Airworthiness Directives; Airbus SAS Airplanes, 4176-4179 [2024-01169]
Download as PDF
<![CDATA[
4176
Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations
bankruptcy cases, the reporting period
ends 10 years ‘‘from the date of entry of
the order for relief or the date of
adjudication.’’ 49 Unlike these
provisions, section 605(a)(5) contains no
indication that Congress intended to tie
the end of the reporting period to
something other than the occurrence of
the adverse item. The pre-1998 version
of section 605(a) explicitly made
‘‘disposition’’ of a ‘‘record[ ] . . . of
indictment’’ the trigger for the sevenyear reporting period; however, a 1998
amendment deleted that provision.50
This amendment ‘‘significantly altered
[the] statute,’’ indicating clearly that the
end of the reporting period under
section 605(a)(5) depends on the date of
the adverse item itself—not on the date
of disposition.51
In addition to provisions authorizing
Federal and State enforcement,52 the
FCRA contains two provisions relating
to civil liability to consumers for
noncompliance. Section 617 provides
that ‘‘any person who is negligent in
failing to comply with any requirement
imposed under this title with respect to
any consumer is liable to that consumer
in an amount equal to’’ the consumer’s
actual damages, and costs and
reasonable attorney’s fees.53 Section 616
provides that ‘‘any person who willfully
fails to comply with any requirement
imposed under this title with respect to
any consumer is liable to that consumer
in an amount equal to’’ actual or
statutory damages of up to $1,000 per
violation, such punitive damages as the
court allows, and costs and reasonable
attorney’s fees.54 A violation is willful
when it is inconsistent with
‘‘authoritative guidance’’ from a relevant
49 15
U.S.C. 1681c(a)(1).
the original FCRA, ‘‘[r]ecords of arrest,
indictment, or conviction of crime’’ were reportable
for seven years, starting at the ‘‘date of disposition,
release, or parole.’’ 15 U.S.C. 1681c(a)(5) (1996).
The 1998 amendment to the FCRA deleted this
paragraph. Consumer Reporting Employment
Clarification Act, Public Law 105–347, sec. 5(2),
112 Stat. 3211. The amendment moved ‘‘records of
arrest’’ to pre-existing paragraph (a)(2), which now
requires the reporting of ‘‘[c]ivil suits, civil
judgment, and records of arrest’’ to end seven years
after ‘‘date of entry,’’ 15 U.S.C. 1681c(a)(2). See
Public Law 105–347, sec. 5(1), 112 Stat. 3211.
(Information of this type can be reported ‘‘until the
governing statute of limitations has expired,’’ if that
period is longer. 15 U.S.C. 1681c(a)(2).) The 1998
amendment also removed criminal convictions
altogether from the restriction on reporting obsolete
information. Id., sec. 5(3), codified at 15 U.S.C.
1681c(a)(5) (prohibiting reporting, past seven years,
of ‘‘any other adverse item of information, other
than records of convictions of crimes’’).
51 Moran, 943 F.3d at 1185.
52 15 U.S.C. 1681s.
53 15 U.S.C. 1681o (emphasis added).
54 15 U.S.C. 1681n (emphasis added); Safeco Ins.
Co. of Am. v. Burr, 551 U.S. 47, 57–58 (2007)
(construing meaning of ‘‘willful’’).
khammond on DSKJM1Z7X2PROD with RULES
50 In
VerDate Sep<11>2014
16:06 Jan 22, 2024
Jkt 262001
agency.55 As with any guidance issued
by the CFPB on the FCRA, or
predecessor agencies that were
responsible for administering the FCRA
prior to the CFPB’s creation, consumer
reporting agencies risk liability under
section 616 if they violate the FCRA in
a manner described in this advisory
opinion, regardless of whether the
consumer reporting agencies were
previously liable for willful violations
prior to its issuance.
DEPARTMENT OF TRANSPORTATION
II. Regulatory Matters
AGENCY:
This advisory opinion is an
interpretive rule issued under the
Bureau’s authority to interpret the
FCRA, including under section
1022(b)(1) of the Consumer Financial
Protection Act of 2010,56 which
authorizes guidance as may be
necessary or appropriate to enable the
Bureau to administer and carry out the
purposes and objectives of Federal
consumer financial laws.57
The Bureau has determined that this
advisory opinion does not impose any
new or revise any existing
recordkeeping, reporting, or disclosure
requirements on covered entities or
members of the public that would be
collections of information requiring
approval by the Office of Management
and Budget under the Paperwork
Reduction Act.58
Pursuant to the Congressional Review
Act,59 the Bureau will submit a report
containing this interpretive rule and
other required information to the United
States Senate, the United States House
of Representatives, and the Comptroller
General of the United States prior to the
rule’s published effective date. The
Office of Information and Regulatory
Affairs has designated this interpretive
rule as not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
Rohit Chopra,
Director, Consumer Financial Protection
Bureau.
