Airworthiness Directives; Airbus SAS Airplanes, 42611-42614 [2023-14002]
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Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Rules and Regulations
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2020–07–13, Amendment 39–
19892 (85 FR 20394, April 13, 2020);
and
■ b. Adding the following new AD:
■
■
2023–12–06 Bombardier, Inc.: Amendment
39–22464; Docket No. FAA–2023–0662;
Project Identifier MCAI–2022–00745–T.
(a) Effective Date
This airworthiness directive (AD) is
effective August 7, 2023.
(b) Affected ADs
This AD replaces AD 2020–07–13,
Amendment 39–19892 (85 FR 20394, April
13, 2020) (AD 2020–07–13).
(c) Applicability
This AD applies to Bombardier, Inc.,
Model BD–100–1A10 airplanes, certificated
in any category, serial numbers 20003
through 20500 inclusive, and 20501 through
20867 inclusive.
(d) Subject
Air Transport Association (ATA) of
America Code 22, Auto flight.
(e) Reason
This AD was prompted by a report that
during altitude capture flight, the flight
guidance/autopilot does not account for
engine failure while capturing an altitude.
The FAA is issuing this AD to address the
occurrence of an engine failure during or
before a climb while in altitude capture
flight. The unsafe condition, if not addressed,
could cause the airspeed to drop significantly
below the safe operating speed and may
require prompt flightcrew intervention to
maintain a safe operating speed.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Revision of Existing Airplane Flight
Manual (AFM)
Within 30 days after the effective date of
this AD, revise the existing AFM to include
the information specified in ‘‘Autoflight’’
procedure in Section 02–04, ‘‘System
Limitations,’’ of the LIMITATIONS section,
and ‘‘Engine Failure in Climb During (V)
ALTS CAP or (V) ALTV CAP,’’ procedure in
Section 03–32, ‘‘Powerplant,’’ of the
EMERGENCY PROCEDURES section; of the
Bombardier Challenger 300 Airplane Flight
Manual (Imperial Version), Publication No.
CSP 100–1, Revision 69, dated July 4, 2022
(for airplanes having serial numbers 20003
through 20500 inclusive); or the Bombardier
Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 34,
dated June 14, 2022 (for airplanes having
serial numbers 20501 through 20867
inclusive); as applicable.
Note 1 to paragraph (g): For obtaining the
procedures for Bombardier Challenger 300
AFM (Imperial Version), Publication No. CSP
100–1, use Document Identification No. CH
300 AFM–I.
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Note 2 to paragraph (g): For obtaining the
procedures for Bombardier Challenger 350
AFM, Publication No. CH 350 AFM, use
Document Identification No. CH 350 AFM.
(h) Additional AD Provisions
(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 manager of the International Validation
Branch, mail it to ATTN: Program Manager,
Continuing Operational Safety, at the address
identified in paragraph (i)(2) of this AD or
email to: 9-avs-nyaco-cos@faa.gov. If mailing
information, also submit information by
email. 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 Transport Canada; or
Bombardier, Inc.’s Transport Canada Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
(i) Additional Information
(1) Refer to Transport Canada AD CF–
2019–12R1, dated June 9, 2022, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–0662.
(2) For more information about this AD,
contact Steven Dzierzynski, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7367; email 9-avs-nyaco-cos@faa.gov.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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) Section 02–04, ‘‘Systems Limitations,’’
of the LIMITATIONS section, of the
Bombardier Challenger 300 Airplane Flight
Manual (Imperial Version), Publication No.
CSP 100–1, Revision 69, dated July 4, 2022.
Note 1 to paragraph (j)(2)(i) of this AD:
This note applies to paragraphs (j)(2)(i) and
(ii). For obtaining the procedures for
Bombardier Challenger 300 AFM (Imperial
Version), Publication No. CSP 100–1, use
Document Identification No. CH 300 AFM–
I.
(ii) Section 03–32, ‘‘Powerplant,’’ of the
EMERGENCY PROCEDURES section, of the
Bombardier Challenger 300 Airplane Flight
Manual (Imperial Version), Publication No.
CSP 100–1, Revision 69, dated July 4, 2022.
(iii) Section 02–04, ‘‘Systems Limitations,’’
of the LIMITATIONS section, of the
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42611
Bombardier Challenger 350 Airplane Flight
Manual, Publication No. CH 350 AFM,
Revision 34, dated June 14, 2022.
Note 2 to paragraph (j)(2)(iii): This note
applies to paragraphs (j)(2)(iii) and (iv) of this
AD. For obtaining the procedures for
Bombardier Challenger 350 AFM, Publication
No. CH 350 AFM, use Document
Identification No. CH 350 AFM.
