Airworthiness Directives; Airbus SAS Airplanes, 54870-54874 [2022-19459]
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54870
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Rules and Regulations
conditions. The FAA is issuing this AD to
address inconsistent release of single lane
slide-rafts having the IFAR system, which if
not corrected, could result in a slide-raft
being unusable during an emergency and
impair the safe evacuation of occupants.
(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 2022–0013, dated
January 25, 2022 (EASA AD 2022–0013).
(h) Exceptions to EASA AD 2022–0013
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(1) Where EASA AD 2022–0013 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2022–0013 does not apply to this AD.
(i) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, 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 Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (j) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 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, Large Aircraft Section,
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.
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(j) Related Information
For more information about this AD,
contact Dan Rodina, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th
Street, Des Moines, WA 98198, telephone
and fax 206–231–3225; email dan.rodina@
faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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 2022–0013, dated January 25,
2022.
(ii) [Reserved]
(3) For EASA AD 2022–0013, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
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
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on August 10, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2022–19278 Filed 9–7–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1069; Project
Identifier MCAI–2022–01175–T; Amendment
39–22174; AD 2022–19–05]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is superseding
Emergency Airworthiness Directive
SUMMARY:
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(AD) 2022–18–51, which applied to all
Airbus SAS Model A330–841 and –941
airplanes. Emergency AD 2022–18–51
required revising the existing airplane
flight manual (AFM) to incorporate
additional limitations prohibiting
takeoff for certain airplane
configurations; specified airplane
dispatch restrictions using certain
provisions of the A330 master minimum
equipment list (MMEL) or amending the
existing FAA-approved operator’s
minimum equipment list (MEL); and
required obtaining and accomplishing
instructions following certain
maintenance messages. Since the FAA
issued Emergency AD 2022–18–51,
additional instructions and maintenance
procedures have been developed to
address failures of the high pressure
valve (HPV). This AD continues to
require the actions specified in
Emergency AD 2022–18–51, and also
requires maintenance actions, including
an HPV seal integrity test, repetitive
replacement of the HPV clips, revision
of the existing AFM, and
implementation of updates to the FAAapproved operator’s 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 September
15, 2022.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 15, 2022.
The FAA must receive comments on
this AD by October 24, 2022.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• 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.
• 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 regulations.gov under Docket
No. FAA–2022–1069; 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 AD, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
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other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For material incorporated by
reference (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find
this material on the EASA website at
ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA–
2022–1069.
FOR FURTHER INFORMATION CONTACT:
Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA,
International Validation Branch, 2200
South 216th St., Des Moines, WA 98198;
telephone 206–231–3229; email
Vladimir.Ulyanov@faa.gov.
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–2022–1069;
Project Identifier MCAI–2022–01175–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.
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
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this final rule.
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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
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will not be placed in the public docket
of this AD. 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 206–231–
3229; email Vladimir.Ulyanov@faa.gov.
Any commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Background
On August 18, 2022, the FAA issued
Emergency AD 2022–18–51 for all
Airbus SAS Model A330–841 and –941
airplanes. Emergency AD 2022–18–51
was prompted by MCAI originated by
EASA, which is the Technical Agent for
the Member States of the European
Union. EASA issued EASA Emergency
AD 2022–0170–E, dated August 17,
2022 (EASA Emergency AD 2022–0170–
E), to correct an unsafe condition
identified as leaking bleed system HPVs,
likely due to HPV clip failure and
sealing ring damage.
Emergency AD 2022–18–51 required
revising the existing AFM to incorporate
additional limitations prohibiting
takeoff for certain airplane
configurations; specified airplane
dispatch restrictions using certain
provisions of the A330 MMEL or
amending the existing FAA-approved
operator’s MEL; and required obtaining
and accomplishing instructions
following certain maintenance
messages. The FAA issued Emergency
AD 2022–18–51 to address a leaking
HPV, which may expose the pressure
regulating valve (PRV), which is
installed downstream from the HPV, to
high pressure, possibly damaging the
PRV itself and preventing its closure.
The unsafe condition, if not addressed,
could result in high pressure and
temperatures in the duct downstream
from the PRV, with possible duct burst,
damage to several systems, and
consequent loss of control of the
airplane.
