[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Proposed Rules]
[Pages 21450-21454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06520]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0766; Project Identifier MCAI-2023-00711-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2023-11-08, which applies to all Airbus SAS Model A330-841 and -941
airplanes. AD 2023-11-08 requires maintenance actions, including a
high-pressure valve (HPV) seal integrity test, repetitive replacement
of the HPV clips, revision of the existing airplane flight manual
(AFM), and implementation of updates to the FAA-approved operator's
minimum equipment list (MEL). Since the FAA issued AD 2023-11-08, the
agency determined that the replacement intervals required by AD 2023-
11-08 must be reduced in order to address the unsafe condition. This
proposed AD would continue to require the actions in AD 2023-11-08 and
would reduce the HPV clip replacement intervals, and would require, for
certain airplanes, an additional revision of the existing AFM. This
proposed AD would also limit the installation of HPV clips, as
specified in a European Union Aviation Safety Agency (EASA AD), which
is proposed for incorporation by reference (IBR). The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by May 13,
2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-0766; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For the EASA ADs identified in this NPRM, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email [email protected]; website easa.europa.eu. You may find
this material on the EASA website at ad.easa.europa.eu. It is also
available at regulations.gov under Docket No. FAA-2024-0766.
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.
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:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2024-0766; Project Identifier
MCAI-2023-00711-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
[[Page 21451]]
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Vladimir Ulyanov, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: 206-231-3229; email:
[email protected]. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
The FAA issued AD 2023-11-08, Amendment 39-22454 (88 FR 38384, June
13, 2023) (AD 2023-11-08), for all Airbus SAS Model A330-841 and -941
airplanes. AD 2023-11-08 was prompted by an MCAI originated by EASA,
which is the Technical Agent for the Member States of the European
Union. EASA issued AD 2022-0227, dated November 24, 2022 (EASA AD 2022-
0227), to correct an unsafe condition. EASA AD 2022-0227 superseded
EASA AD 2022-0181, dated August 29, 2022 (which prompted FAA AD 2022-
19-05, Amendment 39-22174 (87 FR 54870, September 8, 2022)).
AD 2023-11-08 requires maintenance actions, including an HPV seal
integrity test, repetitive replacement of the HPV clips, revision of
the existing AFM, and implementation of updates to the FAA-approved
operator's MEL. The FAA issued AD 2023-11-08 to address a leaking HPV,
which may expose the pressure regulating valve (PRV), which is
installed downstream from the HPV, to high pressure, possibly damaging
the PRV itself and preventing its closure. The unsafe condition, if not
addressed, could result in high pressure and temperatures in the duct
downstream from the PRV, with possible duct burst, damage to several
systems, and consequent loss of control of the airplane.
Actions Since AD 2023-11-08 Was Issued
Since the FAA issued AD 2023-11-08, EASA superseded AD 2022-0227
and issued EASA AD 2023-0111, dated May 26, 2023 (EASA AD 2023-0111)
(referred to after this as the MCAI), to correct an unsafe condition
for all Airbus SAS Model A330-841 and -941 airplanes. The MCAI states
that it has been determined that the interval for the HPV clip
replacement must be based also on flight cycles accumulated by the HPV
clip (i.e., the interval must be reduced), and additional instructions
applicable depending on BMC software configuration, have been
identified (i.e., an additional revision of the existing AFM is
necessary for certain airplanes).
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2024-0766.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2023-11-08, this proposed AD would retain certain
requirements of AD 2023-11-08. Those requirements are referenced in
EASA AD 2023-0111, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0111 specifies procedures for the following actions:
Revision of the Limitations section of the existing AFM
and removal of the previously required limitations.
Implementation of the instructions of the MMEL update on
the basis of which the operator's MEL must be amended with new
provisions and procedures for the following items: Air Conditioning
Pack, Engine Bleed Air Supply System, Engine Bleed IP (Intermediate
Pressure) Check Valve, and Engine Bleed HP Valve and cancel the
dispatch restrictions. Amending the applicable AFM of an airplane by
incorporating the AFM Temporary Revision (TR) TR813 does not allow
removal of the MMEL update as required by paragraph (7) of this [EASA]
AD for that airplane.
