Airworthiness Directives; Airbus SAS Airplanes, 7370-7374 [2023-02105]

Download as PDF 7370 Proposed Rules Federal Register Vol. 88, No. 23 Friday, February 3, 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–2023–0156; Project Identifier MCAI–2022–01511–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 supersede Airworthiness Directive (AD) 2022–19–05, which applies to all Airbus SAS Model A330–841 and –941 airplanes. AD 2022–19–05 requires maintenance actions, including a high pressure valve (HPV) seal integrity test, repetitive replacement of the HPV clips, revision of the existing airplane flight manual (AFM), and implementation of updates to the FAA-approved operator’s minimum equipment list (MEL). Since the FAA issued AD 2022–19–05, additional instructions and maintenance procedures have been developed to address failures of the HPV. This proposed AD continues to require certain actions in AD 2022–19–05 and would provide additional criteria for the installation of HPV and HPV clips, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporated by reference (IBR). 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 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. lotter on DSK11XQN23PROD with PROPOSALS1 DATES: VerDate Sep<11>2014 17:17 Feb 02, 2023 Jkt 259001 • 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–2023–0156; 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 the EASA AD identified in this NPRM, you may contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu. You may find this material on the EASA website at ad.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. 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–2023–0156; Project Identifier MCAI–2022–01511–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 On August 18, 2022, the FAA issued Emergency AD 2022–18–51 for all Airbus SAS Model A330–841 and –941 airplanes. Emergency AD 2022–18–51 corresponded to EASA Emergency AD 2022–0170–E, dated August 17, 2022 (EASA Emergency AD 2022–0170–E). EASA is the Technical Agent for the Member States of the European Union. Emergency AD 2022–18–51 required revising the existing AFM to incorporate additional limitations prohibiting takeoff for certain airplane configurations; specified airplane dispatch restrictions using certain provisions of the A330 MMEL or amending the existing FAA-approved operator’s MEL; and required obtaining and accomplishing instructions E:\FR\FM\03FEP1.SGM 03FEP1 Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 following certain maintenance messages. The FAA issued Emergency AD 2022–18–51 to address a leaking HPV, which may expose the pressure regulating valve (PRV), which is installed downstream from the HPV, to high pressure, possibly damaging the PRV itself and preventing its closure. The unsafe condition, if not addressed, could result in high pressure and temperatures in the duct downstream from the PRV, with possible duct burst, damage to several systems, and consequent loss of control of the airplane. Since the FAA issued Emergency AD 2022–18–51, EASA superseded its Emergency AD 2022–0170–E and issued EASA AD 2022–0181, dated August 29, 2022 (EASA AD 2022–0181), to correct an unsafe condition for all Airbus SAS A330–841 and –941 airplanes. The FAA issued AD 2022–19–05, Amendment 39–22174 (87 FR 54870, September 8, 2022) (AD 2022–19–05), for all Airbus SAS Model A330–841 and –941 airplanes. AD 2022–19–05 was prompted by EASA AD 2022–0181, which was intended to address leaking bleed system HPVs, likely due to HPV clip failure and sealing ring damage. AD 2022–19–05 requires revising the existing AFM to incorporate additional limitations prohibiting takeoff for certain airplane configurations; specifies airplane dispatch restrictions using certain provisions of the A330 MMEL (master minimum equipment list) or amending the existing FAA-approved operator’s MEL; requires obtaining and accomplishing instructions following certain maintenance messages; revising the Limitations section of the AFM; updating the A330 MMEL with new provisions and procedures; a seal integrity test of each HPV; and a detailed inspection of the wing bellows. The FAA issued AD 2022–19–05 to address the identified unsafe condition. Actions Since AD 2022–19–05 Was Issued Since the FAA issued AD 2022–19– 05, EASA superseded EASA AD 2022– 0181, and issued EASA AD 2022–0227, dated November 24, 2022 (EASA AD 2022–0227), to correct an unsafe condition for all Airbus SAS Model A330–841 