Airworthiness Directives; Airbus SAS Airplanes, 39796-39799 [2023-13011]
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Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Proposed Rules
(d) Subject
Air Transport Association (ATA) of
America Code 27, Flight controls.
(e) Unsafe Condition
This AD was prompted by reports of a high
number of events related to stall warnings
upon landing, following introduction of the
ice speed function within the stall warning
system. The FAA is issuing this AD to
address a margin to stall warning that is
lower when ice speed is ON than with ice
speed OFF. The unsafe condition, if not
addressed, could lead to inappropriate stall
warnings during the landing phase and result
in increased pilot workload during a critical
phase of flight.
(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, EASA AD 2022–0216R1.
(h) Exceptions to EASA AD 2022–0216R1
(1) Where EASA AD 2022–0216R1 refers to
November 16, 2022 (the effective date of
EASA AD 2022–0216), this AD requires using
the effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2022–0216R1 does not apply to this AD.
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(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.
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 Saab AB, Support
and Services’ EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(j) Additional Information
For more information about this AD,
contact Shahram Daneshmandi, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
206–231–3220; email
Shahram.Daneshmandi@faa.gov.
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(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 2022–0216R1, dated February 1,
2023; corrected February 2, 2023.
(ii) [Reserved]
(3) For EASA AD 2022–0216R1, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; website
easa.europa.eu. You may find this EASA AD
on the EASA website at ad.easa.europa.eu.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on June 12, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–12927 Filed 6–16–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1217; Project
Identifier MCAI–2023–00477–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus SAS Model A330–200 series;
A330–200 Freighter series; A330–300
series; A330–800 series; A330–900
series; A340–200 series; and A340–300
series airplanes. This proposed AD was
prompted by reports of cracks found in
the scroll housing assembly of
Honeywell GTCP331–350 auxiliary
power units (APUs). This proposed AD
would require replacing each affected
SUMMARY:
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APU or re-identifying certain APU scroll
housing assemblies, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is proposed for
incorporation by reference (IBR). This
proposed AD would also prohibit the
installation of affected parts under
certain conditions. 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 August 4, 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–2023–1217; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For EASA material that is proposed
for IBR in this NPRM, contact EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find
this material on the EASA website at
ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA–
2023–1217.
• For Honeywell service information
identified in this NPRM, contact
Honeywell International, Inc., 111
South 34th Street, Phoenix, AZ 85034;
phone: (800) 601–3099; fax: (602) 365–
5577; website:
myaerospace.honeywell.com/wps/
portal.
• 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:
Timothy Dowling, Aviation Safety
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Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone
206–231–3667; email
Timothy.P.Dowling@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–2023–1217; Project Identifier
MCAI–2023–00477–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 Timothy Dowling,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; phone 206–231–3667; email
Timothy.P.Dowling@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.
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Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2023–0056,
dated March 16, 2023 (EASA AD 2023–
0056) (also referred to as the MCAI), to
correct an unsafe condition for all
Airbus SAS Model 330–201, –202, –203,
–223, –223F, –243, –243F, –301, –302,
–303, –321, –322, –323, –341, –342,
–343, –841, –941, and –743L airplanes,
and Model A340–211, –212, –213, –311,
–312, and –313 airplanes. Model A330–
743L 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 cracks were found in
the scroll housing assembly of
Honeywell GTCP331–350 APUs. This
condition, if not addressed, could lead
to hot air leakage and consequent
damage to the APU compartment and
loss of the APU doors, possibly resulting
in damage to 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–2023–1217.
Related Service Information Under 1
CFR Part 51
EASA AD 2023–0056 specifies
procedures for replacing each affected
APU or re-identifying certain APU scroll
housing assemblies (those having part
number (P/N) 5053–181–001–501 or P/
N 0331207990 and ‘SR–1’ next to the
part number marking). EASA AD 2023–
0056 also prohibit the installation of
affected parts under certain conditions.
