Airworthiness Directives; Airbus SAS Airplanes, 74519-74522 [2022-26409]
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74519
Proposed Rules
Federal Register
Vol. 87, No. 233
Tuesday, December 6, 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–2022–1491; Project
Identifier MCAI–2022–00924–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 A318 series
airplanes; Model A319 series airplanes;
Model A320–211, –212, –214, –216,
–231, –232, –233, –251N, –252N,
–253N, –271N, –272N, and –273N
airplanes; and Model A321 series
airplanes. This proposed AD was
prompted by a report that certain
overheat detection system (OHDS)
sensing elements installed at certain
positions might not properly detect
thermal bleed leak events due to a
quality escape during the manufacturing
process. This proposed AD would
require a one-time detailed inspection of
each affected part installed at an
affected position and, depending on the
findings, replacement; and would
prohibit the installation of affected parts
at affected positions, 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 January 20,
2023.
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.
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SUMMARY:
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• 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–2022–1491; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For EASA material that will be
incorporated by reference (IBR) in this
AD, contact EASA, Konrad-AdenauerUfer 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
easa.europa.eu. It is also available in the
AD docket at regulations.gov by
searching for and locating Docket No.
FAA–2022–1491.
• For Kidde Aerospace & Defense
service information identified in this
proposed AD, contact Kidde Aerospace
& Defense, 4200 Airport Drive NW,
Wilson, NC 27896; phone: 252–246–
7134; fax: 252–246–7181; email:
avionicssupport@collins.com; website
kiddeaerospace.com.
• You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
FOR FURTHER INFORMATION CONTACT:
Hyeyoon Jang, Aerospace Engineer,
Large Aircraft Section, FAA,
International Validation Branch, 2200
South 216th Street, Des Moines, WA
98198; telephone 817–222–5584; email
hye.yoon.jang@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
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
under ADDRESSES. Include ‘‘Docket No.
FAA–2022–1491; Project Identifier
MCAI–2022–00924–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 Hyeyoon Jang,
Aerospace Engineer, Large Aircraft
Section, FAA, International Validation
Branch, 2200 South 216th Street, Des
Moines, WA 98198; telephone 817–222–
5584; email hye.yoon.jang@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 2022–0147,
dated July 14, 2022; corrected August
17, 2022 (EASA AD 2022–0147) (also
referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS
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Model A318 series airplanes; Model
A319 series airplanes; Model A320–211,
–212, –214, –215, –216, –231, –232,
–233, –251N, –252N, –253N, –271N,
–272N, and –273N airplanes; and Model
A321 series airplanes. Model A320–215
airplanes are not certificated by the FAA
and are not included on the U.S. type
certificate data sheet; this proposed AD
therefore does not include those
airplanes in the applicability.
The MCAI states that the affected part
manufacturer, Kidde Aerospace &
Defense, reported that certain OHDS
sensing elements, produced before
January 31, 2021, may not properly
detect thermal bleed leak events due to
a quality escape during the
manufacturing process. The MCAI states
that the unsafe condition, if not
addressed, could result in an air leak
remaining undetected by the OHDS at
an affected position (i.e., a position
identified as functional item number
(FIN) 34HF, FIN 35HF, FIN 61HF or FIN
62HF) and not being isolated during
flight, possibly resulting in localized
areas of the main landing gear bay and
keel beam being exposed to high
temperatures, and consequent reduced
structural integrity of the airplane.
The FAA is proposing this AD to
address the unsafe condition on these
products. You may examine the MCAI
in the AD docket at regulations.gov
under Docket No. FAA–2022–1491.
Related Service Information Under 1
CFR Part 51
EASA AD 2022–0147 specifies
procedures for a one-time special
detailed inspection (SDI) of each OHDS
sensing element installed at an affected
position to detect discrepancies (an
incorrect electronic centralized aircraft
monitor (ECAM) alert (one not related to
AIR L WING LEAK) being displayed
following the inspection of any OHDS
sensing element) and, depending on
findings, replacement of any affected
part with a serviceable part. EASA AD
2022–0147 also prohibits the
installation of affected parts at affected
positions.
Kidde Aerospace & Defense Service
Bulletin CFD–26–3, dated January 13,
2022; and Revision 1, dated March 29,
2022, specify the part numbers and
corresponding date codes of the affected
OHDS sensing elements.