[FR Doc. 2024–00788 Filed 1–22–24; 8:45 am]
BILLING CODE 4810–AM–P
55 Safeco Ins., 551 U.S. at 70; Fuges v. Sw. Fin.
Servs., Ltd., 707 F.3d 241, 253 (3d Cir. 2012).
56 Public Law 111–203, 124 Stat. 1376 (2010).
57 12 U.S.C. 5512(b)(1).
58 44 U.S.C. 3501–3521.
59 5 U.S.C. 801 et seq.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1498; Project
Identifier MCAI–2023–00459–T; Amendment
39–22643; AD 2023–25–16]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A330–200, A330–
200 Freighter, A330–300, A330–800,
and A330–900 series airplanes. This AD
was prompted by a determination that
part of a certain production ground test
procedure used to confirm inner fuel
tank integrity was not accomplished
properly on certain airplanes. This AD
requires a fuel tank leak test and,
depending on findings, accomplishment
of applicable corrective action, 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 February 27,
2024.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of February 27, 2024.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1498; 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 Airbus SAS service information
identified in this AD, contact Airbus
SUMMARY:
E:\FR\FM\23JAR1.SGM
23JAR1
Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations
SAS, Airworthiness Office—EAL, RondPoint Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5
61 93 36 96; fax +33 5 61 93 45 80; email
airworthiness.A330-A340@airbus.com;
website airbus.com.
• 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–
2023–1498.
FOR FURTHER INFORMATION CONTACT:
Vladimir Ulyanov, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:
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 by adding an AD that would
apply to certain Airbus SAS Model
A330–200, A330–200 Freighter, A330–
300, A330–800, and A330–900 series
airplanes. The NPRM published in the
Federal Register on July 20, 2023 (88 FR
46699). The NPRM was prompted by
AD 2023–0052, dated March 14, 2023,
issued by EASA, which is the Technical
Agent for the Member States of the
European Union (EASA AD 2023–0052)
(also referred to as the MCAI). The
MCAI states that a determination has
been made that the differential pressure
test across Rib 3, part of the production
ground test procedure used to confirm
inner fuel tank integrity, was not
properly accomplished on airplanes
delivered before July 2021.
In the NPRM, the FAA proposed to
require a fuel tank leak test and,
depending on findings, accomplishment
of applicable corrective action, as
specified in EASA AD 2023–0052. The
FAA is issuing this AD to address lack
of inner fuel tank integrity that, in the
case of an uncontained engine rotor
failure and subsequent fuel tank
puncture, could lead to insufficient fuel
available to ensure continued safe flight
and landing.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1498.
Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from
Air Line Pilots Association,
International, who supported the NPRM
without change.
The FAA received an additional
comment from Delta Air Lines (DAL).
The following presents the comment
received on the NPRM and the FAA’s
response.
Request To Correct Service Bulletin
Errors
DAL requested that two discrepancies
in the service information be corrected.
DAL noted that the reference to ‘‘R(L)
INNER TK’’ should be changed to ‘‘L(R)
INNER TK,’’ and there is a discrepancy
in the range of possible capacitance
values for inner tank probe 6. DAL
asserted that these errors make it
impossible for the required actions to be
accomplished.
The FAA agrees. Paragraph (h)(4) has
been added to this AD to change the
reference to ‘‘L(R) INNER TK.’’
Paragraph (h)(5) has been added to this
AD to remove the requirement to
measure the capacitance values for
inner tank probe 6 FIN 24QT1 (FIN
24QT2). Airbus has advised that these
errors will be corrected in a future
revision.
Conclusion
This product has been approved by
the aviation authority of another
4177
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, and any other
changes described previously, 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 2023–0052 specifies
procedures for performing a leak test of
the inner fuel tanks for discrepancies
(i.e., leaks; a leak test is failed if, during
a secondary recording of capacitance
values, the aft inner tank probe FIN
25QT1(FIN 25QT2) and FIN
123QT1(FIN 123QT2) values reduce by
2pF when compared with those in the
initial recording) and, depending on
findings, accomplishing applicable
corrective action. Corrective actions
include performing the applicable fault
isolation and rectification.