and –941 airplanes. EASA AD 2022–0227 states that Airbus has since published improved instructions and maintenance procedures to address failures of the HPV and incorporate comments received. FAA AD 2022–19–05 explained that the requirements were ‘‘interim action,’’ and further rulemaking was being considered. The FAA has now determined that further rulemaking is VerDate Sep<11>2014 17:17 Feb 02, 2023 Jkt 259001 indeed necessary, and this proposed AD follows from that determination. The FAA is issuing this AD to address a leaking HPV, which may expose the PRV, which is installed downstream from the HPV, to high pressure, possibly damaging the PRV itself and preventing its closure. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–0156. Explanation of Retained Requirements Although this proposed AD does not explicitly restate the requirements of AD 2022–19–05, this proposed AD would retain certain requirements of AD 2022– 19–05. Those requirements are referenced in EASA AD 2022–0227, which, in turn, is referenced in paragraph (g) of this proposed AD. Related Service Information Under 1 CFR Part 51 EASA AD 2022–0227 specifies procedures for the following actions: • Revision of the Limitations section of the existing AFM and removal of the previously required limitations. • Implementation of the instructions of the MMEL update on the basis of which the operator’s MEL must be amended with new provisions and procedures for the following items: Air Conditioning Pack, Engine Bleed Air Supply System, Engine Bleed IP (Intermediate Pressure) Check Valve, and Engine Bleed HP Valve and cancel the dispatch restrictions. • A seal integrity test of each HPV, and corrective actions (including replacement of the HPV, and a detailed inspection of the wing bellow on engine 1(2) and replacement of any damaged or deformed wing bellow). EASA AD 2022–0227 also describes the following maintenance instructions, among other actions, to be accomplished following certain faults or failures: • HPV troubleshooting procedure and additional maintenance actions after any Class 1 maintenance message associated to an HPV fault, and corrective actions (including replacement of the HPV or wing bellow). • HPV seal integrity test and the additional maintenance actions after any Class 1 or Class 2 maintenance message associated to a PRV fault, and corrective actions (including replacement of the HPV and PRV, and a detailed inspection of the wing bellow on engine 1(2) and replacement of any damaged or deformed wing bellow). • A visual (borescope) inspection of the engine bleed air system (EBAS) to detect signs of foreign object debris (FOD), including metallic debris in the PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 7371 butterfly valve and dents or damage of the flaps of the intermediate pressure check valve (IPCV), and dents and missing segments in the PRV, the header of the high pressure/intermediate pressure (HP/IP) duct, the y-duct, and the pylon ducts after any failure of an HPV clip and/or any of the HPV butterfly sealing rings, and corrective actions (including removing FOD and replacing the IPCV or PRV). • A seal integrity test of each HPV after any take-off or go-around accomplished with ‘‘packs OFF’’ or ‘‘APU bleed ON’’ or ‘‘engine bleed OFF,’’ and corrective actions (including replacement of the HPV, and a detailed inspection of the wing bellow on engine 1(2) and replacement of any damaged or deformed wing bellow). • Additional actions to be performed for any Class 1 maintenance message associated with an HPV fault. • Initial and repetitive replacement of each HPV clip with a new HPV clip. EASA AD 2022–0227 also specifies that HPV clips may be installed provided they are new and serviceable, and replaced before exceeding 4,000 hours time-in-service. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA’s Determination This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with 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 retain certain requirements of AD 2022–19–05. This proposed AD would require accomplishing the actions specified in EASA AD 2022–0227 described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD and except as discussed under ‘‘Differences Between this Proposed AD and the MCAI.’’ Difference Between This Proposed AD and the MCAI Although EASA AD 2022–0227 requires reporting any detected failures, E:\FR\FM\03FEP1.SGM 03FEP1 7372 Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Proposed Rules this proposed AD would not require any reports. Collecting this additional information will not add to the determination of the unsafe condition or corrective actions. Compliance With AFM and MEL Revisions EASA AD 2022–0227 requires operators to ‘‘inform all flight crews’’ of revisions to the existing AFM and MEL, and thereafter to ‘‘operate the aeroplane accordingly.’’ However, this AD does not specifically require those actions, as those actions are already required by FAA regulations. FAA regulations require operators to furnish to pilots any changes to the AFM (for example, 14 CFR 121.137), and to ensure the pilots are familiar with the AFM (for example, 14 CFR 91.505). As with any other flightcrew training requirement, training on the updated AFM content is tracked by the operators and recorded in each pilot’s training record, which is available for the FAA to review. FAA regulations also require pilots to follow the procedures in the AFM including all updates. 14 CFR 91.9 requires that any person operating a civil aircraft must comply with the operating limitations specified in the AFM. FAA regulations (14 CFR 121.628(a)(2)) require operators to provide pilots with access to all of the information contained in the operator’s MEL. Furthermore, 14 CFR 121.628(a)(5) requires airplanes to be operated under all applicable conditions and limitations contained in the operator’s MEL. Therefore, including a requirement in this proposed AD to operate the airplane according to the revised AFM and MEL would be redundant and unnecessary. Explanation of Required Compliance Information In the FAA’s ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to incorporate EASA AD 2022–0227 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2022–0227 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 2022–0227 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 2022–0227. Service information required by EASA AD 2022–0227 for compliance will be available at regulations.gov under Docket No. FAA–2023–0156 after the FAA final rule is published. Interim Action The FAA considers that this proposed AD would be an interim action. The FAA anticipates that further AD action will follow. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 19 airplanes of U.S. registry. The new requirements of this AD add no additional economic burden. The current costs for this AD are repeated for the convenience of affected operators, as follows: ESTIMATED COSTS FOR REQUIRED ACTIONS Action Labor cost AFM revision ................................................... MEL update ..................................................... HPV Seal Integrity Test .................................. HPV clip replacement (both engines) ............. 1 work-hour × $85 per hour = $85 ................. 1 work-hour × 85 per hour = 85 ..................... 1 work-hour × 85 per hour = 85 ..................... 11 work-hours × 85 per hour = 935 ............... The FAA estimates the following costs to do any necessary on-condition actions that would be required based on Cost per product Parts cost the results of any required actions. The FAA has no way of determining the $0 0 0 28 $85 85 85 963 Cost on U.S. operators $1,615 1,615 1,615 18,297 number of aircraft that might need these on-condition actions: lotter on DSK11XQN23PROD with PROPOSALS1 ESTIMATED COSTS OF ON-CONDITION ACTIONS Action Labor cost HPV replacement (each) .............................................. Wing bellow replacement (each wing) ......................... PRV replacement (both engines) ................................. 4 work-hours × $85 per hour = $340 ........................... 6 work-hours × 85 per hour = 510 ............................... 9 work-hours × 85 per hour = 765 ............................... The FAA has received no definitive data on which to base the cost estimates for the maintenance actions or additional actions specified in this proposed AD. 