(iv) Section 03–32, ‘‘Powerplant,’’ of the
EMERGENCY PROCEDURES section, of the
Bombardier Challenger 350 Airplane Flight
Manual, Publication No. CH 350 AFM,
Revision 34, dated June 14, 2022.
(3) For service information identified in
this AD, contact Bombardier Business
Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9,
Canada; telephone 514–855–2999; email
ac.yul@aero.bombardier.com; website
bombardier.com.
(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 13, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–14003 Filed 6–30–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0669; Project
Identifier MCAI–2022–01238–T; Amendment
39–22459; AD 2023–12–01]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2006–10–
13, which applied to all Airbus SAS
Model A330–223, –321, –322, and –323
airplanes. AD 2006–10–13 required
repetitive inspections of the firewall of
the lower aft pylon fairing (LAPF), and
corrective actions if necessary. AD
2006–10–13 also provided an optional
terminating action for the repetitive
inspections. This AD was prompted by
SUMMARY:
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Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Rules and Regulations
the design of an updated LAPF, the
installation of which constitutes
terminating action for the repetitive
inspection required by AD 2006–10–13.
This AD continues to require the actions
specified in AD 2006–10–13, provides
new optional terminating actions, and
changes the applicability to exclude
certain airplanes; as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is incorporated by
reference. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective August 7,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 7, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–0669; 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 final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For the material incorporated by
reference in this AD, 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.
• You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket at
regulations.gov under Docket No. FAA–
2023–0669.
FOR FURTHER INFORMATION CONTACT: Tim
Dowling, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206–
231–3667; email timothy.p.dowling@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2006–10–13,
Amendment 39–14597 (71 FR 28250,
May 16, 2006) (AD 2006–10–13). AD
2006–10–13 applied to all Airbus SAS
Model A330–223, –321, –322, and –323
airplanes. AD 2006–10–13 required
repetitive inspections of the firewall of
the LAPF, and corrective actions if
necessary. AD 2006–10–13 also
provided an optional terminating action
for the repetitive inspections. The FAA
issued AD 2006–10–13 to address
cracking of the LAPF firewall, which
could reduce the effectiveness of the
firewall and result in an uncontrolled
engine fire.
The NPRM published in the Federal
Register on April 11, 2023 (88 FR
21540). The NPRM was prompted by
AD 2022–0190, dated September 14,
2022, issued by EASA, which is the
Technical Agent for the Member States
of the European Union (EASA AD 2022–
0190) (also referred to as the MCAI). The
MCAI states that since Direction
Ge´ne´rale de l’Aviation Civile (DGAC)
France AD F–2004–028 R2 was issued,
Airbus designed an updated LAPF, the
installation of which also constitutes
terminating action for the repetitive
inspections required by DGAC France
AD F–2004–028 R2. EASA AD 2022–
0190 retains the requirements of DGAC
France AD F–2004–028 R2, and
includes reference to an additional
optional terminating action
modification. EASA AD 2022–0190 also
excludes airplanes on which the
optional terminating action was
embodied in production from its
applicability.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–0669.
In the NPRM, the FAA proposed to
continue to require the actions specified
in AD 2006–10–13, provide new
optional terminating actions, and
change the applicability to exclude
certain airplanes, as specified in EASA
AD 2022–0190. The FAA is issuing this
AD to address cracking of the LAPF
firewall, which could reduce the
effectiveness of the firewall and result
in an uncontrolled engine fire.
Discussion of Final Airworthiness
Directive
Comments
The FAA received comments from
The Air Line Pilots Association,
International (ALPA) who supported the
NPRM without change.
Conclusion
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 referenced above. The FAA
reviewed the relevant data, considered
the comment received, and determined
that air safety requires adopting this AD
as proposed. Accordingly, the FAA is
issuing this AD to address the unsafe
condition on this product. Except for
minor editorial changes, this AD is
adopted as proposed in the NPRM.
None of the changes will increase the
economic burden on any operator.
Related Service Information Under 1
CFR Part 51
EASA AD 2022–0190 specifies
procedures for repetitively inspecting
each LAPF firewall for cracks, and
performing corrective actions, including
stop-drilling the crack and applying
sealants, and repairing the LAPF
firewall. EASA AD 2022–0190 also
specifies terminating actions for the
repetitive inspections, including
modifying and reidentifying the LAPF
or replacing the LAPF with an LAPF
having part number 72A100–713. 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.
