Proposed Rule2022-20809
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
September 27, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2022-07-10, which applies to all Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-07-10 requires revising the operator's existing FAA- approved minimum equipment list (MEL) to include dispatch restrictions. AD 2022-07-10 also allows operators to inspect affected parts for discrepancies, and do applicable replacements, in order to terminate the revision of the operator's existing MEL. AD 2022-07-10 also prohibits the installation of affected parts. Since the FAA issued AD 2022-07-10, a determination was made that the optional inspection and applicable replacements should be required. This proposed AD continues to require the actions in AD 2022-07-10, and would mandate the inspection of affected parts and applicable replacements, as specified in a European Union Aviation Safety Agency (EASA) AD, which was incorporated 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 186 (Tuesday, September 27, 2022)</title>
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[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Proposed Rules]
[Pages 58460-58463]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20809]
[[Page 58460]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1235; Project Identifier MCAI-2022-00475-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 supersede Airworthiness Directive (AD)
2022-07-10, which applies to all Airbus SAS Model A350-941 and -1041
airplanes. AD 2022-07-10 requires revising the operator's existing FAA-
approved minimum equipment list (MEL) to include dispatch restrictions.
AD 2022-07-10 also allows operators to inspect affected parts for
discrepancies, and do applicable replacements, in order to terminate
the revision of the operator's existing MEL. AD 2022-07-10 also
prohibits the installation of affected parts. Since the FAA issued AD
2022-07-10, a determination was made that the optional inspection and
applicable replacements should be required. This proposed AD continues
to require the actions in AD 2022-07-10, and would mandate the
inspection of affected parts and applicable replacements, as specified
in a European Union Aviation Safety Agency (EASA) AD, which was
incorporated 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 November
14, 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://regulations.gov">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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1235; 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.
Material Incorporated by Reference:
<bullet> For EASA AD 2022-0031, dated February 25, 2022, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#bffefbccffdadeccde91dacacdd0cfde91daca"><span class="__cf_email__" data-cfemail="7d3c390e3d181c0e1c5318080f120d1c531808">[email protected]</span></a>; internet easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu. It is also
available in the AD docket at <a href="http://regulations.gov">regulations.gov</a> by searching for and
locating Docket No. FAA-2022-1235.
<bullet> For Kidde Aerospace & Defense service information, contact
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, Wilson,
NC 27896; telephone: 319-295-5000; website: <a href="http://kiddetechnologies.com/aviation.com">kiddetechnologies.com/aviation.com</a>.
<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.
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#e7838689c99588838e8986a7818686c9808891"><span class="__cf_email__" data-cfemail="4d292c23633f222924232c0d2b2c2c632a223b">[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-2022-1235; Project Identifier
MCAI-2022-00475-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://regulations.gov">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#6307020d4d110c070a0d02230502024d040c15"><span class="__cf_email__" data-cfemail="a4c0c5ca8ad6cbc0cdcac5e4c2c5c58ac3cbd2">[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
The FAA issued AD 2022-07-10, Amendment 39-21998 (87 FR 19622,
April 5, 2022) (AD 2022-07-10), for all Airbus SAS Model A350-941 and -
1041 airplanes. AD 2022-07-10 was prompted by MCAI originated by EASA,
which is the Technical Agent for the Member States of the European
Union. EASA issued EASA AD 2022-0031, dated February 25, 2022 (EASA AD
2022-0031) (also referred to as the MCAI), to correct an unsafe
condition identified as undetected thermal bleed leak events that might
not be isolated during flight, possibly resulting in localized areas of
the wing structure being exposed to high temperatures and consequent
reduced structural integrity of the airplane.