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 VerDate Sep<11>2014 17:17 Feb 02, 2023 Jkt 259001 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 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 Parts cost $6,459 663 107,620 Cost per product $6,799 1,173 108,385 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. E:\FR\FM\03FEP1.SGM 03FEP1 Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Proposed Rules 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: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by: ■ a. Removing Airworthiness Directive (AD) 2022–19–05, Amendment 39– 22174 (87 FR 54870, dated September 8, 2022); and ■ b. Adding the following new AD: ■ Airbus SAS: Docket No. FAA–2023–0156; Project Identifier MCAI–2022–01511–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by March 20, 2023. lotter on DSK11XQN23PROD with PROPOSALS1 (b) Affected ADs This AD replaces AD 2022–19–05, Amendment 39–22174 (87 FR 54870, September 8, 2022) (AD 2022–19–05). (c) Applicability This AD applies to all Airbus SAS Model A330–841 and –941 airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code: 36, Pneumatic; 75, Air. VerDate Sep<11>2014 17:17 Feb 02, 2023 Jkt 259001 (e) Unsafe Condition This AD was prompted by reports of leaking bleed system high pressure valves (HPVs), likely due to HPV clip failure and sealing ring damage, and by the development of additional instructions and maintenance procedures to address HPV failures. The FAA is issuing this AD to address a leaking HPV, which may expose the pressure regulating valve (PRV), which is installed downstream from the HPV, to high pressure, possibly damaging the PRV itself and preventing its closure. The unsafe condition, if not addressed, could result in high pressure and temperatures in the duct downstream from the PRV, with possible duct burst, damage to several systems, and consequent loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2022–0227, dated November 24, 2022 (EASA AD 2022–0227). (h) Exceptions to EASA AD 2022–0227 (1) Where EASA AD 2022–0227 refers to ‘‘05 September 2022 [the effective date of EASA AD 2022–0181],’’ this AD requires using September 15, 2022 (the effective date of AD 2022–19–05). (2) Where EASA AD 2022–0227 refers to its effective date, this AD requires using the effective date of this AD. (3) Where paragraphs (1) and (4) of EASA AD 2022–0227 specify to inform all flightcrews of airplane flight manual (AFM) revisions and dispatch limitations, and thereafter to operate the airplane accordingly, this AD does not require those actions, as those actions are already required by existing FAA regulations (see 14 CFR 91.9, 91.505, and 121.137). (4) This AD does not adopt the reporting requirements of paragraph (17) of EASA AD 2022–0227. (5) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2022–0227. (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: 9-AVS-AIR-730-AMOC@faa.gov. (i) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 7373 (ii) AMOCs approved previously for AD 2022–19–05 are approved as AMOCs for the corresponding provisions of EASA AD 2022– 0227 that are required by paragraph (g) of this AD. (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(s) (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 2022–0227, dated November 24, 2022. (ii) [Reserved] (3) For EASA AD 2022–0227, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@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. E:\FR\FM\03FEP1.SGM 03FEP1 7374 Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Proposed Rules Issued on January 27, 2023. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–02105 Filed 2–2–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 1000 [234A2100DD/AAKC001030/A0A501010. 999900] Self-Governance PROGRESS Act Negotiated Rulemaking Committee; Notice of Meeting Bureau of Indian Affairs, Interior. ACTION: Notice of public meetings. AGENCY: In accordance with the Federal Advisory Committee Act, the Self-Governance PROGRESS Act Negotiated Rulemaking Committee (Committee) will hold the sixth and seventh public meetings to negotiate and advise the Secretary of the Interior (Secretary) on a proposed rule to implement the Practical Reforms and Other Goals To Reinforce the Effectiveness of Self-Governance and Self-Determination for Indian Tribes Act of 2019 (PROGRESS Act). DATES: The meeting are open to the public; and accessible virtually and inperson. Please see SUPPLEMENTARY INFORMATION below for details on how to participate. Please see ADDRESSES for how to submit comments. • Sixth public meeting: The meeting will be held Thursday, March 2, 2023, from 9 a.m. to 5 p.m. eastern standard time. Interested persons are invited to submit comments on or before April 3, 2023. • Seventh public meeting: The meeting will be held Thursday, March 30, 2023, from 9 a.m. to 5 p.m. eastern standard time. Interested persons are invited to submit comments on or before May 1, 2023. ADDRESSES: Send your comments to the Designated Federal Officer, Vickie Hanvey, by any of the following