Airworthiness Directives; Airbus SAS Airplanes, 3678-3680 [2023-00955]

Download as PDF 3678 Proposed Rules Federal Register Vol. 88, No. 13 Friday, January 20, 2023 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–2023–0019; Project Identifier MCAI–2022–01155–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 A330–202, –203, –223, and –243 airplanes; Model A330– 200 Freighter series airplanes; Model A330–300 series airplanes; Model A340–200 series airplanes; and Model A340–300 series airplanes. This proposed AD was prompted by a report that damage was found to the firewall and fuselage skin in the auxiliary power unit (APU) compartment area on Model A330 airplanes. This proposed AD would require replacing affected tee ducts with serviceable parts, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). This proposed AD would also prohibit the installation of affected parts. The FAA is proposing this AD to address the unsafe condition on these products. SUMMARY: The FAA must receive comments on this proposed AD by March 6, 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 lotter on DSK11XQN23PROD with PROPOSALS1 DATES: VerDate Sep<11>2014 16:47 Jan 19, 2023 Jkt 259001 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–2023–0019; 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 is proposed for IBR in this NPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu. It is also available at regulations.gov under Docket No. FAA– 2023–0019. • 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: 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–2023–0019; Project Identifier MCAI–2022–01155–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 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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 2022–0175, dated August 23, 2022 (EASA AD 2022– 0175) (also referred to as the MCAI), to correct an unsafe condition for all Airbus SAS Model 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, A340–211, A340–212, A340–213, A340– 311, A340–312 and A340–313 airplanes. This proposed AD was prompted by a report that damage was found to the firewall and fuselage skin in the APU compartment area on Model A330 airplanes. Subsequent investigation determined that cracks started because of high cycle fatigue in the tee duct, E:\FR\FM\20JAP1.SGM 20JAP1 3679 Federal Register / Vol. 88, No. 13 / Friday, January 20, 2023 / Proposed Rules which led to a hot air leak. Due to the design similarity, this condition could also exist or develop on Model A340 airplanes. The FAA is proposing this AD to address cracks in the tee duct. This condition, if not corrected, could lead to a hot air leak from the tee duct and damage to the APU compartment firewall, possibly jeopardizing its capability to contain a fire. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–0019. country and is 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 described 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. Related Service Information Under 1 CFR Part 51 This proposed AD would require accomplishing the actions specified in EASA AD 2022–0175 described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD. EASA AD 2022–0175 specifies procedures for replacement of affected tee ducts (Part Number (PN) 3884654– 4 or PN 3884654–5) with serviceable parts (PN 3884654–6). EASA AD 2022– 0175 also prohibits the installation of affected parts. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES. FAA’s Determination This product has been approved by the aviation authority of another Proposed AD Requirements in This NPRM 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 2022–0175 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2022–0175 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 2022–0175 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 2022–0175. Service information required by EASA AD 2022–0175 for compliance will be available at regulations.gov under Docket No. FAA–2023–0019 after the FAA final rule is published. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 123 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 4 work-hours × $85 per hour = $340 .......................................................................................... $35,931 $36,271 $4,461,333 lotter on DSK11XQN23PROD with PROPOSALS1 The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some or all of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected operators. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of VerDate Sep<11>2014 16:47 Jan 19, 2023 Jkt 259001 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. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 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: ■ 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–2023–0019; Project Identifier MCAI–2022–01155–T. E:\FR\FM\20JAP1.SGM 20JAP1 3680 Federal Register / Vol. 88, No. 13 / Friday, January 20, 2023 / Proposed Rules (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by March 6, 2023. (b) Affected ADs None. (c) Applicability This AD applies to all Airbus SAS airplanes specified in paragraphs (c)(1) through (5) of this AD, certificated in any category. (1) Model A330–202, –203, –223, and –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 A340–211, –212, and –213 airplanes. (5) Model A340–311, –312, and –313 airplanes. (d) Subject Air Transport Association (ATA) of America Code 49, Airborne Auxiliary Power. (e) Unsafe Condition This AD was prompted by a report that damage was found to the firewall and fuselage skin in the auxiliary power unit (APU) compartment area on Model A330 airplanes. Subsequent investigation determined that cracks started because of high cycle fatigue in the tee duct, which led to a hot air leak. The FAA is issuing this AD to address cracks in the tee duct. This condition, if not corrected, could lead to a hot air leak from the tee duct and damage to the APU compartment firewall, possibly jeopardizing its capability to contain a fire. (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 2022–0175, dated August 23, 2022 (EASA AD 2022–0175). lotter on DSK11XQN23PROD with PROPOSALS1 (h) Exceptions to EASA AD 2022–0175 (1) Where EASA AD 2022–0175 refers to its effective date, this AD requires using the effective date of this AD. (2) The ‘‘Remarks’’ section of EASA AD 2022–0175 does not apply to this AD. (i) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, 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 (j) of this AD. Information may be VerDate Sep<11>2014 16:47 Jan 19, 2023 Jkt 259001 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 (i)(2) of this AD, if any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. (j) Additional Information For more information about this AD, contact Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231–3229; email Vladimir.Ulyanov@ faa.gov. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2022–0175, dated August 23, 2022. (ii) [Reserved] (3) For EASA AD 2022–0175, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this EASA AD on the EASA website at ad.easa.europa.eu. (4) You may view this 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. (5) 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. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 Issued on January 13, 2023. Gaetano A. Sciortino, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–00955 Filed 1–19–23; 8:45 am] BILLING CODE 4910–13–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 23–14; RM–11943; DA 23– 23; FR ID 122971] Television Broadcasting Services Roanoke, Virginia Federal Communications Commission. ACTION: Proposed rule. AGENCY: The Commission has before it a petition for rulemaking filed by Blue Ridge Public Television (Petitioner), the licensee of WBRA–TV, channel 3, Roanoke, Virginia. The Petitioner requests the substitution of channel 13 in place of channel 3 at Roanoke in the Table of Allotments. DATES: Comments must be filed on or before February 21, 2023 and reply comments on or before March 6, 2023. ADDRESSES: Federal Communications Commission, Office of the Secretary, 45 L Street NE, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for the Petitioner as follows: Brad Deutsch, Esq., Foster Garvey PC, 1000 Potomac Street NW, Suite 200, Washington, DC 20007. FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at (202) 418–1647, Joyce.Bernstein@fcc.gov; or Emily Harrison, Media Bureau, at (202) 418–1665, Emily.Harrison@fcc.gov. SUPPLEMENTARY INFORMATION: In support, the Petitioner states that the proposed channel substitution serves the public interest because it will improve viewers’ access to the Station’s PBS and other public television programming by improving reception and resolving low-VHF reception issues. The Petitioner further states that the Commission has recognized that VHF channels have certain propagation characteristics which may cause reception issues for some viewers, as well as the existence of environmental noise blockages affecting VHF signal strength and reception, which may vary widely by service area. According to the Petitioner, WBRA–TV’s proposed move from channel 3 to channel 13 is predicted to create an area where 64,309 persons are predicted to lose service SUMMARY: E:\FR\FM\20JAP1.SGM 20JAP1

