561,
September 15, 2022) (AD 2022-18-12).
(c) Applicability
This AD applies to all Airbus SAS Model A330-841 and -941
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 73, Engine Fuel
and Control.
(e) Unsafe Condition
This AD was prompted by a determination that engine crystal
icing protection could be (temporarily) lost if an erroneous total
pressure value is provided by the airplane system and the engine
electronic control (EEC) software used to correct the system
requires modification. This modification may conflict with EEC
software to address erroneous electronic centralized airplane
monitoring (ECAM) engine oil pressure warnings. The FAA is issuing
this AD to address erroneous total pressure values being provided by
the airplane system and any EEC software that should not be
intermixed. The unsafe condition, if not addressed, could result in
dual engine in-flight shut-down, and subsequent reduced control of
the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0253, dated December 19, 2022 (EASA AD 2022-0253).
(h) Exceptions to EASA AD 2022-0253
(1) Where EASA AD 2022-0253 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2022-0253 refers to ``10 September 2021,''
this AD requires using October 20, 2022 (the effective date of AD
2022-18-12).
(3) Where EASA AD 2022-0253 refers to ``10 September 2023,''
this AD requires using October 20, 2024 (24 months after October 20,
2022, the effective date of AD 2022-18-12).
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0253.
(i) 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 (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#50697d1106037d1119027d6763607d111d1f13103631317e373f26"><span class="__cf_email__" data-cfemail="f6cfdbb7a0a5dbb7bfa4dbc1c5c6dbb7bbb9b5b6909797d8919980">[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.
[[Page 69018]]
(j) Additional Information
For more information about this AD, contact Tim Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3667; email
<a href="/cdn-cgi/l/email-protection#186c7175776c70613668367c776f7471767f587e7979367f776e"><span class="__cf_email__" data-cfemail="e5918c888a918d9ccb95cb818a92898c8b82a5838484cb828a93">[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 2022-0253,
dated December 19, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0253, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#0b4a4f784b6e6a786a256e7e79647b6a256e7e"><span class="__cf_email__" data-cfemail="3574714675505446541b5040475a45541b5040">[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#4a2c38642324393a2f293e2325240a242b382b642d253c"><span class="__cf_email__" data-cfemail="ccaabee2a5a2bfbca9afb8a5a3a28ca2adbeade2aba3ba">[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 27, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-22078 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 5, 2023.
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.