methods: • Preferred method: Email to comments@bia.gov with ‘‘PROGRESS Act’’ in subject line. • Mail, hand-carry or use an overnight courier service to the Designated Federal Officer, Ms. Vickie Hanvey, Office of Self-Governance, Office of the Assistant Secretary— Indian Affairs, 1849 C Street NW, Mail Stop 3624, Washington, DC 20240. lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:17 Feb 02, 2023 Jkt 259001 FOR FURTHER INFORMATION CONTACT: Vickie Hanvey, Designated Federal Officer, comments@bia.gov, (918) 931– 0745. Individuals in the United States who are deaf, blind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: The meetings will be held virtually using the links provided below and in-person at the at the Department of the Interior, 7th floor South Penthouse Room, located between the 7200 and 7300 corridors, 1849 C Street NW, Washington, DC 20240. These meetings are being held under the authority of the PROGRESS Act (Pub. L. 116–180), the Negotiated Rulemaking Act (5 U.S.C. 561 et seq.), and the Federal Advisory Committee Act (5 U.S.C. 10). The Committee is to negotiate and reach consensus on recommendations for a proposed rule that will replace the existing regulations at 25 CFR part 1000. The Committee will be charged with developing proposed regulations for the Secretary’s implementation of the PROGRESS Act’s provisions regarding the Department of the Interior’s (DOI) Self-Governance Program. The PROGRESS Act amends subchapter I of the Indian SelfDetermination and Education Assistance Act (ISDEAA), 25 U.S.C. 5301 et seq., which addresses Indian Self-Determination, and subchapter IV of the ISDEAA, which addresses DOI’s Tribal Self-Governance Program. The PROGRESS Act also authorizes the Secretary to adapt negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian Tribes. The Federal Register (87 FR 30256) notice published on May 18, 2022, discussed the issues to be negotiated and the members of the Committee. Meeting Agendas These meetings are open to the public. Detailed information about the Committee, including meeting agendas can be accessed at https://www.bia.gov/ service/progress-act. Topics for these meetings will include Committee priority setting, possible subcommittees and assignments, subcommittee reports, negotiated rulemaking process, schedule and agenda setting for future meetings, PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 Committee caucus, and public comment. Sixth Public Meeting The Committee meeting will begin at 9 a.m. Eastern Standard Time on Thursday, March 2, 2023. Members of the public may attend in-person, at the 7th floor South Penthouse room, or virtually at https://gcc02.safelinks. protection.outlook.com/ap/t-59584e83/ ?url=https%3A%2F%2Fteams. microsoft.com%2Fl%2Fmeetupjoin%2F19%253ameeting_YmFhYjgy N2MtZmJlZS00NDAwLWIzY2EtY zI1NDhlZDMAwLWIzY2EtYzI1NDhl ZDM2YjA5%2540thread.v2%2F0%3F context%3D%257B%2522Tid%2522% 253A%25220693b5ba-4b18-4d7b-9341f32f400a5494%2522%252C%2522Oid %2522%253A%252213321130-a12b4290-8bcf-30387057bd7b%2522%252C %2522IsBroadcastMeeting%2522%253 Atrue%252C%2522role%2522%253A %2522a%2522%257D%26btype%3Da %26role%3Da&data=05%7C01%7C Vickie.Hanvey%40bia.gov%7Cdc 922855ffe24cc9335f08daedaf3afa%7 C0693b5ba4b184d7b9341f32f400a 5494%7C0%7C0%7C638083634101 840906%7CUnknown%7CTWFpbGZsb3 d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2l uMzIiLCJBTiI6Ik1haWwiLCJXVCI6 Mn0%3D%7C3000%7C%7C%7C& sdata=jcd1NZqTZZun%2FAIJfW9Dn1 1z8c1PD9V7rZks7QG8WbA%3D& reserved=0 for access. Seventh Public Meeting The Committee meeting will begin at 9 a.m. Eastern Standard Time on Thursday, March 30, 2023. Members of the public may attend in-person, at the 7th floor South Penthouse room, or virtually at https://gcc02.safelinks. protection.outlook.com/ap/t-59584e83/ ?url=https%3A%2F%2Fteams. microsoft.com%2Fl%2Fmeetupjoin%2F19%253ameeting_YzY1N2Y5Nj YtNTVkNi00MGU1LTk3ZjEtYTg1 NjI1NjYyZWU5%2540thread.v2%2F0% 3Fcontext%3D%257B%2522Tid%2522 %253A%25220693b5ba-4b18-4d7b9341-f32f400a5494%2522%252C% 2522Oid%2522%253A%252213321130a12b-4290-8bcf-30387057bd7b %2522%252C%2522IsBroadcast Meeting%2522%253Atrue %252C%2522role%2522%253A% 2522a%2522%257D%26btype%3Da %26role%3Da&data=05%7C01% 7CVickie.Hanvey%40bia.gov%7Cd c922855ffe24cc9335f08daedaf3afa% 7C0693b5ba4b184d7b9341f32f400a5494 %7C0%7C0%7C638083634101840906 %7CUnknown%7CTWFpbGZsb3d8ey JWIjoiMC4wLjAwMDAiLCJQIjoiV2lu MzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0 %3D%7C3000%7C%7C%7C&sdata= E:\FR\FM\03FEP1.SGM 03FEP1

