Proposed Rule2024-15958
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
July 23, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2023-07-13, which applies to certain Airbus SAS Model A350-941 and - 1041 airplanes. AD 2023-07-13 requires repetitive detailed inspections of the lower attachment studs on the AFT galley complex and, depending on findings, replacement of the lower attachment studs. Since the FAA issued AD 2023-07-13, it has been determined that additional airplanes are affected, and that all affected parts must be replaced with serviceable parts. This proposed AD would continue to require the actions in AD 2023-07-13, add airplanes to the applicability, and require the replacement of all affected parts, as specified in 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 89 Issue 141 (Tuesday, July 23, 2024)</title>
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[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Proposed Rules]
[Pages 59709-59712]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15958]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1892; Project Identifier MCAI-2024-00198-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)
2023-07-13, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2023-07-13 requires repetitive detailed inspections
of the lower attachment studs on the AFT galley complex and, depending
on findings, replacement of the lower attachment studs. Since the FAA
issued AD 2023-07-13, it has been determined that additional airplanes
are affected, and that all affected parts must be replaced with
serviceable parts. This proposed AD would continue to require the
actions in AD 2023-07-13, add airplanes to the applicability, and
require the replacement of all affected parts, as specified in 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 September
6, 2024.
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-2024-1892; 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 material identified in this proposed AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#7332370033161200125d1606011c03125d1606"><span class="__cf_email__" data-cfemail="48090c3b082d293b29662d3d3a273829662d3d">[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-2024-1892.
<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.
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#fa9e9b8ed48cd4969fba9c9b9bd49d958c"><span class="__cf_email__" data-cfemail="056164712b732b6960456364642b626a73">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
[[Page 59710]]
arguments about this proposal. Send your comments to an address listed
under ADDRESSES section. Include ``Docket No. FAA-2024-1892; Project
Identifier MCAI-2024-00198-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 516-228-7300; email <a href="/cdn-cgi/l/email-protection#442025306a326a2821042225256a232b32"><span class="__cf_email__" data-cfemail="ddb9bca9f3abf3b1b89dbbbcbcf3bab2ab">[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 2023-07-13, Amendment 39-22415 (88 FR 31169, May
16, 2023) (AD 2023-07-13), for certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2023-07-13 was prompted by an MCAI originated by
EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued AD 2022-0196, dated September 20, 2022, to
correct an unsafe condition.
AD 2023-07-13 requires repetitive detailed inspections of the lower
attachment studs on the AFT galley complex for damage (i.e., stress
marks, dents, bumps, corrosion, contamination, cracks, and scratches)
and correct installation and, depending on findings, replacement of the
lower attachment stud. The FAA issued AD 2023-07-13 to address broken
lower attachment studs having Part Number (P/N) XP14-070-007800 on the
AFT galley complex. The manufacturer's investigation indicates that the
broken lower attachment studs having P/N XP14-070-007800 resulted from
a hydrogen-induced failure. 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.
Actions Since AD 2023-07-13 Was Issued
The preamble to AD 2023-07-13 explains that the FAA considers the
requirements ``interim action'' and was considering further rulemaking.
The FAA has now determined that further rulemaking is indeed necessary,
and this proposed AD follows from that determination.
Since the FAA issued AD 2023-07-13, EASA superseded AD 2022-0196,
dated September 20, 2022, and issued EASA AD 2024-0078, dated March 20,
2024 (EASA AD 2024-0078) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A350-941 and -1041
airplanes. The MCAI states that additional airplanes are affected, and
that all lower attachment studs having P/N XP14-070-007800, on the AFT
galley complex must be replaced. Broken lower attachment studs on the
AFT galley complex, if not addressed, could lead to galley detachment,
resulting in injury to airplane occupants and reduced capacity for
emergency evacuation of the airplane.
