Airworthiness Directives; Airbus SAS Airplanes, 59342-59345 [2022-21022]
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59342
Proposed Rules
Federal Register
Vol. 87, No. 189
Friday, September 30, 2022
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1242; Project
Identifier MCAI–2022–00433–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus SAS Model A330–200, A330–
200 Freighter, A330–300, A330–800,
A330–900, A340–200, A340–300, A340–
500, and A340–600 series airplanes.
This proposed AD was prompted by a
report that an A319 airplane lost the
right-hand front windshield in flight.
Due to the design similarity, this
condition can also exist or develop on
Model A330 and A340 airplanes. This
proposed AD would require repetitive
detailed inspections (DET) and
electrical test measurements (ETM) of
the affected parts and applicable
corrective action, and would prohibit
the installation of affected parts under
certain conditions, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is proposed for
incorporation by reference. 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 14,
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–
jspears on DSK121TN23PROD with PROPOSALS
SUMMARY:
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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.
For material that will be 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;
internet easa.europa.eu. You may find
this material on the EASA website at
ad.easa.europa.eu. You may view this
material at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195. It is also available in
the AD docket at regulations.gov by
searching for and locating Docket No.
FAA–2022–1242.
Examining the AD Docket
You may examine the AD docket at
regulations.gov by searching for and
locating Docket No. FAA–2022–1242; 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.
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 relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2022–1242; Project Identifier
MCAI–2022–00433–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
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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
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Vladimir Ulyanov,
Aerospace Engineer, 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
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2022–0057,
dated March 28, 2022 (EASA AD 2022–
0057) (also referred to as the MCAI), to
correct an unsafe condition for all
Airbus SAS Model A330–201, A330–
202, A330–203, A330–223, A330–223F,
A330–243, A330–243F, A330–301,
A330–302, A330–303, A330–321, A330–
322, A330–323, A330–341, A330–342,
A330–343, A330–743L, A330–841,
A330–941, A340–211, A340–212, A340–
213, A340–311, A340–312, A340–313,
A340–541, A340–542, A340–642, and
A340–643 airplanes. Model A330–743L,
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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 AD therefore does not
include those airplanes in the
applicability.
This proposed AD was prompted by
a report that a Model A319 airplane lost
the right-hand front windshield in
flight, with consequent rapid cockpit
depressurization, causing damage to
cockpit items/systems and significant
increase of flightcrew workload. The
investigations identified several
contributing factors, including
manufacturing variability, fretting
between windshield components, water
ingress, and electrical braids corrosion,
which led to a thermal shock/overheat,
damaging more than one windshield
structural ply and impairing the
structural integrity of the windshield.
Due to the design similarity, this
condition can also exist or develop on
Model A330 and A340 airplanes. The
FAA is proposing this AD to address
possible windshield failure. This
condition, if not addressed, could
possibly result in injury to the
flightcrew and in-flight depressurization
of the airplane, and would significantly
increase pilot workload. See the MCAI
for additional background information.
Related Service Information Under 1
CFR Part 51
EASA AD 2022–0057 specifies
procedures for repetitive DET and ETM
of the affected parts and applicable
corrective actions. Corrective actions
include replacement. EASA AD 2022–
0057 also limits the installation of
affected parts under certain conditions.
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
These products have been approved
by the aviation authority of another
country and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2022–0057, described
previously, except as described under
‘‘Differences Between this Proposed AD
and the MCAI.’’
Difference Between This Proposed AD
and the MCAI
Although EASA AD 2022–0057
requires reporting inspection findings,
this proposed AD would not require any
reports. Collecting additional
information will not add to
determination of the unsafe condition or
corrective actions.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate EASA AD 2022–0057 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2022–0057
in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
EASA AD 2022–0057 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 2022–0057.
Service information required by EASA
AD 2022–0057 for compliance will be
available at regulations.gov by searching
for and locating Docket No. FAA–2022–
1242 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed
AD would affect 131 airplanes of U.S.
registry. The FAA estimates the
following costs to comply with this
proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
5 work-hours × $85 per hour = $425 ..........................................................................................
