[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Rules and Regulations]
[Pages 24683-24686]
[FR Doc No: 2023-08529]

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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;
Amendment 39-22404; AD 2023-07-02]
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) 2022-03-
12, which applied 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 required replacing the doghouse door lock
placard with an improved instruction placard. 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. This AD continues to require the actions in AD
2022-03-12 and expands the list of affected parts, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. This AD also prohibits the installation of affected parts
under certain conditions. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective May 30, 2023.
    The Director of the Federal Register approved the incorporation by
reference

of a certain publication listed in this AD as of May 30, 2023.

ADDRESSES:
    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 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:
     For material incorporated by reference in this AD, 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.
     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<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-0028.

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<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2022-03-12, Amendment 39-21929 (87 FR 8169,
February 14, 2022) (AD 2022-03-12). AD 2022-03-12 applied to all Airbus
SAS Model A330-200, -300, -800, and -900 series airplanes; and Model
A340-200, -300, -500, and -600 series. AD 2022-03-12 required replacing
the doghouse door lock placard with an improved instruction placard. AD
2022-03-12 also prohibited 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.
    The NPRM published in the Federal Register on January 30, 2023 (88
FR 5814). The NPRM was prompted by AD 2022-0179, dated August 26, 2022,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2022-0179) (also referred to as the MCAI).
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.
    In the NPRM, the FAA proposed to continue to require the actions in
AD 2022-03-12 and expand the list of affected parts, as specified in
EASA AD 2022-0179, dated August 26, 2022. The NPRM also proposed to
prohibit the installation of affected parts under certain conditions.
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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

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 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 2022-0179 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.

Costs of Compliance

    The FAA estimates that this AD affects 62 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...  Up to $95 per placard..  Up to $265 per placard.  Up to $16,430.*
----------------------------------------------------------------------------------------------------------------
* 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

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

2023-07-02 Airbus SAS: Amendment 39-22404; Docket No. FAA-2023-0028;
Project Identifier MCAI-2022-01164-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 30, 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<PHONE_NUMBER>; 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 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<PHONE_NUMBER>.
    (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 [email protected],
or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 30, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-08529 Filed 4-21-23; 8:45 am]
BILLING CODE 4910-13-P


Total Number of Vehicles Sold = Total 50-State sales based on the point
of first sale.

    (5) The following provisions apply for early banking:
    (i) Manufacturers may certify LDV/LLDTs to the cold temperature
NMHC exhaust standards in Sec.  86.1811-10(g)(2) for model years 2008-
2009 in order to bank credits for use in the 2010 and later model
years. Manufacturers may certify HLDT/MDPVs to the cold temperature
NMHC exhaust standards in Sec.  86.1811-10(g)(2) for model years 2010-
2011 in order to bank credits for use in the 2012 and later model
years.
    (ii) This process is referred to as ``early banking'' and the
resultant credits are referred to as ``early credits.'' In order to
bank early credits, a manufacturer must comply with all exhaust
emission standards and requirements applicable to LDV/LLDTs and/or
HLDT/MDPVs. To generate early credits, a manufacturer must separately
compute the sales-weighted cold temperature NMHC average of the LDV/
LLDTs and HLDT/MDPVs it certifies to the exhaust requirements and
separately compute credits using the calculations in paragraph (o)(4)
of this section. Early HLDT/MDPV credits may not be applied to LDV/
LLDTs before the 2010 model year. Early LDV/LLDT credits may not be
applied to HLDT/ MDPV before the 2012 model year.
    (6) NMHC credits are not subject to any discount or expiration date
except as required under the deficit carryforward provisions of
paragraph (o)(8) of this section. There shall be no discounting of
unused credits. NMHC credits shall have unlimited lives, subject to the
limitations of paragraph (o)(2) of this section.
    (7) Credits may be used as follows:
    (i) Credits generated and calculated according to the method in
paragraph (o)(4) of this section may only be used to offset deficits
accrued with respect to the standard in Sec.  86.1811-10(g)(2). Credits
may be banked and used in a future model year in which a manufacturer's
average cold temperature NMHC level exceeds the 0.3 or 0.5 g/mi
standard for LDV/LLDTs and HLDT/MDPVs, respectively. Credits may be
exchanged between the LDT/LLDT and HLDT/MDPV fleets of a given
manufacturer. Credits may also be traded to another manufacturer
according to the provisions in paragraph (o)(9) of this section. Before
trading or carrying over credits to the next model year, a manufacturer
must apply available credits to offset any credit deficit, where the
deadline to offset that credit deficit has not yet passed.
    (ii) The use of credits shall not be permitted to address Selective
Enforcement Auditing or in-use testing failures. The enforcement of the
averaging standard shall occur through the vehicle's certificate of
conformity. A manufacturer's certificate of conformity shall be
conditioned upon compliance with the averaging provisions. The
certificate shall be void ab initio if a manufacturer fails to meet the
corporate average standard and does not obtain appropriate credits to
cover its shortfalls in that model year or in the subsequent model year
(see deficit carryforward provision in paragraph (o)(8) of this
section). Manufacturers shall track their