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 and service information
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 these same type designs.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2022–0147 described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate EASA AD 2022–0147 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2022–0147
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 2022–0147 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 2022–0147.
Service information required by EASA
AD 2022–0147 for compliance will be
available at regulations.gov by searching
for and locating Docket No. FAA–2022–
1491 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed
AD would affect 1,836 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
6 work-hours × $85 per hour = $510 ..................................................................................................
$0
$510
$936,360
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
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Labor cost
Parts cost
1 work-hour × $85 per hour = $85 .............................................
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
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$1,645
Cost per product
$1,730 (per OHDS sensing element).
covered under warranty, thereby
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:
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■
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–2022–1491;
Project Identifier MCAI–2022–00924–T.
VerDate Sep<11>2014
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(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by January 20,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS
airplanes, certificated in any category, as
identified in paragraphs (c)(1) through (4) of
this AD.
(1) Model A318–111, –112, –121, and –122
airplanes.
(2) Model A319–111, –112, –113, –114,
–115, –131, –132, –133, –151N, –153N, and
–171N airplanes.
(3) Model A320–211, –212, –214, –216,
–231, –232, –233, –251N, –252N, –253N,
–271N, –272N, and –273N airplanes.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, –232, –251N, –252N,
–253N, –271N, –272N, –251NX, –252NX,
–253NX, –271NX, and –272NX airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by a report that
certain overheat detection system (OHDS)
sensing elements installed at certain
positions might not properly detect thermal
bleed leak events due to a quality escape
during the manufacturing process. The FAA
is issuing this AD to address OHDS sensing
elements that do not properly detect thermal
bleed leak events. The unsafe condition, if
not addressed, could result in an air leak
remaining undetected by the OHDS at an
affected position and not being isolated
during flight, possibly resulting in localized
areas of the main landing gear bay and keel
beam being exposed to high temperatures,
and consequent reduced structural integrity
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 2022–0147, dated
July 14, 2022; corrected August 17, 2022
(EASA AD 2022–0147).
(h) Exceptions to EASA AD 2022–0147
(1) Where EASA AD 2022–0147 defines
‘‘Affected part’’ and identifies part numbers
and corresponding date codes as those
‘‘listed in Section 1.A of the VSB,’’ for this
AD, those part numbers and corresponding
date codes are listed in Section 1.A. of Kidde
Aerospace & Defense Service Bulletin CFD–
26–3, dated January 13, 2022; or Revision 1,
dated March 29, 2022.
(2) Where EASA AD 2022–0147 refers to its
effective date, this AD requires using the
effective date of this AD.
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(3) Where paragraph (2) of EASA AD 2022–
0147 refers to ‘‘any discrepancy as defined in
the SB,’’ for this AD, a discrepancy is an
incorrect electronic centralized aircraft
monitor (ECAM) alert (one not related to AIR
L WING LEAK) being displayed following the
inspection of any OHDS sensing element.
(4) Where the service information
referenced in EASA AD 2022–0147 specifies
to send an affected part to the manufacturer,
this AD does not include that requirement.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2022–0147.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2022–0147 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the International Validation Branch, send
it to the attention of the person identified in
paragraph (k) of this AD. Information may be
emailed to: 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 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.
(k) Additional Information
For more information about this AD,
contact Hyeyoon Jang, Aerospace Engineer,
Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th Street,
Des Moines, WA 98198; telephone 817–222–
5584; email hye.yoon.jang@faa.gov.
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(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 2022–0147, dated July 14, 2022;
corrected August 17, 2022.
(ii) Kidde Aerospace & Defense Service
Bulletin CFD–26–3, dated January 13, 2022.
(iii) Kidde Aerospace & Defense Service
Bulletin CFD–26–3, Revision 1, dated March
29, 2022.
(3) For EASA AD 2022–0147, 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) For Kidde Aerospace & Defense service
information identified in this AD, contact
Kidde Aerospace & Defense, 4200 Airport
Drive NW, Wilson, NC 27896; phone: 252–
246–7134; fax: 252–246–7181; email:
avionicssupport@collins.com; website
kiddeaerospace.com.
(5) 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.
(6) You may view this service information
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 November 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–26409 Filed 12–5–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1492; Project
Identifier MCAI–2022–01184–T]
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RIN 2120–AA64
Airworthiness Directives; Airbus
Canada Limited Partnership (Type
Certificate Previously Held by C Series
Aircraft Limited Partnership (CSALP);
Bombardier, Inc.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
VerDate Sep<11>2014
17:01 Dec 05, 2022
Jkt 259001
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Airbus Canada Limited
Partnership Model BD–500–1A10
airplanes. This proposed AD was
prompted by reports the overwing
emergency exit door (OWEED) escape
line may be incorrectly routed. This
proposed AD would require inspecting
the OWEED escape line and correcting
the routing if required, as specified in a
Transport Canada AD, which is
proposed for incorporation by reference
(IBR). The FAA is proposing this AD to
address the unsafe condition on these
products.
DATES: The FAA must receive comments
on this proposed AD by January 20,
2023.
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–2022–1492; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For material that is proposed for
IBR in this NPRM, contact Transport
Canada National Aircraft Certification,
159 Cleopatra Drive, Nepean, Ontario
K1A 0N5, Canada; telephone (888) 663–
3639; email AD-CN@tc.gc.ca; website
tc.canada.ca/en/aviation.
• 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.
FOR FURTHER INFORMATION CONTACT:
Chirayu Gupta, Aerospace Engineer,
Mechanical Systems and Administrative
Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone
SUMMARY:
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(516) 228–7300; email 9-avs-nyaco-cos@
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–2022–1492; Project Identifier
MCAI–2022–01184–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 Chirayu Gupta,
Aerospace Engineer, Mechanical
Systems and Administrative Services
Section, FAA, New York ACO Branch,
1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone (516)
228–7300; email 9-avs-nyaco-cos@
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
Transport Canada, which is the
aviation authority for Canada, has
issued AD CF–2022–51, dated
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06DEP1
Agencies
[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Proposed Rules]
[Pages 74519-74522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26409]
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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.
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Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 /
Proposed Rules
[[Page 74519]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1491; Project Identifier MCAI-2022-00924-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A318 series airplanes; Model A319 series
airplanes; Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes; and Model A321 series
airplanes. This proposed AD was prompted by a report that certain
overheat detection system (OHDS) sensing elements installed at certain
positions might not properly detect thermal bleed leak events due to a
quality escape during the manufacturing process. This proposed AD would
require a one-time detailed inspection of each affected part installed
at an affected position and, depending on the findings, replacement;
and would prohibit the installation of affected parts at affected
positions, 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 January 20,
2023.
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-2022-1491; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For EASA 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]; website
easa.europa.eu. You may find this material on the EASA website
easa.europa.eu. It is also available in the AD docket at
regulations.gov by searching for and locating Docket No. FAA-2022-1491.
For Kidde Aerospace & Defense service information
identified in this proposed AD, contact Kidde Aerospace & Defense, 4200
Airport Drive NW, Wilson, NC 27896; phone: 252-246-7134; fax: 252-246-
7181; email: [email protected]; website kiddeaerospace.com.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Hyeyoon Jang, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th Street, Des Moines, WA 98198; telephone 817-222-5584; 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-2022-1491; Project Identifier
MCAI-2022-00924-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
Hyeyoon Jang, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th Street, Des Moines,
WA 98198; telephone 817-222-5584; 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 2022-0147, dated July 14, 2022;
corrected August 17, 2022 (EASA AD 2022-0147) (also referred to as the
MCAI), to correct an unsafe condition for all Airbus SAS
[[Page 74520]]
Model A318 series airplanes; Model A319 series airplanes; Model A320-
211, -212, -214, -215, -216, -231, -232, -233, -251N, -252N, -253N, -
271N, -272N, and -273N airplanes; and Model A321 series airplanes.
Model A320-215 airplanes are not certificated by the FAA and are not
included on the U.S. type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability.
The MCAI states that the affected part manufacturer, Kidde
Aerospace & Defense, reported that certain OHDS sensing elements,
produced before January 31, 2021, may not properly detect thermal bleed
leak events due to a quality escape during the manufacturing process.
