Airworthiness Directives; Airbus SAS Airplanes, 46057-46060 [2023-15225]
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Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Rules and Regulations
• The FAA added a diagram as figure 1
for clarity and improve
understanding.
• The FAA added a definition of the
‘‘stair-step method’’ to sections 1 and
2.
• The FAA changed ‘‘the log-linear
interpolation’’ to ‘‘a log-linear
interpolation,’’ as both terms are
equivalent.
• The FAA changed ‘‘line losses’’ to
‘‘cable losses’’ for consistency in
terminology.
• The FAA moved the discussion of the
5G spurious PSD formula from
paragraph 2.c to the introductory part
of section 2.
Dassault asked whether the
performance criteria in the policy
section only applies to the transceiver.
The performance criteria applies to the
installed radio altimeter system. The
FAA notes that the equations include
terms to characterize the performance of
the entire system. The FAA has replaced
four instances of ‘‘radio altimeter’’ with
‘‘radio altimeter system’’ to clarify.
The FAA disagreed with the Aviation
Coalition’s request to revise the
language in paragraph 2.a regarding base
stations. The statement is correct as
written, as it is a factual definition of 5G
base station and aircraft compatibility.
For clarity, the FAA moved the
statement to the policy section before
section 1 as background information.
ddrumheller on DSK120RN23PROD with RULES1
E. Request for the FAA To Withdraw the
Policy
A4A requested the FAA withdraw the
proposed policy because operators who
are not DAHs do not have the data and
information to show compliance with
the methods in the policy without
significant assistance from aircraft
original equipment manufacturers
(OEMs) and radio altimeter
manufacturers. A4A stated this would
be infeasible given the short compliance
timeframe, as well as duplicative since
the same data and information
associated with aircraft type and radio
altimeter technology combination will
have already been submitted to the FAA
by the DAH/OEM. Lastly, A4A stated
the FAA does not have the appropriate
resources to timely coordinate and
evaluate every operator’s submissions
while simultaneously reviewing data
submitted by the DAH/OEM.
Alternatively, A4A requested that
operators who are not DAHs be
permitted to submit a letter of
compliance to their principal avionics
inspector, citing either an FAApublished list of compliant aircraft
model/radio altimeter combinations or a
list from the DAH/OEM.
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The FAA disagrees with withdrawing
the policy, as it provides guidance for
obtaining FAA approval of a method
showing compliance with AD 2023–10–
02 and AD 2023–11–07. However, the
FAA has added guidance to the policy
to assist with obtaining FAA approval
expeditiously.
F. Request Regarding Horizontal
Separation for Rotorcraft
The Aviation Coalition noted that
language in the proposed policy
referring to horizontal separation
distance by wing span may be
appropriate for airplanes, but not for
rotorcraft. Because of other changes
made to the policy statement (replacing
the proposed spurious emissions level
with a spurious PSD curve), the
language noted by the commenter has
been removed from the document. As a
result, no change to the policy is
necessary.
G. Request To Include ‘‘Should’’
The Aviation Coalition requested that
the FAA add the word ‘‘should’’ to
several places throughout the policy
statement, to be consistent with nature
of the policy as a guidance document.
The FAA disagrees as the specified
language identifies how to use the
guidance in this policy as a means of
compliance. In some instances, the
language specified by the commenter
defines a certain value and therefore the
addition of ‘‘should’’ would be
inappropriate.
H. Request To Clarify
MHI RJ Aviation ULC requested the
FAA clarify an apparent inconsistency
between figure 1 in AD 2023–10–02 and
AD 2023–11–07 and the section of the
policy on 5G spurious tolerance. The
FAA understands the commenter to be
comparing the fundamental PSD curve
in AD 2023–10–02 with guidance for
spurious tolerance in the policy
statement.
Policy
The FAA’s policy statement provides
guidance for operators and
manufacturers to demonstrate an aircraft
is a radio altimeter tolerant aircraft, as
defined in AD 2023–10–02 and AD
2023–11–07.You may view the final
policy statement, PS–AIR–600–39–01,
Demonstration of Radio Altimeter
Tolerant Aircraft, at regulations.gov in
Docket No. FAA–2023–0938 or on the
FAA’s Dynamic Regulatory System
website at drs.faa.gov.
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46057
Issued in Des Moines, Washington on July
10, 2023.
