Proposed Rule2023-10109
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
May 15, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2022-17-09, which applies to certain Airbus SAS Model A350-941 and - 1041 airplanes. AD 2022-17-09 continues to require the actions of AD 2021-16-03 and requires a modification to restore two independent layers of lightning strike protection. Since the FAA issued AD 2022-17- 09, a determination was made that additional airplanes need to perform a modification to restore the two independent layers of lightning strike protection on the wing lower or upper cover. This proposed AD would continue to require the actions in AD 2022-17-09 and would require restoring the two independent layers of lightning strike protection, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 93 (Monday, May 15, 2023)</title>
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[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Proposed Rules]
[Pages 30914-30917]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10109]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1038; Project Identifier MCAI-2022-01584-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)
2022-17-09, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2022-17-09 continues to require the actions of AD
2021-16-03 and requires a modification to restore two independent
layers of lightning strike protection. Since the FAA issued AD 2022-17-
09, a determination was made that additional airplanes need to perform
a modification to restore the two independent layers of lightning
strike protection on the wing lower or upper cover. This proposed AD
would continue to require the actions in AD 2022-17-09 and would
require restoring the two independent layers of lightning strike
protection, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference (IBR). 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 June 29,
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-2023-1038; 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 the EASA AD identified in this NPRM, you may contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#e4a5a097a481859785ca8191968b9485ca8191"><span class="__cf_email__" data-cfemail="0f4e4b7c4f6a6e7c6e216a7a7d607f6e216a7a">[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-2023-1038.
<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#2c484d58025a0240496c4a4d4d024b435a"><span class="__cf_email__" data-cfemail="d2b6b3a6fca4fcbeb792b4b3b3fcb5bda4">[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-2023-1038; Project Identifier
MCAI-2022-01584-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
[[Page 30915]]
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#2d494c59035b0341486d4b4c4c034a425b"><span class="__cf_email__" data-cfemail="6a0e0b1e441c44060f2a0c0b0b440d051c">[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 2022-17-09, Amendment 39-22147 (87 FR 64375,
October 25, 2022) (AD 2022-17-09), for certain Airbus SAS Model A350-
941 and -1041 airplanes. AD 2022-17-09 was prompted by an MCAI
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA issued AD 2022-0011, dated 21 January 2022,
to correct an unsafe condition.
AD 2022-17-09 continues to require the actions of AD 2021-16-03,
Amendment 39-21665 (86 FR 47555, August 26, 2021) (an inspection for
missing or incorrect application of the lightning strike edge glow
sealant protection at certain locations in the wing tanks, and
corrective action) and requires a modification to restore two
independent layers of lightning strike protection. The FAA issued AD
2022-17-09 to address missing or incorrectly applied sealant, which in
combination with an undetected incorrect installation of an adjacent
fastener and a lightning strike in the immediate area, could result in
ignition of the fuel-air mixture inside the affected fuel tanks and
loss of the airplane.
Actions Since AD 2022-17-09 Was Issued
Since the FAA issued AD 2022-17-09, EASA superseded AD 2022-0011,
dated 21 January 2022, and issued AD 2022-0250, dated December 14,
2022, (EASA AD 2022-0250) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A350-941 and -1041
airplanes. The MCAI states that occurrences have been reported from the
A350 production line of missing or incorrect application of the
lightning strike edge glow sealant protection at specific locations on
the wing tanks. This sealant provides the second layer or protection to
prevent stringer edge glow in case of lightning strike. This condition,
if not addressed, combined with a pre-existing undetected incorrect
installation of an adjacent fastener, could create an ignition source
for the fuel vapor inside the tanks, which, in case of a lightning
strike of high intensity in the immediate area, could result in
ignition of the fuel-air mixture in the affected fuel tank and
consequent loss of the airplane.
The FAA is proposing 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-2023-1038.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2022-17-09, this proposed AD would retain all of the
requirements of AD 2022-17-09. Those requirements are referenced in
EASA AD 2022-0250, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0250 specifies procedures for an inspection for
missing or incorrect application of the lightning strike edge glow
sealant protection at certain locations in the wing tanks
(discrepancies), and corrective action. Corrective actions include
applying sealant in areas where sealant was found to be missing or
incorrectly applied. EASA AD 2022-0250 also specifies procedures for a
modification to restore two independent layers of lightning strike
protection on the wing lower or upper cover. 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 requirements of AD 2022-17-09.
This proposed AD would require accomplishing the actions specified in
EASA AD 2022-0250 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 2022-0250 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0250 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 2022-0250 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 2022-
0250. Service information required by EASA AD 2022-0250 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1038
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 31 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
[[Page 30916]]
Estimated Costs for Required Actions
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Retained actions from AD 2022-17- Up to 122 work- Up to $500........ Up to $10,870..... Up to $336,970.
09. hours x $85 per
hour = $10,370.
New proposed actions Up to 103 work- $500.............. Up to $9,255...... Up to $286,905.
(modification). hours x $85 per
hour = $8,775.