$0
$425
$55,675
The FAA estimates the following
costs to do any necessary on-condition
action that would be required based on
the results of any required actions. The
FAA has no way of determining the
number of aircraft that might need this
on-condition action:
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ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per
product
20 work-hours × $85 per hour = $1,700 .................................................................................................................
$11,393
$13,093
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
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reducing the cost impact on affected
operators.
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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,
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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.
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
1. The authority citation for part 39
continues to read as follows:
jspears on DSK121TN23PROD with PROPOSALS
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Airbus SAS: Docket No. FAA–2022–1242;
Project Identifier MCAI–2022–00433–T.
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(a) Comments Due Date
The FAA must receive comments on
this airworthiness directive (AD) by
November 14, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS
airplanes identified in paragraphs (c)(1)
through (9) of this AD, certificated in
any category.
(1) Model A330–201, –202, –203,
–223, –243 airplanes.
(2) Model A330–223F and –243F
airplanes.
(3) Model A330–301, –302, –303,
–321, –322, –323, –341, –342, and –343
airplanes.
(4) Model A330–841 airplanes.
(5) Model A330–941 airplanes.
(6) Model A340–211, –212, and –213
airplanes.
(7) Model A340–311, –312, and –313
airplanes.
(8) Model A340–541 airplanes.
(9) Model A340–642 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 56, Windows.
(e) Unsafe Condition
This AD was prompted by a report
that a Model A319 airplane lost the
right-hand front windshield in flight.
Due to the design similarity, this
condition can also exist or develop on
Model A330 and A340 series airplanes.
The FAA is issuing this AD to address
possible windshield failure. This
condition, if not addressed, could
possibly result in injury to the
flightcrew and in-flight depressurization
of the airplane, and would significantly
increase pilot workload.
(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 2022–0057, dated March 28,
2022 (EASA AD 2022–0057).
(h) Exceptions to EASA AD 2022–0057
(1) Where EASA AD 2022–0057 refers
to its effective date, this AD requires
using the effective date of this AD.
(2) Where paragraph (6) of EASA AD
2022–0057 refers to a ‘‘defect, as
identified in the SB,’’ for purposes of
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Fmt 4702
Sfmt 4702
this AD, defects include manufacturing
variability, fretting between windshield
components, water ingress, and
electrical braids corrosion.
(3) The ‘‘Remarks’’ section of EASA
AD 2022–0057 does not apply to this
AD.
(i) No Reporting Requirement
Although paragraphs (11) and (12) of
EASA AD 2022–0057 and the service
information referenced therein specify
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,
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 (k)(2) of this AD. Information
may be emailed to: 9-AVS-AIR-730AMOC@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(s) (j)(2)
of this AD, if any service information
contains procedures or tests that are
identified as RC, those procedures and
tests must be done to comply with this
AD; any procedures or tests that are not
identified as RC are recommended.
Those procedures and tests that are not
identified as RC may be deviated from
using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC
can be done and the airplane can be put
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Proposed Rules
back in an airworthy condition. Any
substitutions or changes to procedures
or tests identified as RC require
approval of an AMOC.
(k) Related Information
(1) For EASA AD 2022–0057, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
internet easa.europa.eu. You may find
this EASA AD on the EASA website at
ad.easa.europa.eu. 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 by searching for and
locating Docket No. FAA–2022–1242.
(2) 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 vladimir.ulyanov@faa.gov.
(3) For service information identified
in this AD, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
email ADs@easa.europa.eu; internet
easa.europa.eu. You may find this
material on the EASA website
atad.easa.europa.eu. 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.
Issued on September 23, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–21022 Filed 9–29–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
jspears on DSK121TN23PROD with PROPOSALS
[Docket No. FAA–2022–1243; Project
Identifier MCAI–2022–00674–T]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
(Type Certificate Previously Held by
Yabora˜ Indu´stria Aerona´utica S.A.;
Embraer S.A.) Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
VerDate Sep<11>2014
16:46 Sep 29, 2022
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Notice of proposed rulemaking
(NPRM).
