[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69015-69018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22078]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1213; Project Identifier MCAI-2022-01615-T; 
Amendment 39-22561; AD 2023-20-02]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-18-
12, which applied to all Airbus SAS Model A330-841 and -941 airplanes. 
AD 2022-18-12 required installing serviceable engine electronic control 
(EEC) software or EEC units having the serviceable software, limiting 
certain parts installation configurations, and prior or concurrent 
modification of EEC software. This AD was prompted by a determination 
that engine crystal icing protection could be (temporarily) lost if an 
erroneous total pressure value is provided by the airplane system, 
which is addressed through EEC software. This AD continues to require 
certain actions in AD 2022-18-12 and requires adding new limitations 
for intermixing of certain EEC software standards and a new operational 
limitation for engines with certain EEC software installed, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. This AD also prohibits the installation 
of certain engines under certain conditions. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD is effective November 9, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 9, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1213; 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 final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For material incorporated by reference in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#7031340330151103115e1505021f00115e1505"><span class="__cf_email__" data-cfemail="d49590a794b1b5a7b5fab1a1a6bba4b5fab1a1">[email protected]</span></a>; website easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu.
    <bullet> 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 under Docket No. FAA-2023-1213.

FOR FURTHER INFORMATION CONTACT: Tim Dowling, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3667; email <a href="/cdn-cgi/l/email-protection#7d09141012091504530d5319120a1114131a3d1b1c1c531a120b"><span class="__cf_email__" data-cfemail="66120f0b09120e1f4816480209110a0f08012600070748010910">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2022-18-12, Amendment 39-22163 (87 FR 
56561, September 15, 2022) (AD 2022-18-12). AD 2022-18-12 applied to 
all Airbus SAS Model A330-841 and -941 airplanes. 2022-18-12 required 
installing serviceable EEC software or

[[Page 69016]]

EEC units having the serviceable software, limiting certain parts 
installation configurations, and prior or concurrent modification of 
EEC software. The FAA issued AD 2022-18-12 to address erroneous 
electronic centralized airplane monitoring (ECAM) engine oil pressure 
warnings, which could lead to dual engine in-flight shutdown and result 
in reduced control of the airplane.
    The NPRM published in the Federal Register on June 16, 2023 (88 FR 
39379). The NPRM was prompted by AD 2022-0253, dated December 19, 2022 
(EASA AD 2022-0253) (also referred to as the MCAI), issued by EASA, 
which is the Technical Agent for the Member States of the European 
Union. The MCAI states that it has been determined that engine crystal 
icing protection could be (temporarily) lost if an erroneous total 
pressure value is provided by the airplane system, which, if not 
corrected, also could lead to dual engine in-flight shutdown and result 
in reduced control of the airplane. To address this unsafe condition, 
Rolls-Royce developed new EEC full-authority digital engine control 
software (EEC standard 5.3) for the affected Trent 7000 engines.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1213.
    In the NPRM, the FAA proposed to continue certain actions in AD 
2022-18-12. The NPRM also proposed to require adding new limitations 
for intermixing of certain EEC software standards, and an operational 
limitation for airplanes having an engine with certain EEC software 
installed, as specified in EASA AD 2022-0253. The NPRM also proposed to 
prohibit the installation of certain engines under certain conditions. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.
    The FAA received additional comments from a commenter, Delta Air 
Lines (Delta). The following presents the comments received on the NPRM 
and the FAA's response to each comment.

Request for Exception to Operational Limitations

    Delta requested adding an exception to the operational limitations 
described in paragraph (7) of EASA AD 2022-0253, which Delta stated 
prohibits intermixing of software once the airplane has been modified 
to install EEC SW standard 5.3 on both engines. Delta stated that 
paragraph (7) of EASA AD 2022-0253 contradicts paragraph (4) of EASA AD 
2022-0253, which allows intermixing certain software standards. Delta 
requested that the exception allow installation of an affected EEC 
unit, software, or engine if the airplane is operated under certain 
operational requirements. Delta reasoned that because the software can 
be installed on individual engines or EECs, an affected EEC unit or 
engine should be permitted to be installed on a modified airplane 
(i.e., go from having both engines updated and unaffected to having 
only one engine updated) as long as the configuration meets intermixing 
or interchangeability requirements and the 2-year limit specified in 
paragraph (6) of EASA AD 2022-0253 is not exceeded. Delta pointed out 
that allowing this would promote operational flexibility if an updated 
EEC unit or engine needs to be replaced and the only available EEC unit 
or engine has not been updated to EEC software standard 5.3. Delta 
added that it made a similar comment during EASA's rulemaking process 
for EASA AD 2022-0253 and that EASA clarified that paragraph (7) of 
EASA AD 2022-0253 didn't prohibit re-installing affected EEC software 
on the airplane. Delta recommended revising the Background section, 
Related Service Information Under 1 CFR part 51 section, and paragraph 
(h) of the proposed AD with the exceptions or clarifying changes.
    The FAA agrees to clarify. Paragraph (7) of EASA AD 2022-0253 
simply provides an acceptable method to comply with the operational 
limitations in paragraph (6) of EASA AD 2022-0253, which only becomes 
effective 2 years after the effective date of this AD. Paragraph (7) of 
EASA AD 2022-0253 does not prohibit intermixing or interchangeability 
before that date, but instead clarifies that changing the modified 
airplane configuration to install an affected EEC unit or engine would 
mean the airplane no longer complies with the operational limitations 
in paragraph (6) of EASA AD 2022-0253. The FAA has not changed this AD 
in this regard.