Honeywell Service Bulletin 5053–
181–49–7895, dated July 21, 2006,
specifies procedures for, among other
actions, re-identifying affected APU
scroll housing assemblies. While
Honeywell distributes this document,
Aeronamic develops the technical
content.
This material is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in ADDRESSES.
FAA’s Determination
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
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bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI and service information
referenced above. The FAA is issuing
this NPRM after determining that the
unsafe condition described previously is
likely to exist or develop in other
products of the same type design.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2023–0056 described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate EASA AD 2023–0056 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2023–0056
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 2023–0056 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 2023–0056.
Service information required by EASA
AD 2023–0056 for compliance will be
available at regulations.gov under
Docket No. FAA–2023–1217 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 128
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Cost per
product
Parts cost
Up to 18 work-hours × $85 per hour = $1,530 (replace APU) ...........................................
Up to 20 work-hours × $85 per hour = $1,700 (re-identify APU scroll housing assembly)
$1,612,820
3,141
Up to $1,614,350 ...
Up to $4,841 ..........
Cost on U.S.
operators
(*)
(*)
* Operators have the option to replace the APU or re-identify the APU scroll housing assembly. Replacement or re-identification is only required if an affected part is installed on an airplane. The FAA has no way of knowing how many affected parts are installed on U.S.-registered
airplanes or which option an operator will choose for a given airplane with an affected part. Therefore, the FAA has no definitive data on which to
provide a fleet cost estimate for the required 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.
Regulatory Findings
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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,
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the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Airbus SAS: Docket No. FAA–2023–1217;
Project Identifier MCAI–2023–00477–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by August 4,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS
airplanes specified in paragraphs (c)(1)
through (7) of this AD, certificated in any
category.
(1) Model A330–201, –202, –203, –223, and
–243 airplanes.
(2) Model A330–223F and –243F airplanes.
(3) Model A330–301, –302, –303, –321,
–322, –323, –341, –342, and –343 airplanes.
(4) Model A330–841 airplanes.
(5) Model A330–941 airplanes.
(6) Model A340–211, –212, and –213
airplanes.
(7) Model A340–311, –312, and –313
airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 49, Airborne auxiliary power.
(e) Unsafe Condition
This AD was prompted by reports of cracks
found in the scroll housing assembly of
Honeywell GTCP331–350 auxiliary power
units (APUs). The FAA is issuing this AD to
address such cracks. The unsafe condition, if
not addressed, could result in hot air leakage
and consequent damage to the APU
compartment and loss of the APU doors,
possibly resulting in damage to the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(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 2023–0056, dated
March 16, 2023 (EASA AD 2023–0056).
(h) Exceptions to EASA AD 2023–0056
(1) Where EASA AD 2023–0056 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0056.
(3) Where EASA AD 2023–0056 specifies
to re-identify an SR–1 affected part ‘‘in
accordance with the instructions of the SB,’’
for this AD, operators must use Honeywell
Service Bulletin 5053–181–49–7895, dated
July 21, 2006.
Note 1 to paragraph (h)(3): Honeywell
distributes this document; Aeronamic
develops the technical content.
(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.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or EASA; or Airbus SAS’s
EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must
include the DOA-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (i)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
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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 Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone 206–231–
3667; email Timothy.P.Dowling@faa.gov.
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(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 2023–0056, dated March 16,
2023.
(ii) Honeywell Service Bulletin 5053–181–
49–7895, dated July 21, 2006.
Note 2 to paragraph (k)(2)(ii): Honeywell
distributes this document; Aeronamic
develops the technical content.
(3) For EASA AD 2023–0056, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; website
easa.europa.eu. You may find this EASA AD
on the EASA website at ad.easa.europa.eu.
(4) For Honeywell service information
identified in this AD, contact Honeywell
service information identified in this AD,
contact Honeywell International, Inc., 111
South 34th Street, Phoenix, AZ 85034;
phone: (800) 601–3099; fax: (602) 365–5577;
website: myaerospace.honeywell.com/wps/
portal.
