Proposed Rule2023-23517
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
October 26, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2022-01-07, which applies to certain Airbus SAS Model A350-941 and - 1041 airplanes. AD 2022-01-07 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2022-01-07, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would retain the actions required by AD 2022-01-07 and also require 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 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 206 (Thursday, October 26, 2023)</title>
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[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Proposed Rules]
[Pages 73545-73549]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23517]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2004; Project Identifier MCAI-2023-00977-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)
2022-01-07, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2022-01-07 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. Since the FAA issued AD
2022-01-07, the FAA has determined that new or more restrictive
airworthiness limitations are necessary. This proposed AD would retain
the actions required by AD 2022-01-07 and also require 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 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 December
11, 2023.
[[Page 73546]]
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-2023-2004; 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 EASA ADs identified in this NPRM, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email <a href="/cdn-cgi/l/email-protection#2564615665404456440b4050574a55440b4050"><span class="__cf_email__" data-cfemail="febfba8dbe9b9f8d9fd09b8b8c918e9fd09b8b">[email protected]</span></a>; website easa.europa.eu. You may find
this material on the EASA website ad.easa.europa.eu. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2004.
<bullet> You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 562-627-
5357; email: <a href="/cdn-cgi/l/email-protection#badedbce94cc94d6dffadcdbdb94ddd5cc"><span class="__cf_email__" data-cfemail="5f3b3e2b712971333a1f393e3e71383029">[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-2023-2004; Project Identifier
MCAI-2023-00977-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 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, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 562-627-5357; email: <a href="/cdn-cgi/l/email-protection#264247520850084a436640474708414950"><span class="__cf_email__" data-cfemail="8aeeebfea4fca4e6efcaecebeba4ede5fc">[email protected]</span></a>.
Any commentary that the FAA receives that is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
Background
The FAA issued AD 2022-01-07, Amendment 39-21895 (87 FR 5391,
February 1, 2022) (AD 2022-01-07), for certain Airbus SAS Model A350-
941 and -1041 airplanes. AD 2022-01-07 was prompted by an MCAI
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA issued AD 2021-0209, dated September 15,
2021 (EASA AD 2021-0209) (which corresponds to FAA AD 2022-01-07), to
correct an unsafe condition.
AD 2022-01-07 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA issued AD 2022-01-07 to
address the potential of ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.
Actions Since AD 2022-01-07 Was Issued
Since the FAA issued AD 2022-01-07, EASA superseded AD 2021-0209
and issued EASA AD 2023-0162, dated August 17, 2023 (EASA AD 2023-0162)
(referred to after this as the MCAI), for certain Airbus SAS Model
A350-941 and -1041 airplanes. The MCAI states that new or more
restrictive airworthiness limitations have been developed.
Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after June 1, 2023, must
comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this proposed AD therefore does not include those airplanes in the
applicability.
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-2023-2004.
Related Service Information Under 1 CFR Part 51
The FAA reviewed EASA AD 2023-0162. This service information
specifies new or more restrictive airworthiness limitations related to
fuel tank ignition prevention and fuel tank flammability reduction.
This proposed AD would also require EASA AD 2021-0209, which the
Director of the Federal Register approved for incorporation by
reference as of March 8, 2022 (87 FR 5391, February 1, 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 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 this 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 the requirements of AD 2022-01-07.
This proposed AD would require revising the existing maintenance or
inspection
[[Page 73547]]
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, which are specified in EASA AD 2023-0162
described previously, as incorporated by reference. Any differences
with EASA AD 2023-0162 are identified as exceptions in the regulatory
text of this AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions is required by 14 CFR 91.403(c). For airplanes that
have been previously modified, altered, or repaired in the areas
addressed by this proposed AD, the operator may not be able to
accomplish the actions described in the revisions. In this situation,
to comply with 14 CFR 91.403(c), the operator must request approval for
an alternative method of compliance (AMOC) according to paragraph
(m)(1) 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 2023-0162 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0162 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 2023-0162 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 2023-
0162. Service information required by EASA AD 2023-0162 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> by searching for and locating
Docket No. FAA-2023-2004 after the FAA final rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an AMOC in accordance with the
procedures specified in the AMOCs paragraph under ``Additional AD
Provisions.'' This new format includes a ``New Provisions for
Alternative Actions, Intervals, and CDCCLs'' paragraph that does not
specifically refer to AMOCs, but operators may still request an AMOC to
use an alternative action or interval.