A seal integrity test of each HPV, and corrective actions
(including replacement of the HPV, and a detailed inspection of the
wing bellow on engine 1(2) and replacement of any damaged or deformed
wing bellow). Also, accomplishing a Seal Integrity Test of each HPV in
accordance with the instructions of the AOT.
EASA AD 2023-0111 also describes the following maintenance
instructions for group 1 and group 2, among other actions, to be
accomplished following certain faults or failures:
HPV troubleshooting procedure and additional maintenance
actions after any Class 1 maintenance message associated to an HPV
fault, and corrective actions (including replacement of the HPV or wing
bellow).
HPV seal integrity test and the additional maintenance
actions after any Class 1 or Class 2 maintenance message associated to
a PRV fault, and corrective actions (including replacement of the HPV
and PRV, and a detailed inspection of the wing bellow on engine 1(2)
and replacement of any damaged or deformed wing bellow).
A visual (borescope) inspection of the engine bleed air
system (EBAS) to detect signs of foreign object debris (FOD), including
metallic debris in the butterfly valve and dents or damage of the flaps
of the intermediate pressure check valve (IPCV), and dents and missing
segments in the PRV, the header of the high pressure/intermediate
pressure (HP/IP) duct, the y-duct, and the pylon ducts after any
failure of an HPV clip and/or any of the HPV butterfly sealing rings,
and corrective actions (including removing FOD and replacing the IPCV
or PRV).
A seal integrity test of each HPV after any take-off or
go-around accomplished with ``packs OFF'' or ``APU bleed ON'' or
``engine bleed OFF,'' and corrective actions (including replacement of
the HPV, and a detailed inspection of the wing bellow on engine 1(2)
and replacement of any damaged or deformed wing bellow).
Additional actions to be performed for any Class 1
maintenance message associated with an HPV fault.
Initial and repetitive replacement of each HPV clip with a
new HPV clip.
Reporting to Airbus of any failure detected during the
accomplishment of any maintenance action, seal integrity test, or
visual inspection specified in EASA AD 2022-0181.
EASA AD 2023-0111 also specifies that HPV clips may be installed
provided they are new and serviceable, and replaced in accordance with
paragraph (17) Table 1.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's
[[Page 21452]]
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 is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain certain requirements of AD 2023-11-
08. This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0111 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD and
except as discussed under ``Differences Between this Proposed AD and
the MCAI.''
Compliance With AFM and MEL Revisions
EASA AD 2023-0111 requires operators to ``inform all flight crews''
of revisions to the existing AFM and MEL, and thereafter to ``operate
the airplane accordingly.'' However, this AD does not specifically
require those actions, as those actions are already required by FAA
regulations.
FAA regulations require operators to furnish to pilots any changes
to the AFM (for example, 14 CFR 121.137), and to ensure the pilots are
familiar with the AFM (for example, 14 CFR 91.505). As with any other
flightcrew training requirement, training on the updated AFM content is
tracked by the operators and recorded in each pilot's training record,
which is available for the FAA to review. FAA regulations also require
pilots to follow the procedures in the AFM including all updates. 14
CFR 91.9 requires that any person operating a civil aircraft must
comply with the operating limitations specified in the AFM.
FAA regulations (14 CFR 121.628(a)(2)) require operators to provide
pilots with access to all of the information contained in the
operator's MEL. Furthermore, 14 CFR 121.628(a)(5) requires airplanes to
be operated under all applicable conditions and limitations contained
in the operator's MEL.
Therefore, including a requirement in this proposed AD to operate
the airplane according to the revised AFM and MEL would be redundant
and unnecessary.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0111 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0111 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2023-0111 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0111. Service information required by EASA AD 2023-0111 for compliance
will be available at regulations.gov under Docket No. FAA-2024-0766
after the FAA final rule is published.
Interim Action
The FAA considers that this proposed AD would be an interim action.