(5) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(6) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on June 13, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
BILLING CODE 4910–13–P
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Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0456]
RIN 1625–AA00
Safety Zone; Lake Erie, Cleveland, OH
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish an annually recurring safety
zone for certain waters of Lake Erie.
This action is necessary to provide for
the safety of life on these navigable
waters near Cleveland, OH, during the
Tri CLE Rock and Roll Run. This
proposed rulemaking would prohibit
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port Buffalo or a
designated representative. We invite
your comments on this proposed
rulemaking.
SUMMARY:
(k) Material Incorporated by Reference
[FR Doc. 2023–13011 Filed 6–16–23; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Comments and related material
must be received by the Coast Guard on
or before July 20, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0456 using the Federal DecisionMaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, call or email LT Jared
Stevens, Waterways Management
Division, MSU Cleveland, U.S. Coast
Guard; telephone 216–937–0124, email
Jared.M.Stevens@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On April 19, 2023, Tri CLE Rock Roll
Run notified the Coast Guard that it will
be sponsoring a triathlon on August 11
and 12, 2023, and then again annually
on or around the second or third
weekend in August every year after. The
triathlon is to take place in the North
Coast Harbor and into the West Basin
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39799
Channel in Cleveland, OH. The Captain
of the Port Buffalo (COTP) has
determined that a safety zone covering
navigable waters and tributaries of Lake
Erie within the North Coast Harbor and
the West Basin Channel in Cleveland,
OH, is needed to protect participants
during the swimming portion of the
triathlon.
The purpose of this rulemaking is to
ensure the safety of participants and the
navigable waters within the course of
the swimming portion of the triathlon
before, during, and after the scheduled
marine event. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
permanent safety zone in order to
protect participants during the
swimming portion of the triathlon. The
safety zone would cover all navigable
waters and tributaries of Lake Erie
within the North Coast Harbor and
immediately adjacent waters in
Cleveland, OH; the boundaries of the
safety zone would form a rectangle with
the four corners of the polygon located
in the following positions: (1) 41°30′41″
N, 081°42′01″ W; (2) 41°30′47″ N,
081°41′53″ W; (3) 41°30′32″ N, 081
41′39″ W; (4) 41° 30′27″ N, 081°41′47″
W. The duration of the zone is intended
to ensure the safety of participants in
these navigable waters before, during,
and after the swim portion of the Tri
CLE Rock Roll Run triathlon. The event
will then reoccur on an annual basis on
or around the second or third weekend
in August. Exact dates and times of
enforcement will be made public via
notice of enforcement prior to the event
date. No vessel or person would be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
E:\FR\FM\20JNP1.SGM
20JNP1
]]>Agencies
[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Proposed Rules]
[Pages 39796-39799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13011]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1217; Project Identifier MCAI-2023-00477-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A330-200 series; A330-200 Freighter series;
A330-300 series; A330-800 series; A330-900 series; A340-200 series; and
A340-300 series airplanes. This proposed AD was prompted by reports of
cracks found in the scroll housing assembly of Honeywell GTCP331-350
auxiliary power units (APUs). This proposed AD would require replacing
each affected APU or re-identifying certain APU scroll housing
assemblies, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference (IBR). This
proposed AD would also prohibit the installation of affected parts
under certain conditions. 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 August 4,
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-2023-1217; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For EASA material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu. It is
also available at regulations.gov under Docket No. FAA-2023-1217.
For Honeywell service information identified in this NPRM,
contact Honeywell International, Inc., 111 South 34th Street, Phoenix,
AZ 85034; phone: (800) 601-3099; fax: (602) 365-5577; website:
myaerospace.honeywell.com/wps/portal.
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: Timothy Dowling, Aviation Safety
[[Page 39797]]
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone 206-231-3667; 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-2023-1217; Project Identifier
MCAI-2023-00477-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
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone 206-231-3667; email
[email protected]. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0056, dated March 16, 2023
(EASA AD 2023-0056) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model 330-201, -202, -203, -223, -
223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, -
343, -841, -941, and -743L airplanes, and Model A340-211, -212, -213, -
311, -312, and -313 airplanes. Model A330-743L 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 cracks were
found in the scroll housing assembly of Honeywell GTCP331-350 APUs.
