[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Proposed Rules]
[Pages 36266-36269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12936]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0680; Project Identifier MCAI-2021-01415-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2020-22-03, which applies to all Airbus SAS Model A330-200, -200 
Freighter, and -300 series airplanes. AD 2020-22-03 requires revising 
the existing airplane flight manual (AFM) to incorporate procedures to 
be applied if an engine bleed over-temperature occurs when the 
associated engine bleed valve is jammed open, and provides for the 
optional embodiment of updated flight warning computer (FWC) software, 
which terminates the AFM revision. Since the FAA issued AD 2020-22-03, 
new maintenance actions and software related to over-temperature 
failure conditions were developed. This proposed AD would continue to 
require the actions specified in AD 2020-22-03, would require 
accomplishing the new maintenance tasks and corrective actions, and 
would mandate embodiment of the updated FWC software for certain 
airplanes, as specified in a European Union Aviation Safety Agency 
(EASA), which is proposed for incorporation by reference. This proposed 
AD would also prohibit the installation of affected FWC software. The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by August 1, 
2022.

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 https://www.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.
    For material that will be incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this material on the EASA website at 
https://ad.easa.europa.eu. You may view this material at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195. It is also available in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0680.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0680; 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.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax: 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-2022-0680; Project Identifier 
MCAI-2021-01415-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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential

[[Page 36267]]

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, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax: 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 2020-22-03, Amendment 39-21299 (85 FR 66873, 
October 21, 2020) (AD 2020-22-03), which applies to all Airbus SAS 
Model A330-200, -200 Freighter, and -300 series airplanes. AD 2020-22-
03 requires revising the existing AFM to incorporate procedures to be 
applied if an engine bleed over-temperature occurs when the associated 
engine bleed valve is jammed open. AD 2020-22-03 also provides for the 
optional embodiment of updated FWC software, which would terminate the 
AFM revision, as specified in EASA AD 2020-0205.
    The FAA issued AD 2020-22-03 to address the possibility of a jammed 
engine bleed valve, which could lead to damage of the bleed manifold 
and the ducts downstream of the engine bleed system, exposure of the 
surrounding structure to heat stress, and possible reduced structural 
integrity of the airplane.

Actions Since AD 2020-22-03 Was Issued

    Since the FAA issued AD 2020-22-03, it has been determined that new 
maintenance tasks for failures related to over-temperature conditions 
must be accomplished, and embodiment of updated FWC software must be 
mandated for certain airplanes.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0281, dated December 17, 2021 
(EASA AD 2021-0281) (also referred to as the MCAI), to correct an 
unsafe condition for Airbus SAS Model A330-201, -202, -203, -223, -
223F, -243, and -243F airplanes, Model A330-301, -302, -303, -321, -
322, -323, -341, -342, -343, and -743L airplanes.
    Model A330-743L airplanes are not certificated by the FAA and are 
not included on the U.S. type certificate data sheet; this AD therefore 
does not include those airplanes in the applicability.
    EASA AD 2021-0281 specifies that after the software update 
(modification) required by this proposed AD is done on an airplane, 
that airplane remains compliant with the requirements of paragraph (2) 
of EASA AD 2020-0077 (which corresponds to FAA AD 2020-17-16, Amendment 
39-21221 (85 FR 54900, September 3, 2020)). AD 2020-17-16 requires, 
among other actions, installing FWC standard T9 on Airbus SAS Model 
A330-200 and -300 series airplanes. This proposed AD would require 
installing FWC standard T9-3, which replaces FWC standard T9.
    This proposed AD was prompted by the development of new maintenance 
actions and software related to over-temperature failure conditions. 
The FAA is proposing this AD to address the possibility of a jammed 
engine bleed valve, which could lead to damage of the bleed manifold 
and the ducts downstream of the engine bleed system, exposure of the 
surrounding structure to heat stress, and possible reduced structural 
integrity of the airplane. See the MCAI for additional background 
information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2020-22-03, this proposed AD would retain the 
requirements of AD 2020-22-03. Those requirements are referenced in 
EASA AD 2021-0281, which, in turn, are referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0281 specifies procedures for amending the applicable 
AFM to incorporate procedures to be applied if an engine bleed over-
temperature occurs when the associated engine bleed valve is jammed 
open. EASA AD 2020-0281 also specifies that embodiment of updated FWC 
software standard T9 would eliminate the need for the AFM amendment. 
EASA AD 2021-0281 also describes maintenance tasks for failures related 
to over-temperature conditions and corrective actions (repair). EASA AD 
2021-0281 also specifies procedures for the embodiment of updated FWC 
software standard T9-3, and, for certain airplanes concurrent 
embodiment of system data acquisition concentrator (SDAC) software 
standard C13 or FWC software standard K3-2 and SDAC software standard 
C3-0A. Finally, EASA AD 2021-0281 prohibit the installation of affected 
FWC software (FWC software standard T9-2 or earlier). 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 bilateral agreement with the 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 require accomplishing the actions specified 
in EASA AD 2021-0281 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
This proposed AD would also prohibit the installation of affected FWC 
software.
    EASA AD 2021-0281 requires operators to ``inform all flight crews'' 
of revisions to the AFM, and thereafter to ``operate the aeroplane 
accordingly.'' However, this proposed AD would not specifically require 
those actions as those actions are already required by FAA regulations. 
FAA regulations require operators 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 existing 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. Therefore, including a requirement in this proposed AD to operate 
the airplane according to the revised AFM 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