Suzanne A. Masterson,
Acting Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2023–14927 Filed 7–18–23; 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; Amendment
39–22489; AD 2023–13–04]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2021–16–
18, which applied 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
required repetitive inspections of
certain fuel pumps for cavitation
erosion, replacement if necessary,
revision of the operator’s existing
minimum equipment list (MEL), and
accomplishment of certain maintenance
actions related to defueling and ground
fuel transfer operations. 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. This AD
continues to require the actions in AD
2021–16–18, and also requires
replacement of affected parts, which
would terminate the repetitive
inspections, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference.
This AD also prohibits the installation
of certain affected parts. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective August 23,
2023.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of August 23, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
SUMMARY:
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Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
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 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 EASA 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.
• For Eaton service information
incorporated by reference 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.
• 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–
2023–0924.
FOR FURTHER INFORMATION CONTACT:
Vladimir Ulyanov, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590
telephone 206–231–3229; email
Vladimir.Ulyanov@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2021–16–18,
Amendment 39–21681 (86 FR 60560,
November 3, 2021) (AD 2021–16–18).
AD 2021–16–18 applied 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
required repetitive inspections of
certain fuel pumps for cavitation
erosion, replacement if necessary,
revision of the operator’s existing MEL,
and accomplishment of certain
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16:28 Jul 18, 2023
Jkt 259001
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.
The NPRM published in the Federal
Register on April 18, 2023 (88 FR
23589). The NPRM was prompted by
AD 2022–0197, dated September 22,
2022, issued by EASA (EASA AD 2022–
0197), which is the Technical Agent for
the Member States of the European
Union (also referred to as the MCAI).
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.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–0924.
In the NPRM, the FAA proposed to
retain the requirements of AD 2021–16–
18 and require replacement of affected
parts, which would terminate the
repetitive inspections, as specified in
EASA AD 2022–0197. The NPRM also
proposed to prohibit the installation of
certain affected parts. The FAA is
issuing this AD to address the unsafe
condition on these products.
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) 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 final rule
prohibits installation of P/N 568–1–
28300–103 as of the effective date of this
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
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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.
Discussion of Final Airworthiness
Directive
Comments
The FAA received comments from 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 comments 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 2022–0197 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
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.
Costs of Compliance
The FAA estimates that this AD
affects 112 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
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Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Rules and Regulations
46059
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Retained actions from AD 2021–
16–18.
New proposed action ...................
Up to 69 work-hours × $85 per hour =
$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
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.
ddrumheller on DSK120RN23PROD with RULES1
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:
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Parts cost
Cost per product
$0
Up to $5,865 .............
Up to $656,88–
$9,648
Up to $10,243 ...........
Up to $1,147,216
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) 2021–16–18, Amendment 39–
21681 (86 FR 60560, November 3, 2021);
and
■ b. Adding the following new AD:
■
2023–13–04 Airbus SAS: Amendment 39–
22489; Docket No. FAA–2023–0924;
Project Identifier MCAI–2022–01262–T.
(a) Effective Date
This airworthiness directive (AD) is
effective August 23, 2023.
(b) Affected ADs
This AD replaces AD 2021–16–18,
Amendment 39–21681 (86 FR 60560,
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 A330–223F 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.
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Cost on U.S.
operators
(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 existing
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) Where Note 4 of EASA AD 2022–0197
specifies additional information, replace the
text ‘‘EASA AD 2015–0194’’ with ‘‘EASA AD
2015–0194 (corresponding 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
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Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Rules and Regulations
replace part number (P/N) 568–1–28300–101,
for airplanes identified in AD 2016–20–10,
the required compliance time for replacing
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
ddrumheller on DSK120RN23PROD with RULES1
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
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, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; 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.
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Jkt 259001
(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.
(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 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.
(6) 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 July 13, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–15225 Filed 7–18–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0666; Project
Identifier MCAI–2022–00555–Q; Amendment
39–22484; AD 2023–12–25]
RIN 2120–AA64
Airworthiness Directives; Survitec
Group Limited (RFD Beaufort Ltd.) Life
Jackets
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Survitec Group Limited (RFD Beaufort
Ltd.) Type 102 Mk 3, 102 Mk 4, and 105
Mk 1 life jackets. This AD was
prompted by a report that some life
jackets were found packed in the wrong
valise (container). This AD requires an
inspection for a discrepancy (mismatch
of the valise/container description and
life jacket type) of life jackets and, if
necessary, replacement of the life jacket.
