Rule2022-27402
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 19, 2022
Effective
January 23, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by reports indicating that protective caps were found on engine fire extinguishing pipes in the engine core zone (Zone 2) after airplane delivery. This AD requires a one-time inspection of the engine fire extinguishing pipes for the presence of protective caps and removal of any protective caps found, as specified in a European Union Aviation Safety Agency (EASA) AD, 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 242 (Monday, December 19, 2022)</title>
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[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Rules and Regulations]
[Pages 77500-77502]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27402]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1167; Project Identifier MCAI-2022-00461-T;
Amendment 39-22278; AD 2022-25-22]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was
prompted by reports indicating that protective caps were found on
engine fire extinguishing pipes in the engine core zone (Zone 2) after
airplane delivery. This AD requires a one-time inspection of the engine
fire extinguishing pipes for the presence of protective caps and
removal of any protective caps found, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective January 23, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 23,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1167; 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.
Material Incorporated by Reference:
<bullet> For material incorporated by reference 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#5415102714313527357a3121263b24357a3121"><span class="__cf_email__" data-cfemail="fdbcb98ebd989c8e9cd398888f928d9cd39888">[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> under Docket No. FAA-2022-1167.
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#521633267c047c1e37123433337c353d24"><span class="__cf_email__" data-cfemail="ffbb9e8bd1a9d1b39abf999e9ed1989089">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A350-941 and -1041 airplanes. The NPRM published in the Federal
Register on September 20, 2022 (87 FR 57427). The NPRM was prompted by
AD 2022-0065, dated April 7, 2022, issued by EASA (EASA AD 2022-0065),
which is the Technical Agent for the Member States of the European
Union (referred to after this as the MCAI). The MCAI states the
possibility that protective caps are present on engine fire
extinguishing pipes. This condition, if not addressed, could prevent
the extinguishment of an engine fire.
In the NPRM, the FAA proposed to require a one-time inspection of
the engine fire extinguishing pipes for the presence of protective caps
and removal of any protective caps found, as specified in EASA AD 2022-
0065. The FAA is issuing this AD to address the possibility that
protective caps are present on engine fire extinguishing pipes. This
condition, if not addressed, could prevent the extinguishment of an
engine fire.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1167.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
The FAA received an additional comment from Delta Air Lines (DAL).
The following presents the comment received on the NPRM and the FAA's
response.
Request To Remove Paragraph (h)(3) or Allow Later Approved Revisions of
Service Information
DAL requested that paragraph (h)(3) of the proposed AD be removed
or that the FAA allow use of any later approved revisions of Rolls-
Royce Alert Non-Modification Service Bulletin TRENT XWB 26-AK834, dated
March 9, 2022; or Rolls-Royce Alert Non-Modification Service Bulletin
TRENT XWB 26-AK835, dated March 10, 2022. DAL stated that a revision to
either of these documents could change the applicability of the EASA AD
and that the MCAI allows for later approved revisions of the service
information.
The FAA does not agree with the requested change. Although later
approved documents are allowed for certain requirements in EASA AD
2022-0065, the FAA requires AD applicability to be fixed, and therefore
requires specific revision levels to identify affected engines, as
stated in paragraph (h)(3) of this AD. The FAA has made no changes to
this AD in this regard.
Conclusion
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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, and any other changes described
previously, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator.
[[Page 77501]]
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0065 specifies procedures for a one-time special
detailed (borescope) inspection of the engine fire extinguishing pipes
in Zone 2 and removal of any protective caps found. If any protective
cap is found, the lower gas generator fairing is removed and
reinstalled, which includes the application of OMat 872 (a cold cure
silicone compound).
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 30 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
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1 work-hour x $85 per hour = $85............................. $0 $85 $2,550
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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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3 work-hours x $85 per hour = $255.... $0 * $255
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* Up to an additional 48 hours to cure the OMat 872 (cold cure silicone
compound) may be required.
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,
(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 adding the following new airworthiness
directive:
2022-25-22 Airbus SAS: Amendment 39-22278; Docket No. FAA-2022-1167;
Project Identifier MCAI-2022-00461-T
(a) Effective Date
This airworthiness directive (AD) is effective January 23, 2023.
(b) Affected ADs
None.
(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 2022-0065, dated April 7,
2022 (EASA AD 2022-0065).
(d) Subject
Air Transport Association (ATA) of America Code 26, Fire
protection.
(e) Unsafe Condition
This AD was prompted by reports indicating that protective caps
were found on engine fire extinguishing pipes in the engine core
zone (Zone 2) after airplane delivery. The FAA is issuing this AD to
address the possibility that protective caps are present on engine
fire extinguishing pipes. This condition, if not addressed, could
prevent the extinguishment of an engine fire.
(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 2022-0065.
(h) Exceptions to EASA AD 2022-0065
(1) Where EASA AD 2022-0065 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2022-0065 does not apply
to this AD.
(3) Where EASA AD 2022-0065 defines an affected engine, replace
the text ``as listed in Appendix 1 of the Rolls-Royce NMSB, as
applicable'' with ``as listed in Appendix 1 of
[[Page 77502]]
Rolls-Royce Alert Non-Modification Service Bulletin TRENT XWB 26-
AK834, dated March 9, 2022; or Rolls-Royce Alert Non-Modification
Service Bulletin TRENT XWB 26-AK835, dated March 10, 2022; as
applicable.''
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2022-0065
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) 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 (k) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#ab9286eafdf886eae2f9869c989b86eae6e4e8ebcdcaca85ccc4dd"><span class="__cf_email__" data-cfemail="0d34204c5b5e204c445f203a3e3d204c40424e4d6b6c6c236a627b">[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 (j)(2) of this AD, if any service information referenced
in EASA AD 2022-0065 contains paragraphs that are labeled as RC, the
instructions in RC paragraphs, including subparagraphs under an RC
paragraph, must be done to comply with this AD; any paragraphs,
including subparagraphs under those paragraphs, that are not
identified as RC are recommended. The instructions in paragraphs,
including subparagraphs under those paragraphs, 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 instructions identified as RC can
be done and the airplane can be put back in an airworthy condition.
Any substitutions or changes to instructions identified as RC
require approval of an AMOC.
(k) 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#0d496c79235b2341684d6b6c6c236a627b"><span class="__cf_email__" data-cfemail="226643560c740c6e47624443430c454d54">[email protected]</span></a>.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 2022-0065,
dated April 7, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0065, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#4405003704212537256a2131362b34256a2131"><span class="__cf_email__" data-cfemail="1253566152777361733c7767607d62733c7767">[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 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#3d5b4f1354534e4d585e495452537d535c4f5c135a524b"><span class="__cf_email__" data-cfemail="fd9b8fd394938e8d989e89949293bd939c8f9cd39a928b">[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 5, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-27402 Filed 12-16-22; 8:45 am]
BILLING CODE 4910-13-P
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