The MCAI states that the unsafe condition, if not addressed, could
result in an air leak remaining undetected by the OHDS at an affected
position (i.e., a position identified as functional item number (FIN)
34HF, FIN 35HF, FIN 61HF or FIN 62HF) and not being isolated during
flight, possibly resulting in localized areas of the main landing gear
bay and keel beam being exposed to high temperatures, and consequent
reduced structural integrity of the airplane.
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2022-1491.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0147 specifies procedures for a one-time special
detailed inspection (SDI) of each OHDS sensing element installed at an
affected position to detect discrepancies (an incorrect electronic
centralized aircraft monitor (ECAM) alert (one not related to AIR L
WING LEAK) being displayed following the inspection of any OHDS sensing
element) and, depending on findings, replacement of any affected part
with a serviceable part. EASA AD 2022-0147 also prohibits the
installation of affected parts at affected positions.
Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated January
13, 2022; and Revision 1, dated March 29, 2022, specify the part
numbers and corresponding date codes of the affected OHDS sensing
elements.
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 and service information 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 these
same type designs.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0147 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2022-0147 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0147 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 2022-0147 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-
0147. Service information required by EASA AD 2022-0147 for compliance
will be available at regulations.gov by searching for and locating
Docket No. FAA-2022-1491 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD would affect 1,836
airplanes of U.S. registry. The FAA estimates the following costs to
comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
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6 work-hours x $85 per hour = $510................................. $0 $510 $936,360
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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
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Labor cost Parts cost Cost per product
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1 work-hour x $85 per hour = $85.. $1,645 $1,730 (per OHDS
sensing element).
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I,
[[Page 74521]]
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-2022-1491; Project Identifier MCAI-2022-
00924-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 20, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes, certificated in any
category, as identified in paragraphs (c)(1) through (4) of this AD.
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX,
and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by a report that certain overheat detection
system (OHDS) sensing elements installed at certain positions might
not properly detect thermal bleed leak events due to a quality
escape during the manufacturing process. The FAA is issuing this AD
to address OHDS sensing elements that do not properly detect thermal
bleed leak events. The unsafe condition, if not addressed, could
result in an air leak remaining undetected by the OHDS at an
affected position and not being isolated during flight, possibly
resulting in localized areas of the main landing gear bay and keel
beam being exposed to high temperatures, and consequent reduced
structural integrity 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
2022-0147, dated July 14, 2022; corrected August 17, 2022 (EASA AD
2022-0147).
(h) Exceptions to EASA AD 2022-0147
(1) Where EASA AD 2022-0147 defines ``Affected part'' and
identifies part numbers and corresponding date codes as those
``listed in Section 1.A of the VSB,'' for this AD, those part
numbers and corresponding date codes are listed in Section 1.A. of
Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated January
13, 2022; or Revision 1, dated March 29, 2022.
(2) Where EASA AD 2022-0147 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraph (2) of EASA AD 2022-0147 refers to ``any
discrepancy as defined in the SB,'' for this AD, a discrepancy is an
incorrect electronic centralized aircraft monitor (ECAM) alert (one
not related to AIR L WING LEAK) being displayed following the
inspection of any OHDS sensing element.
(4) Where the service information referenced in EASA AD 2022-
0147 specifies to send an affected part to the manufacturer, this AD
does not include that requirement.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0147.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2022-0147
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (k) of this AD. Information may be emailed to: [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 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.
(k) Additional Information
For more information about this AD, contact Hyeyoon Jang,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th Street, Des Moines, WA 98198;
telephone 817-222-5584; email [email protected].
[[Page 74522]]
(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 2022-0147,
dated July 14, 2022; corrected August 17, 2022.
(ii) Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated
January 13, 2022.
(iii) Kidde Aerospace & Defense Service Bulletin CFD-26-3,
Revision 1, dated March 29, 2022.
(3) For EASA AD 2022-0147, 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) For Kidde Aerospace & Defense service information identified
in this AD, contact Kidde Aerospace & Defense, 4200 Airport Drive
NW, Wilson, NC 27896; phone: 252-246-7134; fax: 252-246-7181; email:
[email protected]; website kiddeaerospace.com.
(5) 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.
(6) You may view this service information 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 November 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26409 Filed 12-5-22; 8:45 am]
BILLING CODE 4910-13-P