Agencies

[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Proposed Rules]
[Pages 7370-7374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02105]


========================================================================
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. 23 / Friday, February 3, 2023 / 
Proposed Rules

[[Page 7370]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0156; Project Identifier MCAI-2022-01511-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 supersede Airworthiness Directive (AD) 
2022-19-05, which applies to all Airbus SAS Model A330-841 and -941 
airplanes. AD 2022-19-05 requires maintenance actions, including a high 
pressure valve (HPV) seal integrity test, repetitive replacement of the 
HPV clips, revision of the existing airplane flight manual (AFM), and 
implementation of updates to the FAA-approved operator's minimum 
equipment list (MEL). Since the FAA issued AD 2022-19-05, additional 
instructions and maintenance procedures have been developed to address 
failures of the HPV. This proposed AD continues to require certain 
actions in AD 2022-19-05 and would provide additional criteria for the 
installation of HPV and HPV clips, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is proposed for incorporated 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 March 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-2023-0156; 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 the EASA AD identified in this NPRM, you may contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]. You may find this material on the 
EASA website at ad.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.

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-2023-0156; Project Identifier 
MCAI-2022-01511-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

    On August 18, 2022, the FAA issued Emergency AD 2022-18-51 for all 
Airbus SAS Model A330-841 and -941 airplanes. Emergency AD 2022-18-51 
corresponded to EASA Emergency AD 2022-0170-E, dated August 17, 2022 
(EASA Emergency AD 2022-0170-E). EASA is the Technical Agent for the 
Member States of the European Union. Emergency AD 2022-18-51 required 
revising the existing AFM to incorporate additional limitations 
prohibiting takeoff for certain airplane configurations; specified 
airplane dispatch restrictions using certain provisions of the A330 
MMEL or amending the existing FAA-approved operator's MEL; and required 
obtaining and accomplishing instructions

[[Page 7371]]

following certain maintenance messages. The FAA issued Emergency AD 
2022-18-51 to address a leaking HPV, which may expose the pressure 
regulating valve (PRV), which is installed downstream from the HPV, to 
high pressure, possibly damaging the PRV itself and preventing its 
closure. The unsafe condition, if not addressed, could result in high 
pressure and temperatures in the duct downstream from the PRV, with 
possible duct burst, damage to several systems, and consequent loss of 
control of the airplane.
    Since the FAA issued Emergency AD 2022-18-51, EASA superseded its 
Emergency AD 2022-0170-E and issued EASA AD 2022-0181, dated August 29, 
2022 (EASA AD 2022-0181), to correct an unsafe condition for all Airbus 
SAS A330-841 and -941 airplanes. The FAA issued AD 2022-19-05, 
Amendment 39-22174 (87 FR 54870, September 8, 2022) (AD 2022-19-05), 
for all Airbus SAS Model A330-841 and -941 airplanes. AD 2022-19-05 was 
prompted by EASA AD 2022-0181, which was intended to address leaking 
bleed system HPVs, likely due to HPV clip failure and sealing ring 
damage.
    AD 2022-19-05 requires revising the existing AFM to incorporate 
additional limitations prohibiting takeoff for certain airplane 
configurations; specifies airplane dispatch restrictions using certain 
provisions of the A330 MMEL (master minimum equipment list) or amending 
the existing FAA-approved operator's MEL; requires obtaining and 
accomplishing instructions following certain maintenance messages; 
revising the Limitations section of the AFM; updating the A330 MMEL 
with new provisions and procedures; a seal integrity test of each HPV; 
and a detailed inspection of the wing bellows. The FAA issued AD 2022-
19-05 to address the identified unsafe condition.

