Rule2024-01966
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
February 1, 2024
Effective
March 7, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2022-01- 07, which applied to certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-01-07 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD retains the actions required by AD 2022-01-07 and also requires 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 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 22 (Thursday, February 1, 2024)</title>
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[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Rules and Regulations]
[Pages 6420-6422]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01966]
[[Page 6420]]
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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;
Amendment 39-22656; AD 2024-01-05]
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) 2022-01-
07, which applied to certain Airbus SAS Model A350-941 and -1041
airplanes. AD 2022-01-07 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. This AD retains the actions
required by AD 2022-01-07 and also requires 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 incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective March 7, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 7,
2024.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of March
8, 2022 (87 FR 5391, February 1, 2022).
ADDRESSES:
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 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 EASA material identified in this final rule, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone: +49
221 8999 000; email: <a href="/cdn-cgi/l/email-protection#c8898cbb88ada9bba9e6adbdbaa7b8a9e6adbd"><span class="__cf_email__" data-cfemail="7435300734111507155a1101061b04155a1101">[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 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-2023-2004.
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#234742570d550d4f46634542420d444c55"><span class="__cf_email__" data-cfemail="593d382d772f77353c193f3838773e362f">[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 2022-01-07, Amendment 39-21895 (87 FR 5391,
February 1, 2022) (AD 2022-01-07). AD 2022-01-07 applied to certain
Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-01-07 required
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.
The NPRM published in the Federal Register on October 26, 2023 (88
FR 73545). The NPRM was prompted by AD 2023-0162, dated August 17,
2023, issued by EASA, which is the Technical Agent for the Member
States of the European Union (EASA AD 2023-0162) (also referred to as
the MCAI). The MCAI states that new or more restrictive airworthiness
limitations have been developed.
In the NPRM, the FAA proposed to 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 EASA AD 2023-
0162. 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-2023-2004.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Air Line Pilots Association,
International (ALPA) who supported the NPRM without change. The FAA
also received a comment from an anonymous commenter who expressed
appreciation for FAA's dedication to aviation safety. No changes to the
AD were requested; therefore, the FAA infers that the commenter
supported the NPRM.
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
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 AD also requires EASA AD 2021-0209, dated September 15, 2021,
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 the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 31 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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
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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 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
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 2022-01-07, Amendment 39-21895 (87
FR 5391, February 1, 2022); and
0
b. Adding the following new Airworthiness Directive:
2024-01-05 Airbus SAS: Amendment 39-22656; Docket No. FAA-2023-2004;
Project Identifier MCAI-2023-00977-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 7, 2024.
(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 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
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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, Intervals, and CDCCLs
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#aa9387ebfcf987ebe3f8879d999a87ebe7e5e9eacccbcb84cdc5dc"><span class="__cf_email__" data-cfemail="61584c2037324c2028334c5652514c202c2e22210700004f060e17">[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#d0b4b1a4fea6febcb590b6b1b1feb7bfa6"><span class="__cf_email__" data-cfemail="593d382d772f77353c193f3838773e362f">[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
March 7, 2024.
(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#cf8e8bbc8faaaebcaee1aababda0bfaee1aaba"><span class="__cf_email__" data-cfemail="99d8ddead9fcf8eaf8b7fcecebf6e9f8b7fcec">[email protected]</span></a>; website: easa.europa.eu. You
may find these EASA ADs 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.
(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#bfd9cd91d6d1cccfdadccbd6d0d1ffd1decdde91d8d0c9"><span class="__cf_email__" data-cfemail="b4d2c69adddac7c4d1d7c0dddbdaf4dad5c6d59ad3dbc2">[email protected]</span></a>.
Issued on January 26, 2024.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-01966 Filed 1-31-24; 8:45 am]
BILLING CODE 4910-13-P
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