Proposed Rule2022-17159
Airworthiness Directives; Airbus SAS Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 15, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 airplanes. This proposed AD was prompted by a report that the path for the grounding wire of the engine fire shut off valve (FSOV) is routed through the wing trailing edge, which is not the shortest path available. This proposed AD would require modifying the wiring between the inboard fixed leading edge in the wing and in the forward cargo compartment on the left- and right- hand sides, 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.
Full Text
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<title>Federal Register, Volume 87 Issue 156 (Monday, August 15, 2022)</title>
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[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Proposed Rules]
[Pages 50009-50011]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17159]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1052; Project Identifier MCAI-2022-00654-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 adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 airplanes. This proposed AD was
prompted by a report that the path for the grounding wire of the engine
fire shut off valve (FSOV) is routed through the wing trailing edge,
which is not the shortest path available. This proposed AD would
require modifying the wiring between the inboard fixed leading edge in
the wing and in the forward cargo compartment on the left- and right-
hand sides, 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 September
29, 2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="/cdn-cgi/l/email-protection#1e5f5a6d5e7b7f6d7f307b6b6c716e7f307b6b"><span class="__cf_email__" data-cfemail="7233360132171301135c1707001d02135c1707">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this material on the EASA website at
<a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a> by searching for and locating Docket No.
FAA-2022-1052.
Examining the AD Docket
You may examine the AD docket at <a href="http://www.regulations.gov">www.regulations.gov</a> by searching
for and locating Docket No. FAA-2022-1052; 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: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone 206-231-3225; email
<a href="/cdn-cgi/l/email-protection#b6d2d7d898c4d9d2dfd8d7f6d0d7d798d1d9c0"><span class="__cf_email__" data-cfemail="7c181d12520e131815121d3c1a1d1d521b130a">[email protected]</span></a>.
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-2022-1052; Project Identifier
MCAI-2022-00654-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
<a href="http://www.regulations.gov">www.regulations.gov</a>, 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 Dan
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#cfabaea1e1bda0aba6a1ae8fa9aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="81e5e0efaff3eee5e8efe0c1e7e0e0afe6eef7">[email protected]</span></a>. 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 2022-0088, dated May 17, 2022 (EASA
AD 2022-0088) (also referred to as the MCAI), to correct an unsafe
condition for certain Airbus SAS Model A350-941 airplanes.
This proposed AD was prompted by a report that the path for the
grounding wire of the engine FSOV is routed through the wing trailing
edge, which is not the shortest path available. This proposed AD
introduces a new engine FSOV grounding wire routed through the leading
edge route, which will require formerly installed cables on the wing
trailing edge to be disconnected at the equipment side. By introducing
the new route that is the shortest available path, the engine FSOV
grounding wire will have improved protection from an uncontained engine
rotor failure. The FAA is proposing this AD to address an increased
possibility of an engine FSOV unavailability in the event of an
uncontained engine rotor failure, which could result in an uncontrolled
engine fire. See the MCAI for additional background information.
[[Page 50010]]
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0088 specifies procedures for modifying the wiring
between the inboard fixed leading edge in the wing and in the forward
cargo compartment on the left- and right-hand sides. 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
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 require accomplishing the actions specified
in EASA AD 2022-0088 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 2022-0088 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0088 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 2022-0088 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-
0088. Service information required by EASA AD 2022-0088 for compliance
will be available at <a href="http://www.regulations.gov">www.regulations.gov</a> by searching for and locating
Docket No. FAA-2022-1052 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD would affect 30 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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Cost per Cost on U.S.
Labor cost Parts cost product operators
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33 work-hours x $85 per hour = $2,805........................ $1,300 $4,105 $123,150
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According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.
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.
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 adding the following new airworthiness
directive:
Airbus SAS: Docket No. FAA-2022-1052; Project Identifier MCAI-2022-
00654-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 29, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2022-
[[Page 50011]]
0088, dated May 17, 2022 (EASA AD 2022-0088).
(d) Subject
Air Transport Association (ATA) of America Code 29, Hydraulic
power.
(e) Unsafe Condition
This AD was prompted by a report that the path for the grounding
wire of the engine fire shut off valve (FSOV) is routed through the
wing trailing edge, which is not the shortest path available. The
FAA is issuing this AD to address an increased possibility of an
engine FSOV unavailability in the event of an uncontained engine
rotor failure, which could result in an uncontrolled engine fire.
(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 2022-0088.
(h) Exceptions to EASA AD 2022-0088
(1) Where EASA AD 2022-0088 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2022-0088 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: <a href="/cdn-cgi/l/email-protection#685145293e3b4529213a455f5b58452925272b280e0909460f071e"><span class="__cf_email__" data-cfemail="caf3e78b9c99e78b8398e7fdf9fae78b8785898aacababe4ada5bc">[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, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS Model'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 2022-0088, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#f3b2b780b396928092dd9686819c8392dd9686"><span class="__cf_email__" data-cfemail="7c3d380f3c191d0f1d5219090e130c1d521909">[email protected]</span></a>; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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
<a href="http://www.regulations.gov">www.regulations.gov</a> by searching for and locating Docket No. FAA-
2022-1052.
(2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#f397929ddd819c979a9d92b3959292dd949c85"><span class="__cf_email__" data-cfemail="b4d0d5da9ac6dbd0dddad5f4d2d5d59ad3dbc2">[email protected]</span></a>.
Issued on August 5, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-17159 Filed 8-12-22; 8:45 am]
BILLING CODE 4910-13-P
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