certification levels and sales unless they produce only vehicles
certified to cold temperature NMHC levels below the standard and do not
plan to bank credits.
    (8) The following provisions apply if debits are accrued:
    (i) If a manufacturer calculates that it has negative credits (also
called ``debits'' or a ``credit deficit'') for a given model year, it
shall be allowed to carry that deficit forward into the next model
year. Such a carry-forward may only occur after the manufacturer
exhausts any supply of banked credits. At the end of that next model
year, the deficit must be covered with an appropriate number of credits
that the manufacturer generates or purchases. Any remaining deficit
shall be subject to an enforcement action, as described in this
paragraph (o)(8). Manufacturers are not permitted to run a deficit for
two consecutive years.
    (ii) If debits are not offset within the specified time period, the
number of vehicles not meeting the fleet average cold temperature NMHC
standards and not covered by the certificate must be calculated by
dividing the total amount of debits for the model year by the fleet
average cold temperature NMHC standard applicable for the model year in
which the debits were first incurred.
    (iii) EPA will determine the number of vehicles for which the
condition on the certificate was not satisfied by designating vehicles
in those test groups with the highest certification cold temperature
NMHC emission values first and continuing until a number of vehicles
equal to the calculated number of noncomplying vehicles as determined
above is reached. If this calculation determines that only a portion of
vehicles in a test group contribute to the debit situation, then EPA
will designate actual vehicles in that test group as not covered by the
certificate, starting with the last vehicle produced and counting
backwards.
    (iv)(A) If a manufacturer ceases production of LDV/LLDTs and HLDT/
MDPVs, the manufacturer continues to be responsible for offsetting any
debits outstanding within the required time period. Any failure to
offset the debits will be considered a violation of paragraph (o)(8)(i)
of this section and may subject the manufacturer to an enforcement
action for sale of vehicles not covered by a certificate, pursuant to
paragraphs (o)(8)(ii) and (iii) of this section.
    (B) If a manufacturer is purchased by, merges with, or otherwise
combines with another manufacturer, the controlling entity is
responsible for offsetting any debits outstanding within the required
time period. Any failure to offset the debits will be considered a
violation of paragraph (o)(8)(i) of this section and may subject the
manufacturer to an enforcement action for sale of vehicles not covered
by a certificate, pursuant to paragraphs (o)(8)(ii) and (iii) of this
section.
    (v) For purposes of calculating the statute of limitations, a
violation of the requirements of paragraph (o)(8)(i) of this section, a
failure to satisfy the conditions upon which a certificate(s) was
issued and hence a sale of vehicles not covered by the certificate, all
occur upon the expiration of the deadline for offsetting debits
specified in paragraph (o)(8)(i) of this section.
    (9) The following provisions apply to NMHC credit trading:
    (i) EPA may reject NMHC credit trades if the involved manufacturers
fail to submit the credit trade notification in the annual report. A
manufacturer may not sell credits that are not available for sale
pursuant to the provisions in paragraphs (o)(7)(i) of this section.
    (ii) In the event of a negative credit balance resulting from a
transaction that a manufacturer could not cover by the reporting
deadline for the model year in which the trade occurred, both the buyer
and seller are liable, except in cases involving fraud. EPA may void ab
initio the certificates of conformity of all engine families
participating in such a trade.
    (iii) A manufacturer may only trade credits that it has generated
pursuant to paragraph (o)(4) of this section or acquired from another
party.
    (p) Maintenance of records and submittal of information relevant to
compliance with fleet average cold temperature NMHC standards--(1)
Maintenance of records. (i) Manufacturers producing any light-duty
vehicles, light-duty trucks, or medium-duty passenger vehicles subject
to the provisions in this subpart must establish, maintain, and retain
all the following information in adequately organized and indexed
records for each model year:
    (A) Model year.
    (B) Applicable fleet average cold temperature NMHC standard: 0.3g/
mi for LDV/LLDTs; 0.5 g/mi for HLDT/MDPVs.
    (C) Fleet average cold temperature NMHC value achieved.
    (D) All values used in calculating the fleet average cold
temperature NMHC value achieved.
    (ii) Manufacturers producing any light-duty vehicles, light-duty
trucks, or medium-duty passenger vehicles subject to the provisions in
this subpart must establish, maintain, and retain all the following
information in adequately organized and indexed records for each LDV/T
or MDPV subject to this subpart:
    (A) Model year.
    (B) Applicable fleet average cold temperature NMHC standard.
    (C) EPA test group.
    (D) Assembly plant.
    (E) Vehicle identification number.
    (F) Cold temperature NMHC FEL to which the LDV/T or MDPV is
certified.
    (G) Information on the point of first sale, including the
purchaser, city, and state.
    (iii) Manufacturers must retain all records required to be
maintained under this section for a period of eight years from the due
date for the annual report. Records may be stored in any format and on
any media, as long as manufacturers can promptly send EPA organized,
written records in English if we ask for them. Manufacturers must keep
records readily available as EPA may review them at any time.
    (iv) Nothing in this section limits the Administrator's discretion
to require the manufacturer to retain additional records or submit
information not specifically required by this section.
    (v) Pursuant to a request made by the Administrator, the
manufacturer must submit to the Administrator the information that the
manufacturer is required to retain.
    (vi) EPA may void ab initio a certificate of conformity for
vehicles certified to emission standards as set forth or otherwise
referenced in this subpart for which the manufacturer fails to retain
the records required in this section or to provide such information to
the Administrator upon request.
    (2) Reporting. (i) Each covered manufacturer must submit an annual
report. The annual report must contain for each applicable cold
temperature NMHC standard, the fleet average cold temperature NMHC
value achieved, all values required to calculate the cold temperature
NMHC emissions value, the number of credits generated or debits
incurred, all the values required to calculate the credits or debits,
the resulting balance of credits or debits, and sufficient information
to show compliance with all phase-in or alternative phase-in
requirements.
    (ii) For each applicable fleet average cold temperature NMHC
standard, the annual report must also include documentation on all
credit transactions the manufacturer has engaged in since those
included in the last report. Information for each transaction must
include all of the following:
    (A) Name of credit provider.
    (B) Name of credit recipient.
    (C) Date the trade occurred.

    (D) Quantity of credits traded.
    (E) Model year in which the credits were earned.
    (iii) Unless a manufacturer reports the data required by this
section in the annual production report required under Sec.  86.1844-
01(e), a manufacturer must submit an annual report for each model year
after production ends for all affected vehicles produced by the
manufacturer subject to the provisions of this subpart and no later
than May 1 of the calendar year following the given model year. Annual
reports must be submitted to: Director, Compliance and Innovative
Strategies Division, U.S. Environmental Protection Agency, 2000
Traverwood, Ann Arbor, Michigan 48105.
    (iv) Failure by a manufacturer to submit the annual report in the
specified time period for all vehicles subject to the provisions in
this section is a violation of section 203(a)(1) of the Clean Air Act
(42 U.S.C. 7522) for each applicable vehicle produced by that
manufacturer.
    (v) If EPA or the manufacturer determines that a reporting error
occurred on an annual report previously submitted to EPA, the
manufacturer's credit or debit calculations will be recalculated. EPA
may void erroneous credits, unless traded, and must adjust erroneous
debits. In the case of traded erroneous credits, EPA must adjust the
selling manufacturer's credit or debit balance to reflect the sale of
such credits and any resulting generation of debits.
    (3) Notice of opportunity for hearing. Any voiding of the
certificate under paragraph (p)(1)(vi) of this section will be made
only after EPA has offered the affected manufacturer an opportunity for
a hearing conducted in accordance with Sec.  86.614-84 for light-duty
vehicles or Sec.  86.1014-84 for light-duty trucks and, if a
manufacturer requests such a hearing, will be made only after an
initial decision by the Presiding Officer.

[FR Doc. 06-2315 Filed 3-28-06; 8:45 am]

BILLING CODE 6560-50-P