Actions Since Emergency AD 2022–18–
51 Was Issued
Since the FAA issued Emergency AD
2022–18–51, EASA superseded its
Emergency AD 2022–0170–E and issued
EASA AD 2022–0181, dated August 29,
2022 (EASA AD 2022–0181) (also
referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS
A330–841 and –941 airplanes. The
MCAI states that Airbus has since
published service information providing
maintenance actions including
repetitive replacement of the HPV clips
and AFM and MMEL updates that
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54871
provide additional instructions and
maintenance procedures to address
failures of the HPV.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2022–1069.
Explanation of Retained Requirements
Although this AD does not explicitly
restate the requirements of Emergency
AD 2022–18–51, this AD retains all of
the requirements of Emergency AD
2022–18–51. Those requirements are
referenced in EASA AD 2022–0181,
which, in turn, is referenced in
paragraph (g) of this AD.
Related Service Information Under 1
CFR Part 51
EASA AD 2022–0181 retains the
following actions from EASA
Emergency AD 2022–0170–E: revision
of the existing AFM to incorporate
limitations prohibiting takeoff for
certain airplane configurations; airplane
dispatch restrictions using certain
provisions of the A330 MMEL or
amendment of the existing FAAapproved operator’s MEL; and actions
following certain maintenance
messages.
EASA AD 2022–0181 also specifies
the following required actions:
• Revision of the Limitations section
of the existing AFM to provide
procedures to mitigate the risk of a nonisolated overpressure or
overtemperature in the case of an
excessive leak of the engine bleed HPV.
• Implementation of the instructions
of the MMEL update on the basis of
which the operator’s MEL must be
amended with new provisions and
procedures for the following items: Air
Conditioning Pack, Engine Bleed Air
Supply System, Engine Bleed IP
(Intermediate Pressure) Check Valve,
and Engine Bleed HP Valve.
• A seal integrity test of each HPV,
and corrective actions (including
replacing the HPV, and a detailed
inspection of the wing bellow on engine
1(2) and replacement of any damaged or
deformed wing bellow).
EASA AD 2022–0181 also describes
the following maintenance instructions
to be accomplished following certain
faults or failures:
• HPV troubleshooting procedure and
additional maintenance actions after
any Class 1 maintenance message
associated to an HPV fault, and
corrective actions (including replacing
HPV or wing bellow).
• HPV seal integrity test and the
additional maintenance actions after
any Class 1 or Class 2 maintenance
message associated to a PRV fault, and
corrective actions (including replacing
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Rules and Regulations
the HPV and PRV, and a detailed
inspection of the wing bellow on engine
1(2) and replacement of any damaged or
deformed wing bellow).
• A visual (borescope) inspection of
the engine bleed air system (EBAS) to
detect signs of foreign object debris
(FOD), including metallic debris in the
butterfly valve and dents or damage of
the flaps of the intermediate pressure
check valve (IPCV), and dents and
missing segments in the PRV, the header
of the high pressure/intermediate
pressure (HP/IP) duct, the y-duct, and
the pylon ducts after any failure of an
HPV clip and/or any of the HPV
butterfly sealing rings, and corrective
actions (including removing FOD and
replacing the IPCV or PRV).
• A seal integrity test of each HPV
after any take-off or go-around
accomplished with ‘‘packs OFF’’ or
‘‘APU bleed ON’’ or ‘‘engine bleed
OFF,’’ and corrective actions (including
replacing the HPV, and a detailed
inspection of the wing bellow on engine
1(2) and replacement of any damaged or
deformed wing bellow).
• Contacting Airbus for instructions
after any HPV troubleshooting
procedure if any Class 1 maintenance
message occurs associated with an HPV
fault.
• Initial and repetitive replacement of
each HPV clip with a new HPV clip.
• Reporting to Airbus of any failure
detected during the accomplishment of
any maintenance action, seal integrity
test, or visual inspection specified in
EASA AD 2022–0181.
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.
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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 described 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 2022–
0181 described previously, except for
any differences identified as exceptions
in the regulatory text of this AD, and
except as discussed under ‘‘Differences
Between this AD and the MCAI.’’
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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 2022–0181
is incorporated by reference in this AD.
This AD requires compliance with
EASA AD 2022–0181 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 2022–0181 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 2022–0181.
Service information required by EASA
AD 2022–0181 for compliance will be
available at regulations.gov under
Docket No. FAA–2022–1069 after this
AD is published.
Differences Between This AD and the
MCAI
EASA AD 2022–0181 requires
operators to inform all flightcrews of
revisions to the existing AFM and MEL,
and thereafter to operate the airplane
accordingly. However, this AD does not
specifically require those actions, as
those actions are already required by
FAA regulations. FAA regulations
require operators to furnish to pilots any
changes to the AFM (for example, 14
CFR 121.137), and to ensure the pilots
are familiar with the AFM (for example,
14 CFR 91.505). As with any other
flightcrew training requirement, training
on the updated AFM content is tracked
by the operators and recorded in each
pilot’s training record, which is
available for the FAA to review. FAA
regulations also require pilots to follow
the procedures in the AFM including all
updates. 14 CFR 91.9 requires that any
person operating a civil aircraft must
comply with the operating limitations
specified in the AFM. Furthermore,
FAA regulations (14 CFR 121.628(a)(2))
require operators to provide pilots with
access to all of the information
contained in the operator’s MEL.
Furthermore, 14 CFR 121.628(a)(5)
requires airplanes to be operated under
all applicable conditions and limitations
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contained in the operator’s MEL.
Therefore, including a requirement in
this AD to operate the airplane
according to the revised AFM and MEL
would be redundant and unnecessary.
Paragraph (2) of EASA AD 2022–0181
prohibits the dispatch of an airplane
under specified provisions of the A330
MMEL items. This AD alternatively
allows revising the operator’s existing
FAA-approved MEL by removing the
items specified in paragraph (2) of
EASA AD 2022–0181.
Interim Action
The FAA considers that this AD is an
interim action. The FAA anticipates that
further AD action will follow.
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
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 a leaking HPV may expose
the PRV to high pressure, possibly
damaging the PRV itself and preventing
its closure, which could lead to high
pressure and temperatures in the duct
downstream from the PRV, with
possible duct burst, damage to several
systems, and consequent loss of control
of the airplane. The FAA considers a
leaking HPV to be an urgent safety issue.
The actions retained from the
emergency AD must be performed
before further flight; however, these
actions on their own do not fully
mitigate the unsafe condition. The new
actions required by this AD will further
mitigate the unsafe condition, and
certain actions are required for
compliance before further flight.
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)
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for making this amendment effective in
less than 30 days, for the same reasons
the FAA found good cause to forgo
notice and comment.
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.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not
apply when an agency finds good cause
54873
Costs of Compliance
The FAA estimates that this AD
affects 15 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per
product
Labor cost
Retained actions from Emergency AD
2022–18–51.
New one-time actions .................................
HPV clip replacement .................................
2 work-hours × $85 per hour = $170 .........
$0
$170
$2,550.
15 work-hours × $85 per hour = $1,275 ....
1 work-hour × $85 per hour = $85 ............
0
28
1,275
113
$19,125.
$1,695, per replacement cycle.
The FAA estimates the following
costs to do any necessary on-condition
actions that would be required based on
Parts cost
Cost on U.S.
operators
Action
the results of any required or optional
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
Action
Labor cost
HPV replacement ........................................
Wing bellow replacement ............................
HPV seal integrity test ................................
4 work-hours × $85 per hour = $340 ............................................
6 work-hours × $85 per hour = $510 ............................................
1 work hour × $85 per hour = $85 ................................................
The FAA has no definitive data on
which to base the cost estimate for the
maintenance actions or additional
actions specified in this AD.
The FAA estimates that it would take
about 1 work-hour per product to
comply with the on-condition reporting
requirement in this AD. The average
labor rate is $85 per hour. Based on
these figures, the FAA estimates the cost
of reporting discrepancies on U.S.
operators to be $85 per product, per
incident.
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Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to a penalty for failure to comply with
a collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public
reporting for this collection of
information is estimated to take
approximately 1 hour per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
All responses to this collection of
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Parts cost
information are mandatory. Send
comments regarding this burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden, to:
Information Collection Clearance
Officer, Federal Aviation
Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
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.