Actions Since AD 2022-19-05 Was Issued

    Since the FAA issued AD 2022-19-05, EASA superseded EASA AD 2022-
0181, and issued EASA AD 2022-0227, dated November 24, 2022 (EASA AD 
2022-0227), to correct an unsafe condition for all Airbus SAS Model 
A330-841 and -941 airplanes. EASA AD 2022-0227 states that Airbus has 
since published improved instructions and maintenance procedures to 
address failures of the HPV and incorporate comments received.
    FAA AD 2022-19-05 explained that the requirements were ``interim 
action,'' and further rulemaking was being considered. The FAA has now 
determined that further rulemaking is indeed necessary, and this 
proposed AD follows from that determination.
    The FAA is issuing this AD to address a leaking HPV, which may 
expose the PRV, which is installed downstream from the HPV, to high 
pressure, possibly damaging the PRV itself and preventing its closure. 
You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0156.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2022-19-05, this proposed AD would retain certain 
requirements of AD 2022-19-05. Those requirements are referenced in 
EASA AD 2022-0227, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0227 specifies procedures for the following actions:
     Revision of the Limitations section of the existing AFM 
and removal of the previously required limitations.
     Implementation of the instructions of the MMEL update on 
the basis of which the operator's MEL must be amended with new 
provisions and procedures for the following items: Air Conditioning 
Pack, Engine Bleed Air Supply System, Engine Bleed IP (Intermediate 
Pressure) Check Valve, and Engine Bleed HP Valve and cancel the 
dispatch restrictions.
     A seal integrity test of each HPV, and corrective actions 
(including replacement of the HPV, and a detailed inspection of the 
wing bellow on engine 1(2) and replacement of any damaged or deformed 
wing bellow).
    EASA AD 2022-0227 also describes the following maintenance 
instructions, among other actions, to be accomplished following certain 
faults or failures:
     HPV troubleshooting procedure and additional maintenance 
actions after any Class 1 maintenance message associated to an HPV 
fault, and corrective actions (including replacement of the HPV or wing 
bellow).
     HPV seal integrity test and the additional maintenance 
actions after any Class 1 or Class 2 maintenance message associated to 
a PRV fault, and corrective actions (including replacement of the HPV 
and PRV, and a detailed inspection of the wing bellow on engine 1(2) 
and replacement of any damaged or deformed wing bellow).
     A visual (borescope) inspection of the engine bleed air 
system (EBAS) to detect signs of foreign object debris (FOD), including 
metallic debris in the butterfly valve and dents or damage of the flaps 
of the intermediate pressure check valve (IPCV), and dents and missing 
segments in the PRV, the header of the high pressure/intermediate 
pressure (HP/IP) duct, the y-duct, and the pylon ducts after any 
failure of an HPV clip and/or any of the HPV butterfly sealing rings, 
and corrective actions (including removing FOD and replacing the IPCV 
or PRV).
     A seal integrity test of each HPV after any take-off or 
go-around accomplished with ``packs OFF'' or ``APU bleed ON'' or 
``engine bleed OFF,'' and corrective actions (including replacement of 
the HPV, and a detailed inspection of the wing bellow on engine 1(2) 
and replacement of any damaged or deformed wing bellow).
     Additional actions to be performed for any Class 1 
maintenance message associated with an HPV fault.
     Initial and repetitive replacement of each HPV clip with a 
new HPV clip.
    EASA AD 2022-0227 also specifies that HPV clips may be installed 
provided they are new and serviceable, and replaced before exceeding 
4,000 hours time-in-service.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with 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 retain certain requirements of AD 2022-19-
05. This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0227 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD and 
except as discussed under ``Differences Between this Proposed AD and 
the MCAI.''

Difference Between This Proposed AD and the MCAI

    Although EASA AD 2022-0227 requires reporting any detected 
failures,

[[Page 7372]]

this proposed AD would not require any reports. Collecting this 
additional information will not add to the determination of the unsafe 
condition or corrective actions.

Compliance With AFM and MEL Revisions

    EASA AD 2022-0227 requires operators to ``inform all flight crews'' 
of revisions to the existing AFM and MEL, and thereafter to ``operate 
the aeroplane accordingly.'' However, this AD does not specifically 
require those actions, as those actions are already required by FAA 
regulations.
    FAA regulations require operators to furnish to pilots any changes 
to the AFM (for example, 14 CFR 121.137), and to ensure the pilots are 
familiar with the AFM (for example, 14 CFR 91.505). As with any other 
flightcrew training requirement, training on the updated AFM content is 
tracked by the operators and recorded in each pilot's training record, 
which is available for the FAA to review. FAA regulations also require 
pilots to follow the procedures in the AFM including all updates. 14 
CFR 91.9 requires that any person operating a civil aircraft must 
comply with the operating limitations specified in the AFM.
    FAA regulations (14 CFR 121.628(a)(2)) require operators to provide 
pilots with access to all of the information contained in the 
operator's MEL. Furthermore, 14 CFR 121.628(a)(5) requires airplanes to 
be operated under all applicable conditions and limitations contained 
in the operator's MEL.
    Therefore, including a requirement in this proposed AD to operate 
the airplane according to the revised AFM and MEL would be redundant 
and unnecessary.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2022-0227 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0227 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 2022-0227 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-
0227. Service information required by EASA AD 2022-0227 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-0156 
after the FAA final rule is published.