Conclusion

    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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data, considered the 
comments received, and determined that air safety requires adopting 
this AD as proposed. Accordingly, the FAA is issuing this AD to address 
the unsafe condition on this product. Except for minor editorial 
changes, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0253 specifies procedures for limitations for 
intermixing of certain EEC software and an operational limitation for 
engines with certain EEC software installed. EASA AD 2022-0253 
specifies that installation of serviceable EEC software is acceptable 
for compliance with (terminates) the operational limitation, provided 
that no affected EEC software, affected EEC unit, or affected engine is 
subsequently installed on the airplane. EASA AD 2022-0253 also 
prohibits the installation of engines with certain EEC software. 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.

Costs of Compliance

    The FAA estimates that this AD, affects 20 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-18-12     1 work-hours x $85 per                $0             $85          $1,700
 (parts limitations).                    hour = $85.

[[Page 69017]]

 
New actions...........................  Up to 25 work-hours x                * 0           2,125          42,500
                                         $85 per hour = $2,125.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
  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

    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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 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) 2022-18-12, Amendment 39-22163 
(87 FR 56561, September 15, 2022); and
0
b. Adding the following new AD:

2023-20-02 Airbus SAS: Amendment 39-22561; Docket No. FAA-2023-1213; 
Project Identifier MCAI-2022-01615-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 9, 2023.

(b) Affected ADs

    This AD replaces AD 2022-18-12, Amendment 39-22163 (87 FR 56561, 
September 15, 2022) (AD 2022-18-12).

(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 73, Engine Fuel 
and Control.

(e) Unsafe Condition

    This AD was prompted by a determination that engine crystal 
icing protection could be (temporarily) lost if an erroneous total 
pressure value is provided by the airplane system and the engine 
electronic control (EEC) software used to correct the system 
requires modification. This modification may conflict with EEC 
software to address erroneous electronic centralized airplane 
monitoring (ECAM) engine oil pressure warnings. The FAA is issuing 
this AD to address erroneous total pressure values being provided by 
the airplane system and any EEC software that should not be 
intermixed. The unsafe condition, if not addressed, could result in 
dual engine in-flight shut-down, and subsequent reduced 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 
2022-0253, dated December 19, 2022 (EASA AD 2022-0253).

(h) Exceptions to EASA AD 2022-0253

    (1) Where EASA AD 2022-0253 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0253 refers to ``10 September 2021,'' 
this AD requires using October 20, 2022 (the effective date of AD 
2022-18-12).
    (3) Where EASA AD 2022-0253 refers to ``10 September 2023,'' 
this AD requires using October 20, 2024 (24 months after October 20, 
2022, the effective date of AD 2022-18-12).
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0253.

(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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#50697d1106037d1119027d6763607d111d1f13103631317e373f26"><span class="__cf_email__" data-cfemail="f6cfdbb7a0a5dbb7bfa4dbc1c5c6dbb7bbb9b5b6909797d8919980">[email protected]</span></a>. 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.

[[Page 69018]]

(j) Additional Information

    For more information about this AD, contact Tim Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3667; email 
<a href="/cdn-cgi/l/email-protection#186c7175776c70613668367c776f7471767f587e7979367f776e"><span class="__cf_email__" data-cfemail="e5918c888a918d9ccb95cb818a92898c8b82a5838484cb828a93">[email protected]</span></a>.

(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 2022-0253, 
dated December 19, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0253, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#0b4a4f784b6e6a786a256e7e79647b6a256e7e"><span class="__cf_email__" data-cfemail="3574714675505446541b5040475a45541b5040">[email protected]</span></a>; website easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (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 that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
<a href="/cdn-cgi/l/email-protection#4a2c38642324393a2f293e2325240a242b382b642d253c"><span class="__cf_email__" data-cfemail="ccaabee2a5a2bfbca9afb8a5a3a28ca2adbeade2aba3ba">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 27, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22078 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-13-P


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