The FAA anticipates that further AD action will follow.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 27 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Retained actions from AD 2023-11- 14 work-hours x Up to $28......... Up to $1,218...... Up to $32,886.
08. $85 per hour =
$1,190.
New proposed actions............ 1 work-hour x $85 $85............... $85............... $2,295.
per hour = $85.
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The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required 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
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Labor cost Parts cost Cost per product
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Up to 19 work-hours x $85 per Up to $114,742.... Up to $116,357.
hour = Up to $1,615.
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The FAA has received no definitive data on which to base the cost
estimates for the maintenance actions specified in this proposed AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce.
[[Page 21453]]
This regulation is within the scope of that authority because it
addresses an unsafe condition that is likely to exist or develop on
products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) AD 2023-11-08, Amendment 39-
22454 (88 FR 38384, June 13, 2023); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2024-0766; Project Identifier MCAI-2023-
00711-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 13, 2024.
(b) Affected ADs
This AD replaces AD 2023-11-08, Amendment 39-22454 (88 FR 38384,
June 13, 2023) (AD 2023-11-08).
(c) Applicability
This AD applies to all Airbus SAS Model A330-841 and -941
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by reports of leaking bleed system high
pressure valves (HPVs), likely due to HPV clip failure and sealing
ring damage, and by the determination that the replacement intervals
required by AD 2023-11-08 must be reduced to address the unsafe
condition. The FAA is issuing this AD to address a leaking HPV,
which may expose the pressure regulating valve (PRV), which is
installed downstream from the HPV, to high pressure, possibly
damaging the PRV itself and preventing its closure. The unsafe
condition, if not addressed, could result in could result in high
pressure and temperatures in the duct downstream from the PRV, with
possible duct burst, damage to several systems, and consequent loss
of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0111, dated May 26, 2023 (EASA AD 2023-0111).
(h) Exceptions to EASA AD 2023-0111
(1) Where EASA AD 2023-0111 refers to ``05 September 2022 (the
effective date of EASA AD 2022-0181),'' this AD requires using
September 15, 2022 (the effective date of AD 2022-19-05, Amendment
39-22174, (87 FR 54870, September 8, 2022)).
(2) Where paragraph (19) of EASA AD 2023-0111 refers to ``08
December 2022 (the effective date of EASA AD 2022-0227),'' this AD
requires using the effective date of this AD.
(3) Where paragraph (21) of EASA AD 2023-0111 refers to ``08
December 2022 (the effective date of EASA AD 2022-0227),'' this AD
requires using July 18, 2023 (the effective date of AD 2023-11-08).
(4) Where EASA AD 2023-0111 refers to its effective date, this
AD requires using the effective date of this AD.
(5) Where paragraphs (1), (2), (3), and (7) of EASA AD 2023-0111
specify to inform all flight crews of airplane flight manual (AFM)
revisions and dispatch limitations, and thereafter to operate the
airplane accordingly, this AD does not require those actions, as
those actions are already required by existing FAA regulations (see
14 CFR 91.9, 91.505, and 121.137).
(6) This AD does not adopt the reporting requirements of
paragraph (23) of EASA AD 2023-0111.
(7) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0111.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (j) 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 2023-11-08 are approved as
AMOCs for the corresponding provisions of EASA AD 2023-0111 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 (i)(2) of this AD, if any service information referenced
in EASA AD 2023-0111 contains paragraphs that are labeled as RC, the
instructions in RC paragraphs, including subparagraphs under an RC
paragraph, must be done to comply with this AD; any paragraphs,
including subparagraphs under those paragraphs, that are not
identified as RC are recommended. The instructions in paragraphs,
including subparagraphs under those paragraphs, 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 instructions identified as RC can
be done and the airplane can be put back in an airworthy condition.
Any substitutions or changes to instructions identified as RC
require approval of an AMOC.
(j) 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].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0111,
dated May 26, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0111, 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.
[[Page 21454]]
(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 at the National Archives and
Records 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 March 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-06520 Filed 3-27-24; 8:45 am]
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