Rule2022-22720
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
October 25, 2022
Effective
November 29, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2021-16- 03, which applied to certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2021-16-03 required an inspection for missing or incorrect application of the lightning strike edge glow sealant protection at certain locations in the wing tanks, and corrective action. This AD was prompted by in-production findings of missing or incorrect application of the lightning strike edge glow sealant protection at specific locations in the wing tanks and by the development of a modification to restore two independent layers of lightning strike protection on the wing upper cover. This AD continues to require the actions of AD 2021-16-03 and requires a modification to restore two independent layers of lightning strike protection, as specified in a European Union Aviation Safety Agency (EASA), which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 205 (Tuesday, October 25, 2022)</title>
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[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Rules and Regulations]
[Pages 64375-64378]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22720]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0678; Project Identifier MCAI-2022-00067-T;
Amendment 39-22147; AD 2022-17-09]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-16-
03, which applied to certain Airbus SAS Model A350-941 and -1041
airplanes. AD 2021-16-03 required an inspection for missing or
incorrect application of the lightning strike edge glow sealant
protection at certain locations in the wing tanks, and corrective
action. This AD was prompted by in-production findings of missing or
incorrect application of the lightning strike edge glow sealant
protection at specific locations in the wing tanks and by the
development of a modification to restore two independent layers of
lightning strike protection on the wing upper cover. This AD continues
to require the actions of AD 2021-16-03 and requires a modification to
restore two independent layers of lightning strike protection, as
specified in a European Union Aviation Safety Agency (EASA), which is
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective November 29, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 29,
2022.
ADDRESSES: For material 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#f4b5b087b491958795da9181869b8495da9181"><span class="__cf_email__" data-cfemail="3372774073565240521d5646415c43521d5646">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this IBR 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="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2022-0678.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0678; 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.
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#7c181d12520e131815121d3c1a1d1d521b130a"><span class="__cf_email__" data-cfemail="bcd8ddd292ced3d8d5d2ddfcdadddd92dbd3ca">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0011,
[[Page 64376]]
dated January 21, 2022 (EASA AD 2022-0011) (also referred to as the
MCAI), to correct an unsafe condition for certain Airbus SAS Model
A350-941 and -1041 airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-16-03, Amendment 39-21665 (86 FR
47555, August 26, 2021) (AD 2021-16-03). AD 2021-16-03 applied to
certain Airbus SAS Model A350-941 and -1041 airplanes. The NPRM
published in the Federal Register on June 16, 2022 (87 FR 36276). The
NPRM was prompted by in-production findings of missing or incorrect
application of the lightning strike edge glow sealant protection at
specific locations in the wing tanks and by the development of a
modification to restore two independent layers of lightning strike
protection on the wing upper cover. The NPRM proposed to continue to
require the actions of AD 2021-16-03 and to require a modification to
restore two independent layers of lightning strike protection, as
specified in EASA AD 2022-0011.
The FAA is issuing this AD to address missing or incorrectly
applied sealant, which in combination with an undetected incorrect
installation of an adjacent fastener and a lightning strike in the
immediate area, could result in ignition of the fuel-air mixture inside
the affected fuel tanks and loss of the airplane. See the MCAI for
additional background information.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from the Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
Conclusion
The FAA reviewed the relevant data, considered the comment
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.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0011 specifies procedures for an inspection for
missing or incorrect application of the lightning strike edge glow
sealant protection at certain locations in the wing tanks
(discrepancies), and corrective action. Corrective actions include
applying sealant in areas where sealant was found to be missing or
incorrectly applied. EASA AD 2022-0011 also specifies procedures for a
modification to restore two independent layers of lightning strike
protection on the wing upper cover.
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 27 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Action Labor cost Parts cost Cost per product Cost on U.S. operators
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Retained actions from AD 2021-16-03. Up to 67 work-hours x $0........................... Up to $5,695................ Up to $153,765.
$85 per hour = $5,695.
