Proposed Rule2022-27295
Airworthiness Directives; Airbus SAS Airplanes
Primary source
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Published
December 22, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2020-21-07, which applies to all Airbus SAS Model A350-941 and -1041 airplanes. AD 2020-21-07 requires replacement of affected passenger oxygen masks (which includes re-identifying the parts). Since the FAA issued AD 2020-21-07, it was determined that additional parts are subject to the unsafe condition. This proposed AD would continue to require the actions in AD 2020-21-07, and would require replacing additional affected parts, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). This proposed AD would also prohibit installation of affected parts. 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 245 (Thursday, December 22, 2022)</title>
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[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Proposed Rules]
[Pages 78612-78614]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27295]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1643; Project Identifier MCAI-2022-00799-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)
2020-21-07, which applies to all Airbus SAS Model A350-941 and -1041
airplanes. AD 2020-21-07 requires replacement of affected passenger
oxygen masks (which includes re-identifying the parts). Since the FAA
issued AD 2020-21-07, it was determined that additional parts are
subject to the unsafe condition. This proposed AD would continue to
require the actions in AD 2020-21-07, and would require replacing
additional affected parts, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference (IBR). This proposed AD would also prohibit installation of
affected parts. 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 February 6,
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-2022-1643; 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#bbfaffc8fbdedac8da95decec9d4cbda95dece"><span class="__cf_email__" data-cfemail="d59491a695b0b4a6b4fbb0a0a7baa5b4fbb0a0">[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-2022-1643.
<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#e7838693c991c98b82a7818686c9808891"><span class="__cf_email__" data-cfemail="bdd9dcc993cb93d1d8fddbdcdc93dad2cb">[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-2022-1643; Project Identifier
MCAI-2022-00799-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#284c495c065e06444d684e4949064f475e"><span class="__cf_email__" data-cfemail="b3d7d2c79dc59ddfd6f3d5d2d29dd4dcc5">[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 2020-21-07, Amendment 39-21280 (85 FR 64949,
October 14, 2020) (AD 2020-21-07), for all Airbus SAS Model A350-941
and -1041 airplanes. FAA AD 2020-21-07 was prompted by an MCAI
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA issued AD 2020-0031, dated February 18,
2020 (EASA AD 2020-0031), to correct an unsafe condition identified as
sticking of the breathing bag on certain passenger oxygen masks, which
could prevent the breathing bag from fully inflating, and possibly
injure cabin occupants following a depressurization event.
AD 2020-21-07 requires replacement of affected passenger oxygen
masks (which includes re-identifying the parts).
Actions Since AD 2020-21-07 Was Issued
Since the FAA issued AD 2020-21-07, EASA superseded EASA AD 2020-
0031 and issued EASA AD 2022-0112, dated June 17, 2022 (EASA AD 2022-
0112) (also referred to as the MCAI), to
[[Page 78613]]
correct an unsafe condition for all Airbus SAS Model A350-941 and -1041
airplanes. The MCAI states that additional affected parts (emergency
passenger oxygen container assembly having serial number BEHJ-XXXX)
have been identified as being subject to the same unsafe condition.
The FAA is issuing this AD to address sticking of the breathing bag
on certain passenger oxygen masks. The unsafe condition, if not
addressed, could prevent the breathing bag from fully inflating, and
possibly injure cabin occupants following a depressurization event. You
may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket
No. FAA-2022-1643.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2020-21-07, this proposed AD would retain all of the
requirements of AD 2020-21-07. Those requirements are referenced in
EASA AD 2022-0112, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0112 specifies procedures for replacing the affected
passenger oxygen masks (those passenger oxygen masks contained in each
affected emergency passenger oxygen container assembly), and re-
identifying each affected part. EASA AD 2022-0112 also prohibits the
installation of affected parts.
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 retain all of the requirements of AD 2020-
21-07. This proposed AD would require accomplishing the actions
specified in EASA AD 2022-0112 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 2022-0112 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0112 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 2022-0112 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 2022-0112.
Service information required by EASA 2022-0112 for compliance will be
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-1643 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 30 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 2020-21-07 (13 6 work-hours x $85 per hour * $0 $510 $6,630
airplanes). = $510.
New proposed actions..................... 6 work-hours x $85 per hour * 0 510 15,300
= $510.
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* The FAA has received no definitive data that would enable the FAA to provide cost estimates of the parts cost
for the replacement specified in this proposed AD.
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 operators. The FAA does not control warranty
coverage for affected operators. 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.
[[Page 78614]]
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) 2020-21-07, Amendment 39-21280
(85 FR 64949, October 14, 2020); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2022-1643; Project Identifier MCAI-2022-
00799-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by February 6, 2023.
(b) Affected ADs
This AD replaces AD 2020-21-07, Amendment 39-21280 (85 FR 64949,
October 14, 2020) (AD 2020-21-07).
(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 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by a report that sticking effects have been
observed affecting the breathing bag on certain passenger oxygen
masks, and by a determination that additional parts are subject to
the unsafe condition. The FAA is issuing this AD to address sticking
of the breathing bag on certain passenger oxygen masks. The unsafe
condition, if not addressed, could prevent the breathing bag from
fully inflating, and possibly injure cabin occupants following a
depressurization event.
(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
2022-0112, dated June 17, 2022 (EASA AD 2022-0112).
(h) Exceptions to EASA AD 2022-0112
(1) Where EASA AD 2022-0112 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2022-0112 does not apply
to this AD.
(3) Where EASA AD 2022-0112 specifies to do the replacement and
re-identification specified in Airbus Service Bulletin A350-35-P013,
Revision 02, dated March 8, 2022, which specifies to inspect for the
part number and serial number and then do a replacement; this AD
only requires the replacement and re-identification.
(4) Where service information identified in EASA AD 2022-0112
specifies to do an inspection for the date of manufacture of the
affected part, this AD does not require that inspection.
(5) Where Table 3 of EASA AD 2022-0112 specifies a compliance
time for airplanes on which ``the SB'' has not been embodied, for
this AD the compliance time for those airplanes is ``before
exceeding 72 months since airplane date of manufacture or within 30
days after the effective date of this AD, whichever occurs later.''
(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 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#754c5834232658343c27584246455834383a36351314145b121a03"><span class="__cf_email__" data-cfemail="320b1f7364611f737b601f0501021f737f7d71725453531c555d44">[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) 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#e3878297cd95cd8f86a3858282cd848c95"><span class="__cf_email__" data-cfemail="b9ddd8cd97cf97d5dcf9dfd8d897ded6cf">[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 2022-0112,
dated June 17, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0112, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#3475704774515547551a5141465b44551a5141"><span class="__cf_email__" data-cfemail="3372774073565240521d5646415c43521d5646">[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#d4b2a6fabdbaa7a4b1b7a0bdbbba94bab5a6b5fab3bba2"><span class="__cf_email__" data-cfemail="7016025e191e0300151304191f1e301e1102115e171f06">[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 12, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-27295 Filed 12-21-22; 8:45 am]
BILLING CODE 4910-13-P
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