Airworthiness Directives; Airbus SAS Airplanes, 23589-23593 [2023-07885]
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Federal Register / Vol. 88, No. 74 / Tuesday, April 18, 2023 / Proposed Rules
(B) If there is no fuel leakage, within 110
hours TIS after the effective date of this AD,
remove the LH side engine and tighten each
junction nut (items 1a and 1b) of the LH fuel
supply hose by applying the torque depicted
in Figure 1 of ASB EC225–28A026 Rev 1.
(ii) Tightening the junction nuts as
required by paragraphs (g)(3)(i)(A) and (B) of
this AD constitutes terminating action for the
repetitive inspection required by paragraph
(g)(3)(i) of this AD.
(4) For helicopters with LH fuel supply
hose P/N 704A34416087 installed, as of the
effective date of this AD, you may replace an
LH fuel supply hose P/N 704A34416087 with
an LH fuel supply hose P/N 704A34416087
or reinstall an LH fuel supply hose P/N
704A34416087 on any helicopter by
following the Accomplishment Instructions,
paragraph 3.B.3.b., of ASB EC225–71A019
Rev 2, until required to install LH fuel supply
hose P/N 704A34416101 by paragraph (g)(2)
of this AD, provided one of the conditions in
paragraphs (g)(4)(i) through (iii) of this AD is
met.
(i) If installing, the LH fuel supply hose P/
N 704A34416087 is new (zero total hours
TIS).
(ii) If reinstalling, before reinstallation, the
LH fuel supply hose P/N 704A34416087 is
inspected by accomplishing the actions
required by the introductory text of
paragraph (g)(1) of this AD and the inside of
the LH fuel supply hose does not have any
twisting.
(iii) If reinstalling, the initial delivery of
the helicopter from the manufacturer was on
or after November 30, 2018, and the LH fuel
supply hose P/N 704A34416087 has never
been previously reinstalled.
(5) For helicopters with an LH fuel supply
hose P/N 704A34416101 installed, as of the
effective date of this AD, do not remove LH
fuel supply hose P/N 704A34416101 and
replace it with LH fuel supply hose P/N
704A34416087 and do not install an LH
engine with an LH fuel supply hose P/N
704A34416087 installed.
(h) Credit for Previous Actions
This paragraph provides credit for the
actions specified in paragraph (g)(1) of this
AD, if those actions were performed before
the effective date of this AD using Airbus
Helicopters ASB No. EC225–71A019,
Revision 1, dated February 28, 2019.
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(i) Special Flight Permits
Special flight permits may be permitted
provided that there are no passengers on
board and that helicopters identified in
paragraph (g)(3) of this AD have no fuel
leakage.
(j) Alternative Methods of Compliance
(AMOCs)
(1) 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 local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (k)(2) of this AD.
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Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(k) Additional Information
(1) Refer to European Union Aviation
Safety Agency (EASA) AD 2022–0087, dated
May 16, 2022, for related information. This
EASA AD may be found in the AD docket at
regulations.gov under Docket No. FAA–
2023–0931.
(2) For more information about this AD,
contact Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 26805 E 68th
Ave., Mail Stop: Room 214, Denver, CO
80249; telephone (303) 342–1080; email
hal.jensen@faa.gov.
(3) Service information identified in this
AD that is not incorporated by reference is
available at the contact information specified
in paragraphs (l)(5) and (6) of this AD.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(3) The following service information was
approved for IBR on [DATE 35 DAYS AFTER
PUBLICATION OF THE FINAL RULE].
(i) Airbus Helicopters Alert Service
Bulletin No. EC225–28A026, Revision 1,
dated May 6, 2022.
(ii) [Reserved]
(4) The following service information was
approved for IBR on January 27, 2022 (86 FR
72824, December 23, 2021).
(i) Airbus Helicopters Alert Service
Bulletin No. EC225–71A019, Revision 2,
dated May 21, 2021.
(ii) [Reserved]
(5) For Airbus Helicopters service
information identified in this AD, contact
Airbus Helicopters, 2701 North Forum Drive,
Grand Prairie, TX 75052; telephone (972)
641–0000 or (800) 232–0323; fax (972) 641–
3775; or at airbus.com/helicopters/services/
technical-support.html.
