[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Rules and Regulations]
[Pages 67351-67354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24307]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 
 ========================================================================
 

  Federal Register / Vol. 87, No. 215 / Tuesday, November 8, 2022 / 
Rules and Regulations  

[[Page 67351]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1247; Project Identifier MCAI-2021-01066-T; 
Amendment 39-22200; AD 2022-21-01]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-06-
07, which applied to certain Airbus SAS Model A330-200 series and A330-
300 series airplanes. AD 2021-06-07 required repetitive detailed 
inspections of the courier area oxygen system (CAOS) and replacement of 
affected parts if necessary. Since the FAA issued AD 2021-06-07, 
improved flexible oxygen hoses have been developed. This AD continues 
to require repetitive detailed inspections of the CAOS and replacement 
of affected parts if necessary. This AD also requires replacing each 
affected part with an improved serviceable part, which is terminating 
action for the repetitive inspections. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective November 23, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 23, 
2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of April 
20, 2021 (86 FR 17512, April 5, 2021).
    The FAA must receive comments on this AD by December 23, 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 service information identified in this final rule, contact Elbe 
Flugzeugwerke GmbH Customer Support, Grenzstra[szlig]e 1, 01109 
Dresden, Germany; phone: +49 351 8839 2749; fax: +49 351 8839 2125; 
email: [email protected]; website: elbeflugzeugwerke.com/en/. You 
may view this referenced service information at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195. It is also available at regulations.gov by 
searching for and locating Docket No. FAA-2022-1247.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1247; or in person at the Docket 
Management Facility between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this AD, the mandatory 
continuing airworthiness information (MCAI) any comments received, and 
other information. The street address for the Docket Operations office 
is listed above. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued AD 2021-06-07, Amendment 39-21474 (86 FR 17512, 
April 5, 2021) (AD 2021-06-07), for certain Airbus SAS Model A330-200 
series and A330-300 series airplanes. AD 2021-06-07 was prompted by 
reports of cracked flexible hoses in the CAOS. AD 2021-06-07 required 
repetitive detailed inspections of the CAOS and replacement of affected 
parts if necessary. The FAA issued AD 2021-06-07 to address cracked 
CAOS hoses. This condition, if not addressed, could lead to oxygen 
leakage in the flexible hoses of the CAOS, which, in combination with 
in-flight depressurization or smoke evacuation procedure, could result 
in injury to occupants of the courier area.

Actions Since AD 2021-06-07 Was Issued

    Since the FAA issued AD 2021-06-07, improved flexible oxygen hoses 
have been developed and EASA and the FAA have determined that 
replacement of each affected part with a new flexible oxygen hose is 
necessary to address the unsafe condition.
    European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2021-0173, dated July 21, 2021 (EASA AD 2021-0173) (also 
referred to as the MCAI), to correct an unsafe condition for certain 
Airbus SAS Model A330-243, A330-322, and A330-343 airplanes. You may 
examine the MCAI in the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1247.
    This AD was prompted by reports of cracked flexible hoses in the 
CAOS, and the development of, and the development of improved flexible 
oxygen hoses. The FAA is issuing this AD to address cracked CAOS hoses. 
This condition, if not addressed, could lead to oxygen leakage in the 
flexible hoses of the CAOS, which, in combination with in-flight 
depressurization or smoke evacuation procedure, could result in injury 
to occupants of the courier area. See the MCAI for additional 
background information.

[[Page 67352]]

Change to the Applicability of AD 2021-06-07

    The applicability of AD 2021-06-07 is Airbus SAS Model A330-201, -
202, -203, -223, -243, -301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes that were converted to freighter airplanes in 
accordance with FAA supplemental type certificate (STC) ST04038NY and 
STC ST04045NY. However, the applicability of this AD is limited to 
Model A330-243, -322, and -343 airplanes having manufacturer serial 
numbers 0116, 0127, 0231, 0600, 0610, 0709, 0777, and 0781. Due to a 
design change introduced during passenger-to-freighter conversion, 
airplanes converted in the future will not be affected by the 
identified unsafe condition.

