Proposed Rule2023-22487
Airworthiness Directives; Airbus SAS Airplanes
Primary source
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Published
October 13, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A318, A319, A321, A330-200, A330-200 Freighter, A330-300, A330-800, A330-900, A340-200, and A340-300 series airplanes; Model A320-211, -212, -214, -216, -231, -232, -233, -251N, - 252N, -253N, -271N, -272N, and -273N airplanes; and Model A340-541 and A340-642 airplanes. This proposed AD was prompted by a report that a production deficiency of some SafeLav gaseous oxygen container (SLGOC) batches was identified during production testing of newly manufactured oxygen containers. This proposed AD would require replacing affected SLGOCs and prohibiting the installation of affected SLGOCs, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). 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 197 (Friday, October 13, 2023)</title>
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[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Proposed Rules]
[Pages 70913-70915]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22487]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1994; Project Identifier MCAI-2023-00658-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, A319, A321, A330-200, A330-200
Freighter, A330-300, A330-800, A330-900, A340-200, and A340-300 series
airplanes; Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes; and Model A340-541 and
A340-642 airplanes. This proposed AD was prompted by a report that a
production deficiency of some SafeLav gaseous oxygen container (SLGOC)
batches was identified during production testing of newly manufactured
oxygen containers. This proposed AD would require replacing affected
SLGOCs and prohibiting the installation of affected SLGOCs, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference (IBR). 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 November
27, 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-2023-1994; 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 AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#6322271023060210024d0616110c13024d0616"><span class="__cf_email__" data-cfemail="1e5f5a6d5e7b7f6d7f307b6b6c716e7f307b6b">[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-2023-1994.
<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: 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#a3d7caceccd7cbda8dd38dc7ccd4cfcacdc4e3c5c2c28dc4ccd5"><span class="__cf_email__" data-cfemail="394d5054564d51401749175d564e5550575e795f5858175e564f">[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-2023-1994; Project Identifier
MCAI-2023-00658-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 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#15617c787a617d6c3b653b717a62797c7b72557374743b727a63"><span class="__cf_email__" data-cfemail="f2869b9f9d869a8bdc82dc969d859e9b9c95b2949393dc959d84">[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 2023-0094, dated May 8, 2023 (EASA
AD 2023-0094) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS Model:
<bullet> A318-111, -112, -121, and -122 airplanes;
<bullet> A319-111, -112, -113, -114, -115, -131, -132, -133, -151N,
-153N, and -171N airplanes;
<bullet> A320-211, -212, -214, -215, -216, -231, -232, -233, -251N,
-252N, -253N, -271N, -272N, and -273N airplanes;
[[Page 70914]]
<bullet> A321-111, -112, -131, -211, -212, -213, -231, -232, -251N,
-251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX
airplanes;
<bullet> A330-201, -202, -203, -223, -223F, -243, -243F, -301, -
302, -303, -321, -322, -323, -341, -342, -343, -841, and -941
airplanes; and
<bullet> A340-211, -212, -213, -311, -312, -313, -541, -542, -642,
and -643 airplanes.
Model A320-215, 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 proposed AD therefore does not include
those airplanes in the applicability. The MCAI states that a production
deficiency of some SLGOC batches was identified during production
testing of newly manufactured oxygen containers. Subsequent
investigation identified missing heat treatment of the actuation pin of
the SLGOC, which could cause its jamming, with consequent failure of
oxygen flow activation. This condition, if not corrected, could prevent
supplemental oxygen supply in case of decompression in the cabin/
lavatory, possibly resulting in injury to lavatory occupants.
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-2023-1994.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0094 specifies procedures for replacing affected
SLGOCs and prohibiting the installation of affected SLGOCs. 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 this 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 AD 2023-0094 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 2023-0094 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0094 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 2023-0094 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 2023-
0094. Service information required by EASA AD 2023-0094 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1994
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 728 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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2 work-hours x $85 per hour = $170........................... $4,570 $4,740 $3,450,720
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this 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.
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.
[[Page 70915]]
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-2023-1994; Project Identifier MCAI-2023-
00658-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by November 27, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (6) of this AD, certificated in any
category.
(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, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.
(5) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301,
-302, -303, -321, -322, -323, -341, -342, -343, -841, and -941
airplanes.
(6) Model A340-211, -212, -213, -311, -312, -313, -541, and -642
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by a report that a production deficiency of
some SafeLav gaseous oxygen container (SLGOC) batches was identified
during production testing of newly manufactured oxygen containers.
The FAA is issuing this AD to address missing heat treatment of the
actuation pin of the SLGOC, which could cause its jamming, with
consequent failure of oxygen flow activation. The unsafe condition,
if not addressed, could result in lack of supplemental oxygen supply
in case of decompression in the cabin/lavatory, possibly resulting
in injury to lavatory occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0094, dated May 8, 2023 (EASA AD 2023-0094).
(h) Exceptions to EASA AD 2023-0094
(1) Where EASA AD 2023-0094 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
2023-0094.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-0094
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#5c65711d0a0f711d150e716b6f6c711d11131f1c3a3d3d723b332a"><span class="__cf_email__" data-cfemail="a99084e8fffa84e8e0fb849e9a9984e8e4e6eae9cfc8c887cec6df">[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(s) (j)(2) and (i) of this AD, if any service information
referenced in EASA AD 2023-0094 contains paragraphs that are labeled
as RC, the instructions in RC paragraphs, including subparagraphs
under an RC paragraph, must be done to comply with this AD; any
paragraphs, including subparagraphs under those paragraphs, that are
not identified as RC are recommended. The instructions in
paragraphs, including subparagraphs under those paragraphs, not
identified as RC may be deviated from using accepted methods in
accordance with the operator's maintenance or inspection program
without obtaining approval of an AMOC, provided the instructions
identified as RC can be done and the airplane can be put back in an
airworthy condition. Any substitutions or changes to instructions
identified as RC require approval of an AMOC.
(k) Additional Information
For more information about this AD, contact 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#07736e6a68736f7e2977296368706b6e69604761666629606871"><span class="__cf_email__" data-cfemail="1a6e7377756e7263346a347e756d7673747d5a7c7b7b347d756c">[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.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0094,
dated May 8, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0094, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#96d7d2e5d6f3f7e5f7b8f3e3e4f9e6f7b8f3e3"><span class="__cf_email__" data-cfemail="4d0c093e0d282c3e2c6328383f223d2c632838">[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#6204104c0b0c11120701160b0d0c220c0310034c050d14"><span class="__cf_email__" data-cfemail="8debffa3e4e3fefde8eef9e4e2e3cde3ecffeca3eae2fb">[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 October 4, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-22487 Filed 10-12-23; 8:45 am]
BILLING CODE 4910-13-P
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