Costs of Compliance
The FAA estimates that this AD
affects 41 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Retained actions from AD 2006–10–13 .........
7 work-hours × $85 per hour = $595 .............
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Cost per
product
Parts cost
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$0
03JYR1
$595
Cost on U.S.
operators
$24,395
Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Rules and Regulations
42613
ESTIMATED COSTS FOR OPTIONAL ACTIONS
Labor cost
Parts cost
Cost per
product
14 work-hours × $85 per hour = $1,190 .................................................................................................................
$120,000
$121,190
The FAA estimates the following
costs to do any necessary on-condition
actions that would be required based on
the results of any required or optional
actions. The FAA has no way of
determining the number of aircraft that
might need these on-condition actions:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per
product
7 work-hours × $85 per hour = $595 ......................................................................................................................
$120,000
$120,595
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
develop on products identified in this
rulemaking action.
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Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will 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 that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2006–10–13, Amendment 39–
14597 (71 FR 28250, May 16, 2006); and
■ b. Adding the following new AD:
■
■
2023–12–01 Airbus SAS: Amendment 39–
22459; Docket No. FAA–2023–0669;
Project Identifier MCAI–2022–01238–T.
(a) Effective Date
This airworthiness directive (AD) is
effective August 7, 2023.
(b) Affected ADs
This AD replaces AD 2006–10–13,
Amendment 39–14597 (71 FR 28250, May 16,
2006) (AD 2006–10–13).
(c) Applicability
This AD applies to Airbus SAS Model
A330–223, A330–321, A330–322, and A330–
323 airplanes, certificated in any category, as
identified in European Union Aviation Safety
Agency (EASA) AD 2022–0190, dated
September 14, 2022 (EASA AD 2022–0190).
(d) Subject
Air Transport Association (ATA) of
America Code 54, Nacelles/pylons.
(e) Unsafe Condition
This AD was prompted by reports of
cracking of the lower aft pylon fairing (LAPF)
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Sfmt 4700
firewall, and by the development of an
optional terminating replacement. The FAA
is issuing this AD to address this cracking,
which could reduce the effectiveness of the
firewall and result in an uncontrolled engine
fire.
(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, EASA AD 2022–
0190.
(h) Exceptions to EASA AD 2022–0190
(1) Where EASA AD 2022–0190 refers to
‘‘28 February 2004 [the effective date of
DGAC France AD F–2004–028 at original
issue],’’ this AD requires using June 20, 2006
(the effective date of AD 2006–10–13).
(2) For any airplane on which a crack has
been found and a stop-drill of the crack and
sealant application has not been done as
specified in paragraph (4.1) of EASA AD
2022–0190 as of the effective date of this AD:
Within 30 days after the effective date of this
AD, accomplish the actions specified in
paragraph (4.1) of EASA AD 2022–0190.
(3) Where paragraph (2) of EASA AD 2022–
0190 specifies a crack length, replace the text
‘‘up to 30.48 mm’’ with ‘‘less than or equal
to 30.48 mm (1.2 inches).’’
(4) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2022–0190.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2022–0190 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.
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Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Rules and Regulations
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.
(i) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office. (ii)
AMOCs approved previously for AD 2006–
10–13 in FAA Letters ANM–116–17–235 and
AIR–676–20–117 are approved as AMOCs for
the corresponding provisions of EASA AD
2022–0190 that are required by paragraph (g)
of this AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or EASA; or Airbus SAS’s
EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must
include the DOA-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (j)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
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(k) Additional Information
For more information about this AD,
contact Tim Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 206–
231–3667; email timothy.p.dowling@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) European Union Aviation Safety Agency
(EASA) AD 2022–0190, dated September 14,
2022.
(ii) [Reserved]
(3) For EASA AD 2022–0190, 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 material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
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(5) You may view this material 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 7, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–14002 Filed 6–30–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2023–0501; Airspace
Docket No. 23–AWP–3]
RIN 2120–AA66
Amendment of Very High Frequency
(VHF) Omnidirectional Range (VOR)
Federal Airways V–6, V–338, V–494,
and United States Area Navigation
(RNAV) Route T–331
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
AGENCY:
This action corrects a final
rule published by the FAA in the
Federal Register on May 15, 2023, that
amends the Very High Frequency (VHF)
Omnidirectional Range (VOR) Federal
airways V–6, V–338, V–494, and United
States Area Navigation (RNAV) route T–
331 descriptions to reflect the name
change from the Squaw Valley, CA,
VOR/Distance Measuring Equipment
(DME) navigational aid (NAVAID) to the
Palisades, CA, VOR/DME. The
description of V–6 in the final rule
contained segments that were
previously revoked as published by the
FAA in the Federal Register on January
17, 2023. This action makes editorial
corrections to the description of V–6.