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-2024-1892.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2023-07-13, this proposed AD would retain all of the
requirements of AD 2023-07-13. Those requirements are referenced in
EASA AD 2024-0078, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0078 specifies repetitive detailed inspections for
damaged and incorrectly installed lower attachment studs having P/N
XP14-070-007800 on the AFT galley complex and, depending on findings,
replacement of the lower attachment studs, and eventual replacement of
all affected lower attachment studs having P/N XP14-070-007800. The
MCAI specifies that replacement of all lower attachment studs having P/
N XP14-070-007800 on all affected AFT galleys constitutes a terminating
action for the repetitive detailed inspections.
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.
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 require accomplishing the actions specified
in EASA AD 2024-0078 described previously, except for any differences
identified as exceptions in the regulatory text 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 2024-0078 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0078 in its entirety 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
[[Page 59711]]
EASA AD 2024-0078 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 2024-0078. Material required by
EASA AD 2024-0078 for compliance will be available at <a href="http://regulations.gov">regulations.gov</a>
under Docket No. FAA-2024-1892 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 13 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 2023-07-13...... 2 work-hours x $85 per hour $0 $170 $2,210
= $170.
New proposed actions..................... 7 work-hours x $85 per hour 95 690 8,970
= $595.
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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
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 2023-07-13, Amendment 39-22415 (88
FR 31169, May 16, 2023); and
0
b. Adding the following new airworthiness directive:
Airbus SAS: Docket No. FAA-2024-1892; Project Identifier MCAI-2024-
00198-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 6, 2024.
(b) Affected ADs
This AD replaces AD 2023-07-13, Amendment 39-22415 (88 FR 31169,
May 16, 2023) (AD 2023-07-13).
(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 2024-0078, dated March 20,
2024 (EASA AD 2024-0078).
(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
having P/N XP14-070-007800 on the AFT galley complex. The FAA is
issuing this AD to address broken lower attachment studs having
XP14-070-007800 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 2024-0078.
(h) Exceptions to EASA AD 2024-0078
(1) Where EASA AD 2024-0078 refers to ``04 October 2022 [the
effective date of EASA AD 2022-0196],'' this AD requires using June
20, 2023 (the effective date of AD 2023-07-13).
(2) Where EASA AD 2024-0078 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraphs (1), (2), (3), and (4) of EASA AD 2024-0078
specify actions ``in accordance with approved instructions issued by
Airbus DOA,'' this AD requires replacing that text with ``in
accordance with approved instructions issued by the Manager, Large
Aircraft Section, 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) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0078.
(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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#b1889cf0e7e29cf0f8e39c8682819cf0fcfef2f1d7d0d09fd6dec7"><span class="__cf_email__" data-cfemail="1a23375b4c49375b5348372d292a375b5755595a7c7b7b347d756c">[email protected]</span></a>.
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD 2023-07-13 are approved as
AMOCs for the
[[Page 59712]]
corresponding provisions of EASA AD 2024-0078 that are required by
paragraph (g) of this AD.
(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 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 material 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, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#3b5f5a4f154d15575e7b5d5a5a155c544d"><span class="__cf_email__" data-cfemail="85e1e4f1abf3abe9e0c5e3e4e4abe2eaf3">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0078,
dated March 20, 2024.
(ii) [Reserved]
(3) For EASA AD 2024-0078, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#bcfdf8cffcd9ddcfdd92d9c9ced3ccdd92d9c9"><span class="__cf_email__" data-cfemail="56171225163337253778332324392637783323">[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 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="/cdn-cgi/l/email-protection#9fa3febff7edfaf9a2" http: www.archives.gov federal-register cfr ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="83eae1f1aeefece0e2f7eaecedf0ecf1e6eee2eaefe5f1adeaedf0f3e6e0f7eaecedc3ede2f1e2ade4ecf5">[email protected]</span></a>"><a href="http://www.archives.gov/federal-register/cfr/ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="234a41510e4f4c4042574a4c4d504c51464e424a4f45510d4a4d50534640574a4c4d634d4251420d444c55">[email protected]</span></a></a>.
Issued on July 16, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-15958 Filed 7-22-24; 8:45 am]
BILLING CODE 4910-13-P
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