ACTION:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 170
airplanes. This proposed AD was
prompted by a report of uncommanded
setting of the barometric reference in
both primary flight displays (PFDs) due
to the architecture of data
communication of the Control I/O
modules, which interconnect the
display controllers to the air data
system. This proposed AD would
require installing updated Primus EPIC
software, as specified in an Ageˆncia
Nacional de Aviac
¸a˜o Civil (ANAC) AD,
which is proposed for incorporation by
reference. The FAA is proposing this
AD to address the unsafe condition on
these products.
SUMMARY:
The FAA must receive comments
on this proposed AD November 14,
2022.
DATES:
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.
For material that will be incorporated
by reference (IBR) in this AD, contact
National Civil Aviation Agency (ANAC),
Aeronautical Products Certification
Branch (GGCP), Rua Dr. Orlando
Feirabend Filho, 230—Centro
Empresarial Aquarius—Torre B—
Andares 14 a 18, Parque Residencial
Aquarius, CEP 12.246–190—Sa˜o Jose´
dos Campos—SP, Brazil; telephone 55
(12) 3203–6600; email pac@anac.gov.br;
website anac.gov.br/en/. You may find
this material on the ANAC website at
sistemas.anac.gov.br/certificacao/DA/
DAE.asp. You may view this material at
the FAA, Airworthiness Products
Section, Operational Safety Branch,
2200 South 216th St., Des Moines, WA.
For information on the availability of
this material at the FAA, call 206–231–
3195. It is also available in the AD
docket at regulations.gov by searching
for and locating Docket No. FAA–2022–
1243.
ADDRESSES:
PO 00000
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59345
Examining the AD Docket
You may examine the AD docket at
regulations.gov by searching for and
locating Docket No. FAA–2022–1243; 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.
FOR FURTHER INFORMATION CONTACT:
Hassan Ibrahim, Aerospace Engineer,
Large Aircraft Section, FAA,
International Validation Branch, 2200
South 216th St., Des Moines, WA 98198;
telephone 206–231–3653; email
hassan.m.ibrahim@faa.gov.
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–2022–1243; Project Identifier
MCAI–2022–00674–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
regulations.gov, 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
E:\FR\FM\30SEP1.SGM
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Agencies
[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Proposed Rules]
[Pages 59342-59345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21022]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87 , No. 189 / Friday, September 30, 2022 /
Proposed Rules
[[Page 59342]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1242; Project Identifier MCAI-2022-00433-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A330-
800, A330-900, A340-200, A340-300, A340-500, and A340-600 series
airplanes. This proposed AD was prompted by a report that an A319
airplane lost the right-hand front windshield in flight. Due to the
design similarity, this condition can also exist or develop on Model
A330 and A340 airplanes. This proposed AD would require repetitive
detailed inspections (DET) and electrical test measurements (ETM) of
the affected parts and applicable corrective action, and would prohibit
the installation of affected parts under certain conditions, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference. 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
14, 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.
For material that will be incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
easa.europa.eu. You may find this material on the EASA website at
ad.easa.europa.eu. You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available in the AD docket at
regulations.gov by searching for and locating Docket No. FAA-2022-1242.
Examining the AD Docket
You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2022-1242; 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.
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 relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1242; Project Identifier
MCAI-2022-00433-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
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Vladimir Ulyanov, Aerospace Engineer, 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
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0057, dated March 28, 2022
(EASA AD 2022-0057) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A330-201, A330-202, A330-203,
A330-223, A330-223F, A330-243, A330-243F, A330-301, A330-302, A330-303,
A330-321, A330-322, A330-323, A330-341, A330-342, A330-343, A330-743L,
A330-841, A330-941, A340-211, A340-212, A340-213, A340-311, A340-312,
A340-313, A340-541, A340-542, A340-642, and A340-643 airplanes. Model
A330-743L,
[[Page 59343]]
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 AD
therefore does not include those airplanes in the applicability.
