Proposed Rule2022-26936
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
December 13, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2022-09-11, which applies to certain Airbus SAS Model A350-941 and - 1041 airplanes. AD 2022-09-11 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2022-09-11, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would continue to require the actions in AD 2022-09-11 and require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, 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 238 (Tuesday, December 13, 2022)</title>
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[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Proposed Rules]
[Pages 76162-76166]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26936]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1578; Project Identifier MCAI-2022-00858-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)
2022-09-11, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2022-09-11 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. Since the FAA issued AD
2022-09-11, the FAA has determined that new or more restrictive
airworthiness limitations are necessary. This proposed AD would
continue to require the actions in AD 2022-09-11 and require revising
the existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference. The FAA is proposing this
[[Page 76163]]
AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by January 27,
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> under
Docket No. FAA-2022-1578; 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 incorporation by
reference (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#2263665162474351430c4757504d52430c4757"><span class="__cf_email__" data-cfemail="6021241320050113014e0515120f10014e0515">[email protected]</span></a>; website easa.europa.eu. You may find this material
on the EASA website at ad.easa.europa.eu. It is also available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-1578.
<bullet> 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.
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#197d786d376f37757c597f7878377e766f"><span class="__cf_email__" data-cfemail="5e3a3f2a702870323b1e383f3f70393128">[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-2022-1578; Project Identifier
MCAI-2022-00858-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 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#cda9acb9e3bbe3a1a88dabacace3aaa2bb"><span class="__cf_email__" data-cfemail="2b4f4a5f055d05474e6b4d4a4a054c445d">[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 2022-09-11, Amendment 39-22031 (87 FR 29819, May
17, 2022) (AD 2022-09-11), which applies to certain Airbus SAS Model
A350-941 and -1041 airplanes. AD 2022-09-11 requires revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. The FAA
issued AD 2022-09-11 to address reduced structural integrity of the
airplane.
Actions Since AD 2022-09-11 Was Issued
Since the FAA issued AD 2022-09-11, the FAA has determined that new
or more restrictive airworthiness limitations are necessary.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0125, dated June 28, 2022 (EASA
AD 2022-0125) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS Model A350-941 and -1041 airplanes. EASA
AD 2022-0125 superseded EASA AD 2021-0207, dated September 15, 2021
(EASA AD 2021-0207) (which corresponds to FAA AD 2022-09-11).
Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after May 2, 2022 must
comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this proposed AD therefore does not include those airplanes in the
applicability.
This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address reduced structural integrity of the
airplane. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0125 specifies new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
This proposed AD would also require EASA AD 2021-0207, dated
September 15, 2021, which the Director of the Federal Register approved
for incorporation by reference as of June 21, 2022 (87 FR 29819, May
17, 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
These products have been approved by the aviation authority of
another country and are 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 described 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 these same type designs.
[[Page 76164]]
Proposed AD Requirements in This NPRM
This proposed AD would retain the requirements of AD 2022-09-11.
This proposed AD would also require revising the existing maintenance
or inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations, which are specified in EASA
AD 2022-0125 described previously, as proposed for incorporation by
reference. Any differences with EASA AD 2022-0125 are identified as
exceptions in the regulatory text of this AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (m)(1) 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 retain the IBR of EASA AD 2021-0207 and incorporate
EASA AD 2022-0125 by reference in the FAA final rule. This proposed AD
would, therefore, require compliance with EASA AD 2021-0207 and EASA AD
2022-0125 in their 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 2021-0207 or EASA AD 2022-0125 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 2021-0207 or EASA AD 2022-0125. Service information required by
EASA AD 2021-0207 and EASA AD 2022-0125 for compliance will be
available at <a href="http://regulations.gov">regulations.gov</a> by searching for and locating Docket No.
FAA-2022-1578 after the FAA final rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional FAA Provisions.'' This new
format includes a ``New Provisions for Alternative Actions and
Intervals'' paragraph that does not specifically refer to AMOCs, but
operators may still request an AMOC to use an alternative action or
interval.
