Proposed Rule2022-25697
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
November 25, 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 an interference was detected between the installed nut and the foot radius of frame (FR) 96, between stringer 6 and stringer 7, on the right-hand side. This proposed AD would require removing the affected fasteners and inspecting the affected area for damage, and applicable corrective actions if necessary, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
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<title>Federal Register, Volume 87 Issue 226 (Friday, November 25, 2022)</title>
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[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Proposed Rules]
[Pages 72414-72416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25697]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 /
Proposed Rules
[[Page 72414]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1487; Project Identifier MCAI-2022-00688-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 an interference was detected between the
installed nut and the foot radius of frame (FR) 96, between stringer 6
and stringer 7, on the right-hand side. This proposed AD would require
removing the affected fasteners and inspecting the affected area for
damage, and applicable corrective actions if necessary, as specified in
a European Union Aviation Safety Agency (EASA) AD, which is proposed
for incorporation by reference (IBR). 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 January 9,
2023.
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> by
searching for and locating Docket No. FAA-2022-1487; 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 material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#fbbabf88bb9e9a889ad59e8e89948b9ad59e8e"><span class="__cf_email__" data-cfemail="57161324173236243679322225382736793222">[email protected]</span></a>; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
<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. 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-2022-1487.
FOR FURTHER INFORMATION CONTACT: Dat Le, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone 516-228-7317; email
<a href="/cdn-cgi/l/email-protection#1b7f7a6f356d35777e5b7d7a7a357c746d"><span class="__cf_email__" data-cfemail="284c495c065e06444d684e4949064f475e">[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-2022-1487; Project Identifier
MCAI-2022-00688-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 Dat
Le, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 516-228-7317; email <a href="/cdn-cgi/l/email-protection#ceaaafbae0b8e0a2ab8ea8afafe0a9a1b8"><span class="__cf_email__" data-cfemail="355154411b431b5950755354541b525a43">[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 2022-0093, dated May 25, 2022 (EASA
AD 2022-0093) (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 an interference was
detected between the installed nut and the foot radius of FR 96,
between stringer 6 and stringer 7, on the right-hand side. Further
investigation showed that the minimum distances for nut installation
were not fulfilled, and some airplanes were damaged in the FR 96 foot
radius area. The FAA is proposing this AD to address possible damage at
the FR 96 foot radius area. This condition, if not addressed, may
affect the structural integrity of the airplane. See the MCAI for
additional background information.
[[Page 72415]]
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0093 specifies procedures for removing the affected
fasteners and doing detailed, high frequency eddy current, and rototest
inspections for damage (either superficial, limited to the paint, e.g.,
discoloration to the paint or protective layer; or non-superficial,
e.g., dents, cracks, bends, nicks, and discoloration to the metal) of
the fastener hole, fillet radius, and collar areas at FR96, stringers 6
and 7 on the right-hand side, and applicable corrective actions.
Corrective actions include installing new fasteners and nuts with
adapted aluminum washers and repair.
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 2022-0093 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 2022-0093 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0093 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 2022-0093 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-
0093. Service information required by EASA AD 2022-0093 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> by searching for and locating
Docket No. FAA-2022-1487 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD would affect 5 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255........................... $0 $255 $1,275
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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
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255.... $240 $495
------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the repairs specified in this proposed AD.
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
[[Page 72416]]
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-2022-1487; Project Identifier MCAI-2022-
00688-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 9, 2023.
(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 2022-0093, dated May 25, 2022 (EASA
AD 2022-0093).
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report that an interference was
detected between the installed nut and the foot radius of frame (FR)
96, between stringer 6 and stringer 7, on the right-hand side. The
FAA is issuing this AD to address possible damage at the FR 96 foot
radius area. This condition, if not addressed, may affect the
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, EASA AD 2022-0093.
(h) Exceptions to EASA AD 2022-0093
(1) Where EASA AD 2022-0093 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where the definitions of ``Affected part'' and ``Affected
area'' in EASA AD 2022-0093 specify ``the SB,'' for this AD, replace
the text ``the SB'' with ``the inspection SB.''
(3) The ``Remarks'' section of EASA AD 2022-0093 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,
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: <a href="/cdn-cgi/l/email-protection#e7decaa6b1b4caa6aeb5cad0d4d7caa6aaa8a4a7818686c9808891"><span class="__cf_email__" data-cfemail="ebd2c6aabdb8c6aaa2b9c6dcd8dbc6aaa6a4a8ab8d8a8ac58c849d">[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, 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 Dat Le, Aerospace
Engineer, Large Aircraft Section, FAA, International Validation
Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 516-
228-7317; email <a href="/cdn-cgi/l/email-protection#513530257f277f3d34113730307f363e27"><span class="__cf_email__" data-cfemail="741015005a025a1811341215155a131b02">[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 2022-0093,
dated May 25, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0093, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#afeeebdcefcacedcce81cadaddc0dfce81cada"><span class="__cf_email__" data-cfemail="6d2c291e2d080c1e0c4308181f021d0c430818">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) 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.
(5) 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#aaccd884c3c4d9dacfc9dec3c5c4eac4cbd8cb84cdc5dc"><span class="__cf_email__" data-cfemail="f09682de999e8380959384999f9eb09e918291de979f86">[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 November 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-25697 Filed 11-23-22; 8:45 am]
BILLING CODE 4910-13-P
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