This proposed AD was prompted by a report that a Model A319
airplane lost the right-hand front windshield in flight, with
consequent rapid cockpit depressurization, causing damage to cockpit
items/systems and significant increase of flightcrew workload. The
investigations identified several contributing factors, including
manufacturing variability, fretting between windshield components,
water ingress, and electrical braids corrosion, which led to a thermal
shock/overheat, damaging more than one windshield structural ply and
impairing the structural integrity of the windshield. Due to the design
similarity, this condition can also exist or develop on Model A330 and
A340 airplanes. The FAA is proposing this AD to address possible
windshield failure. This condition, if not addressed, could possibly
result in injury to the flightcrew and in-flight depressurization of
the airplane, and would significantly increase pilot workload. See the
MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0057 specifies procedures for repetitive DET and ETM
of the affected parts and applicable corrective actions. Corrective
actions include replacement. EASA AD 2022-0057 also limits the
installation of affected parts under certain conditions.
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
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0057, described previously, except as described under
``Differences Between this Proposed AD and the MCAI.''
Difference Between This Proposed AD and the MCAI
Although EASA AD 2022-0057 requires reporting inspection findings,
this proposed AD would not require any reports. Collecting additional
information will not add to determination of the unsafe condition or
corrective actions.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2022-0057 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0057 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2022-0057 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-
0057. Service information required by EASA AD 2022-0057 for compliance
will be available at regulations.gov by searching for and locating
Docket No. FAA-2022-1242 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD would affect 131 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
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425........................... $0 $425 $55,675
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
20 work-hours x $85 per hour = $1,700. $11,393 $13,093
------------------------------------------------------------------------
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,
[[Page 59344]]
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.
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-2022-1242; Project Identifier MCAI-2022-
00433-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive (AD)
by November 14, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (9) of this AD, certificated in any category.
(1) Model A330-201, -202, -203, -223, -243 airplanes.
(2) Model A330-223F and -243F airplanes.
(3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, and -
343 airplanes.
(4) Model A330-841 airplanes.
(5) Model A330-941 airplanes.
(6) Model A340-211, -212, and -213 airplanes.
(7) Model A340-311, -312, and -313 airplanes.
(8) Model A340-541 airplanes.
(9) Model A340-642 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 56, Windows.
(e) Unsafe Condition
This AD was prompted by a report that a Model A319 airplane lost
the right-hand front windshield in flight. Due to the design
similarity, this condition can also exist or develop on Model A330 and
A340 series airplanes. The FAA is issuing this AD to address possible
windshield failure. This condition, if not addressed, could possibly
result in injury to the flightcrew and in-flight depressurization of
the airplane, and would significantly increase pilot workload.
(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 2022-
0057, dated March 28, 2022 (EASA AD 2022-0057).
(h) Exceptions to EASA AD 2022-0057
(1) Where EASA AD 2022-0057 refers to its effective date, this AD
requires using the effective date of this AD.
(2) Where paragraph (6) of EASA AD 2022-0057 refers to a ``defect,
as identified in the SB,'' for purposes of this AD, defects include
manufacturing variability, fretting between windshield components,
water ingress, and electrical braids corrosion.
(3) The ``Remarks'' section of EASA AD 2022-0057 does not apply to
this AD.
(i) No Reporting Requirement
Although paragraphs (11) and (12) of EASA AD 2022-0057 and the
service information referenced therein specify 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, 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 (k)(2) 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, 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(s) (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests that
are not identified as RC are recommended. Those procedures and tests
that are not identified as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the procedures
and tests identified as RC can be done and the airplane can be put
[[Page 59345]]
back in an airworthy condition. Any substitutions or changes to
procedures or tests identified as RC require approval of an AMOC.
(k) Related Information
(1) For EASA AD 2022-0057, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find this EASA AD
on the EASA website at ad.easa.europa.eu. 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 by searching
for and locating Docket No. FAA-2022-1242.
(2) 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].
(3) For service information identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email [email protected]; internet easa.europa.eu. You may find
this material on the EASA website atad.easa.europa.eu. 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.
Issued on September 23, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-21022 Filed 9-29-22; 8:45 am]
BILLING CODE 4910-13-P