(6) You may view this service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(7) 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.
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23589
Issued on April 11, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–08015 Filed 4–17–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0924; Project
Identifier MCAI–2022–01262–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)
2021–16–18, which applies to all Airbus
SAS Model A330–200 Freighter, A330–
200, A330–300, A330–800, A330–900,
A340–200, A340–300, A340–500, and
A340–600 series airplanes. AD 2021–
16–18 requires repetitive inspections of
certain fuel pumps for cavitation
erosion, replacement if necessary,
revision of the existing operator’s
minimum equipment list (MEL), and
accomplishment of certain maintenance
actions related to defueling and ground
fuel transfer operations. Since the FAA
issued AD 2021–16–18, new, more
erosion resistant pumps were developed
and the FAA determined that affected
fuel pumps must be replaced with new,
more erosion resistant pumps. This
proposed AD would continue to require
the actions in AD 2021–16–18 and
would require replacement of affected
parts, which would terminate the
repetitive inspections, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is proposed for
incorporation by reference. This
proposed AD would also prohibit the
installation of certain 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 June 2, 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,
SUMMARY:
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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–2023–0924; 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; website
easa.europa.eu. You may find this
material on the EASA website at
ad.easa.europa.eu.
• For Eaton service information
identified in this NPRM, you may
contact Eaton Limited, Customer
Support, Abbey Park, Southhampton
Road, Titchfield, Fareham, Hampshire,
PO14 4QA, U.K.; telephone +01
329853000; Fax +01 329853714.
• 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:
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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–2023–0924; Project Identifier
MCAI–2022–01262–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
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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
The FAA issued AD 2021–16–18,
Amendment 39–21681 (86 FR 60560,
November 3, 2021) (AD 2021–16–18),
which applies to all Airbus SAS Model
A330–201, A330–202, A330–203, A330–
223, A330–223F, A330–243, A330–
243F, A330–301, A330–302, A330–303,
A330–321, A330–322, A330–323, A330–
341, A330–342, A330–343, A330–841,
A330–941, A340–211, A340–212, A340–
213, A340–311, A340–312, A340–313,
A340–541, and A340–642 airplanes. AD
2021–16–18 was prompted by EASA AD
2020–0283, dated December 17, 2020;
corrected December 24, 2020 (EASA AD
2020–0283), issued by EASA, which is
the Technical Agent for the Member
States of the European Union.
AD 2021–16–18 requires repetitive
inspections of certain fuel pumps for
cavitation erosion, replacement if
necessary, revision of the operator’s
existing MEL, and accomplishment of
certain maintenance actions related to
defueling and ground fuel transfer
operations. The FAA issued AD 2021–
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16–18 to address fuel pump erosion
caused by cavitation.
Actions Since AD 2021–16–18 Was
Issued
Since the FAA issued AD 2021–16–
18, EASA superseded EASA AD 2020–
0283, and issued EASA AD 2022–0197,
dated September 22, 2022 (EASA AD
2022–0197) (also referred to as the
MCAI), to correct an unsafe condition
for all Airbus SAS Model A330–201,
A330–202, A330–203, A330–223, A330–
223F, A330–243, A330–243F, A330–
301, A330–302, A330–303, A330–321,
A330–322, A330–323, A330–341, A330–
342, A330–343, A330–743L, A330–841,
A330–941, A340–211, A340–212, A340–
213, A340–311, A340–312, A340–313,
A340–541, A340–542, A340–642 and
A340–643 airplanes. Model A330–743L,
A340–542, and A340–643 airplanes are
not certificated by the FAA and are not
included on the U.S. type certificate
data sheet; this proposed AD therefore
does not include those airplanes in the
applicability.
The MCAI states that new, more
erosion resistant pumps have been
developed to address the unsafe
condition. The MCAI states there have
been reports of fuel pumps showing
cavitation erosion. This condition, if not
detected and corrected, could result, in
a case where the pump is running dry,
in an ignition source in the fuel tank,
which may result in a fuel tank
explosion and consequent loss of the
airplane.