Airbus Service Bulletin A330–28–
3141, dated December 16, 2022,
specifies serial numbers of affected
airplanes.
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 128 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
khammond on DSKJM1Z7X2PROD with RULES
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
4 work-hours × $85 per hour = $340 ..............................................................................................
$0
$340
$43,520
The FAA has received no definitive
data on which to base the cost estimates
for the on-condition actions specified in
this AD.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
VerDate Sep<11>2014
16:06 Jan 22, 2024
Jkt 262001
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
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\23JAR1.SGM
23JAR1
4178
Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations
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
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:
■
2023–25–16 Airbus SAS: Amendment 39–
22643; Docket No. FAA–2023–1498;
Project Identifier MCAI–2023–00459–T.
(a) Effective Date
This airworthiness directive (AD) is
effective February 27, 2024.
khammond on DSKJM1Z7X2PROD with RULES
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS airplanes,
certificated in any category, specified in
paragraphs (c)(1) through (5) of this AD, and
with serial numbers identified in Airbus
Service Bulletin A330–28–3141, dated
December 16, 2022.
(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.
VerDate Sep<11>2014
16:06 Jan 22, 2024
Jkt 262001
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by a determination
that the differential pressure test across Rib
3, part of the production ground test
procedure used to confirm inner fuel tank
integrity, had not been properly
accomplished on airplanes delivered before
July 2021. The FAA is issuing this AD to
address lack of inner fuel tank integrity that,
in the case of an uncontained engine rotor
failure and subsequent fuel tank puncture,
could lead to insufficient fuel available to
ensure continued safe flight and landing.
(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 2023–0052, dated
March 14, 2023 (EASA AD 2023–0052).
(h) Exceptions to EASA AD 2023–0052
(1) Where EASA AD 2023–0052 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 2023–0052.
(3) Where the service information
referenced in EASA AD 2023–0052 specifies
repeating a step and recording certain values,
replace the text ‘‘Do step 1 b again and record
the capacitance values and then every 10
minutes for 60 min,’’ with ‘‘Repeat step 1 b
and record the capacitance values every 10
minutes for 60 minutes.’’
(4) Where the service information
referenced in EASA AD 2023–0052 specifies
‘‘Set the R(L) INNER TK (FIN 6QU1)(FIN
6QU2) switch to OPEN,’’ this AD requires
replacing that text with ‘‘Set the L(R) INNER
TK (FIN 6QU1)(FIN 6QU2) switch to OPEN.’’
(5) Where the service information
referenced in EASA AD 2023–0052 specifies
measuring certain capacitance values, this
AD does not require measuring the
capacitance values for inner tank probe 6 FIN
24QT1 (FIN 24QT2).
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2023–0052 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
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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; phone: 206–231–
3229; email: Vladimir.Ulyanov@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Airbus Service Bulletin A330–28–3141,
dated December 16, 2022.
(ii) European Union Aviation Safety
Agency (EASA) AD 2023–0052, dated March
14, 2023.
(3) For EASA AD 2023–0052, 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 Airbus service information
identified in this AD, contact Airbus SAS,
Airworthiness Office—EAL, Rond-Point
Emile Dewoitine No: 2, 31700 Blagnac Cedex,
France; telephone +33 5 61 93 36 96; fax +33
5 61 93 45 80; email airworthiness.A330A340@airbus.com; website airbus.com.
(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
at the National Archives and Records
E:\FR\FM\23JAR1.SGM
23JAR1
Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on December 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–01169 Filed 1–22–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1890; Project
Identifier MCAI–2023–00283–T; Amendment
39–22645; AD 2023–26–02]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Bombardier, Inc., Model BD–100–1A10
airplanes. This AD was prompted by
reports from the supplier that some
overheat detection sensing elements of
the bleed air leak detection system were
manufactured with insufficient salt fill,
which can result in an inability to detect
hot bleed air leaks. This AD requires
revising the existing airplane flight
manual (AFM) to include procedures to
prevent takeoff with an active bleed air
leak annunciated while on the ground.