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$96,885
9,950
0
Cost per
product
$97,225
10,460
85
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
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§ 39.13
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Rules and Regulations
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2022–19–05 Airbus SAS: Amendment 39–
22174; Docket No. FAA–2022–1069;
Project Identifier MCAI–2022–01175–T.
(a) Effective Date
This airworthiness directive (AD) is
effective September 15, 2022.
(b) Affected ADs
This AD replaces Emergency AD 2022–18–
51, Project Identifier MCAI–2022–01125–T,
dated August 18, 2022.
(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 Codes 75, Air.
(e) Unsafe Condition
This AD was prompted by reports of
leaking bleed system high pressure valves
(HPVs), likely due to HPV clip failure and
sealing ring damage, and by the development
of additional instructions and maintenance
procedures to address HPV failures. The FAA
is issuing this AD to address a leaking HPV,
which may expose the pressure regulating
valve (PRV), which is installed downstream
from the HPV, to high pressure, possibly
damaging the PRV itself and preventing its
closure. The unsafe condition, if not
addressed, could result in high pressure and
temperatures in the duct downstream from
the PRV, with possible duct burst, damage to
several systems, and consequent loss of
control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
khammond on DSKJM1Z7X2PROD with RULES
(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 2022–0181, dated
August 29, 2022 (EASA AD 2022–0181).
(h) Exceptions to EASA AD 2022–0181
(1) Where EASA AD 2022–0181 refers to
‘‘18 August 2022 [the effective date of EASA
AD 2022–0170–E],’’ this AD requires using
‘‘August 19, 2022.’’
(2) Where EASA AD 2022–0181 refers to its
effective date, this AD requires using the
effective date of this AD.
(3) Where paragraphs (1), (2), (4), and (7)
of EASA AD 2022–0181 specify to inform all
flightcrews of airplane flight manual (AFM)
revisions and dispatch limitations, and
thereafter to operate the airplane accordingly,
this AD does not require those actions, as
those actions are already required by existing
FAA regulations.
(4) Where paragraph (2) of EASA AD 2022–
0181 prohibits the dispatch of an airplane
under specified provisions of the A330
VerDate Sep<11>2014
16:04 Sep 07, 2022
Jkt 256001
master minimum equipment list (MMEL)
items, this AD alternatively allows revising
the operator’s existing FAA-approved
minimum equipment list (MEL) by removing
the items specified in paragraph (2) of EASA
AD 2022–0181, if accomplished before
further flight as of August 19, 2022, as
specified in FAA Emergency AD 2022–18–
51.
(5) The ‘‘Remarks’’ section of EASA AD
2022–0181 does not apply to this AD.
(i) Special Flight Permit
Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199
to operate the airplane to a location where
the actions required by this AD may be
accomplished, provided the requirements of
paragraphs (1) and (2) of EASA AD 2022–
0181 are first accomplished.
(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: 9-AVS-AIR-730-AMOC@faa.gov.
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 (j)(2) of this AD, if
any service information referenced in EASA
AD 2022–0181 that 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 Vladimir Ulyanov, Aerospace
Engineer, Large Aircraft Section, FAA,
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone
206–231–3229; email Vladimir.Ulyanov@
faa.gov.
(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 2022–0181, dated August 29,
2022.
(ii) [Reserved]
(3) For EASA AD 2022–0181, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; 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. This material may be found
in the AD docket at regulations.gov under
Docket No. FAA–2022–1069.