Interim Action

    The FAA considers that this proposed AD would be an interim action. 
The FAA anticipates that further AD action will follow.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 19 airplanes of U.S. registry. The new requirements of this AD 
add no additional economic burden. The current costs for this AD are 
repeated for the convenience of affected operators, as follows:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM revision..........................  1 work-hour x $85 per                 $0             $85          $1,615
                                         hour = $85.
MEL update............................  1 work-hour x 85 per                   0              85           1,615
                                         hour = 85.
HPV Seal Integrity Test...............  1 work-hour x 85 per                   0              85           1,615
                                         hour = 85.
HPV clip replacement (both engines)...  11 work-hours x 85 per                28             963          18,297
                                         hour = 935.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
HPV replacement (each)........................  4 work-hours x $85 per hour =             $6,459          $6,799
                                                 $340.
Wing bellow replacement (each wing)...........  6 work-hours x 85 per hour = 510             663           1,173
PRV replacement (both engines)................  9 work-hours x 85 per hour = 765         107,620         108,385
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the maintenance actions or additional actions specified 
in this proposed AD.

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.

[[Page 7373]]

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:
0
a. Removing Airworthiness Directive (AD) 2022-19-05, Amendment 39-22174 
(87 FR 54870, dated September 8, 2022); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-0156; Project Identifier MCAI-2022-
01511-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 20, 2023.

(b) Affected ADs

    This AD replaces AD 2022-19-05, Amendment 39-22174 (87 FR 54870, 
September 8, 2022) (AD 2022-19-05).

(c) Applicability

    This AD applies to all Airbus SAS Model A330-841 and -941 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code: 36, Pneumatic; 
75, Air.

(e) Unsafe Condition

    This AD was prompted by reports of leaking bleed system high 
pressure valves (HPVs), likely due to HPV clip failure and sealing 
ring damage, and by the development of additional instructions and 
maintenance procedures to address HPV failures. The FAA is issuing 
this AD to address a leaking HPV, which may expose the pressure 
regulating valve (PRV), which is installed downstream from the HPV, 
to high pressure, possibly damaging the PRV itself and preventing 
its closure. The unsafe condition, if not addressed, could result in 
high pressure and temperatures in the duct downstream from the PRV, 
with possible duct burst, damage to several systems, and consequent 
loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2022-0227, dated November 24, 2022 (EASA AD 2022-0227).

(h) Exceptions to EASA AD 2022-0227

    (1) Where EASA AD 2022-0227 refers to ``05 September 2022 [the 
effective date of EASA AD 2022-0181],'' this AD requires using 
September 15, 2022 (the effective date of AD 2022-19-05).
    (2) Where EASA AD 2022-0227 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraphs (1) and (4) of EASA AD 2022-0227 specify to 
inform all flightcrews of airplane flight manual (AFM) revisions and 
dispatch limitations, and thereafter to operate the airplane 
accordingly, this AD does not require those actions, as those 
actions are already required by existing FAA regulations (see 14 CFR 
91.9, 91.505, and 121.137).
    (4) This AD does not adopt the reporting requirements of 
paragraph (17) of EASA AD 2022-0227.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0227.

(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].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2022-19-05 are approved as 
AMOCs for the corresponding provisions of EASA AD 2022-0227 that are 
required by paragraph (g) of this AD.
    (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(s) (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 2022-0227, 
dated November 24, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0227, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]. 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.


[[Page 7374]]


    Issued on January 27, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-02105 Filed 2-2-23; 8:45 am]
BILLING CODE 4910-13-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.