DATES: Effective date 0901 UTC, August
10, 2023. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.11 and publication of
conforming amendments.
ADDRESSES: A copy of the final rule, this
final rule correction, and all background
material may be viewed online at
www.regulations.gov using the FAA
Docket number. Electronic retrieval help
and guidelines are available on the
website. It is available 24 hours each
day, 365 days each year.
SUMMARY:
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FAA Order 7400.11G, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at https://www.faa.gov/air_
traffic/publications/. For further
information, you can contact the Rules
and Regulations Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Steven Roff, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
History
The FAA published a final rule in the
Federal Register for Docket No. FAA–
2022–1113 (88 FR 2504; January 17,
2023), that amended VOR Federal
airway V–6 in the vicinity of Litchfield,
MI. The amendment revoked a segment
of the airway between the intersection
of the Chicago Heights, IL, VORTAC
358° and Gipper, MI, VORTAC 271°
radials (NILES Fix), and the Gipper, MI,
VORTAC.
The FAA published a final rule in the
Federal Register for Docket No. FAA–
2023–0501 (88 FR 30896; May 15, 2023),
amending the VOR Federal airway V–6
description to reflect the name change
from the Squaw Valley, CA, VOR/DME
NAVAID to the Palisades, CA, VOR/
DME. In this airspace action the
segment of V–6 between the intersection
of the Chicago Heights, IL, VORTAC
358° and Gipper, MI, VORTAC 271°
radials (NILES Fix), and the Gipper, MI,
VORTAC was included in the
description in error.
This action corrects this error by
removing the segment of V–6 between
the intersection of the Chicago Heights,
IL, VORTAC 358° and Gipper, MI,
VORTAC 271° radials (NILES Fix), and
the Gipper, MI, VORTAC from the
airway description. No other portion of
the airway is affected by this rule.
Correction to Final Rule
Accordingly, pursuant to the authority
delegated to me, in Docket No. FAA–
2023–0501, as published in the Federal
Register of May 15, 2023 (88 FR 30896),
FR Doc. 2023–10280, on page 30897, in
the second and third columns, the
airway route description for V–6 is
corrected to read as follows:
■
V–6 [Corrected]
From Oakland, CA; INT Oakland 039° and
Sacramento, CA, 212° radials; Sacramento;
Palisades, CA; Mustang, NV; Lovelock, NV;
Battle Mountain, NV; INT Battle Mountain
062° and Wells, NV, 256° radials; Wells; 5
E:\FR\FM\03JYR1.SGM
03JYR1
]]>Agencies
[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Rules and Regulations]
[Pages 42611-42614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14002]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0669; Project Identifier MCAI-2022-01238-T;
Amendment 39-22459; AD 2023-12-01]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2006-10-
13, which applied to all Airbus SAS Model A330-223, -321, -322, and -
323 airplanes. AD 2006-10-13 required repetitive inspections of the
firewall of the lower aft pylon fairing (LAPF), and corrective actions
if necessary. AD 2006-10-13 also provided an optional terminating
action for the repetitive inspections. This AD was prompted by
[[Page 42612]]
the design of an updated LAPF, the installation of which constitutes
terminating action for the repetitive inspection required by AD 2006-
10-13. This AD continues to require the actions specified in AD 2006-
10-13, provides new optional terminating actions, and changes the
applicability to exclude certain airplanes; as specified in a European
Union Aviation Safety Agency (EASA) AD, which is incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective August 7, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 7,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0669; 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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For the material incorporated by reference in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-0669.
FOR FURTHER INFORMATION CONTACT: Tim Dowling, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3667; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2006-10-13, Amendment 39-14597 (71 FR
28250, May 16, 2006) (AD 2006-10-13). AD 2006-10-13 applied to all
Airbus SAS Model A330-223, -321, -322, and -323 airplanes. AD 2006-10-
13 required repetitive inspections of the firewall of the LAPF, and
corrective actions if necessary. AD 2006-10-13 also provided an
optional terminating action for the repetitive inspections. The FAA
issued AD 2006-10-13 to address cracking of the LAPF firewall, which
could reduce the effectiveness of the firewall and result in an
uncontrolled engine fire.