(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
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on September 1, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–19459 Filed 9–6–22; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–0804; Project
Identifier MCAI–2022–00081–R; Amendment
39–22158; AD 2022–18–07]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus Helicopters Model AS332C,
AS332C1, AS332L, and AS332L1
helicopters. This AD was prompted by
review of maintenance instructions that
showed conflicting methods of
SUMMARY:
E:\FR\FM\08SER1.SGM
08SER1
Agencies
[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Rules and Regulations]
[Pages 54870-54874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19459]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1069; Project Identifier MCAI-2022-01175-T;
Amendment 39-22174; AD 2022-19-05]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Emergency Airworthiness Directive (AD)
2022-18-51, which applied to all Airbus SAS Model A330-841 and -941
airplanes. Emergency AD 2022-18-51 required revising the existing
airplane flight manual (AFM) to incorporate additional limitations
prohibiting takeoff for certain airplane configurations; specified
airplane dispatch restrictions using certain provisions of the A330
master minimum equipment list (MMEL) or amending the existing FAA-
approved operator's minimum equipment list (MEL); and required
obtaining and accomplishing instructions following certain maintenance
messages. Since the FAA issued Emergency AD 2022-18-51, additional
instructions and maintenance procedures have been developed to address
failures of the high pressure valve (HPV). This AD continues to require
the actions specified in Emergency AD 2022-18-51, and also requires
maintenance actions, including an HPV seal integrity test, repetitive
replacement of the HPV clips, revision of the existing AFM, and
implementation of updates to the FAA-approved operator's 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 September 15, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
15, 2022.
The FAA must receive comments on this AD by October 24, 2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
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.
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 regulations.gov under
Docket No. FAA-2022-1069; 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 AD, the mandatory continuing airworthiness
information (MCAI), any comments received, and
[[Page 54871]]
other information. The street address for Docket Operations is listed
above.
Material Incorporated by Reference:
For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu. It is
also available at regulations.gov under Docket No. FAA-2022-1069.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 206-231-3229; email
[email protected].
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-2022-1069; Project Identifier MCAI-
2022-01175-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. 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
regulations.gov, 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 Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone 206-231-3229; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
On August 18, 2022, the FAA issued Emergency AD 2022-18-51 for all
Airbus SAS Model A330-841 and -941 airplanes. Emergency AD 2022-18-51
was prompted by MCAI originated by EASA, which is the Technical Agent
for the Member States of the European Union. EASA issued EASA Emergency
AD 2022-0170-E, dated August 17, 2022 (EASA Emergency AD 2022-0170-E),
to correct an unsafe condition identified as leaking bleed system HPVs,
likely due to HPV clip failure and sealing ring damage.
Emergency AD 2022-18-51 required revising the existing AFM to
incorporate additional limitations prohibiting takeoff for certain
airplane configurations; specified airplane dispatch restrictions using
certain provisions of the A330 MMEL or amending the existing FAA-
approved operator's MEL; and required obtaining and accomplishing
instructions following certain maintenance messages. The FAA issued
Emergency AD 2022-18-51 to address a leaking HPV, which may expose the
pressure regulating valve (PRV), which is installed downstream from the
HPV, to high pressure, possibly damaging the PRV itself and preventing
its closure. The unsafe condition, if not addressed, could result in
high pressure and temperatures in the duct downstream from the PRV,
with possible duct burst, damage to several systems, and consequent
loss of control of the airplane.
Actions Since Emergency AD 2022-18-51 Was Issued
Since the FAA issued Emergency AD 2022-18-51, EASA superseded its
Emergency AD 2022-0170-E and issued EASA AD 2022-0181, dated August 29,
2022 (EASA AD 2022-0181) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS A330-841 and -941 airplanes. The
MCAI states that Airbus has since published service information
providing maintenance actions including repetitive replacement of the
HPV clips and AFM and MMEL updates that provide additional instructions
and maintenance procedures to address failures of the HPV.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1069.
Explanation of Retained Requirements
Although this AD does not explicitly restate the requirements of
Emergency AD 2022-18-51, this AD retains all of the requirements of
Emergency AD 2022-18-51. Those requirements are referenced in EASA AD
2022-0181, which, in turn, is referenced in paragraph (g) of this AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0181 retains the following actions from EASA Emergency
AD 2022-0170-E: revision of the existing AFM to incorporate limitations
prohibiting takeoff for certain airplane configurations; airplane
dispatch restrictions using certain provisions of the A330 MMEL or
amendment of the existing FAA-approved operator's MEL; and actions
following certain maintenance messages.
EASA AD 2022-0181 also specifies the following required actions:
Revision of the Limitations section of the existing AFM to
provide procedures to mitigate the risk of a non-isolated overpressure
or overtemperature in the case of an excessive leak of the engine bleed
HPV.