Related Service Information Under 1 CFR Part 51

    Elbe Flugzeugwerke GmbH (EFW) has issued Service Bulletin EFW-SB-
35-0001, Revision 01, dated July 3, 2020; and Service Bulletin EFW-SB-
35-0002, Revision 01, dated June 22, 2020. This service information 
describes procedures for repetitive detailed inspections (including 
functional tests) of the CAOS to detect any leakage or damage 
(cracking) in the 32209-series oxygen distribution hoses installed in 
the courier area and in lavatory A, and replacement.
    EFW has also issued Service Bulletin EFW-SB-35-0003, dated January 
27, 2021; and Service Bulletin EFW-SB-35-0006, dated June 9, 2021. This 
service information describes procedures for modifying the CAOS by 
replacing the 32209-series oxygen distribution hoses with improved 
flexible oxygen hoses.
    This AD would also require Elbe Flugzeugwerke GmbH Service Bulletin 
EFW-SB-35-0001, dated March 8, 2019; and Elbe Flugzeugwerke GmbH 
Service Bulletin EFW-SB-35-0002, dated September 2, 2019, which the 
Director of the Federal Register approved for incorporation by 
reference as of April 20, 2021 (86 FR 17512, April 5, 2021).
    This service information 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, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is issuing this AD 
because the FAA evaluated all pertinent information and determined the 
unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in the service 
information described previously.

FAA's Justification and Determination of the Effective Date

    There are currently no domestic operators of these products. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
forgoing reason(s), the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-1247; Project Identifier MCAI-
2021-01066-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to 
Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and 
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; 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.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, the FAA provides the following cost estimates to comply with 
this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-06-07...........  20 work-hours x $85 per hour =                $0          $1,700
                                                 $1,700.
New actions...................................  7 work-hours x $85 per hour =             13,485          14,080
                                                 $595.
----------------------------------------------------------------------------------------------------------------


[[Page 67353]]

    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
------------------------------------------------------------------------
7 work-hours x $85 per hour = $595....         $13,485          $14,080
------------------------------------------------------------------------

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 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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2021-06-07, Amendment 39-21474 
(86 FR 17512, April 5, 2021); and
0
b. Adding the following new AD:

2022-21-01 Airbus SAS: Amendment 39-22200; Docket No. FAA-2022-1247; 
Project Identifier MCAI-2021-01066-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 23, 
2022.

(b) Affected ADs

    This AD replaces AD 2021-06-07, Amendment 39-21474 (86 FR 17512, 
April 5, 2021) (AD 2021-06-07).

(c) Applicability

    This AD applies to Airbus SAS Model A330-243, -322, and -343 
airplanes, certificated in any category, converted to freighter 
airplanes in accordance with FAA supplemental type certificate (STC) 
ST04038NY and STC ST04045NY, having manufacturer serial numbers 
0116, 0127, 0231, 0600, 0610, 0709, 0777, and 0781.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by reports of cracked flexible hoses in the 
courier area oxygen system (CAOS), and the development of improved 
flexible oxygen hoses. The FAA is issuing this AD to address cracked 
CAOS hoses. This condition, if not addressed, could lead to oxygen 
leakage in the flexible hoses of the CAOS, which, in combination 
with in-flight depressurization or smoke evacuation procedure, could 
result in injury to occupants of the courier area.

(f) Compliance

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

(g) Definitions

    The definitions in paragraphs (g)(1) through (3) of this AD 
apply.
    (1) An affected part is a 32209-series oxygen flexible hose used 
in the CAOS, having a part number specified in figure 1 to paragraph 
(g)(1) of this AD.
[GRAPHIC] [TIFF OMITTED] TR08NO22.001

    (2) A serviceable part is an affected part that is new (never 
previously installed), or that, before further flight after 
installation into the CAOS, has passed an inspection and functional 
test (no leakage or damage found) as specified in paragraph (h) of 
this AD.

[[Page 67354]]

    (3) An improved serviceable part is a flexible hose having a 
part number as specified in figure 1 to paragraph (g)(1) of this AD.

(h) Retained Repetitive Inspections, With Revised Service Information

    This paragraph restates the requirements of paragraph (h) of AD 
2021-06-07, with revised service information. Within 1,600 flight 
hours after April 20, 2021 (the effective date of AD 2021-06-07) and 
thereafter at intervals not to exceed 1,600 flight hours, do a 
detailed inspection (including functional testing) for leakage or 
damage of the CAOS and lavatory A oxygen system in accordance with 
the Accomplishment Instructions of Elbe Flugzeugwerke GmbH Service 
Bulletin EFW-SB-35-0001, dated March 8, 2019; Elbe Flugzeugwerke 
GmbH Service Bulletin EFW-SB-35-0002, dated September 2, 2019; Elbe 
Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0001, Revision 01, 
dated July 3, 2020; or Elbe Flugzeugwerke GmbH Service Bulletin EFW-
SB-35-0002, Revision 01, dated June 22, 2020; as applicable.

