[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5814-5816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01835]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0028; Project Identifier MCAI-2022-01164-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) 
2022-03-12, which applies to all Airbus SAS Model A330-200, -300, -800, 
and -900 series airplanes; and Model A340-200, -300, -500, and -600 
series airplanes. AD 2022-03-12 requires replacing the doghouse door 
lock placard with an improved instruction placard. Since the FAA issued 
AD 2022-03-12, it has been determined that additional parts need to be 
modified. This proposed AD would continue to require the actions in AD 
2022-03-12 and would expand the list of affected parts, as specified in 
a European Union Aviation Safety Agency (EASA) AD, which is proposed 
for incorporation by reference (IBR). This proposed AD would also 
prohibit the installation of affected parts under certain conditions. 
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 March 16, 
2023.

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-2023-0028; 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 AD identified in this NPRM, you may 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-2023-0028.
     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.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 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-2023-0028; Project Identifier 
MCAI-2022-01164-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 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 2022-03-12, Amendment 39-21929 (87 FR 8169, 
February 14, 2022) (AD 2022-03-12), for all Airbus SAS Model A330-200, 
-300, -800, and -900 series airplanes; and Model A340-200, -300, -500, 
and -600 series airplanes. AD 2022-03-12 was prompted by an MCAI 
originated by EASA, which is the Technical Agent for the Member States 
of the European Union. EASA issued AD 2021-0136, dated June 4, 2021 
(EASA AD 2021-0136), to correct an unsafe condition.
    AD 2022-03-12 requires replacing the doghouse door lock placard 
with an improved instruction placard. AD 2022-03-12 also prohibits the 
installation of affected parts under certain conditions. The FAA issued 
AD 2022-03-12 to address possible incorrect operation of the doghouse 
door lock due to unclear and incomplete handling instructions on the 
door placard installed near the lock. This condition, if not addressed, 
could lead to failure of the latch, which could block the door in the 
closed position and prevent access to the emergency equipment inside 
the doghouse.

[[Page 5815]]

Actions Since AD 2022-03-12 Was Issued

    Since the FAA issued AD 2022-03-12, EASA superseded EASA AD 2021-
0136, and issued AD 2022-0179, dated August 26, 2022 (EASA AD 2022-
0179) (also referred to as the MCAI), to correct an unsafe condition 
for all Airbus SAS A330-201, A330-202, A330-203, A330-223, A330-243, 
A330-301, A330-302, A330-303, A330-321, A330-322, A330-323, A330-341, 
A330-342, A330-343, 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 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.
    The MCAI states that the instructions on the doghouse door lock 
placard are unclear and incomplete, and could lead to incorrect 
operation of the lock. This condition, if not corrected, could lead to 
failure of the latch, blocking the door in the closed position and 
preventing access to emergency equipment, possibly resulting in injury 
to airplane occupants. Since EASA AD 2021-0136 was issued, it has been 
determined that additional parts need to be modified.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0028.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2022-03-12, this proposed AD would retain all of the 
requirements of AD 2022-03-12. Those requirements are referenced in 
EASA AD 2022-0179, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0179 specifies procedures for replacing the doghouse 
door lock placard with an improved instruction placard. EASA AD 2022-
0179 also prohibits the installation of doghouses with incorrect 
instruction placards. 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 and 
service information 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 all requirements of AD 2022-03-12. 
This proposed AD would require accomplishing the actions specified in 
EASA AD 2022-0179 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 parts 
under certain conditions.

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 2022-0179 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0179 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 2022-0179 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-
0179. Service information required by EASA AD 2022-0179 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-0028 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 62 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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              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
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2 work-hours x $85 per hour = $170...  Up to $95 per placard..  Up to $265 per placard.  Up to $16,430.*
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* Assuming one placard per product. The number of placards on an airplane depends on the passenger configuration
  and varies from operator to operator.

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.

[[Page 5816]]

    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) 2022-03-12, Amendment 39-21929 
(87 FR 8169, February 14, 2022); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-0028; Project Identifier MCAI-2022-
01164-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 16, 2023.

(b) Affected ADs

    This AD replaces AD 2022-03-12, Amendment 39-21929 (87 FR 8169, 
February 14, 2022) (AD 2022-03-12).

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any 
category, as identified in paragraphs (c)(1) through (8) of this AD.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (3) Model A330-841 airplanes.
    (4) Model A330-941 airplanes.
    (5) Model A340-211, -212, and -213 airplanes.
    (6) Model A340-311, -312, and -313 airplanes.
    (7) Model A340-541 airplanes.
    (8) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by reports that the instructions on the 
doghouse door lock placard are unclear and incomplete, and by a 
determination that additional parts need to be modified. The FAA is 
issuing this AD to address possible incorrect operation of the 
doghouse door lock due to unclear and incomplete handling 
instructions on the door placard installed near the lock. The unsafe 
condition, if not addressed, could result in failure of the latch, 
which could block the door in the closed position and prevent access 
to the emergency equipment inside the doghouse.

(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 
2022-0179, dated August 26, 2022 (EASA AD 2022-0179).

(h) Exceptions to EASA AD 2022-0179

    (1) Where EASA AD 2022-0179 refers to June 18, 2021 (the 
effective date of EASA AD 2021-0136), this AD requires using March 
21, 2022 (the effective date of AD 2022-03-12).
    (2) Where EASA AD 2022-0179 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Although EASA AD 2022-0179 specifies to ``remove the placard 
and install an improved handling instructions placard on each 
affected part,'' this AD requires replacing the placard on each 
affected part with an improved handling instructions placard.
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0179.

(i) Additional 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 (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraph (i)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(j) Additional Information

    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 and fax 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 2022-0179, 
dated August 26, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0179, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (4) 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.
    (5) 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 January 25, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-01835 Filed 1-27-23; 8:45 am]
BILLING CODE 4910-13-P