The NPRM published in the Federal Register on April 11, 2023 (88 FR
21540). The NPRM was prompted by AD 2022-0190, dated September 14,
2022, issued by EASA, which is the Technical Agent for the Member
States of the European Union (EASA AD 2022-0190) (also referred to as
the MCAI). The MCAI states that since Direction G[eacute]n[eacute]rale
de l'Aviation Civile (DGAC) France AD F-2004-028 R2 was issued, Airbus
designed an updated LAPF, the installation of which also constitutes
terminating action for the repetitive inspections required by DGAC
France AD F-2004-028 R2. EASA AD 2022-0190 retains the requirements of
DGAC France AD F-2004-028 R2, and includes reference to an additional
optional terminating action modification. EASA AD 2022-0190 also
excludes airplanes on which the optional terminating action was
embodied in production from its applicability.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0669.
In the NPRM, the FAA proposed to continue to require the actions
specified in AD 2006-10-13, provide new optional terminating actions,
and change the applicability to exclude certain airplanes, as specified
in EASA AD 2022-0190. The FAA is issuing this AD to address cracking of
the LAPF firewall, which could reduce the effectiveness of the firewall
and result in an uncontrolled engine fire.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from The Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
Conclusion
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
referenced above. The FAA reviewed the relevant data, considered the
comment received, and determined that air safety requires adopting this
AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on this product. Except for minor editorial changes,
this AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0190 specifies procedures for repetitively inspecting
each LAPF firewall for cracks, and performing corrective actions,
including stop-drilling the crack and applying sealants, and repairing
the LAPF firewall. EASA AD 2022-0190 also specifies terminating actions
for the repetitive inspections, including modifying and reidentifying
the LAPF or replacing the LAPF with an LAPF having part number 72A100-
713. 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.
Costs of Compliance
The FAA estimates that this AD affects 41 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2006-10-13... 7 work-hours x $85 per $0 $595 $24,395
hour = $595.
----------------------------------------------------------------------------------------------------------------
[[Page 42613]]
Estimated Costs for Optional Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
14 work-hours x $85 per hour = $1,190. $120,000 $121,190
------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required or optional actions. The FAA has no way of determining the
number of aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
7 work-hours x $85 per hour = $595.... $120,000 $120,595
------------------------------------------------------------------------
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 develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will 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 Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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) 2006-10-13, Amendment 39-14597
(71 FR 28250, May 16, 2006); and
0
b. Adding the following new AD:
2023-12-01 Airbus SAS: Amendment 39-22459; Docket No. FAA-2023-0669;
Project Identifier MCAI-2022-01238-T.
(a) Effective Date
This airworthiness directive (AD) is effective August 7, 2023.
(b) Affected ADs
This AD replaces AD 2006-10-13, Amendment 39-14597 (71 FR 28250,
May 16, 2006) (AD 2006-10-13).
(c) Applicability
This AD applies to Airbus SAS Model A330-223, A330-321, A330-
322, and A330-323 airplanes, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2022-
0190, dated September 14, 2022 (EASA AD 2022-0190).
(d) Subject
Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.
(e) Unsafe Condition
This AD was prompted by reports of cracking of the lower aft
pylon fairing (LAPF) firewall, and by the development of an optional
terminating replacement. The FAA is issuing this AD to address this
cracking, which could reduce the effectiveness of the firewall and
result in an uncontrolled engine fire.
(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, EASA AD 2022-0190.
(h) Exceptions to EASA AD 2022-0190
(1) Where EASA AD 2022-0190 refers to ``28 February 2004 [the
effective date of DGAC France AD F-2004-028 at original issue],''
this AD requires using June 20, 2006 (the effective date of AD 2006-
10-13).
(2) For any airplane on which a crack has been found and a stop-
drill of the crack and sealant application has not been done as
specified in paragraph (4.1) of EASA AD 2022-0190 as of the
effective date of this AD: Within 30 days after the effective date
of this AD, accomplish the actions specified in paragraph (4.1) of
EASA AD 2022-0190.
(3) Where paragraph (2) of EASA AD 2022-0190 specifies a crack
length, replace the text ``up to 30.48 mm'' with ``less than or
equal to 30.48 mm (1.2 inches).''
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0190.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2022-0190
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.
[[Page 42614]]
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].
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office. (ii) AMOCs approved
previously for AD 2006-10-13 in FAA Letters ANM-116-17-235 and AIR-
676-20-117 are approved as AMOCs for the corresponding provisions of
EASA AD 2022-0190 that are required by paragraph (g) of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(k) Additional Information
For more information about this AD, contact Tim Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3667; 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) European Union Aviation Safety Agency (EASA) AD 2022-0190,
dated September 14, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0190, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195.
(5) You may view this material 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 7, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-14002 Filed 6-30-23; 8:45 am]
BILLING CODE 4910-13-P