This AD also requires testing the
overheat detection sensing elements,
marking each serviceable sensing
element with a witness mark, and
replacing each nonserviceable part with
a serviceable part. This AD also
prohibits the installation of affected
parts. The FAA is issuing this AD to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective February 27,
2024.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of February 27, 2024.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1890; 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
khammond on DSKJM1Z7X2PROD with RULES
DATES:
VerDate Sep<11>2014
16:06 Jan 22, 2024
Jkt 262001
(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 Bombardier service information
identified in this final rule, contact
Bombardier Business Aircraft Customer
Response Center, 400 Coˆte-Vertu Road
West, Dorval, Que´bec H4S 1Y9, Canada;
telephone 514–855–2999; email ac.yul@
aero.bombardier.com; website
bombardier.com.
• For Liebherr-Aerospace Toulouse
SAS service information identified in
this AD, contact Liebherr-Aerospace
Toulouse SAS, 408, Avenue des EtatsUnis—B.P.52010, 31016 Toulouse
Cedex, France; telephone +33
(0)5.61.35.28.28; fax +33
(0)5.61.35.29.29; email
techpub.toulouse@liebherr.com; website
liebherr.aero.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th Street, 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–
2023–1890.
FOR FURTHER INFORMATION CONTACT:
Steven Dzierzynski, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590;
telephone 516–228–7300; email 9-avsnyaco-cos@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 all Bombardier, Inc., Model
BD–100–1A10 airplanes. The NPRM
published in the Federal Register on
September 29, 2023 (88 FR 67118). The
NPRM was prompted by AD CF–2023–
09, dated February 14, 2023, issued by
Transport Canada, which is the aviation
authority for Canada (referred to after
this as the MCAI). The MCAI states that
Bombardier received reports from the
supplier of the overheat detection
sensing elements of a manufacturing
quality escape. Some of the sensing
elements of the bleed air leak detection
system were manufactured with
insufficient salt fill. This condition can
result in an inability to detect hot bleed
air leaks, which can cause damage to
surrounding structures and systems and
prevent continued safe flight and
landing.
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
4179
In the NPRM, the FAA proposed to
require revising the existing AFM to
include procedures to prevent takeoff
with an active bleed air leak
annunciated while on the ground. The
FAA also proposed to require testing the
overheat detection sensing elements,
marking each serviceable sensing
element with a witness mark, and
replacing each nonserviceable part with
a serviceable part. The FAA also
proposed to prohibit the installation of
affected parts. The FAA is issuing 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–2023–1890.
Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from an
anonymous commenter who has
experience troubleshooting and
maintaining environmental control
systems (bleed air). No changes to the
AD were requested. The commenter
stated revising the AFM procedures will
prevent costly maintenance and
implementing extra safety features will
also be cost effective and favor pilot
safety. The FAA infers that the
commenter supports the AD.
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 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
The FAA reviewed Liebherr Service
Bulletin CFD–F1958–26–01, dated May
6, 2022, which specifies part numbers
for affected sensing elements.
Bombardier has issued the following
service information. This service
information describes procedures to
prevent the takeoff of an airplane with
an active bleed air leak annunciated
while on the ground. These documents
are distinct since they apply to different
airplane models.
E:\FR\FM\23JAR1.SGM
23JAR1
]]>Agencies
[Federal Register Volume 89, Number 15 (Tuesday, January 23, 2024)]
[Rules and Regulations]
[Pages 4176-4179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01169]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1498; Project Identifier MCAI-2023-00459-T;
Amendment 39-22643; AD 2023-25-16]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A330-
800, and A330-900 series airplanes. This AD was prompted by a
determination that part of a certain production ground test procedure
used to confirm inner fuel tank integrity was not accomplished properly
on certain airplanes. This AD requires a fuel tank leak test and,
depending on findings, accomplishment of applicable corrective action,
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 February 27, 2024.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 27,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1498; 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 Airbus SAS service information identified in this AD,
contact Airbus
[[Page 4177]]
SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45
80; email airbus.com">airworthiness.A330-A340@airbus.com; website airbus.com.
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-2023-1498.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 206-231-3229; email: [email protected].
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 Airbus SAS
Model A330-200, A330-200 Freighter, A330-300, A330-800, and A330-900
series airplanes. The NPRM published in the Federal Register on July
20, 2023 (88 FR 46699). The NPRM was prompted by AD 2023-0052, dated
March 14, 2023, issued by EASA, which is the Technical Agent for the
Member States of the European Union (EASA AD 2023-0052) (also referred
to as the MCAI). The MCAI states that a determination has been made
that the differential pressure test across Rib 3, part of the
production ground test procedure used to confirm inner fuel tank
integrity, was not properly accomplished on airplanes delivered before
July 2021.