This condition, if not addressed, could lead to hot air leakage and
consequent damage to the APU compartment and loss of the APU doors,
possibly resulting in damage to 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-2023-1217.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0056 specifies procedures for replacing each affected
APU or re-identifying certain APU scroll housing assemblies (those
having part number (P/N) 5053-181-001-501 or P/N 0331207990 and `SR-1'
next to the part number marking). EASA AD 2023-0056 also prohibit the
installation of affected parts under certain conditions.
Honeywell Service Bulletin 5053-181-49-7895, dated July 21, 2006,
specifies procedures for, among other actions, re-identifying affected
APU scroll housing assemblies. While Honeywell distributes this
document, Aeronamic develops the technical content.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0056 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0056 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0056 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 2023-0056 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 2023-
0056. Service information required by EASA AD 2023-0056 for compliance
will be available at regulations.gov under Docket No. FAA-2023-1217
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 128 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
[[Page 39798]]
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 18 work-hours x $85 per hour = $1,612,820 Up to $1,614,350............... (*)
$1,530 (replace APU).
Up to 20 work-hours x $85 per hour = 3,141 Up to $4,841................... (*)
$1,700 (re-identify APU scroll
housing assembly).
----------------------------------------------------------------------------------------------------------------
* Operators have the option to replace the APU or re-identify the APU scroll housing assembly. Replacement or re-
identification is only required if an affected part is installed on an airplane. The FAA has no way of knowing
how many affected parts are installed on U.S.-registered airplanes or which option an operator will choose for
a given airplane with an affected part. Therefore, the FAA has no definitive data on which to provide a fleet
cost estimate for the required 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.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Airbus SAS: Docket No. FAA-2023-1217; Project Identifier MCAI-2023-
00477-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by August 4, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes specified in
paragraphs (c)(1) through (7) of this AD, certificated in any
category.
(1) Model A330-201, -202, -203, -223, and -243 airplanes.
(2) Model A330-223F and -243F airplanes.
(3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
(4) Model A330-841 airplanes.
(5) Model A330-941 airplanes.
(6) Model A340-211, -212, and -213 airplanes.
(7) Model A340-311, -312, and -313 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 49, Airborne
auxiliary power.
(e) Unsafe Condition
This AD was prompted by reports of cracks found in the scroll
housing assembly of Honeywell GTCP331-350 auxiliary power units
(APUs). The FAA is issuing this AD to address such cracks. The
unsafe condition, if not addressed, could result in hot air leakage
and consequent damage to the APU compartment and loss of the APU
doors, possibly resulting in damage to 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
2023-0056, dated March 16, 2023 (EASA AD 2023-0056).
(h) Exceptions to EASA AD 2023-0056
(1) Where EASA AD 2023-0056 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0056.
(3) Where EASA AD 2023-0056 specifies to re-identify an SR-1
affected part ``in accordance with the instructions of the SB,'' for
this AD, operators must use Honeywell Service Bulletin 5053-181-49-
7895, dated July 21, 2006.
Note 1 to paragraph (h)(3): Honeywell distributes this document;
Aeronamic develops the technical content.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's
[[Page 39799]]
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 Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone 206-231-3667; 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 2023-0056,
dated March 16, 2023.
(ii) Honeywell Service Bulletin 5053-181-49-7895, dated July 21,
2006.
Note 2 to paragraph (k)(2)(ii): Honeywell distributes this
document; Aeronamic develops the technical content.
(3) For EASA AD 2023-0056, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) For Honeywell service information identified in this AD,
contact Honeywell service information identified in this AD, contact
Honeywell International, Inc., 111 South 34th Street, Phoenix, AZ
85034; phone: (800) 601-3099; fax: (602) 365-5577; website:
myaerospace.honeywell.com/wps/portal.
(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 June 13, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-13011 Filed 6-16-23; 8:45 am]
BILLING CODE 4910-13-P