AD 2022-07-10 requires revising the operator's existing FAA-
approved MEL to include dispatch restrictions. AD 2022-07-10 also
allows operators to inspect affected parts for discrepancies, and do
applicable replacements, in order to terminate the revision of the
operator's existing MEL. AD 2022-07-10 also prohibits the installation
of affected parts. The FAA issued AD 2022-07-10 to address undetected
thermal bleed leak events that might not be isolated during flight,
possibly resulting in localized areas of the wing
[[Page 58461]]
structure being exposed to high temperatures and consequent reduced
structural integrity of the airplane.
Actions Since AD 2022-07-10 Was Issued
Since the FAA issued AD 2022-07-10, the FAA has determined that
further rulemaking is necessary to mandate the detailed inspection of
affected parts, and replacement, if applicable, that were optional
actions in AD 2022-07-10.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1235.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2022-07-10, this proposed AD would retain all of the
requirements of AD 2022-07-10. Those requirements are referenced in
EASA AD 2022-0031, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
This AD requires EASA AD 2022-0031, which the Director of the
Federal Register approved for incorporation by reference as of April
20, 2022 (87 FR 19622, April 5, 2022).
This AD also requires Kidde Aerospace & Defense Service Bulletin
CFD-26-3, dated January 13, 2022, which the Director of the Federal
Register approved for incorporation by reference as of April 20, 2022
(87 FR 19622, April 5, 2022).
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 and
service information 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 retain all of the requirements of AD 2022-
07-10. This proposed AD would require accomplishing the actions
specified in EASA AD 2022-0031 described previously, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. This proposed AD would also prohibit the installation of
affected parts.
EASA AD 2022-0031 requires operators to ``inform all flight crews''
of revisions to the MEL, and thereafter to ``operate the aeroplane
accordingly.'' However, this proposed AD would not specifically require
those actions as they are already required by FAA regulations. FAA
regulations (14 CFR 121.628(a)(2)) require operators to provide pilots
with access to all of the information contained in the operator's MEL.
Furthermore, 14 CFR 121.628(a)(5) requires airplanes to be operated
under all applicable conditions and limitations contained in the
operator's MEL. Therefore, including a requirement in this proposed AD
to operate the airplane according to the revised MEL would be redundant
and unnecessary.
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 retain the incorporation by reference of EASA AD 2022-
0031 in the FAA final rule. This proposed AD would, therefore, require
compliance with EASA AD 2022-0031 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 2022-0031
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 2022-0031. Service information required by EASA AD 2022-0031
for compliance will be available at <a href="http://regulations.gov">regulations.gov</a> by searching for
and locating Docket No. FAA-2022-1235 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed AD affects 29 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.
Action Labor cost Parts cost product operators
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Retained actions from AD 2022-07-10... 1 work-hour x $85 per $0 $85 $2,465
hour = $85.
New proposed actions.................. 13 work-hours x $85 per 0 1,105 32,045
hour = $1,105.
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The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
optional actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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1 work-hour x $85 per hour = $85........ $795 $880
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[[Page 58462]]
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:
0
a. Removing Airworthiness Directive (AD) 2022-07-10, Amendment 39-21998
(87 FR 19622, April 5, 2022); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2022-1235; Project Identifier MCAI-2022-
00475-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by November 14, 2022.
(b) Affected ADs
This AD replaces AD 2022-07-10, Amendment 39-21998 (87 FR 19622,
April 5, 2022) (AD 2022-07-10).
(c) Applicability
This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by a report that certain overheat detection
system (OHDS) sensing elements may not properly detect thermal bleed
leak events due to a quality escape during the manufacturing
process, and by a determination that an optional inspection and
applicable replacements should be required. The FAA is issuing this
AD to address undetected thermal bleed leak events that might not be
isolated during flight, possibly resulting in localized areas of the
wing structure being exposed to high temperatures and consequent
reduced structural integrity 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
2022-0031, dated February 25, 2022 (EASA AD 2022-0031).
(h) Exceptions to EASA AD 2022-0031
(1) Where paragraphs (1) and (4) of EASA AD 2022-0031 refer to
its effective date, this AD requires using April 20, 2022 (the
effective date of AD 2022-07-10).
