Rule2023-04464
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
March 6, 2023
Effective
April 10, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2022-09- 11, which applied to certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-09-11 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD continues to require the actions in AD 2022-09- 11 and requires 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 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 43 (Monday, March 6, 2023)</title>
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[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Rules and Regulations]
[Pages 13668-13671]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04464]
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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;
Amendment 39-22352; AD 2023-04-05]
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 superseding Airworthiness Directive (AD) 2022-09-
11, which applied to certain Airbus SAS Model A350-941 and -1041
airplanes. AD 2022-09-11 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. This AD was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. This AD continues to require the actions in AD 2022-09-
11 and requires 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 incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective April 10, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 10,
2023.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of June
21, 2022 (87 FR 29819, May 17, 2022).
ADDRESSES:
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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and
[[Page 13669]]
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#78393c0b381d190b19561d0d0a170819561d0d"><span class="__cf_email__" data-cfemail="9cddd8efdcf9fdeffdb2f9e9eef3ecfdb2f9e9">[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-2022-1578.
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#244045500a520a4841644245450a434b52"><span class="__cf_email__" data-cfemail="4e2a2f3a603860222b0e282f2f60292138">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2022-09-11, Amendment 39-22031 (87 FR
29819, May 17, 2022) (AD 2022-09-11). AD 2022-09-11 applied to certain
Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-09-11 required
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.
The NPRM published in the Federal Register on December 13, 2022 (87
FR 76162). The NPRM was prompted by AD 2022-0125, dated June 28, 2022,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2022-0125) (referred to after this as the
MCAI). The MCAI states that new or more restrictive airworthiness
limitations have been developed.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1578.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2022-09-11 and to require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, as specified in EASA AD 2022-
0125. The FAA is issuing this AD to address reduced structural
integrity of the airplane.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from The Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
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, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.
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 AD also requires 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.
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:
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 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
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:
[[Page 13670]]
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) 2022-09-11, Amendment 39-22031
(87 FR 29819, May 17, 2022); and
0
b. Adding the following new AD:
2023-04-05 Airbus SAS: Amendment 39-22352; Docket No. FAA-2022-1578;
Project Identifier MCAI-2022-00858-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 10, 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#11283c5047423c5058433c2622213c505c5e52517770703f767e67"><span class="__cf_email__" data-cfemail="93aabed2c5c0bed2dac1bea4a0a3bed2dedcd0d3f5f2f2bdf4fce5">[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#2c484d58025a0240496c4a4d4d024b435a"><span class="__cf_email__" data-cfemail="3f5b5e4b114911535a7f595e5e11585049">[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
April 10, 2023.
(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 (EASA) AD 2021-0207,
dated September 15, 2021.
(ii) [Reserved]
[[Page 13671]]
(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#9bdadfe8dbfefae8fab5feeee9f4ebfab5feee"><span class="__cf_email__" data-cfemail="e4a5a097a481859785ca8191968b9485ca8191">[email protected]</span></a>; website easa.europa.eu. You may
find these EASA ADs on the EASA website at ad.easa.europa.eu.
(6) 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.
(7) 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#1573673b7c7b66657076617c7a7b557b7467743b727a63"><span class="__cf_email__" data-cfemail="6e081c4007001d1e0b0d1a0701002e000f1c0f40090118">[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 15, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-04464 Filed 3-3-23; 8:45 am]
BILLING CODE 4910-13-P
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