The FAA is proposing this AD to
address the unsafe condition on these
products. You may examine the MCAI
in the AD docket at regulations.gov
under Docket No. FAA–2023–0924.
Explanation of Retained Requirements
Although this proposed AD does not
explicitly restate the requirements of AD
2021–16–18, this proposed AD would
retain the requirements of AD 2021–16–
18. Those requirements are referenced
in EASA AD 2022–0197, which, in turn,
is referenced in paragraph (g) of this
proposed AD.
Related Service Information Under 1
CFR Part 51
EASA AD 2022–0197 specifies
procedures for repetitive inspections of
all affected parts; replacement of
affected parts if necessary; replacement
of certain part-numbered affected parts,
which allows a terminating action for
the repetitive inspections; updating of
the applicable Master Minimum
Equipment List (MMEL), and certain
maintenance actions related to defueling
and ground fuel transfer operations.
EASA AD 2022–0197 also prohibits
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certain affected parts from being
installed.
The FAA also reviewed Eaton Service
Bulletin 8810–28–06, Revision 2, dated
March 1, 2019, which defines erosion
cases and breakthrough.
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
designs.
Proposed AD Requirements in This
NPRM
This proposed AD would retain the
requirements of AD 2021–16–18. This
proposed AD would require
accomplishing the actions specified in
EASA AD 2022–0197 described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.’’
This proposed AD would also prohibit
the installation of certain affected parts.
Other Relevant Rulemaking
Note 4 of EASA AD 2022–0197 refers
to EASA AD 2015–0194. EASA AD
2015–0194 corresponds to FAA AD
2016–20–10, Amendment 39–18676 (81
FR 71593, October 18, 2016 (AD 2016–
20–10)). AD 2016–20–10 requires the
replacement of fuel pumps that have
part number (P/N) P/N 568–1–28300–
001, 568–1–28300–002, 568–1–28300–
100, or 568–1–28300–101 with a pump
having a part number other than those
part numbers. However, operators
should be aware that this proposed AD
will prohibit the installation P/N 568–
1–28300–103 as of the effective date of
the AD.
AD 2016–20–10 also requires the
replacement of P/N 568–1–28300–101
within 72 months or 96 months after
November 22, 2016 (the effective date of
AD 2016–20–10), depending on the
configuration of the installed fuel
pumps. Paragraph (5) of EASA AD
2022–0197 specifies to replace P/N 568–
1–28300–101 at location A within 5
years after the effective date of that AD.
Paragraph (6) of EASA AD 2022–0197
specifies to replace P/N 568–1–28300–
101 at location B within 7 years after the
effective date of that AD. These new
compliance times do not apply to those
affected by AD 2016–20–10. Therefore,
the FAA has clarified the compliance
time in paragraph (h)(10) of this AD.
Compliance With MEL Revision
EASA AD 2022–0197 requires
operators to ‘‘inform all flight crews’’ of
revisions to the MMEL, and thereafter to
‘‘operate the aeroplane accordingly.’’
However, this proposed AD would not
specifically require those actions as they
are already required by FAA
regulations.
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 MEL would be
redundant and unnecessary. Further,
compliance with such a requirement in
an AD would be impracticable to
23591
demonstrate or track on an ongoing
basis; therefore, a requirement to
operate the airplane in such a manner
would be unenforceable.
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 2022–0197 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2022–0197
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 2022–0197 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 2022–0197.
Service information required by EASA
AD 2022–0197 for compliance will be
available at regulations.gov under
Docket No. FAA–2023–0924 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 112
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
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Retained actions from AD
2021–16–18.
New proposed action ........
Labor cost
Up to 69 work-hours × $85 per hour = Up to $5,865
Up to 7 work-hours × $85 per hour = $595 ................
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
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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
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Cost per product
Cost on U.S.
operators
$0
Up to $5,865 ..........
Up to $656,880.
9,648
Up to $10,243 ........
Up to $1,147,216.
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
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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.
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.
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2021–16–18, Amendment 39–
21681 (86 FR 60560, dated November 3,
2021); and
■ b. Adding the following new AD:
■
■
Airbus SAS: Docket No. FAA–2023–0924;
Project Identifier MCAI–2022–01262–T.
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(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by June 2, 2023.
(b) Affected ADs
This AD replaces AD 2021–16–18,
Amendment 39–21681 (86 FR 60560, dated
November 3, 2021) (AD 2021–16–18).
(c) Applicability
This AD applies to all Airbus SAS
Airplanes, certificated in any category, and
identified in paragraphs (c)(1) through (9) of
this AD.
(1) Model 330–223F and –243F airplanes.
(2) Model A330–201, –202, –203, –223, and
–243 airplanes.
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(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by reports of a fuel
pump showing cavitation erosion that
exposed the fuel pump power supply wires,
and a determination that affected fuel pumps
must be replaced with new, more erosion
resistant pumps. The FAA is issuing this AD
to address fuel pump erosion caused by
cavitation. If this condition is not addressed,
a pump running dry could result in a fuel
tank explosion and consequent loss of the
airplane.
(f) Compliance
List of Subjects in 14 CFR Part 39
§ 39.13
(3) Model A330–301, –302, –303, –321,
–322, –323, –341, –342, and –343 airplanes.
(4) Model A330–841 airplanes.
(5) Model A330–941 airplanes.
(6) Model A340–211, –212, and –213
airplanes.
(7) Model A340–311, –312, and –313
airplanes.
(8) Model A340–541 airplanes.
(9) Model A340–642 airplanes.
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraphs (h) and
(i) of this AD: Comply with all required
actions and compliance times specified in,
and in accordance with, European Union
Aviation Safety Agency (EASA) AD 2022–
0197, dated September 22, 2022 (EASA AD
2022–0197).
(h) Exceptions to EASA AD 2022–0197
(1) Where EASA AD 2022–0197 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where EASA AD 2022–0197 refers to
‘‘31 December 2020 [the effective date of
EASA AD 2020–0283],’’ this AD requires
using ‘‘December 8, 2021 (the effective date
of AD 2021–16–18).’’
(3) Where EASA AD 2022–0197 refers to
‘‘13 December 2019 [the effective date of
EASA AD 2019–0291 at original issue],’’ this
AD requires using ‘‘November 18, 2020 (the
effective date of AD 2020–21–05,
Amendment 39–21278 (85 FR 64963, October
14, 2020)).’’
(4) Where EASA AD 2022–0197 refers to
‘‘17 November 2017 [the effective date of
EASA AD 2017–0224],’’ this AD requires
using ‘‘December 29, 2017 (the effective date
of AD 2017–25–16, Amendment 39–19130
(82 FR 58718, December 14, 2017)).’’
(5) Where EASA AD 2022–0197 refers to
the master minimum equipment list (MMEL),
this AD refers to the operator’s minimum
equipment list (MEL).
(6) Where paragraphs (15), (16), and (17) of
EASA AD 2022–0197 specify to ‘‘inform all
flight crews, and, thereafter, operate the
aeroplane accordingly,’’ this AD does not
require those actions as those actions are
already required by existing FAA operating
regulations (see 14 CFR 121.628(a)(2) and
121.628(a)(5)).
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
(7) Where the Definitions section of EASA
AD 2022–0197 specifies ‘‘erosion cases and
breakthrough’’ and refers to ‘‘Eaton
Aerospace Ltd SB 8810–28–06 Revision 2 (or
later revisions),’’ for this AD, use only Eaton
Service Bulletin 8810–28–06, Revision 2,
dated March 1, 2019.
(8) Note 4 of EASA AD 2022–0197 refers
to EASA AD 2015–0194. EASA AD 2015–
0194 corresponds to FAA AD 2016–20–10,
Amendment 39–18676 (81 FR 71593, October
18, 2016) (AD 2016–20–10).
(9) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2022–0197.