(2) Where paragraph (2) of EASA AD 2022-0031 refers to its
effective date, this AD requires using the effective date of this
AD.
(3) Where EASA AD 2022-0031 has a definition for ``Affected
part'' and refers to ``the VSB [vendor service bulletin]'' for the
part numbers and date codes, for this AD, use Kidde Aerospace &
Defense Service Bulletin CFD-26-3, dated January 13, 2022, as ``the
VSB'' for the part numbers and date codes.
(4) Where EASA AD 2022-0031 has a definition for ``Groups'' and
identifies certain airplanes as Group 2 airplanes, replace the text,
``An aeroplane having an MSN [manufacturer serial number] not listed
in the Section 1.A of the SB is Group 2, provided it is determined
that no affected part has been installed on any affected position of
that aeroplane since Airbus date of manufacture'' with ``An
aeroplane having an MSN not listed in the Section 1.A of Airbus
Service Bulletin A350-36-P032, dated December 3, 2021, is Group 2,
provided it is determined that no affected part has been installed
on any affected position of that aeroplane since Airbus date of
manufacture.''
(5) Where paragraph (1) of EASA 2022-0031 specifies to ``inform
all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations
(see 14 CFR 121.628(a)(2) and 14 CFR 121.628(a)(5)).
(6) Where paragraph (3) of EASA 2022-0031 specifies action if
``any discrepancy as defined in the SB is detected,'' for this AD a
discrepancy is when the related electronic centralized aircraft
monitoring (ECAM) warning is not displayed after a heat gun test is
done.
(7) The ``Remarks'' section of EASA AD 2022-0031 does not apply
to this AD.
(i) No Reporting Requirement and No Return of Parts
(1) Although the service information referenced in EASA AD 2022-
0031 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(2) Although the service information referenced in EASA AD 2022-
0031 specifies to return certain parts to the manufacturer, this AD
does not include that requirement.
(j) 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 (k)(2) of this AD. 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.
[[Page 58463]]
(3) Required for Compliance (RC): Except as required by
paragraphs (i) and (j)(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.
(k) Additional Information
(1) For EASA AD 2022-0031, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#1253566152777361733c7767607d62733c7767"><span class="__cf_email__" data-cfemail="f8b9bc8bb89d998b99d69d8d8a978899d69d8d">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD 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.
This material may be found in the AD docket at <a href="http://regulations.gov">regulations.gov</a> by
searching for and locating Docket No. FAA-2022-1235.
(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#d8bcb9b6f6aab7bcb1b6b998beb9b9f6bfb7ae"><span class="__cf_email__" data-cfemail="680c0906461a070c010609280e0909460f071e">[email protected]</span></a>.
(l) 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.
(3) The following service information was approved for IBR on
April 20, 2022 (87 FR 19622, April 5, 2022).
(i) European Union Aviation Safety Agency (EASA) AD 2022-0031,
dated February 25, 2022.
(ii) Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated
January 13, 2022.
(4) For EASA AD 2022-0031, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#d49590a794b1b5a7b5fab1a1a6bba4b5fab1a1"><span class="__cf_email__" data-cfemail="18595c6b587d796b79367d6d6a776879367d6d">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(5) For Kidde Aerospace & Defense service information, contact
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B,
Wilson, NC 27896; telephone: 319-295-5000; website:
<a href="http://kiddetechnologies.com/aviation.com">kiddetechnologies.com/aviation.com</a>.
(6) You may view this service information 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.
(7) You may view this service information 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#c4a2b6eaadaab7b4a1a7b0adabaa84aaa5b6a5eaa3abb2"><span class="__cf_email__" data-cfemail="2442560a4d4a57544147504d4b4a644a4556450a434b52">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on September 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-20809 Filed 9-26-22; 8:45 am]
BILLING CODE 4910-13-P
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