New actions (modification).......... Up to 55 work-hours x Up to 500.................... Up to 5,175................. Up to $139,725.
$85 per hour = 4,675.
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The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
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1 work-hour x $85 per hour = $85...... $0 $85
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According to the manufacturer, some or all of the costs of this 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
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,
[[Page 64377]]
(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) 2021-16-03, Amendment 39-21665
(86 FR 47555, August 26, 2021); and
0
b. Adding the following new AD:
2022-17-09 Airbus SAS: Amendment 39-22147; Docket No. FAA-2022-0678;
Project Identifier MCAI-2022-00067-T.
(a) Effective Date
This airworthiness directive (AD) is effective November 29,
2022.
(b) Affected ADs
This AD replaces AD 2021-16-03, Amendment 39-21665 (86 FR 47555,
August 26, 2021) (AD 2021-16-03).
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2022-0011, dated January 21,
2022 (EASA AD 2022-0011).
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by in-production findings of missing or
incorrect application of the lightning strike edge glow sealant
protection at specific locations in the wing tanks and by the
development of a modification to restore two independent layers of
lightning strike protection on the wing upper cover. The FAA is
issuing this AD to address missing or incorrectly applied sealant,
which in combination with an undetected incorrect installation of an
adjacent fastener and a lightning strike in the immediate area,
could result in ignition of the fuel-air mixture inside the affected
fuel tanks and loss 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 2022-0011.
(h) Exceptions to EASA AD 2022-0011
(1) Where EASA AD 2022-0011 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2022-0011 refers to October 27, 2020 (the
effective date of EASA AD 2020-0220), this AD requires using
September 30, 2021 (the effective date of AD 2021-16-03).
(3) Where paragraph (1) of EASA AD 2022-0011 gives a compliance
time of ``the next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after 27 October 2020 [the effective date of EASA AD
2020-0220],'' for this AD, the compliance time is the later of the
times specified in paragraphs (h)(3)(i) and (ii) of this AD.
(i) The next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after September 30, 2021 (the effective date of AD
2021-16-03).
(ii) Within 12 months after September 30, 2021 (the effective
date of AD 2021-16-03).
(4) Where paragraph (2) of EASA AD 2022-0011 refers to
``discrepancies,'' for this AD, discrepancies include missing or
incorrectly applied sealant.
(5) Where paragraph (3) of EASA AD 2022-0011 gives a compliance
time of ``the next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after the effective date of this [EASA] AD,'' for this
AD, the compliance time is the later of the times specified in
paragraphs (h)(5)(i) and (ii) of this AD.
(i) The next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after the effective date of this AD.
(ii) Within 12 months after the effective date of this AD.
(6) The ``Remarks'' section of EASA AD 2022-0011 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) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#89b0a4c8dfdaa4c8c0dba4bebab9a4c8c4c6cac9efe8e8a7eee6ff"><span class="__cf_email__" data-cfemail="380115796e6b1579716a150f0b08157975777b785e5959165f574e">[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'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
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#d9bdb8b7f7abb6bdb0b7b899bfb8b8f7beb6af"><span class="__cf_email__" data-cfemail="96f2f7f8b8e4f9f2fff8f7d6f0f7f7b8f1f9e0">[email protected]</span></a>.
(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 2022-0011,
dated January 21, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0011, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#a5e4e1d6e5c0c4d6c48bc0d0d7cad5c48bc0d0"><span class="__cf_email__" data-cfemail="95d4d1e6d5f0f4e6f4bbf0e0e7fae5f4bbf0e0">[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>.
(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 206-231-3195.
(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
<a href="/cdn-cgi/l/email-protection#563024783f3825263335223f3938163837243778313920"><span class="__cf_email__" data-cfemail="b9dfcb97d0d7cac9dcdacdd0d6d7f9d7d8cbd897ded6cf">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
[[Page 64378]]
Issued on August 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-22720 Filed 10-24-22; 8:45 am]
BILLING CODE 4910-13-P
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