Implementation of the instructions of the MMEL update on
the basis of which the operator's MEL must be amended with new
provisions and procedures for the following items: Air Conditioning
Pack, Engine Bleed Air Supply System, Engine Bleed IP (Intermediate
Pressure) Check Valve, and Engine Bleed HP Valve.
A seal integrity test of each HPV, and corrective actions
(including replacing the HPV, and a detailed inspection of the wing
bellow on engine 1(2) and replacement of any damaged or deformed wing
bellow).
EASA AD 2022-0181 also describes the following maintenance
instructions to be accomplished following certain faults or failures:
HPV troubleshooting procedure and additional maintenance
actions after any Class 1 maintenance message associated to an HPV
fault, and corrective actions (including replacing HPV or wing bellow).
HPV seal integrity test and the additional maintenance
actions after any Class 1 or Class 2 maintenance message associated to
a PRV fault, and corrective actions (including replacing
[[Page 54872]]
the HPV and PRV, and a detailed inspection of the wing bellow on engine
1(2) and replacement of any damaged or deformed wing bellow).
A visual (borescope) inspection of the engine bleed air
system (EBAS) to detect signs of foreign object debris (FOD), including
metallic debris in the butterfly valve and dents or damage of the flaps
of the intermediate pressure check valve (IPCV), and dents and missing
segments in the PRV, the header of the high pressure/intermediate
pressure (HP/IP) duct, the y-duct, and the pylon ducts after any
failure of an HPV clip and/or any of the HPV butterfly sealing rings,
and corrective actions (including removing FOD and replacing the IPCV
or PRV).
A seal integrity test of each HPV after any take-off or
go-around accomplished with ``packs OFF'' or ``APU bleed ON'' or
``engine bleed OFF,'' and corrective actions (including replacing the
HPV, and a detailed inspection of the wing bellow on engine 1(2) and
replacement of any damaged or deformed wing bellow).
Contacting Airbus for instructions after any HPV
troubleshooting procedure if any Class 1 maintenance message occurs
associated with an HPV fault.
Initial and repetitive replacement of each HPV clip with a
new HPV clip.
Reporting to Airbus of any failure detected during the
accomplishment of any maintenance action, seal integrity test, or
visual inspection specified in EASA AD 2022-0181.
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
described 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
2022-0181 described previously, except for any differences identified
as exceptions in the regulatory text of this AD, and except as
discussed under ``Differences Between this AD and the MCAI.''
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 2022-0181 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2022-0181 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 2022-0181 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-
0181. Service information required by EASA AD 2022-0181 for compliance
will be available at regulations.gov under Docket No. FAA-2022-1069
after this AD is published.
Differences Between This AD and the MCAI
EASA AD 2022-0181 requires operators to inform all flightcrews of
revisions to the existing AFM and MEL, and thereafter to operate the
airplane accordingly. However, this AD does not specifically require
those actions, as those actions are already required by FAA
regulations. FAA regulations require operators to furnish to pilots any
changes to the AFM (for example, 14 CFR 121.137), and to ensure the
pilots are familiar with the AFM (for example, 14 CFR 91.505). As with
any other flightcrew training requirement, training on the updated AFM
content is tracked by the operators and recorded in each pilot's
training record, which is available for the FAA to review. FAA
regulations also require pilots to follow the procedures in the AFM
including all updates. 14 CFR 91.9 requires that any person operating a
civil aircraft must comply with the operating limitations specified in
the AFM. Furthermore, FAA regulations (14 CFR 121.628(a)(2)) require
operators to provide pilots with access to all of the information
contained in the operator's MEL. Furthermore, 14 CFR 121.628(a)(5)
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
AFM and MEL would be redundant and unnecessary.
Paragraph (2) of EASA AD 2022-0181 prohibits the dispatch of an
airplane under specified provisions of the A330 MMEL items. This AD
alternatively allows revising the operator's existing FAA-approved MEL
by removing the items specified in paragraph (2) of EASA AD 2022-0181.
Interim Action
The FAA considers that this AD is an interim action. The FAA
anticipates that further AD action will follow.