Costs of Compliance
The FAA estimates that this proposed AD affects 30 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2022-09-11 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).
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:
[[Page 76165]]
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) 2022-09-11, Amendment 39-22031
(87 FR 29819, May 17, 2022); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2022-1578; Project Identifier MCAI-2022-
00858-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 27, 2023.
(b) Affected ADs
This AD replaces AD 2022-09-11, Amendment 39-22031 (87 FR 29819,
May 17, 2022) (AD 2022-09-11).
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before May 2, 2022.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Maintenance or Inspection Program Revision, With No
Changes
This paragraph restates the requirements of paragraph (j) of AD
2022-09-11, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before June 30, 2021: 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 2021-0207, dated September
15, 2021 (EASA AD 2021-0207). Accomplishing the revision of the
existing maintenance or inspection program required by paragraph (j)
of this AD terminates the requirements of this paragraph.
(h) Retained Exceptions to EASA AD 2021-0207, With No Changes
This paragraph restates the requirements of paragraph (k) of AD
2022-09-11, with no changes.
(1) Where EASA AD 2021-0207 refers to its effective date, this
AD requires using June 21, 2022 (the effective date of AD 2022-09-
11).
(2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0207 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2021-0207 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after June 21, 2022 (the effective
date of AD 2022-09-11).
(4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2021-0207 is at the ``applicable thresholds''
as incorporated by the requirements of paragraph (3) of EASA AD
2021-0207, or within 90 days after June 21, 2022 (the effective date
of AD 2022-09-11), whichever occurs later.
(5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2021-0207 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2021-0207 does not apply
to this AD.
(i) Retained Provisions for Alternative Actions or Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (l) of AD
2022-09-11, with a new exception. Except as required by paragraph
(j) of this AD, after the existing maintenance or inspection program
has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or intervals are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2021-0207.
(j) New Revision of the Existing Maintenance or Inspection Program
Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0125, dated June 28, 2022 (EASA AD
2022-0125). Accomplishing the revision of the existing maintenance
or inspection program required by this paragraph terminates the
requirements of paragraph (g) of this AD.
(k) Exceptions to EASA AD 2022-0125
(1) Where EASA AD 2022-0125 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0125 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2022-0125 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
(4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0125 is at the applicable
``thresholds'' as incorporated by the requirements of paragraph (3)
of EASA AD 2022-0125, or within 90 days after the effective date of
this AD, whichever occurs later.
(5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0125 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2022-0125 does not apply
to this AD.
(l) New Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0125.
(m) 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 (n) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#70495d3126235d3139225d4743405d313d3f33301611115e171f06"><span class="__cf_email__" data-cfemail="6b52462a3d38462a2239465c585b462a2624282b0d0a0a450c041d">[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.
(n) Additional 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#680c091c461e46040d280e0909460f071e"><span class="__cf_email__" data-cfemail="274346530951094b426741464609404851">[email protected]</span></a>.
(o) 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
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
(i) European Union Aviation Safety Agency (EASA) AD 2022-0125,
dated June 28, 2022.
(ii) [Reserved]
(4) The following service information was approved for IBR on
June 21, 2022 (87 FR 29819, May 17, 2022).
(i) European Union Aviation Safety Agency AD 2021-0207, dated
September 15, 2021.
(ii) [Reserved]
(5) For EASA AD 2022-0125 and AD 2021-0207, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#edaca99ead888c9e8cc388989f829d8cc38898"><span class="__cf_email__" data-cfemail="c38287b083a6a2b0a2eda6b6b1acb3a2eda6b6">[email protected]</span></a>; website easa.europa.eu. You may
find these EASA ADs on the EASA website at ad.easa.europa.eu.
[[Page 76166]]
(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#274155094e4954574244534e4849674946554609404851"><span class="__cf_email__" data-cfemail="2f495d0146415c5f4a4c5b4640416f414e5d4e01484059">[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 December 6, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26936 Filed 12-12-22; 8:45 am]
BILLING CODE 4910-13-P
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