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The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
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1 work-hour x $85 per hour = $85...... $0 $85
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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 individuals. The FAA does not control warranty
coverage for affected individuals. 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.
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) AD 2022-17-09, Amendment 39-
22147 (87 FR 64375, October 25, 2022); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2023-1038; Project Identifier MCAI-2022-
01584-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 29, 2023.
(b) Affected ADs
This AD replaces AD 2022-17-09, Amendment 39-22147 (87 FR 64375,
October 25, 2022) (AD 2022-17-09).
(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 2022-0250, dated December 14,
2022 (EASA AD 2022-0250).
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports of the incorrect application of
lightning strike edge glow sealant protection at specific locations
on the wing tanks, and a determination that additional airplanes
need to perform a modification to restore two independent layers of
lightning strike protection on the wing lower or upper cover. The
FAA is issuing this AD to address missing or incorrectly applied
sealant, which in combination with an undetected incorrect
installation of an adjacent fastener and a lightning strike in the
immediate area, could result in ignition of the fuel-air mixture
inside the affected fuel tanks and loss of 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 2022-0250.
(h) Exceptions to EASA AD 2022-0250
(1) Where EASA AD 2022-0250 refers to October 27, 2020 (the
effective date of EASA AD 2020-0220), this AD requires using
September 30, 2021 (the effective date of AD
[[Page 30917]]
2021-16-03, Amendment 39-21665 (86 FR 47555, August 26, 2021)).
(2) Where EASA AD 2022-0250 refers to February 4, 2022 (the
effective date of EASA AD 2022-0011), this AD requires using
November 29, 2022 (the effective date of AD 2022-17-09).
(3) Where EASA AD 2022-0250 refers to its effective date, this
AD requires using the effective date of this AD.
(4) Where paragraph (1) of EASA AD 2022-0250 gives a compliance
time of ``the next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after 27 October 2020 [the effective date of EASA AD
2020-0220],'' for this AD, the compliance time is the later of the
times specified in paragraphs (h)(4)(i) and (ii) of this AD.
(i) The next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after September 30, 2021 (the effective date of AD
2021-16-03).
(ii) Within 12 months after September 30, 2021 (the effective
date of AD 2021-16-03).
(5) Where paragraph (3) of EASA AD 2022-0250 gives a compliance
time of ``the next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after 04 February 2022 [the effective date of EASA AD
2022-0011],'' for this AD, the compliance time is the later of the
times specified in paragraphs (h)(5)(i) and (ii) of this AD.
(i) The next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after November 29, 2022 (the effective date of AD 2022-
17-09).
(ii) Within 12 months after November 29, 2022 (the effective
date of AD 2022-17-09).
(6) Where paragraph (3) of EASA AD 2022-0250 refers to
``discrepancies,'' for this AD, discrepancies include missing or
incorrectly applied sealant.
(7) Where paragraph (4) of EASA AD 2022-0250 gives a compliance
time of ``the next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after the effective date of this [EASA] AD,'' for this
AD, the compliance time is the later of the times specified in
paragraphs (h)(7)(i) and (ii) of this AD.
(i) The next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after the effective date of this AD.
(ii) Within 2 months after the effective date of this AD.
(8) Where the applicability and group definitions in EASA AD
2022-0250 specify manufacturer serial numbers (MSN) in certain
service information, replace the text ``the inspection SB'' with
``Airbus Service Bulletin A350-57-P067, dated September 17, 2020.''
(9) Where the applicability and group definitions in EASA AD
2022-0250 specify manufacturer serial numbers (MSN) in certain
service information, replace the text ``the modification SB1'' with
``Airbus Service Bulletin A350-57-P070, Revision 1, dated March 14,
2022.''
(10) Where the applicability and group definitions in EASA AD
2022-0250 specify manufacturer serial numbers (MSN) in certain
service information, replace the text ``the modification SB2'' with
``Airbus Service Bulletin A350-57-P072, dated June 24, 2022; Airbus
Service Bulletin A350-57-P073, dated June 24, 2022; or Airbus
Service Bulletin A350-57-P074, dated June 24, 2022; as applicable.''
(11) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0250.
(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#ccf5e18d9a9fe18d859ee1fbfffce18d81838f8caaadade2aba3ba"><span class="__cf_email__" data-cfemail="784155392e2b5539312a554f4b48553935373b381e1919561f170e">[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#f1959085df87df9d94b1979090df969e87"><span class="__cf_email__" data-cfemail="d6b2b7a2f8a0f8bab396b0b7b7f8b1b9a0">[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 2022-0250,
dated December 14, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0250, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#2160655261444052400f4454534e51400f4454"><span class="__cf_email__" data-cfemail="d29396a192b7b3a1b3fcb7a7a0bda2b3fcb7a7">[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#264054084f4855564345524f4948664847544708414950"><span class="__cf_email__" data-cfemail="c3a5b1edaaadb0b3a6a0b7aaacad83ada2b1a2eda4acb5">[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 May 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-10109 Filed 5-12-23; 8:45 am]
BILLING CODE 4910-13-P
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