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:
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 proposed
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
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 2022-01-07, Amendment 39-21895 (87
FR 5391, February 1, 2022); and
0
b. Adding the following new Airworthiness Directive:
Airbus SAS: Docket No. FAA-2023-2004; Project Identifier MCAI-2023-
00977-T.
[[Page 73548]]
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 11, 2023.
(b) Affected ADs
This AD replaces AD 2022-01-07, Amendment 39-21895 (87 FR 5391,
February 1, 2022) (AD 2022-01-07).
(c) Applicability
This AD applies all 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 June 1, 2023.
(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 the potential of ignition sources inside
fuel tanks, which, in combination with flammable fuel vapors, could
result in a fuel tank explosion and consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Revision of the Existing Maintenance or Inspection
Program, With AD 2022-01-07, With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2022-01-07, 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 2021-0209, dated September
15, 2021 (EASA AD 2021-0209). 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 2021-0209, With No Changes
This paragraph restates the exceptions specified in paragraph
(h) of AD 2022-01-07, with no changes.
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0209 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2021-0209 specifies revising ``the
AMP [aircraft maintenance program]'' within 12 months after its
effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, to incorporate the
``limitations, tasks and associated thresholds and intervals''
specified in paragraph (3) of EASA AD 2021-0209 within 90 days after
March 8, 2022 (the effective date of AD 2022-01-07).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2021-0209 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2021-0209, or
within 90 days after March 8, 2022 (the effective date of AD 2022-
01-07), whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2021-0209 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2021-0209 does not apply
to this AD.
(i) Retained Restrictions on Alternative Actions, Intervals, and
Critical Design Configuration Control Limitations (CDCCLs), With No
Changes
This paragraph restates the requirements of paragraph (i) of AD
2022-01-07, with no changes. Except as required by paragraph (j) of
this AD, after the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, and critical design
configuration control limitations (CDCCLs) are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2021-0209.
(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 2023-0162, dated August 17, 2023 (EASA AD
2023-0162). 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 2023-0162
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0162.
(2) Where paragraph (3) of EASA AD 2023-0162 specifies ``Within
12 months after the effective date of this AD, revise the AMP,''
this AD requires replacing those words with ``Within 90 days after
the effective date of this AD, revise the existing maintenance or
inspection program, as applicable.''
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0162 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0162, or within 90
days after the effective date of this AD, whichever occurs later.
(4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2023-0162.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0162.
(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), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2023-0162.
(m) 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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (n) of this AD or email to: <a href="/cdn-cgi/l/email-protection#f5ccd8b4a3a6d8b4bca7d8c2c6c5d8b4b8bab6b5939494db929a83"><span class="__cf_email__" data-cfemail="023b2f4354512f434b502f3531322f434f4d41426463632c656d74">[email protected]</span></a>.
If mailing information, also submit information by email. 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, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone: 562-627-5357; email: <a href="/cdn-cgi/l/email-protection#781c190c560e56141d381e1919561f170e"><span class="__cf_email__" data-cfemail="731712075d055d1f16331512125d141c05">[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
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
(i) European Union Aviation Safety Agency (EASA) AD 2023-0162,
dated August 17, 2023.
(ii) [Reserved]
(4) The following service information was approved for IBR on
March 8, 2022 (87 FR 5391, February 1, 2022).
(i) European Union Aviation Safety Agency (EASA) AD 2021-0209,
dated September 15, 2021.
(ii) [Reserved]
(5) For EASA AD 2023-0162 and EASA AD 2021-0209, 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="1d5c596e5d787c6e7c3378686f726d7c337868">[email protected]</span></a>; website easa.europa.eu. You may
find this EASA AD on the EASA website ad.easa.europa.eu.
(6) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th
Street, Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195.
[[Page 73549]]
(7) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#2e485c0047405d5e4b4d5a4741406e404f5c4f00494158"><span class="__cf_email__" data-cfemail="375145195e5944475254435e5859775956455619505841">[email protected]</span></a>.
Issued on October 19, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-23517 Filed 10-25-23; 8:45 am]
BILLING CODE 4910-13-P
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