Rule2024-01162
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
January 22, 2024
Effective
February 6, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A330-800, A330-900, A340-500, and A340-600 series airplanes. This AD was prompted by a report of temporary loss of the flight director (FD) and autothrottle (A/THR) on an airplane dispatched under the provisions of a master minimum equipment list (MMEL) item for fuel quantity indication (FQI). This AD requires revising the operator's existing FAA-approved minimum equipment list (MEL), as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 14 (Monday, January 22, 2024)</title>
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[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Rules and Regulations]
[Pages 3878-3881]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01162]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0033; Project Identifier MCAI-2023-01206-T;
Amendment 39-22661; AD 2024-01-10]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A330-800,
A330-900, A340-500, and A340-600 series airplanes. This AD was prompted
by a report of temporary loss of the flight director (FD) and
autothrottle (A/THR) on an airplane dispatched under the provisions of
a master minimum equipment list (MMEL) item for fuel quantity
indication (FQI). This AD requires revising the operator's existing
FAA-approved minimum equipment list (MEL), as specified in a European
Union Aviation Safety Agency (EASA) AD, which is incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective February 6, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 6,
2024.
The FAA must receive comments on this AD by March 7, 2024.
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-2024-0033; 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
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#9edfdaeddefbffedffb0fbebecf1eeffb0fbeb"><span class="__cf_email__" data-cfemail="b2f3f6c1f2d7d3c1d39cd7c7c0ddc2d39cd7c7">[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 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. It is also available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0033.
FOR FURTHER INFORMATION CONTACT: Vladimir A. Ulyanov, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone 206-231-3229; email <a href="/cdn-cgi/l/email-protection#a8dec4c9ccc1c5c1da86ddc4d1c9c6c7dee8cec9c986cfc7de"><span class="__cf_email__" data-cfemail="f98f95989d9094908bd78c95809897968fb99f9898d79e968f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2024-0033; Project Identifier MCAI-
2023-01206-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data.
[[Page 3879]]
The FAA will consider all comments received by the closing date and may
amend this final rule 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 final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to
Vladimir A. Ulyanov, Aviation Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; phone 206-231-3229; email
<a href="/cdn-cgi/l/email-protection#8bfde7eaefe2e6e2f9a5fee7f2eae5e4fdcbedeaeaa5ece4fd"><span class="__cf_email__" data-cfemail="95e3f9f4f1fcf8fce7bbe0f9ecf4fbfae3d5f3f4f4bbf2fae3">[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 2023-0206, dated November 21, 2023
(EASA AD 2023-0206) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A330-201, -202, -203, -223, -
223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, -
343, -841, and -941 airplanes; and Model A340-541, -542, -642, and -643
airplanes. Model A340-542 and -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 temporary loss of the FD and A/THR
occurred on an airplane dispatched under the provisions of MMEL item
28-07-02-05, ``Inner Tank Fuel Quantity Indication on the Fuel SD
page.'' Subsequent investigation determined that this behavior is
systematic, when an airplane is dispatched under certain MMEL FQI
items, because the FQI unavailability invalidates the gross weight and
the center-of-gravity computation at the fuel control and monitoring
computer (FCMC)-level. To address this unsafe condition, Airbus issued
an MMEL update prohibiting required navigation performance--
authorization required (RNP-AR) operation for airplanes dispatched
under certain MMEL FQI items. This condition, if not corrected, could
affect the airplane's capability to follow the desired ground track and
vertical path during certain takeoff and approach phases.
The FAA is issuing this AD to address the loss of the autopilot
(AP), FD, and A/THR when those systems are required for RNP-AR takeoffs
and landings, which could result in failure to maintain safe flight and
landing. You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a>
under Docket No. FAA-2024-0033.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0206 specifies procedures for revising the operator's
MEL by incorporating the information in MMEL items 28-07-02-05A, 28-07-
02-06A, 28-07-02-07A, 28-07-02-08A, and 28-07-02-10A of Airbus A330/340
MMEL Major Event Revision, dated August 23, 2023, for airplanes that
have implemented RNP-AR capability by embodying--
<bullet> Airbus modification 57729, 200624, 200628, 203441 or
203442 in production; or
<bullet> Airbus Service Bulletin A330-34-3262, A330-34-3308, A330-
34-3345, A330-34-3378, or A330-34-3409 in service.
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 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 AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2023-0206 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.
Compliance With MEL Revisions
EASA AD 2023-0206 requires operators to implement the instructions
of the MMEL update, on the basis of which the applicable MEL of each
affected airplane must be amended and thereafter ``operate the
aeroplane(s) accordingly.'' However, this AD does not specifically
require that action as it is already required by an FAA regulation.
