[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Proposed Rules]
[Pages 59342-59345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21022]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 87 , No. 189 / Friday, September 30, 2022 / 
Proposed Rules  

[[Page 59342]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1242; Project Identifier MCAI-2022-00433-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 adopt a new airworthiness directive (AD) 
for all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A330-
800, A330-900, A340-200, A340-300, A340-500, and A340-600 series 
airplanes. This proposed AD was prompted by a report that an A319 
airplane lost the right-hand front windshield in flight. Due to the 
design similarity, this condition can also exist or develop on Model 
A330 and A340 airplanes. This proposed AD would require repetitive 
detailed inspections (DET) and electrical test measurements (ETM) of 
the affected parts and applicable corrective action, and would prohibit 
the installation of affected parts under certain conditions, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference. 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 November 
14, 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 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 
easa.europa.eu. You may find this material on the EASA website at 
ad.easa.europa.eu. You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195. It is also available in the AD docket at  
regulations.gov by searching for and locating Docket No. FAA-2022-1242.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1242; 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, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 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-2022-1242; Project Identifier 
MCAI-2022-00433-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.

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, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, WA 
98198; telephone 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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0057, dated March 28, 2022 
(EASA AD 2022-0057) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A330-201, A330-202, A330-203, 
A330-223, A330-223F, A330-243, A330-243F, A330-301, A330-302, A330-303, 
A330-321, A330-322, A330-323, A330-341, A330-342, A330-343, A330-743L, 
A330-841, A330-941, A340-211, A340-212, A340-213, A340-311, A340-312, 
A340-313, A340-541, A340-542, A340-642, and A340-643 airplanes. Model 
A330-743L,

[[Page 59343]]

A340-542, and A340-643 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.
    This proposed AD was prompted by a report that a Model A319 
airplane lost the right-hand front windshield in flight, with 
consequent rapid cockpit depressurization, causing damage to cockpit 
items/systems and significant increase of flightcrew workload. The 
investigations identified several contributing factors, including 
manufacturing variability, fretting between windshield components, 
water ingress, and electrical braids corrosion, which led to a thermal 
shock/overheat, damaging more than one windshield structural ply and 
impairing the structural integrity of the windshield. Due to the design 
similarity, this condition can also exist or develop on Model A330 and 
A340 airplanes. The FAA is proposing this AD to address possible 
windshield failure. This condition, if not addressed, could possibly 
result in injury to the flightcrew and in-flight depressurization of 
the airplane, and would significantly increase pilot workload. See the 
MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0057 specifies procedures for repetitive DET and ETM 
of the affected parts and applicable corrective actions. Corrective 
actions include replacement. EASA AD 2022-0057 also limits the 
installation of affected parts under certain conditions.
    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

    These products have been approved by the aviation authority of 
another country and are 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 2022-0057, described previously, except as described under 
``Differences Between this Proposed AD and the MCAI.''

Difference Between This Proposed AD and the MCAI

    Although EASA AD 2022-0057 requires reporting inspection findings, 
this proposed AD would not require any reports. Collecting additional 
information will not add to determination of the unsafe condition or 
corrective actions.

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 2022-0057 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0057 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 2022-0057 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 2022-
0057. Service information required by EASA AD 2022-0057 for compliance 
will be available at regulations.gov by searching for and locating 
Docket No. FAA-2022-1242 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 131 airplanes 
of U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................              $0             $425          $55,675
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
20 work-hours x $85 per hour = $1,700.         $11,393          $13,093
------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I,

[[Page 59344]]

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 adding the following new airworthiness 
directive:

Airbus SAS: Docket No. FAA-2022-1242; Project Identifier MCAI-2022-
00433-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive (AD) 
by November 14, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (9) of this AD, certificated in any category.
    (1) Model A330-201, -202, -203, -223, -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.
    (6) Model A340-211, -212, and -213 airplanes.
    (7) Model A340-311, -312, and -313 airplanes.
    (8) Model A340-541 airplanes.
    (9) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 56, Windows.

(e) Unsafe Condition

    This AD was prompted by a report that a Model A319 airplane lost 
the right-hand front windshield in flight. Due to the design 
similarity, this condition can also exist or develop on Model A330 and 
A340 series airplanes. The FAA is issuing this AD to address possible 
windshield failure. This condition, if not addressed, could possibly 
result in injury to the flightcrew and in-flight depressurization of 
the airplane, and would significantly increase pilot workload.

(f) Compliance

    Comply with this AD within the compliance times specified, unless 
already done.

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 2022-
0057, dated March 28, 2022 (EASA AD 2022-0057).

(h) Exceptions to EASA AD 2022-0057

    (1) Where EASA AD 2022-0057 refers to its effective date, this AD 
requires using the effective date of this AD.
    (2) Where paragraph (6) of EASA AD 2022-0057 refers to a ``defect, 
as identified in the SB,'' for purposes of this AD, defects include 
manufacturing variability, fretting between windshield components, 
water ingress, and electrical braids corrosion.
    (3) The ``Remarks'' section of EASA AD 2022-0057 does not apply to 
this AD.

(i) No Reporting Requirement

    Although paragraphs (11) and (12) of EASA AD 2022-0057 and the 
service information referenced therein specify 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, 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, send it to 
the attention of the person identified in paragraph (k)(2) 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, 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(s) (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

[[Page 59345]]

back in an airworthy condition. Any substitutions or changes to 
procedures or tests identified as RC require approval of an AMOC.

(k) Related Information

    (1) For EASA AD 2022-0057, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet easa.europa.eu. You may find this EASA AD 
on the EASA website at ad.easa.europa.eu. You may view this material at 
the FAA, Airworthiness Products Section, Operational Safety Branch, 
2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. This 
material may be found in the AD docket at regulations.gov by searching 
for and locating Docket No. FAA-2022-1242.
    (2) For more information about this AD, contact Vladimir Ulyanov, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3229; email [email protected].
    (3) For service information identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 
000; email [email protected]; internet easa.europa.eu. You may find 
this material on the EASA website atad.easa.europa.eu. 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.

    Issued on September 23, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-21022 Filed 9-29-22; 8:45 am]
BILLING CODE 4910-13-P