SUMMARY:
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This AD also limits the installation of
affected parts under certain conditions.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective August 23,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 23, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–0666; 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 material incorporated by
reference in this AD, contact Survitec
Group Limited, t/a RFD Beaufort Ltd,
Kingsway, Dunmurry, Belfast BT17
9AF, United Kingdom; telephone +44
2890 301531; fax +44 2890 621765;
email steve.pickering@
survitecgroup.com; website
survitecgroup.com.
• 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. It is also available at
regulations.gov under Docket No. FAA–
2023–0666.
FOR FURTHER INFORMATION CONTACT:
Kevin Kung, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 781–
238–7244; email 9-AVS-AIR-BACOCOS@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Survitec Group Limited
(RFD Beaufort Ltd.) Type 102 Mk 3, 102
Mk 4, and 105 Mk 1 life jackets. The
NPRM published in the Federal
Register on April 10, 2023 (88 FR
21117). The NPRM was prompted by
AD G–2022–0009, dated April 21, 2022
(referred to after this as the MCAI),
issued by The Civil Aviation Authority
(CAA), which is the aviation authority
for the United Kingdom (U.K.) (U.K.
E:\FR\FM\19JYR1.SGM
19JYR1
]]>Agencies
[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Rules and Regulations]
[Pages 46057-46060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15225]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0924; Project Identifier MCAI-2022-01262-T;
Amendment 39-22489; AD 2023-13-04]
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) 2021-16-
18, which applied 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 required repetitive inspections of
certain fuel pumps for cavitation erosion, replacement if necessary,
revision of the operator's existing minimum equipment list (MEL), and
accomplishment of certain maintenance actions related to defueling and
ground fuel transfer operations. 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. This AD continues to
require the actions in AD 2021-16-18, and also requires replacement of
affected parts, which would terminate the repetitive inspections, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. This AD also prohibits the installation
of certain affected parts. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective August 23, 2023.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 23,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket
[[Page 46058]]
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 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 EASA 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.
For Eaton service information incorporated by reference 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.
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-2023-0924.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590
telephone 206-231-3229; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-16-18, Amendment 39-21681 (86 FR
60560, November 3, 2021) (AD 2021-16-18). AD 2021-16-18 applied 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 required 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.
The NPRM published in the Federal Register on April 18, 2023 (88 FR
23589). The NPRM was prompted by AD 2022-0197, dated September 22,
2022, issued by EASA (EASA AD 2022-0197), which is the Technical Agent
for the Member States of the European Union (also referred to as the
MCAI). 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.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0924.
In the NPRM, the FAA proposed to retain the requirements of AD
2021-16-18 and require replacement of affected parts, which would
terminate the repetitive inspections, as specified in EASA AD 2022-
0197. The NPRM also proposed to prohibit the installation of certain
affected parts. The FAA is issuing this AD to address the unsafe
condition on these products.
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) 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 final rule prohibits installation of P/N 568-1-
28300-103 as of the effective date of this 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from 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
comments 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 2022-0197 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 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.
Costs of Compliance
The FAA estimates that this AD affects 112 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 46059]]
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021- Up to 69 work-hours x $0 Up to $5,865...... Up to $656,88-
16-18. $85 per hour = $5,865.
New proposed action............ Up to 7 work-hours x $9,648 Up to $10,243..... Up to $1,147,216
$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 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) 2021-16-18, Amendment 39-21681
(86 FR 60560, November 3, 2021); and
0
b. Adding the following new AD:
2023-13-04 Airbus SAS: Amendment 39-22489; Docket No. FAA-2023-0924;
Project Identifier MCAI-2022-01262-T.
(a) Effective Date
This airworthiness directive (AD) is effective August 23, 2023.
(b) Affected ADs
This AD replaces AD 2021-16-18, Amendment 39-21681 (86 FR 60560,
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 A330-223F 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 existing
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) Where Note 4 of EASA AD 2022-0197 specifies additional
information, replace the text ``EASA AD 2015-0194'' with ``EASA AD
2015-0194 (corresponding 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
[[Page 46060]]
replace part number (P/N) 568-1-28300-101, for airplanes identified
in AD 2016-20-10, the required compliance time for replacing 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 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,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; 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.
(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 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.
(6) 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 July 13, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-15225 Filed 7-18-23; 8:45 am]
BILLING CODE 4910-13-P
