Rule2023-28848
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
January 3, 2024
Effective
February 7, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2020-24- 12, which applied to certain Airbus SAS Model A350-941 airplanes. AD 2020-24-12 required replacing certain center wing box (CWB) fasteners with fasteners having improved friction efficiency. This AD was prompted by reports that certain CWB fasteners had rotated inside the fastener holes due to insufficient friction for the application, and by the determination that additional work is necessary to ensure the correct application of the fuel vapor barrier structure paint on the outside of the CWB. This AD continues to require the actions in AD 2020-24-12; and requires the additional work; as specified in 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 89 Issue 2 (Wednesday, January 3, 2024)</title>
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[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 235-237]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28848]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1887; Project Identifier MCAI-2023-00543-T;
Amendment 39-22642; AD 2023-25-15]
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 superseding Airworthiness Directive (AD) 2020-24-
12, which applied to certain Airbus SAS Model A350-941 airplanes. AD
2020-24-12 required replacing certain center wing box (CWB) fasteners
with fasteners having improved friction efficiency. This AD was
prompted by reports that certain CWB fasteners had rotated inside the
fastener holes due to insufficient friction for the application, and by
the determination that additional work is necessary to ensure the
correct application of the fuel vapor barrier structure paint on the
outside of the CWB. This AD continues to require the actions in AD
2020-24-12; and requires the additional work; as specified in 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 February 7, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 7,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1887; 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#98d9dcebd8fdf9ebf9b6fdedeaf7e8f9b6fded"><span class="__cf_email__" data-cfemail="c08184b380a5a1b3a1eea5b5b2afb0a1eea5b5">[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-2023-1887.
FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone (516)
228-7317; email <a href="/cdn-cgi/l/email-protection#650104114b134b0900250304044b020a13"><span class="__cf_email__" data-cfemail="ee8a8f9ac098c0828bae888f8fc0898198">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-24-12, Amendment 39-21342 (85 FR
76949, December 1, 2020) (AD 2020-24-12). AD 2020-24-12 applied to
certain Airbus SAS Model A350-941 airplanes. AD 2020-24-12 required
replacing certain CWB fasteners with fasteners having improved friction
efficiency. The FAA issued AD 2020-24-12 to address CWB fastener
rotation. This condition, if not corrected, could lead to cracking of
the fastener head sealant cover, followed by fuel vapor leakage inside
[[Page 236]]
the cabin, possibly resulting in injury to airplane occupants.
The NPRM published in the Federal Register on September 26, 2023
(88 FR 65831). The NPRM was prompted by AD 2023-0068, dated March 30,
2023, issued by EASA, which is the Technical Agent for the Member
States of the European Union (EASA AD 2023-0068) (also referred to as
the MCAI). The MCAI states that during flight and fatigue testing it
was discovered that some fasteners can rotate inside their CWB fastener
holes. Further investigation identified insufficient friction for the
application. After EASA issued AD 2020-0123 (which corresponds to FAA
AD 2020-24-12), it was determined that additional work is necessary to
ensure the correct application of the fuel vapor barrier structure
paint on the outside of the CWB. CWB fastener rotation, if not
corrected, can lead to a crack of the fastener head sealant cover,
followed by fuel vapor leakage inside the cabin, possibly resulting in
injury to airplane occupants.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2020-24-12 and to require the additional work, as specified in EASA
AD 2023-0068. 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-2023-1887.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Additional Changes Made to This AD
In the NPRM, the FAA inadvertently omitted an exception allowing
the use of the effective date of this AD in lieu of the effective date
of the EASA AD. The FAA has added paragraph (h)(2) of this AD to
include that exception.
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 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 2023-0068 specifies procedures for replacing the affected
CWB fasteners with fasteners having improved friction efficiency, and
for doing additional work on previously modified airplanes to ensure
the correct application of the fuel vapor barrier structure paint from
outside the CWB.
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 13 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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Cost on
Action Labor cost Parts cost Cost per U.S.
product operators
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Retained actions from AD 2020-24-12........ 307 work-hours x $85 per hour $5,900 $31,995 $415,935
= $26,095.
New actions................................ 174 work-hours x $85 per hour 900 15,690 203,970
= $14,790.
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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:
0
a. Removing Airworthiness Directive (AD) 2020-24-12, Amendment 39-21342
(85 FR 76949, December 1, 2020); and
0
b. Adding the following new AD:
2023-25-15 Airbus SAS: Amendment 39-22642; Docket No. FAA-2023-1887;
Project Identifier MCAI-2023-00543-T.
[[Page 237]]
(a) Effective Date
This airworthiness directive (AD) is effective February 7, 2024.
(b) Affected ADs
This AD replaces AD 2020-24-12, Amendment 39-21342 (85 FR 76949,
December 1, 2020) (AD 2020-24-12).
(c) Applicability
This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2023-0068, dated March 30, 2023
(EASA AD 2023-0068).
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports that certain center wing box
(CWB) fasteners had rotated inside the fastener holes due to
insufficient friction for the application, and by the determination
that additional work is necessary to ensure the correct application
of the fuel vapor barrier structure paint on the outside of the CWB.
The FAA is issuing this AD to address CWB fastener rotation. The
unsafe condition, if not corrected, could lead to cracking of the
fastener head sealant cover, followed by fuel vapor leakage inside
the cabin, possibly resulting in injury to airplane occupants.
(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 2023-0068.
(h) Exceptions to EASA AD 2023-0068
(1) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0068.
(2) Where EASA AD 2023-0068 refers to its effective date, this
AD requires using the effective date of this AD.
(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#f1c8dcb0a7a2dcb0b8a3dcc6c2c1dcb0bcbeb2b1979090df969e87"><span class="__cf_email__" data-cfemail="d2ebff938481ff939b80ffe5e1e2ff939f9d9192b4b3b3fcb5bda4">[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) 228-7317; email <a href="/cdn-cgi/l/email-protection#127673663c643c7e77527473733c757d64"><span class="__cf_email__" data-cfemail="eb8f8a9fc59dc5878eab8d8a8ac58c849d">[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 2023-0068,
dated March 30, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0068, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#89c8cdfac9ece8fae8a7ecfcfbe6f9e8a7ecfc"><span class="__cf_email__" data-cfemail="49080d3a092c283a28672c3c3b263928672c3c">[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 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#3f594d1156514c4f5a5c4b5650517f515e4d5e11585049"><span class="__cf_email__" data-cfemail="482e3a6621263b382d2b3c2127260826293a29662f273e">[email protected]</span></a>.
Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-28848 Filed 1-2-24; 8:45 am]
BILLING CODE 4910-13-P
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