Rule2023-04466
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 adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by a determination that the surface protection is missing between certain aluminum brackets and the struts to which they are attached in the flight deck air distribution system. This AD requires applying surface protection to the affected aluminum brackets and struts, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also prohibits modifying an airplane using certain service information. 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 13671-13673]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04466]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1580; Project Identifier MCAI-2022-00808-T;
Amendment 39-22354; AD 2023-04-07]
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 a determination that the surface protection is missing
between certain aluminum brackets and the struts to which they are
attached in the flight deck air distribution system. This AD requires
applying surface protection to the affected aluminum brackets and
struts, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference. This AD also prohibits
modifying an airplane using certain service information. 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.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1580; 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#dc9d98af9cb9bdafbdf2b9a9aeb3acbdf2b9a9"><span class="__cf_email__" data-cfemail="4b0a0f380b2e2a382a652e3e39243b2a652e3e">[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-2022-1580.
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#086c697c267e26646d486e6969266f677e"><span class="__cf_email__" data-cfemail="c8aca9bce6bee6a4ad88aea9a9e6afa7be">[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 December 13, 2022 (87 FR 76160). The NPRM was prompted by
AD 2022-0119, dated June 21, 2022, issued by EASA, which is the
Technical Agent for the Member States of the European Union (EASA AD
2022-0119) (also referred to as the MCAI). The MCAI states that the
surface protection was determined to be missing between certain
aluminum brackets and the struts to which they are attached in the
flight deck air distribution system. The affected parts were installed
either in production through Airbus modification 109229 or 109230, or
in-service through accomplishing the original issue of Airbus Service
Bulletin A350-21-P031; or the original issue of Airbus Service Bulletin
A350-21-P032. This condition, if not corrected, could lead to rupture
of the associated ducting, reducing the efficiency of the flight deck
air distribution system, which, in combination with smoke in the flight
deck, could result in impaired flightcrew capability to control the
airplane.
In the NPRM, the FAA proposed to require applying surface
protection to the affected aluminum brackets and struts, as specified
in EASA AD 2022-0119. The NPRM also proposed to prohibit modifying an
airplane using certain service information. 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-2022-1580.
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, considered the
comment received, 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 2022-0119 specifies procedures for applying surface
protection to aluminum brackets and struts at frame (FR) 22 and FR 24,
as applicable, in zone C2-2 forward section. EASA AD 2020-0119 also
prohibits modifying an airplane using certain service information. 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
[[Page 13672]]
FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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8 work-hours x $85 per hour = $680........................... $1,350 $2,030 $60,900
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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 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:
2023-04-07 Airbus SAS: Amendment 39-22354; Docket No. FAA-2022-1580;
Project Identifier MCAI-2022-00808-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 10, 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 2022-0119, dated June 21,
2022 (EASA AD 2022-0119).
(d) Subject
Air Transport Association (ATA) of America Code 21, Air
conditioning.
(e) Unsafe Condition
This AD was prompted by a determination that the surface
protection is missing between certain aluminum brackets and the
struts to which they are attached in the flight deck air
distribution system. The FAA is issuing this AD to address missing
aluminum bracket surface protection. This condition, if not
corrected, could lead to rupture of the associated ducting, reducing
the efficiency of the flight deck air distribution system, which, in
combination with smoke in the flight deck, could result in impaired
flightcrew capability to control the airplane.
(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 2022-0119.
(h) Exceptions to EASA AD 2022-0119
(1) Where EASA AD 2022-0119 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0119.
(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#457c6804131668040c17687276756804080a06052324246b222a33"><span class="__cf_email__" data-cfemail="01382c4057522c4048532c3632312c404c4e42416760602f666e77">[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#c1a5a0b5efb7efada481a7a0a0efa6aeb7"><span class="__cf_email__" data-cfemail="2b4f4a5f055d05474e6b4d4a4a054c445d">[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.
[[Page 13673]]
(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 2022-0119,
dated June 21, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0119, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#cc8d88bf8ca9adbfade2a9b9bea3bcade2a9b9"><span class="__cf_email__" data-cfemail="0b4a4f784b6e6a786a256e7e79647b6a256e7e">[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#d5b3a7fbbcbba6a5b0b6a1bcbabb95bbb4a7b4fbb2baa3"><span class="__cf_email__" data-cfemail="9cfaeeb2f5f2efecf9ffe8f5f3f2dcf2fdeefdb2fbf3ea">[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 16, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-04466 Filed 3-3-23; 8:45 am]
BILLING CODE 4910-13-P
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