Section 121.628(a)(5) of 14 CFR requires airplanes to be operated under
all applicable conditions and limitations contained in the operator's
MEL. Therefore, including a requirement in this AD to operate the
airplane according to the revised MEL would be redundant and
unnecessary.
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,
EASA AD 2023-0206 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2023-0206 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2023-0206 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
2023-0206. Service information required by EASA AD 2023-0206 for
compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-
2024-0033 after this AD is published.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those
[[Page 3880]]
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under this section, an agency, upon finding good cause, may
issue a final rule without providing notice and seeking comment prior
to issuance. Further, section 553(d) of the APA authorizes agencies to
make rules effective in less than thirty days, upon a finding of good
cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because the loss of the AP, FD, and A/THR when those systems are
required for RNP-AR takeoffs and landings could result in failure to
maintain safe flight and landing. Accordingly, notice and opportunity
for prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 142 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Cost on U.S.
Labor cost Parts cost Cost per product operators
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1 work-hour x $85 per hour = $85......................... $0 $85 $12,070
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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, and
(2) Will not affect intrastate aviation in Alaska.
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 adding the following new airworthiness
directive:
2024-01-10 Airbus SAS: Amendment 39-22661; Docket No. FAA-2024-0033;
Project Identifier MCAI-2023-01206-T.
(a) Effective Date
This airworthiness directive (AD) is effective February 6, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) and (2) of this AD, certificated in any category.
(1) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301,
-302, -303, -321, -322, -323, -341, -342, -343, -841, and -941
airplanes.
(2) Model A340-541 and -642 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by a report of temporary loss of the flight
director (FD) and autothrottle (A/THR) on an airplane dispatched
under the provisions of a master minimum equipment list (MMEL) item
for fuel quantity indication. The FAA is issuing this AD to address
the loss of the autopilot (AP), FD, and A/THR when those systems are
required for navigation performance--authorization required (RNP-AR)
takeoffs and landings. The unsafe condition, if not addressed, could
result in failure to maintain safe flight and landing.
(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, EASA AD 2023-0206, dated November 21, 2023 (EASA AD
2023-0206).
(h) Exceptions to EASA AD 2023-0206
(1) Where EASA AD 2023-0206 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2023-0206 specifies to
``implement the instructions of the MMEL update, on basis of which
the applicable MEL of each affected aeroplane must be amended,''
this AD requires replacing those words with ``revise the operator's
existing FAA-approved MEL by incorporating the information
identified in ``The MMEL update'' as defined in EASA AD 2023-0206.''
(3) Where paragraph (1) of EASA AD 2023-0206 specifies ``and,
thereafter, operate the aeroplane(s) accordingly,'' this AD does not
require that action as it is already required by an existing FAA
operating regulation (see 14 CFR 121.628(a)(5)).
[[Page 3881]]
(4) Where paragraph (2) of EASA AD 2023-0206 specifies ``the
instructions of the MMEL update are implemented for that
aeroplane,'' this AD requires replacing those words with ``the
operator's existing FAA-approved MEL is revised by incorporating the
information identified in ``The MMEL update'' as defined in EASA AD
2023-0206.''
(5) Where paragraph (2) of EASA AD 2023-0206 specifies
implementing the instructions of the MMEL update before next flight
after modifying a Group 2 airplane into a Group 1 airplane, this AD
requires accomplishing the MEL update within 30 days after the
effective date of this AD, or before further flight after
accomplishing the modification, whichever occurs later.
(6) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0206.
(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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#e5dcc8a4b3b6c8a4acb7c8d2d6d5c8a4a8aaa6a5838484cb828a93"><span class="__cf_email__" data-cfemail="f8c1d5b9aeabd5b9b1aad5cfcbc8d5b9b5b7bbb89e9999d69f978e">[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.
(j) Additional Information
For more information about this AD, contact Vladimir A. Ulyanov,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone 206-231-3229; email
<a href="/cdn-cgi/l/email-protection#2f59434e4b4642465d015a43564e4140596f494e4e01484059"><span class="__cf_email__" data-cfemail="c8bea4a9aca1a5a1bae6bda4b1a9a6a7be88aea9a9e6afa7be">[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 2023-0206,
dated November 21, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0206, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#4b0a0f380b2e2a382a652e3e39243b2a652e3e"><span class="__cf_email__" data-cfemail="a7e6e3d4e7c2c6d4c689c2d2d5c8d7c689c2d2">[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 at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a>, or email <a href="/cdn-cgi/l/email-protection#5f392d7136312c2f3a3c2b3630311f313e2d3e71383029"><span class="__cf_email__" data-cfemail="e48296ca8d8a97948187908d8b8aa48a859685ca838b92">[email protected]</span></a>.
Issued on January 10, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-01162 Filed 1-18-24; 11:15 am]
BILLING CODE 4910-13-P
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