Agencies

[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Proposed Rules]
[Pages 3678-3680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00955]


========================================================================
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. 88, No. 13 / Friday, January 20, 2023 / 
Proposed Rules

[[Page 3678]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0019; Project Identifier MCAI-2022-01155-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 A330-202, -203, -223, and -243 airplanes; 
Model A330-200 Freighter series airplanes; Model A330-300 series 
airplanes; Model A340-200 series airplanes; and Model A340-300 series 
airplanes. This proposed AD was prompted by a report that damage was 
found to the firewall and fuselage skin in the auxiliary power unit 
(APU) compartment area on Model A330 airplanes. This proposed AD would 
require replacing affected tee ducts with serviceable parts, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference (IBR). This proposed AD 
would also prohibit the installation of affected parts. 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 March 6, 
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-2023-0019; 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 is proposed for IBR in this NPRM, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email [email protected]; website easa.europa.eu. You 
may find this material on the EASA website at ad.easa.europa.eu. It is 
also available at regulations.gov under Docket No. FAA-2023-0019.
     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: 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-2023-0019; Project Identifier 
MCAI-2022-01155-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 2022-0175, dated August 23, 2022 
(EASA AD 2022-0175) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model 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, A340-211, A340-212, 
A340-213, A340-311, A340-312 and A340-313 airplanes.
    This proposed AD was prompted by a report that damage was found to 
the firewall and fuselage skin in the APU compartment area on Model 
A330 airplanes. Subsequent investigation determined that cracks started 
because of high cycle fatigue in the tee duct,

[[Page 3679]]

which led to a hot air leak. Due to the design similarity, this 
condition could also exist or develop on Model A340 airplanes. The FAA 
is proposing this AD to address cracks in the tee duct. This condition, 
if not corrected, could lead to a hot air leak from the tee duct and 
damage to the APU compartment firewall, possibly jeopardizing its 
capability to contain a fire.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0019.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0175 specifies procedures for replacement of affected 
tee ducts (Part Number (PN) 3884654-4 or PN 3884654-5) with serviceable 
parts (PN 3884654-6). EASA AD 2022-0175 also prohibits the installation 
of affected parts. This material is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with the State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
described 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 2022-0175 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 2022-0175 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0175 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 2022-0175 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-
0175. Service information required by EASA AD 2022-0175 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-0019 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 123 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
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340...........................         $35,931          $36,271       $4,461,333
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Airbus SAS: Docket No. FAA-2023-0019; Project Identifier MCAI-2022-
01155-T.

[[Page 3680]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 6, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in 
paragraphs (c)(1) through (5) of this AD, certificated in any 
category.
    (1) Model A330-202, -203, -223, and -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 A340-211, -212, and -213 airplanes.
    (5) Model A340-311, -312, and -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 49, Airborne 
Auxiliary Power.

(e) Unsafe Condition

    This AD was prompted by a report that damage was found to the 
firewall and fuselage skin in the auxiliary power unit (APU) 
compartment area on Model A330 airplanes. Subsequent investigation 
determined that cracks started because of high cycle fatigue in the 
tee duct, which led to a hot air leak. The FAA is issuing this AD to 
address cracks in the tee duct. This condition, if not corrected, 
could lead to a hot air leak from the tee duct and damage to the APU 
compartment firewall, possibly jeopardizing its capability to 
contain a fire.

(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 
2022-0175, dated August 23, 2022 (EASA AD 2022-0175).

(h) Exceptions to EASA AD 2022-0175

    (1) Where EASA AD 2022-0175 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2022-0175 does not apply 
to this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 (j) 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 (i)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Vladimir Ulyanov, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3229; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0175, 
dated August 23, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0175, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this 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.
    (5) 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 January 13, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-00955 Filed 1-19-23; 8:45 am]
BILLING CODE 4910-13-P

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