In the NPRM, the FAA proposed to require a fuel tank leak test and,
depending on findings, accomplishment of applicable corrective action,
as specified in EASA AD 2023-0052. The FAA is issuing this AD to
address lack of inner fuel tank integrity that, in the case of an
uncontained engine rotor failure and subsequent fuel tank puncture,
could lead to insufficient fuel available to ensure continued safe
flight and landing.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1498.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International, who supported the NPRM without change.
The FAA received an additional comment from Delta Air Lines (DAL).
The following presents the comment received on the NPRM and the FAA's
response.
Request To Correct Service Bulletin Errors
DAL requested that two discrepancies in the service information be
corrected. DAL noted that the reference to ``R(L) INNER TK'' should be
changed to ``L(R) INNER TK,'' and there is a discrepancy in the range
of possible capacitance values for inner tank probe 6. DAL asserted
that these errors make it impossible for the required actions to be
accomplished.
The FAA agrees. Paragraph (h)(4) has been added to this AD to
change the reference to ``L(R) INNER TK.'' Paragraph (h)(5) has been
added to this AD to remove the requirement to measure the capacitance
values for inner tank probe 6 FIN 24QT1 (FIN 24QT2). Airbus has advised
that these errors will be corrected in a future revision.
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, and any other changes described previously, 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 2023-0052 specifies procedures for performing a leak test
of the inner fuel tanks for discrepancies (i.e., leaks; a leak test is
failed if, during a secondary recording of capacitance values, the aft
inner tank probe FIN 25QT1(FIN 25QT2) and FIN 123QT1(FIN 123QT2) values
reduce by 2pF when compared with those in the initial recording) and,
depending on findings, accomplishing applicable corrective action.
Corrective actions include performing the applicable fault isolation
and rectification.
Airbus Service Bulletin A330-28-3141, dated December 16, 2022,
specifies serial numbers of affected airplanes.
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 128 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.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340.............................. $0 $340 $43,520
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
[[Page 4178]]
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 adding the following new airworthiness
directive:
2023-25-16 Airbus SAS: Amendment 39-22643; Docket No. FAA-2023-1498;
Project Identifier MCAI-2023-00459-T.
(a) Effective Date
This airworthiness directive (AD) is effective February 27,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS airplanes, certificated in any
category, specified in paragraphs (c)(1) through (5) of this AD, and
with serial numbers identified in Airbus Service Bulletin A330-28-
3141, dated December 16, 2022.
(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.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by a determination that the differential
pressure test across Rib 3, part of the production ground test
procedure used to confirm inner fuel tank integrity, had not been
properly accomplished on airplanes delivered before July 2021. The
FAA is issuing this AD to address lack of inner fuel tank integrity
that, in the case of an uncontained engine rotor failure and
subsequent fuel tank puncture, could lead to insufficient fuel
available to ensure continued safe flight and landing.
(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
2023-0052, dated March 14, 2023 (EASA AD 2023-0052).
(h) Exceptions to EASA AD 2023-0052
(1) Where EASA AD 2023-0052 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
2023-0052.
(3) Where the service information referenced in EASA AD 2023-
0052 specifies repeating a step and recording certain values,
replace the text ``Do step 1 b again and record the capacitance
values and then every 10 minutes for 60 min,'' with ``Repeat step 1
b and record the capacitance values every 10 minutes for 60
minutes.''
(4) Where the service information referenced in EASA AD 2023-
0052 specifies ``Set the R(L) INNER TK (FIN 6QU1)(FIN 6QU2) switch
to OPEN,'' this AD requires replacing that text with ``Set the L(R)
INNER TK (FIN 6QU1)(FIN 6QU2) switch to OPEN.''
(5) Where the service information referenced in EASA AD 2023-
0052 specifies measuring certain capacitance values, this AD does
not require measuring the capacitance values for inner tank probe 6
FIN 24QT1 (FIN 24QT2).
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-0052
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; phone: 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) Airbus Service Bulletin A330-28-3141, dated December 16,
2022.
(ii) European Union Aviation Safety Agency (EASA) AD 2023-0052,
dated March 14, 2023.
(3) For EASA AD 2023-0052, 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 Airbus service information identified in this AD,
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93
36 96; fax +33 5 61 93 45 80; email airbus.com">airworthiness.A330-A340@airbus.com; website airbus.com.
(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 at the National
Archives and Records
[[Page 4179]]
Administration (NARA). For information on the availability of this
material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on December 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-01169 Filed 1-22-24; 8:45 am]
BILLING CODE 4910-13-P