(10) Where paragraphs (5) and (6) of EASA
AD 2022–0197 specify a compliance time to
replace part number (P/N) 568–1–28300–101,
for airplanes identified in AD 2016–20–10,
the compliance time to replace fuel pumps
having P/N 568–1–28300–101, or a
combination of P/N 568–1–28300–101 and
certain other part numbers, is specified in
paragraphs (h)(1) and (2) of AD 2016–20–10,
as applicable.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2022–0197 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the International Validation Branch, send
it to the attention of the person identified in
paragraph (k) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or EASA; or Airbus SAS’s
EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must
include the DOA-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (j)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
E:\FR\FM\18APP1.SGM
18APP1
Federal Register / Vol. 88, No. 74 / Tuesday, April 18, 2023 / Proposed Rules
changes to procedures or tests identified as
RC require approval of an AMOC.
(k) Additional Information
For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone
206–231–3229; email Vladimir.Ulyanov@
faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Eaton Service Bulletin 8810–28–06,
Revision 2, dated March 1, 2019.
(ii) European Union Aviation Safety
Agency (EASA) AD 2022–0197, dated
September 22, 2022 (EASA AD 2022–0197).
(3) For Eaton service information identified
in this AD, contact Eaton Limited, Customer
Support, Abbey Park, Southhampton Road,
Titchfield, Fareham, Hampshire, PO14 4QA,
U.K.; telephone + 01 329853000; Fax + 01
329853714.
(4) For EASA AD 2022–0197, 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.
(5) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(6) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Issued on April 8, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
ACTION:
Proposed rule; withdrawal.
The FAA is withdrawing the
notice of proposed rulemaking
published in the Federal Register on
November 7, 2022, proposing to amend
Class E airspace in Morganton, NC,
because it is duplicative of a previous
action.
SUMMARY:
The FAA is withdrawing the
proposed rule published November 7,
2022 (87 FR 66974) as of April 18, 2023.
FOR FURTHER INFORMATION CONTACT: John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, 1701 Columbia Avenue,
College Park, GA 30337; telephone (404)
305–6364.
SUPPLEMENTARY INFORMATION:
DATES:
Reason for Withdrawal
The FAA is withdrawing the NPRM
for Docket No, FAA–2022–1347 (87 FR
66974; November 7, 2022) amending
Class E airspace for Foothills Regional
Airport, Morganton, NC, because it is
duplicative of a previously published
action. The FAA published a separate
NPRM in the Federal Register on
October 28, 2022 (87 FR 65178),
proposing to amend the same airspace.
Conclusion
The FAA determined that the NPRM
published on November 7, 2022, is
duplicative and unnecessary. Therefore,
the FAA withdraws that NPRM.
Issued in College Park, Georgia, on April
12, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2023–08132 Filed 4–17–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[FR Doc. 2023–07885 Filed 4–17–23; 8:45 am]
14 CFR Part 71
BILLING CODE 4910–13–P
[Docket No. FAA–2023–0955; Airspace
Docket No. 22–AGL–37]
DEPARTMENT OF TRANSPORTATION
RIN 2120–AA66
Federal Aviation Administration
Revocation of VOR Federal Airway V–
456 and Mankato, MN, Low Altitude
Reporting Point; Mankato, MN
14 CFR Part 71
RIN 2120–AA66
Withdrawal of NPRM, Morganton, NC
Federal Aviation
Administration (FAA), DOT.
AGENCY:
VerDate Sep<11>2014
16:55 Apr 17, 2023
Jkt 259001
airway V–456 and the Mankato, MN,
Low Altitude Reporting Point. The FAA
is proposing this action due to the
planned decommissioning of the VOR
portion of the Mankato, MN (MKT),
VOR/Distance Measuring Equipment
(VOR/DME) navigational aid (NAVAID).
The Mankato VOR is being
decommissioned in support of the
FAA’s VOR Minimum Operational
Network (MON) program.
DATES: Comments must be received on
or before June 2, 2023.
ADDRESSES: Send comments identified
by FAA Docket No. FAA–2023–0955
and Airspace Docket No. 22–AGL–37
using any of the following methods:
* Federal eRulemaking Portal: Go to
www.regulations.gov and follow the
online instructions for sending your
comments electronically.
* Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
* Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
* Fax: Fax comments to Docket
Operations at (202) 493–2251.
Docket: Background documents or
comments received may be read at
www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
Authority for This Rulemaking
This action proposes to
revoke Very High Frequency (VHF)
Omnidirectional Range (VOR) Federal
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
AGENCY:
[Docket No. FAA–2022–1347; Airspace
Docket No. 22–ASO–25]
23593
SUMMARY:
PO 00000
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E:\FR\FM\18APP1.SGM
18APP1
]]>Agencies
[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Proposed Rules]
[Pages 23589-23593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07885]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0924; Project Identifier MCAI-2022-01262-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)
2021-16-18, which applies to all Airbus SAS Model A330-200 Freighter,
A330-200, A330-300, A330-800, A330-900, A340-200, A340-300, A340-500,
and A340-600 series airplanes. AD 2021-16-18 requires repetitive
inspections of certain fuel pumps for cavitation erosion, replacement
if necessary, revision of the existing operator's minimum equipment
list (MEL), and accomplishment of certain maintenance actions related
to defueling and ground fuel transfer operations. Since the FAA issued
AD 2021-16-18, new, more erosion resistant pumps were developed and the
FAA determined that affected fuel pumps must be replaced with new, more
erosion resistant pumps. This proposed AD would continue to require the
actions in AD 2021-16-18 and would require replacement of affected
parts, which would terminate the repetitive inspections, as specified
in a European Union Aviation Safety Agency (EASA) AD, which is proposed
for incorporation by reference. This proposed AD would also prohibit
the installation of certain 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 June 2,
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,
[[Page 23590]]
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-2023-0924; 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]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
For Eaton service information identified in this NPRM, you
may contact Eaton Limited, Customer Support, Abbey Park, Southhampton
Road, Titchfield, Fareham, Hampshire, PO14 4QA, U.K.; telephone +01
329853000; Fax +01 329853714.
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-2023-0924; Project Identifier
MCAI-2022-01262-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
The FAA issued AD 2021-16-18, Amendment 39-21681 (86 FR 60560,
November 3, 2021) (AD 2021-16-18), which applies to all Airbus SAS
Model A330-201, A330-202, A330-203, A330-223, A330-223F, A330-243,
A330-243F, A330-301, A330-302, A330-303, A330-321, A330-322, A330-323,
A330-341, A330-342, A330-343, A330-841, A330-941, A340-211, A340-212,
A340-213, A340-311, A340-312, A340-313, A340-541, and A340-642
airplanes. AD 2021-16-18 was prompted by EASA AD 2020-0283, dated
December 17, 2020; corrected December 24, 2020 (EASA AD 2020-0283),
issued by EASA, which is the Technical Agent for the Member States of
the European Union.
AD 2021-16-18 requires repetitive inspections of certain fuel pumps
for cavitation erosion, replacement if necessary, revision of the
operator's existing MEL, and accomplishment of certain maintenance
actions related to defueling and ground fuel transfer operations. The
FAA issued AD 2021-16-18 to address fuel pump erosion caused by
cavitation.
Actions Since AD 2021-16-18 Was Issued
Since the FAA issued AD 2021-16-18, EASA superseded EASA AD 2020-
0283, and issued EASA AD 2022-0197, dated September 22, 2022 (EASA AD
2022-0197) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS Model A330-201, A330-202, A330-203, A330-
223, A330-223F, A330-243, A330-243F, A330-301, A330-302, A330-303,
A330-321, A330-322, A330-323, A330-341, A330-342, A330-343, A330-743L,
A330-841, A330-941, A340-211, A340-212, A340-213, A340-311, A340-312,
A340-313, A340-541, A340-542, A340-642 and A340-643 airplanes. Model
A330-743L, A340-542, and A340-643 airplanes are not certificated by the
FAA and are not included on the U.S. type certificate data sheet; this
proposed AD therefore does not include those airplanes in the
applicability.
