AD 2022-16-06

This AD is effective September 27, 2022.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 27, 2022.

For material 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 IBR 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 www.regulations.gov under Docket No. FAA-2022-0522.

Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 206-231-3229; email Vladimir.Ulyanov@faa.gov.

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, A330-322, 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 FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to 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, A330-322, 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 NPRM published in the Federal Register on May 19, 2022 (87 FR 30434). The NPRM was prompted by recent tests that demonstrated that when the upper SLP of the THSA is engaged, the THSA might not stall, with consequently no indication of SLP engagement. The NPRM proposed to require modifying the THSA installation, implementing the ELSD wiring provisions, and installing and activating the ELSD, as specified in EASA AD 2022-0039.

The FAA is issuing this AD to address the unsafe condition on these products. See the MCAI for additional background information.

The FAA received comments from the Air Line Pilots Association, International, which supported the NPRM without change.

The FAA reviewed the relevant data, considered the comments received, and determined that air safety requires adopting this AD as proposed. 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. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products.

EASA AD 2022-0039 specifies procedures for modification to the THSA by installation and activation of the 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.

The FAA estimates that this AD affects 120 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:

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.

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.

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

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

2. The FAA amends § 39.13 by adding the following new airworthiness directive: