Rule2023-16235
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
August 1, 2023
Effective
September 5, 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 reports of a non-full life clearance in the low-pressure hydraulic pipes of the nose landing gear return line, due to two quality escapes. This AD requires replacing the affected aluminum pipes with titanium pipes, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also prohibits the installation of affected parts. 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 146 (Tuesday, August 1, 2023)</title>
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[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Rules and Regulations]
[Pages 50008-50011]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16235]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0656; Project Identifier MCAI-2022-01433-T;
Amendment 39-22498; AD 2023-13-13]
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 all
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by
reports of a non-full life clearance in the low-pressure hydraulic
pipes of the nose landing gear return line, due to two quality escapes.
This AD requires replacing the affected aluminum pipes with titanium
pipes, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference. This AD also prohibits the
installation of affected parts. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective September 5, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 5,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-0656; 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#b8f9fccbf8ddd9cbd996ddcdcad7c8d996ddcd"><span class="__cf_email__" data-cfemail="4100053201242032206f2434332e31206f2434">[email protected]</span></a>; website easa.europa.eu. You may
find this material on the EASA website ad.easa.europa.eu.
<bullet> You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th Street,
Des Moines, WA. For
[[Page 50009]]
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-2023-0656.
FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; email <a href="/cdn-cgi/l/email-protection#0d34206c7b7e2063746c6e62206e627e4d6b6c6c236a627b"><span class="__cf_email__" data-cfemail="40796d2136336d2e3921232f6d232f33002621216e272f36">[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 all Airbus SAS Model
A350-941 and -1041 airplanes. The NPRM published in the Federal
Register on March 30, 2023 (88 FR 19021). The NPRM was prompted by AD
2022-0217R1, dated March 1, 2023, issued by EASA, which is the
Technical Agent for the Member States of the European Union (EASA AD
2022-0217R1) (also referred to as the MCAI). The MCAI states Airbus
received reports from the manufacturer of a non-full life clearance in
the low-pressure hydraulic pipes of the nose landing gear return line,
due to two separate quality escapes. One quality escape occurred after
alodine process application on aluminum pipes, when black spots and
stains caused by corrosion pitting were found on inner and outer
diameters. In a second quality escape, aluminum pipes were identified
with an average ovality value (which measures the maximum and minimum
outer diameter of the pipe) above the admissible value. This condition,
if not corrected, could lead to a premature rupture in the yellow
hydraulic line, which, in case of additional independent system
failures, could result in reduced airplane controllability.
In the NPRM, the FAA proposed to require replacing the affected
aluminum pipes with titanium pipes, as specified in EASA AD 2022-
0217R1. The NPRM also proposed to prohibit the installation of affected
parts. 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-2023-0656.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from an individual and Air Line Pilots
Association, International (ALPA) who supported the NPRM without
change.
The FAA received an additional comment from Delta Air Lines
(Delta). The following presents the comment received on the NPRM and
the FAA's response to the comment.
Request for Change in Compliance Time
Delta requested a change to the compliance time for airplanes
having an affected part listed in the A350-941 Service Bulletin A350-
29-P020, dated July 28, 2022, modification of low pressure tubes S11-
12, from before exceeding 6 years since airplane date of manufacture,
or within 10 months after the effective date of this revised [EASA] AD
to 7,600 flight cycles. Delta expressed Airbus Engineering has
determined the impacted pipes, based on test results and analytical
calculation, have a maximum life limitation of 7,600 flight cycles.
Delta stated that Airbus developed a compliance time to ensure the
affected parts were replaced at their 6 year check. However, due to a
materials shortage, some affected aircraft did not embody Service
Bulletin A350-29-P020, dated July 28, 2022, at their 6 year check and
instead, would need to use the 10 months after the effective date
timeline. Delta expressed that 10 months after the effective date would
likely not align with a required aircraft check and does not follow the
Airbus calculated flight-cycle limit. Therefore, Delta stated that a
flight-cycle limit of 7,600 flight cycles should either replace the
calendar-driven compliance time; or for affected aircraft that already
completed the 6 year check the compliance time should be 7,600 flight
cycles since date of manufacture.