The MCAI states that new, more erosion resistant pumps have been
developed to address the unsafe condition. The MCAI states there have
been reports of fuel pumps showing cavitation erosion. This condition,
if not detected and corrected, could result, in a case where the pump
is running dry, in an ignition source in the fuel tank, which may
result in a fuel tank explosion and consequent loss of the airplane.
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2023-0924.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2021-16-18, this proposed AD would retain the
requirements of AD 2021-16-18. Those requirements are referenced in
EASA AD 2022-0197, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0197 specifies procedures for repetitive inspections
of all affected parts; replacement of affected parts if necessary;
replacement of certain part-numbered affected parts, which allows a
terminating action for the repetitive inspections; updating of the
applicable Master Minimum Equipment List (MMEL), and certain
maintenance actions related to defueling and ground fuel transfer
operations. EASA AD 2022-0197 also prohibits
[[Page 23591]]
certain affected parts from being installed.
The FAA also reviewed Eaton Service Bulletin 8810-28-06, Revision
2, dated March 1, 2019, which defines erosion cases and breakthrough.
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 designs.
Proposed AD Requirements in This NPRM
This proposed AD would retain the requirements of AD 2021-16-18.
This proposed AD would require accomplishing the actions specified in
EASA AD 2022-0197 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.''
This proposed AD would also prohibit the installation of certain
affected parts.
Other Relevant Rulemaking
Note 4 of EASA AD 2022-0197 refers to EASA AD 2015-0194. EASA AD
2015-0194 corresponds to FAA AD 2016-20-10, Amendment 39-18676 (81 FR
71593, October 18, 2016 (AD 2016-20-10)). AD 2016-20-10 requires the
replacement of fuel pumps that have part number (P/N) P/N 568-1-28300-
001, 568-1-28300-002, 568-1-28300-100, or 568-1-28300-101 with a pump
having a part number other than those part numbers. However, operators
should be aware that this proposed AD will prohibit the installation P/
N 568-1-28300-103 as of the effective date of the AD.
AD 2016-20-10 also requires the replacement of P/N 568-1-28300-101
within 72 months or 96 months after November 22, 2016 (the effective
date of AD 2016-20-10), depending on the configuration of the installed
fuel pumps. Paragraph (5) of EASA AD 2022-0197 specifies to replace P/N
568-1-28300-101 at location A within 5 years after the effective date
of that AD. Paragraph (6) of EASA AD 2022-0197 specifies to replace P/N
568-1-28300-101 at location B within 7 years after the effective date
of that AD. These new compliance times do not apply to those affected
by AD 2016-20-10. Therefore, the FAA has clarified the compliance time
in paragraph (h)(10) of this AD.
Compliance With MEL Revision
EASA AD 2022-0197 requires operators to ``inform all flight crews''
of revisions to the MMEL, and thereafter to ``operate the aeroplane
accordingly.'' However, this proposed AD would not specifically require
those actions as they are already required by FAA regulations.
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 MEL would be redundant
and unnecessary. Further, compliance with such a requirement in an AD
would be impracticable to demonstrate or track on an ongoing basis;
therefore, a requirement to operate the airplane in such a manner would
be unenforceable.
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 2022-0197 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0197 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 2022-0197 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-
0197. Service information required by EASA AD 2022-0197 for compliance
will be available at regulations.gov under Docket No. FAA-2023-0924
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 112 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-16-18.. Up to 69 work-hours x $85 per $0 Up to $5,865.................... Up to $656,880.
hour = Up to $5,865.
New proposed action.................. Up to 7 work-hours x $85 per 9,648 Up to $10,243................... Up to $1,147,216.
hour = $595.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
[[Page 23592]]
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:
0
a. Removing Airworthiness Directive (AD) 2021-16-18, Amendment 39-21681
(86 FR 60560, dated November 3, 2021); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2023-0924; Project Identifier MCAI-2022-
01262-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 2, 2023.
(b) Affected ADs
This AD replaces AD 2021-16-18, Amendment 39-21681 (86 FR 60560,
dated November 3, 2021) (AD 2021-16-18).
(c) Applicability
This AD applies to all Airbus SAS Airplanes, certificated in any
category, and identified in paragraphs (c)(1) through (9) of this
AD.
