Rule2023-04020
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
February 27, 2023
Effective
March 14, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by a determination that longitudinal sealing tape in the forward and aft cargo compartments had migrated from its original position, which could affect the fire extinguishing system efficiency in the cargo compartments. This AD requires repetitive detailed inspection of the affected parts, and, depending on findings, accomplishment of applicable corrective action, 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 88 Issue 38 (Monday, February 27, 2023)</title>
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[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Rules and Regulations]
[Pages 12143-12146]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04020]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0174; Project Identifier MCAI-2023-00063-T;
Amendment 39-22359; AD 2023-04-12]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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[[Page 12144]]
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by
a determination that longitudinal sealing tape in the forward and aft
cargo compartments had migrated from its original position, which could
affect the fire extinguishing system efficiency in the cargo
compartments. This AD requires repetitive detailed inspection of the
affected parts, and, depending on findings, accomplishment of
applicable corrective action, 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 March 14, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 14,
2023.
The FAA must receive comments on this AD by April 13, 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-2023-0174; 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
street address for Docket Operations is listed above.
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#0342477043666270622d6676716c73622d6676"><span class="__cf_email__" data-cfemail="f9b8bd8ab99c988a98d79c8c8b968998d79c8c">[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 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. It is also available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-0174.
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#345055401a421a5851745255551a535b42"><span class="__cf_email__" data-cfemail="ed898c99c39bc38188ad8b8c8cc38a829b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-0174; Project Identifier MCAI-
2023-00063-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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 final rule.
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 AD 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 AD, 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 AD. 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#375356431941195b527751565619505841"><span class="__cf_email__" data-cfemail="c1a5a0b5efb7efada481a7a0a0efa6aeb7">[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 2023-0011, dated January 17, 2023
(EASA AD 2023-0011) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes.
The MCAI states that longitudinal sealing tape in the forward and aft
cargo compartments had migrated from its original position, possibly
due to relative movement between the cargo floor panels and the cargo
loading system, combined with compression of the tape. One function of
the cargo floor panel sealing is as a contributor to the tightness of
the lower cargo compartment floor panels, which provide an enclosed
area to maintain halon concentration in the event of a fire. This
condition, if not addressed, could affect the fire extinguishing system
efficiency in the cargo compartments, possibly resulting in failure of
the system to contain a cargo compartment fire or permanently
extinguish the fire.
The FAA is issuing this AD to address the unsafe condition on these
products.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-0174.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0011 specifies procedures for repetitive detailed
inspections of the affected parts (i.e., cargo sealing tapes installed
between the cargo floor panels and the cargo loading system in
longitudinal direction, in the forward and aft cargo compartment area)
for complete or partial migration of the cargo sealing tape and to
determine if there are any repairs on the tape; for partially migrated
tape, measuring the maximum migration of the tape; for repaired tape,
inspecting for incorrect seating/condition of the tape and incorrect
sealant condition; and applicable corrective action if any
discrepancies are found (i.e., any cargo sealing tape that has migrated
more than 11 millimeters, complete migration of the tape, incorrect
seating/condition of the tape in repaired areas, and incorrect sealant
condition in repaired areas). Corrective actions include repairing the
tape and sealant. This material is reasonably available because the
interested parties have access to it through their normal course of
business
[[Page 12145]]
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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2023-0011 described previously, except for any differences identified
as exceptions in the regulatory text of this 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,
EASA AD 2023-0011 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2023-0011 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2023-0011 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
2023-0011. Service information required by EASA AD 2023-0011 for
compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-
2023-0174 after this AD is published.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because migration of the sealing tape can affect the tightness of the
cargo compartment floor panels, which provide an enclosed area to
maintain halon concentration in the event of a fire. Migration of the
sealing tape in the forward and aft cargo compartments could affect the
fire extinguishing system efficiency in the cargo compartments and
possibly result in failure of the system to contain a cargo compartment
fire or permanently extinguish the fire. In addition, the compliance
time for the required action is shorter than the time necessary for the
public to comment and for publication of the final rule. Accordingly,
notice and opportunity for prior public comment are impracticable and
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 31 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 1 work-hour x $85 per hour = $85.. $0 Up to $85................. Up to $2,635.
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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
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Labor cost Parts cost Cost per product
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Up to 2 work-hours x $85 per Up to $10......... Up to $180.
hour = $170.
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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
[[Page 12146]]
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, and
(2) Will not affect intrastate aviation in Alaska.
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:
2023-04-12 Airbus SAS: Amendment 39-22359; Docket No. FAA-2023-0174;
Project Identifier MCAI-2023-00063-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 14, 2023.
(b) Affected ADs
None.
(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 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a determination that longitudinal
sealing tape in the forward and aft cargo compartments had migrated
from its original position. The FAA is issuing this AD to address
migration of the tape, which can affect the tightness of the cargo
compartment floor panels that provide an enclosed area to maintain
halon concentration in the event of a fire. This condition, if not
addressed, could affect the fire extinguishing system efficiency in
the cargo compartments, possibly resulting in failure of the system
to contain a cargo compartment fire or permanently extinguish a
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, European Union Aviation Safety Agency (EASA) AD
2023-0011, dated January 17, 2023 (EASA AD 2023-0011).
(h) Exceptions to EASA AD 2023-0011
(1) Where EASA AD 2023-0011 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (2) of EASA AD 2023-0011 specifies
accomplishing corrective actions if ``discrepancies, as identified
in the AOT'' are found, for this AD, discrepancies is defined as
cargo sealing tape that has migrated more than 11 millimeters,
complete migration of the tape as shown in Condition B of the
service information reference in EASA 2023-0011, incorrect seating/
condition of the tape in repaired areas, and incorrect sealant
condition in repaired areas.
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0011.
(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#90a9bdd1c6c3bdd1d9c2bda7a3a0bdd1dddfd3d0f6f1f1bef7ffe6"><span class="__cf_email__" data-cfemail="af9682eef9fc82eee6fd82989c9f82eee2e0ecefc9cece81c8c0d9">[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 referenced
in EASA AD 2023-0011 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.
(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#6f0b0e1b411941030a2f090e0e41080019"><span class="__cf_email__" data-cfemail="c6a2a7b2e8b0e8aaa386a0a7a7e8a1a9b0">[email protected]</span></a>.
(k) 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 2023-0011,
dated January 17, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0011, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#f8b9bc8bb89d998b99d69d8d8a978899d69d8d"><span class="__cf_email__" data-cfemail="5110152211343022307f3424233e21307f3424">[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#4d2b3f6324233e3d282e392422230d232c3f2c632a223b"><span class="__cf_email__" data-cfemail="3157431f585f4241545245585e5f715f5043501f565e47">[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 February 17, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-04020 Filed 2-23-23; 8:45 am]
BILLING CODE 4910-13-P
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