The FAA considered the recommendations of the manufacturer, the
availability of parts and the safety implications, and determined that
accomplishing the applicable action prior to the accumulation of 7,000
total flight cycles, will provide an adequate level of safety. The FAA
determined that 7,000 flight cycles is more appropriate than 7,600
flight cycles based on an average fleet usage of 600 to 700 flight
cycles a year; this revised compliance time will ensure the unsafe
condition is addressed in a timely manner. The FAA has changed this AD
to include an additional exception to the EASA AD that will allow for
accomplishing the actions at the latest of before exceeding 6 years
since airplane date of manufacture, within 10 months after the
effective date of this AD or prior to the accumulation of 7,000 flight
cycles.
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, and any other changes described previously, 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 2022-0217R1 specifies procedures for replacing the affected
aluminum pipes with titanium pipes. EASA AD 2022-0217R1 also prohibits
the installation of affected parts.
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 24 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 130 work-hours x $85 per hour = Up to $16,500.......... Up to $27,550.......... Up to $661,200.
$11,050.
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.
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:
2023-13-13 Airbus SAS: Amendment 39-22498; Docket No. FAA-2023-0656;
Project Identifier MCAI-2022-01433-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 5,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code: 29, Hydraulic
Power.
(e) Unsafe Condition
This AD was prompted by reports of a non-full life clearance in
the low-pressure hydraulic pipes of the nose landing gear return
line within the yellow hydraulic line system, due to two quality
escapes. The FAA is issuing this AD to address the quality escapes
in the manufacture of these pipes. The unsafe condition, if not
addressed, could result in premature rupture in the yellow hydraulic
line, which, in case of additional independent system failures,
could result in reduced airplane controllability.
(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
2022-0217R1, dated March 1, 2023 (EASA AD 2022-0217R1).
(h) Exceptions to EASA AD 2022-0217R1
(1) Where EASA AD 2022-0217R1 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
2022-0217R1.
(3) Where EASA AD 2022-0217R1 refers to November 18, 2022 (the
effective date of EASA AD 2022-0217), this AD requires using the
effective date of this AD.
(4) Where table (2) of EASA AD 2022-0217R specifies a compliance
time of ``Before exceeding 6 years since aeroplane date of
manufacture, or within 10 months after the effective date of this
revised AD, whichever occurs later'', this AD requires using
``Before exceeding 6 years since airplane date of manufacture,
within 10 months after the effective date of this AD, or prior to
the accumulation of 7,000 total flight cycles, whichever occurs
latest.''
(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#b58c98f4e3e698f4fce79882868598f4f8faf6f5d3d4d49bd2dac3"><span class="__cf_email__" data-cfemail="ab9286eafdf886eae2f9869c989b86eae6e4e8ebcdcaca85ccc4dd">[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, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#350c18544346185b4c54565a18565a46755354541b525a43"><span class="__cf_email__" data-cfemail="4d74602c3b3e6023342c2e22602e223e0d2b2c2c632a223b">[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 2022-0217R1,
dated March 1, 2023.
(ii) [Reserved]
(3) For EASA AD 2022-0217R1, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#7435300734111507155a1101061b04155a1101"><span class="__cf_email__" data-cfemail="d8999cab98bdb9abb9f6bdadaab7a8b9f6bdad">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website: ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th
Street, Des
[[Page 50011]]
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#1076623e797e6360757364797f7e507e7162713e777f66"><span class="__cf_email__" data-cfemail="d1b7a3ffb8bfa2a1b4b2a5b8bebf91bfb0a3b0ffb6bea7">[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 July 7, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-16235 Filed 7-31-23; 8:45 am]
BILLING CODE 4910-13-P
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