(1) Model 330-223F and -243F airplanes.
(2) Model A330-201, -202, -203, -223, and -243 airplanes.
(3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
(4) Model A330-841 airplanes.
(5) Model A330-941 airplanes.
(6) Model A340-211, -212, and -213 airplanes.
(7) Model A340-311, -312, and -313 airplanes.
(8) Model A340-541 airplanes.
(9) Model A340-642 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by reports of a fuel pump showing
cavitation erosion that exposed the fuel pump power supply wires,
and a determination that affected fuel pumps must be replaced with
new, more erosion resistant pumps. The FAA is issuing this AD to
address fuel pump erosion caused by cavitation. If this condition is
not addressed, a pump running dry could result in a fuel tank
explosion and consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0197, dated September 22, 2022 (EASA AD 2022-0197).
(h) Exceptions to EASA AD 2022-0197
(1) Where EASA AD 2022-0197 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2022-0197 refers to ``31 December 2020 [the
effective date of EASA AD 2020-0283],'' this AD requires using
``December 8, 2021 (the effective date of AD 2021-16-18).''
(3) Where EASA AD 2022-0197 refers to ``13 December 2019 [the
effective date of EASA AD 2019-0291 at original issue],'' this AD
requires using ``November 18, 2020 (the effective date of AD 2020-
21-05, Amendment 39-21278 (85 FR 64963, October 14, 2020)).''
(4) Where EASA AD 2022-0197 refers to ``17 November 2017 [the
effective date of EASA AD 2017-0224],'' this AD requires using
``December 29, 2017 (the effective date of AD 2017-25-16, Amendment
39-19130 (82 FR 58718, December 14, 2017)).''
(5) Where EASA AD 2022-0197 refers to the master minimum
equipment list (MMEL), this AD refers to the operator's minimum
equipment list (MEL).
(6) Where paragraphs (15), (16), and (17) of EASA AD 2022-0197
specify to ``inform all flight crews, and, thereafter, operate the
aeroplane accordingly,'' this AD does not require those actions as
those actions are already required by existing FAA operating
regulations (see 14 CFR 121.628(a)(2) and 121.628(a)(5)).
(7) Where the Definitions section of EASA AD 2022-0197 specifies
``erosion cases and breakthrough'' and refers to ``Eaton Aerospace
Ltd SB 8810-28-06 Revision 2 (or later revisions),'' for this AD,
use only Eaton Service Bulletin 8810-28-06, Revision 2, dated March
1, 2019.
(8) Note 4 of EASA AD 2022-0197 refers to EASA AD 2015-0194.
EASA AD 2015-0194 corresponds to FAA AD 2016-20-10, Amendment 39-
18676 (81 FR 71593, October 18, 2016) (AD 2016-20-10).
(9) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0197.
(10) Where paragraphs (5) and (6) of EASA AD 2022-0197 specify a
compliance time to replace part number (P/N) 568-1-28300-101, for
airplanes identified in AD 2016-20-10, the compliance time to
replace fuel pumps having P/N 568-1-28300-101, or a combination of
P/N 568-1-28300-101 and certain other part numbers, is specified in
paragraphs (h)(1) and (2) of AD 2016-20-10, as applicable.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2022-0197
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (k) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or
[[Page 23593]]
changes to procedures or tests identified as RC require approval of
an AMOC.
(k) Additional Information
For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3229; email [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Eaton Service Bulletin 8810-28-06, Revision 2, dated March
1, 2019.
(ii) European Union Aviation Safety Agency (EASA) AD 2022-0197,
dated September 22, 2022 (EASA AD 2022-0197).
(3) For Eaton service information identified in this AD, contact
Eaton Limited, Customer Support, Abbey Park, Southhampton Road,
Titchfield, Fareham, Hampshire, PO14 4QA, U.K.; telephone + 01
329853000; Fax + 01 329853714.
(4) For EASA AD 2022-0197, 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.
(5) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on April 8, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07885 Filed 4-17-23; 8:45 am]
BILLING CODE 4910-13-P
