Rule2023-10331
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 16, 2023
Effective
June 20, 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 of broken lower attachment studs on the AFT galley complex. This AD requires repetitive detailed inspections of the lower attachment studs and, depending on findings, replacement of the lower attachment studs, 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 94 (Tuesday, May 16, 2023)</title>
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[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31169-31171]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10331]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1659; Project Identifier MCAI-2022-01254-T;
Amendment 39-22415; AD 2023-07-13]
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 of broken lower attachment studs on the AFT galley
complex. This AD requires repetitive detailed inspections of the lower
attachment studs and, depending on findings, replacement of the lower
attachment studs, 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 June 20, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 20,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1659; 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#2d6c695e6d484c5e4c0348585f425d4c034858"><span class="__cf_email__" data-cfemail="57161324173236243679322225382736793222">[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-2022-1659.
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#bcf8ddc892ea92f0d9fcdadddd92dbd3ca"><span class="__cf_email__" data-cfemail="94d0f5e0bac2bad8f1d4f2f5f5baf3fbe2">[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 January 12, 2023 (88 FR 2032). The NPRM was prompted by AD
2022-0196, dated September 20, 2022, issued by EASA, which is the
Technical Agent for the Member States of the European Union (EASA AD
2022-0196) (also referred to as the MCAI). The MCAI states that the
manufacturer has received reports of broken lower attachment studs on
the AFT galley complex. The manufacturer's investigation indicates that
the broken lower attachment studs resulted from a hydrogen-induced
failure. This condition, if not addressed, could lead to galley
detachment, resulting in injury to airplane occupants and reduced
capacity for emergency evacuation of the airplane.
In the NPRM, the FAA proposed to require repetitive detailed
inspections of the lower attachment studs and, depending on findings,
replacement of the lower attachment studs, as specified in EASA AD
2022-0196. 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-2022-1659.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International, 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 for Clarification of Reporting Requirements
DAL requested clarification of the reporting requirements in the
NPRM. DAL noted that the Airbus Alert
[[Page 31170]]
Operators Transmission (AOT) referenced by EASA AD 2022-0196 addresses
reporting of inspection results (with or without finding) to Airbus
Customer Services. DAL proposed that the FAA AD verify that this
reporting requirement is not mandated.
The FAA agrees to clarify. As specified in paragraph (i)(3) of this
AD, if any service information contains paragraphs that are identified
as RC (required for compliance), those paragraphs must be done to
comply with this AD; any paragraphs that are not identified as RC are
recommended. The reporting paragraph in the Airbus AOT referenced in
EASA AD 2022-0196 is not labeled as RC; therefore, reporting is not
required for compliance in this AD. The FAA has not changed this AD as
a result of this comment.
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
comments 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 2022-0196 specifies procedures for repetitive detailed
inspections for broken lower attachment studs and, depending on
findings, replacement of the lower attachment studs on the AFT galley
complex. The MCAI specifies that replacement of the lower attachment
studs on the AFT galley complex constitutes a terminating action for
the repetitive detailed inspections. The MCAI also prohibits the
installation of affected parts on any airplane. 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
ADDRESSES.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA may consider further rulemaking.
Costs of Compliance
The FAA estimates that this AD affects 8 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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2 work-hours x $85 per hour = $170........................... $0 $170 $1,360
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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
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Cost per
Labor cost Parts cost product
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7 work-hours x $85 per hour = $595.... $95 $690
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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:
[[Page 31171]]
2023-07-13 Airbus SAS: Amendment 39-22415; Docket No. FAA-2022-1659;
Project Identifier MCAI-2022-01254-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 20, 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 2022-0196, dated September
20, 2022 (EASA AD 2022-0196).
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Unsafe Condition
This AD was prompted by reports of broken lower attachment studs
on the AFT galley complex. The FAA is issuing this AD to address
broken lower attachment studs on the AFT galley complex. The unsafe
condition, if not addressed, could lead to galley module detachment,
resulting in injury to airplane occupants and reduced capacity for
emergency evacuation 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 2022-0196.
(h) Exceptions to EASA AD 2022-0196
(1) Where EASA AD 2022-0196 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (3) of EASA AD 2022-0196 specifies
terminating action, for this AD, replacing all affected parts of all
affected galleys terminates the repetitive inspections for that
airplane.
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0196.
(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#60594d2136334d2129324d5753504d212d2f23200601014e070f16"><span class="__cf_email__" data-cfemail="142d3955424739555d46392327243955595b57547275753a737b62">[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 2022-0196 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#9edaffeab0c8b0d2fbdef8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="c682a7b2e890e88aa386a0a7a7e8a1a9b0">[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 2022-0196,
dated September 20, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0196, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#e3a2a790a386829082cd8696918c9382cd8696"><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 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#dcbaaef2b5b2afacb9bfa8b5b3b29cb2bdaebdf2bbb3aa"><span class="__cf_email__" data-cfemail="89effba7e0e7faf9eceafde0e6e7c9e7e8fbe8a7eee6ff">[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 April 8, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-10331 Filed 5-15-23; 8:45 am]
BILLING CODE 4910-13-P
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