(i) Retained Replacement, With Revised Service Information and a New 
Replacement Action Option

    This paragraph restates the requirements of paragraph (i) of AD 
2021-06-07, with revised service information and a new replacement 
action option. If, during any inspection required by paragraph (h) 
of this AD, any leakage or damage (i.e., cracking) is found: Before 
further flight, do the actions specified in paragraph (i)(1) or (2) 
of this AD:
    (1) Replace the affected part with a serviceable part, as 
defined in paragraph (g)(2) of this AD, in accordance with the 
Accomplishment Instructions of Elbe Flugzeugwerke GmbH Service 
Bulletin EFW-SB-35-0001, dated March 8, 2019; Elbe Flugzeugwerke 
GmbH Service Bulletin EFW-SB-35-0002, dated September 2, 2019; Elbe 
Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0001, Revision 01, 
dated July 3, 2020; or Elbe Flugzeugwerke GmbH Service Bulletin EFW-
SB-35-0002, Revision 01, dated June 22, 2020; as applicable.
    (2) Replace each affected part with an improved serviceable 
part, as defined in paragraph (g)(3) of this AD, in accordance with 
the Accomplishment Instructions of Elbe Flugzeugwerke GmbH Service 
Bulletin EFW-SB-35-0003, dated January 27, 2021; or Elbe 
Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0006, dated June 9, 
2021; as applicable.

(j) New Requirement of This AD: Modification

    Unless already accomplished as specified in paragraph (i) of 
this AD, within 42 months after the effective date of this AD, 
modify the airplane by replacing each affected part with an improved 
serviceable part, as defined in paragraph (g)(3) of this AD, in 
accordance with the Accomplishment Instructions of Elbe 
Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0003, dated January 
27, 2021; or Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-
0006, dated June 9, 2021; as applicable.

(k) Terminating Action

    (1) Replacement of an affected part with a serviceable part, as 
specified in paragraph (i) of this AD, does not terminate the 
repetitive inspections required by paragraph (h) of this AD.
    (2) Modification of an airplane by installing improved 
serviceable parts as required by paragraph (j) of this AD, or as 
specified in paragraph (i) of this AD, as applicable, terminates the 
repetitive inspections required by paragraph (h) of this AD for that 
airplane.

(l) Parts Installation Prohibition

    After modifying an airplane by replacing each affected part with 
an improved serviceable part as required by paragraph (j) of this 
AD, or as specified in paragraph (i) of this AD, as applicable, no 
person may install an affected part on any airplane.

(m) Other FAA 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 (n)(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 the European Union 
Aviation Safety Agency (EASA); or Airbus SAS's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(n) Related Information

    (1) Refer to EASA AD 2021-0173, dated July 21, 2021, for related 
information. This EASA AD may be found in the AD docket at 
regulations.gov by searching for and locating Docket No. FAA-2022-
1247.
    (2) For more information about this AD, contact Elizabeth 
Dowling, Aerospace Engineer, Mechanical Systems and Administrative 
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7300; email [email protected].

(o) 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.
    (3) The following service information was approved for IBR on 
November 23, 2022.
    (i) Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0001, 
Revision 01, dated July 3, 2020.
    (ii) Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0002, 
Revision 01, dated June 22, 2020.
    (iii) Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0003, 
dated January 27, 2021.
    (iv) Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0006, 
dated June 9, 2021.
    (4) The following service information was approved for IBR on 
April 20, 2021 (86 FR 17512, April 5, 2021).
    (i) Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0001, 
dated March 8, 2019.
    (ii) Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0002, 
dated September 2, 2019.
    (5) For service information identified in this AD, contact Elbe 
Flugzeugwerke GmbH Customer Support, Grenzstra[szlig]e 1, 01109 
Dresden, Germany; phone: +49 351 8839 2749; fax: +49 351 8839 2125; 
email: [email protected]; website: elbeflugzeugwerke.com/en/.
    (6) 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.
    (7) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 26, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-24307 Filed 11-7-22; 8:45 am]
BILLING CODE 4910-13-P