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 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 a leaking HPV may expose the PRV to high pressure, possibly
damaging the PRV itself and preventing its closure, which could lead to
high pressure and temperatures in the duct downstream from the PRV,
with possible duct burst, damage to several systems, and consequent
loss of control of the airplane. The FAA considers a leaking HPV to be
an urgent safety issue. The actions retained from the emergency AD must
be performed before further flight; however, these actions on their own
do not fully mitigate the unsafe condition. The new actions required by
this AD will further mitigate the unsafe condition, and certain actions
are required for compliance before further flight. 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)
[[Page 54873]]
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 15 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Retained actions from Emergency 2 work-hours x $85 $0 $170 $2,550.
AD 2022-18-51. per hour = $170.
New one-time actions........... 15 work-hours x 0 1,275 $19,125.
$85 per hour =
$1,275.
HPV clip replacement........... 1 work-hour x $85 28 113 $1,695, per replacement
per hour = $85. cycle.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required or optional 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
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
HPV replacement............................... 4 work-hours x $85 per hour = $96,885 $97,225
$340.
Wing bellow replacement....................... 6 work-hours x $85 per hour = 9,950 10,460
$510.
HPV seal integrity test....................... 1 work hour x $85 per hour = $85 0 85
----------------------------------------------------------------------------------------------------------------
The FAA has no definitive data on which to base the cost estimate
for the maintenance actions or additional actions specified in this AD.
The FAA estimates that it would take about 1 work-hour per product
to comply with the on-condition reporting requirement in this AD. The
average labor rate is $85 per hour. Based on these figures, the FAA
estimates the cost of reporting discrepancies on U.S. operators to be
$85 per product, per incident.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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.
[[Page 54874]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2022-19-05 Airbus SAS: Amendment 39-22174; Docket No. FAA-2022-1069;
Project Identifier MCAI-2022-01175-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 15,
2022.
(b) Affected ADs
This AD replaces Emergency AD 2022-18-51, Project Identifier
MCAI-2022-01125-T, dated August 18, 2022.
(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 Codes 75, Air.
(e) Unsafe Condition
This AD was prompted by reports of leaking bleed system high
pressure valves (HPVs), likely due to HPV clip failure and sealing
ring damage, and by the development of additional instructions and
maintenance procedures to address HPV failures. The FAA is issuing
this AD to address a leaking HPV, which may expose the pressure
regulating valve (PRV), which is installed downstream from the HPV,
to high pressure, possibly damaging the PRV itself and preventing
its closure. The unsafe condition, if not addressed, could result in
high pressure and temperatures in the duct downstream from the PRV,
with possible duct burst, damage to several systems, and consequent
loss of 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
2022-0181, dated August 29, 2022 (EASA AD 2022-0181).
(h) Exceptions to EASA AD 2022-0181
(1) Where EASA AD 2022-0181 refers to ``18 August 2022 [the
effective date of EASA AD 2022-0170-E],'' this AD requires using
``August 19, 2022.''
(2) Where EASA AD 2022-0181 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraphs (1), (2), (4), and (7) of EASA AD 2022-0181
specify to inform all flightcrews of airplane flight manual (AFM)
revisions and dispatch limitations, and thereafter to operate the
airplane accordingly, this AD does not require those actions, as
those actions are already required by existing FAA regulations.
(4) Where paragraph (2) of EASA AD 2022-0181 prohibits the
dispatch of an airplane under specified provisions of the A330
master minimum equipment list (MMEL) items, this AD alternatively
allows revising the operator's existing FAA-approved minimum
equipment list (MEL) by removing the items specified in paragraph
(2) of EASA AD 2022-0181, if accomplished before further flight as
of August 19, 2022, as specified in FAA Emergency AD 2022-18-51.
(5) The ``Remarks'' section of EASA AD 2022-0181 does not apply
to this AD.
(i) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a location where the
actions required by this AD may be accomplished, provided the
requirements of paragraphs (1) and (2) of EASA AD 2022-0181 are
first accomplished.
(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: [email protected]. 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 (j)(2) of this AD, if any service information referenced
in EASA AD 2022-0181 that 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 Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3229; email [email protected].
(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 2022-0181,
dated August 29, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0181, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; 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. This material may be found in the AD
docket at regulations.gov under Docket No. FAA-2022-1069.
(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
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on September 1, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-19459 Filed 9-6-22; 11:15 am]
BILLING CODE 4910-13-P