[[Page 36268]]

this process with manufacturers and CAAs. As a result, the FAA proposes 
to incorporate EASA AD 2021-0281 by reference in the FAA final rule. 
This proposed AD would, therefore, require compliance with EASA AD 
2021-0281 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 2021-0281 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 2021-
0281. Service information required by EASA AD 2021-0281 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0680 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this AD affects 115 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             Labor cost                Parts cost          Cost per  product           Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
AFM revision: 1 work-hour x $85 per              $0  $85..........................  $9,775.
 hour = $85.
Software Update: 3 work-hours x 85                0  $255.........................  Up to $29,325.
 per hour = $255.
Maintenance Tasks: 7 work-hours x               720  $595.........................  $151,225.
 $85 per hour = $595.
Concurrent Actions: Up to 4 work-                 0  Up to $340...................  Up to $39,100.
 hours x $85 per hour = Up to $340.
----------------------------------------------------------------------------------------------------------------


                  Estimated Costs for Optional Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170....              $0             $170
------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions specified 
in this proposed AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-22-03, Amendment 39-21299 
(85 FR 66873, October 21, 2020); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-0680; Project Identifier MCAI-2021-
01415-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 1, 2022.

(b) Affected ADs

    This AD replaces AD 2020-22-03, Amendment 39-21299 (85 FR 66873, 
October 21, 2020) (AD 2020-22-03).

(c) Applicability

    This AD applies to all Airbus SAS Model airplanes, certificated 
in any category, as identified in paragraphs (c)(1) though (3) of 
this AD.
    (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.

(d) Subject

    Air Transport Association (ATA) of America Code 75, Air; Code 
36, Pnuematic.

(e) Unsafe Condition

    This AD was prompted by a report that during a certification 
exercise, it was identified that there was a risk of an engine bleed 
system over-temperature, without the engine bleed valve closing; the 
associated engine bleed valve should automatically close. This AD 
was also prompted by the development of new maintenance actions and 
software related to over-temperature failure conditions. The FAA is 
issuing this AD to address the possibility of a jammed engine bleed 
valve, which could lead to damage of the bleed manifold and the 
ducts downstream of the engine bleed system, exposure of the 
surrounding structure to heat

[[Page 36269]]

stress, and possible reduced structural integrity 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 
2021-0281, dated December 17, 2021 (EASA AD 2021-0281).

(h) Exceptions to EASA AD 2021-0281

    (1) Where EASA AD 2021-0281 refers to October 1, 2020 (the 
effective date of EASA AD 2020-0205), this AD requires using 
November 5, 2020 (the effective date of AD 2020-22-03).
    (2) Where EASA AD 2021-0281 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2021-0281 specifies 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.
    (4) Where paragraphs (6) and (7) of EASA AD 2021-0281 specifies 
actions if ``any discrepancies are detected,'' for this AD 
discrepancies include failures related to an over-temperature 
situation, hidden failures in equipment for a ``not isolated over-
temperature'' failure condition, cracking on the exchanger outlet 
temperature sensor, or dual drift in the exchanger outlet 
temperature sensor.
    (5) Where paragraph (11) of EASA AD 2021-0281 specifies that an 
airplane with certain modifications is compliant with ``the 
requirements of paragraph (2) of EASA AD 2020-0077,'' for this AD 
use ``for the corresponding requirements of paragraph (2) of EASA AD 
2020-0077 that are required by paragraph (g) of AD 2020-17-16, 
Amendment 39-21221 (85 FR 54900, September 3, 2020).''
    (6) The ``Remarks'' section of EASA AD 2021-0281 does not apply 
to this AD.

(i) No Reporting Requirements

    Although the service information referenced in EASA AD 2021-0281 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch/manager 
of the certification office, send it to the attention of the person 
identified in paragraph (k)(2) of this AD. Information may be 
emailed to: [email protected].
    (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, Large Aircraft 
Section, 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 referenced 
in EASA AD 2021-0281 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.

(k) Related Information

    (1) For EASA AD 2021-0281, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu. You may 
view this material at the FAA, Airworthiness Products Section, 
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195. This material may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0680.
    (2) For more information about this AD, contact Vladimir 
Ulyanov, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax: 206-231-3229; email: [email protected]

    Issued on June 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-12936 Filed 6-15-22; 8:45 am]
BILLING CODE 4910-13-P


