30434 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

interested parties in the docket for this 

rulemaking. 

Signing Authority 

This document of the Department of 

Energy was signed on May 13, 2022, by 

Kelly J. Speakes-Backman, Principal 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on May 13, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–10713 Filed 5–18–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0522; Project 

Identifier MCAI–2022–00340–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 

certain Airbus SAS Model A330–200, 

A330–200 Freighter, A330–300, and 

A330–900 series airplanes; and all 

Model A340–200 and A340–300 series 

airplanes. This proposed AD was 

prompted by recent tests that 

demonstrated that when the upper 

secondary load path (SLP) of the 

trimmable horizontal stabilizer actuator 

(THSA) is engaged, the THSA might not 

stall, with consequently no indication of 

SLP engagement. This proposed AD 

would require modifying the THSA 

installation, implementing the electrical 

load sensing device (ELSD) wiring 

provisions, and installing and activating 

the ELSD, 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 July 5, 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 ADs@easa.europa.eu; 

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–2022–0522. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0522; 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 and fax 206–231–3229; email 

Vladimir.Ulyanov@faa.gov. 

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–2022–0522; Project Identifier 

MCAI–2022–00340–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 

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 

Vladimir.Ulyanov@faa.gov. 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 2022–0039, 

dated March 8, 2022 (EASA AD 2022– 

0039) (also referred to as the MCAI), to 

correct an unsafe condition for certain 

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– 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 30435 

322, A330–323, A330–341, A330–342, 

A330–343, and A330–941 airplanes; and 

all Model A340–211, A340–212, A340– 

213, A340–311, A340–312, and A340– 

313 airplanes. 

The trimmable horizontal stabilizer 

actuator (THSA) has a fail-safe design: 

Each attachment, upper and lower, has 

two load paths, a normally loaded 

primary load path (PLP) and a 

secondary load path (SLP); the SLP is 

engaged only in case of PLP rupture. 

When the SLP is engaged, the design 

purpose was to generate a stall of the 

THSA by friction and to detect a stall by 

the position monitoring with an 

indication provided to the flight crew. 

This proposed AD was prompted by 

recent tests that demonstrated that when 

the upper SLP is engaged, the THSA 

might not stall, with consequently no 

indication of SLP engagement. The FAA 

is proposing this AD to prevent damage 

on the upper THSA SLP attachment, 

with consequent mechanical 

disconnection of the THSA, possibly 

resulting in loss of control of the 

airplane. See the MCAI for additional 

background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2022–0039 specifies 

procedures for modification to the 

THSA by installation and activation of 

the electrical load sensing device 

(ELSD), and installation of the wiring 

provisions for the ELSD. The 

installation and activation of the ELSD 

include installation of the ELSD on the 

THSA, modification of the electrical 

harness, and modification of the circuit 

breaker in the auxiliary power unit 

(APU) control box. The installation of 

the wiring provisions for the ELSD 

includes modifying the structure at 

frame 87, installing the brackets at frame 

87, installing the electrical dummy 

connectors, rerouting the wire between 

frame 56 and frame 69, modifying the 

circuit breaker box, modifying the 

electrical harness, and rerouting the 

wiring. 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 these same type 

designs. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2022–0039 described 

previously, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD. 

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 2022–0039 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2022–0039 

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 2022–0039 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 2022–0039. 

Service information required by EASA 

AD 2022–0039 for compliance will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2022–0522 after the FAA final 

rule is published. 

Costs of Compliance 

The FAA estimates that this proposed 

AD would affect 120 airplanes of U.S. 

registry. The FAA estimates the 

following costs to comply with this 

proposed AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

57 work-hours × $85 per hour = $4,845 .................................................................................. Up to $23,000 .. $27,845 $3,341,400 

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. 


jspears on DSK121TN23PROD with PROPOSALS1
30436 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Airbus SAS: Docket No. FAA–2022–0522; 

Project Identifier MCAI–2022–00340–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by July 5, 2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus SAS airplanes 

specified in paragraphs (c)(1) and (2) of this 

AD, certificated in any category, as identified 

in European Union Aviation Safety Agency 

(EASA) AD 2022–0039, dated March 8, 2022 

(EASA AD 2022–0039). 

(1) Model A330–201, –202, –203, –223, 

–223F, –243, –243F, –301, –302, –303, –321, 

–322, –323, –341, –342, –343, and –941 

airplanes. 

(2) Model A340–211, –212, –213, –311, 

–312, and –313 airplanes. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 27, Flight Controls. 

(e) Unsafe Condition 

This AD was prompted by recent tests that 

demonstrated that when the upper secondary 

load path (SLP) of the trimmable horizontal 

stabilizer actuator (THSA) is engaged, the 

THSA might not stall, with consequently no 

indication of SLP engagement. The FAA is 

issuing this AD to prevent damage on the 

upper THSA SLP attachment, with 

consequent mechanical disconnection of the 

THSA, possibly resulting in loss of 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, EASA AD 2022–0039. 

(h) Exceptions to EASA AD 2022–0039 

(1) Where EASA AD 2022–0039 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) The ‘‘Remarks’’ section of EASA AD 

2022–0039 does not apply to this AD. 

(i) 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 (j)(2) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 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 (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) Related Information 

(1) For EASA AD 2022–0039, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; 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–2022–0522. 

(2) For more information about this AD, 

contact Vladimir Ulyanov, Aerospace 

Engineer, Large Aircraft Section, 

International Validation Branch, FAA, 2200 

South 216th Street, Des Moines, WA 98198; 

telephone and fax 206–231–3229; email 

Vladimir.Ulyanov@faa.gov. 

Issued on May 13, 2022. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2022–10722 Filed 5–18–22; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Chapter II 

[Docket No. CPSC–2022–0015] 

Petitions Requesting Rulemaking To 

Amend the Safety Standard for Play 

Yards To Require a Minimum 

Thickness for Play Yard Mattresses, 

and To Standardize the Size of Play 

Yards and Play Yard Mattresses; 

Request for Comments 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of petitions for 

rulemaking. 

SUMMARY: The U.S. Consumer Product 

Safety Commission (Commission or 

CPSC) received two petitions regarding 

play yards and play yard mattresses. 

The Commission invites written 

comments concerning these petitions. 

DATES: Submit comments by July 18, 

2022. 

ADDRESSES: Submit comments, 

identified by Docket No. CPSC–2022– 

0015, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

CPSC typically does not accept 

comments submitted by electronic mail 

(email), except through https://

www.regulations.gov. CPSC encourages 

you to submit electronic comments by 

using the Federal eRulemaking Portal, 

as described above. 

Mail/hand delivery/courier Written 

Submissions: Submit comments by 

mail/hand delivery/courier to: Division 

of the Secretariat, Consumer Product 

Safety Commission, 4330 East-West 

Highway, Bethesda, MD 20814; 

telephone: (301) 504–7479. 

Alternatively, as a temporary option 

during the COVID–19 pandemic, you 

can email such submissions to: cpsc-os@

cpsc.gov. 

Instructions: All submissions must 

include the agency name and docket 


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