Rule2024-20108
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
September 9, 2024
Effective
September 24, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-1041 airplanes. This AD was prompted by a report of a production quality escape that could lead to deficiencies in surface protection on several left-hand and right-hand flap support structures. This AD requires a one-time detailed inspection of the affected parts at certain locations for evidence of corrosion or damage to the surface protection, repetitive detailed inspections of the affected parts at certain other locations for evidence of corrosion, and the accomplishment of applicable corrective actions, 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 174 (Monday, September 9, 2024)</title>
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[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Rules and Regulations]
[Pages 72971-72973]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20108]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1891; Project Identifier MCAI-2024-00161-T;
Amendment 39-22791; AD 2024-14-10]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-1041 airplanes. This AD was prompted by a
report of a production quality escape that could lead to deficiencies
in surface protection on several left-hand and right-hand flap support
structures. This AD requires a one-time detailed inspection of the
affected parts at certain locations for evidence of corrosion or damage
to the surface protection, repetitive detailed inspections of the
affected parts at certain other locations for evidence of corrosion,
and the accomplishment of applicable corrective actions, 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 September 24, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
24, 2024.
The FAA must receive comments on this AD by October 24, 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-2024-1891; 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
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For EASA material identified 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#4203063102272331236c2737302d32236c2737"><span class="__cf_email__" data-cfemail="4203063102272331236c2737302d32236c2737">[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 Street,
Des Moines, WA. For information on the availability of this material at
the FAA, call 206-231-3195. It is also available at <a href="http://regulations.gov">regulations.gov</a>
under Docket No. FAA-2024-1891.
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#751114015b035b1910351314145b121a03"><span class="__cf_email__" data-cfemail="6f0b0e1b411941030a2f090e0e41080019">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2024-1891; Project
Identifier MCAI-2024-00161-T'' at the beginning of your comments. The
most helpful comments reference a specific portion of the final rule,
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 final rule 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 final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to 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#fa9e9b8ed48cd4969fba9c9b9bd49d958c"><span class="__cf_email__" data-cfemail="6a0e0b1e441c44060f2a0c0b0b440d051c">[email protected]</span></a>. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
[[Page 72972]]
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2024-0061, dated March 6, 2024 (EASA
AD 2024-0061) (also referred to as the MCAI), to address an unsafe
condition for certain Airbus SAS Model A350-1041 airplanes. The MCAI
states that a production quality escape has been identified that could
lead to deficiencies in surface protection on the left-hand and right-
hand flap support structures. These deficiencies include insufficient
edge sealing around bushing installations and missing overpaint of the
sealant (missing over-coating with elastic varnish to protect against
hydraulic fluids). Insufficient surface treatment of areas of aluminum
parts could result in corrosion initiation at the bushing location and
reduced capability for all impacted areas of the affected parts to
sustain ultimate load. This condition, if not addressed, could lead to
in-flight detachment of the flap assembly, resulting in reduced control
of the airplane.
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-2024-1891.
Related Material Under 1 CFR Part 51
EASA AD 2024-0061 specifies procedures for a one-time detailed
inspection of the affected parts at certain locations for evidence of
corrosion or damage to the surface protection, repetitive detailed
inspections of the affected parts at certain other locations for
evidence of corrosion, and the accomplishment of applicable corrective
actions. Corrective actions include restoration of anti-corrosion
surface protection and repair. 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 AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2024-0061 described previously, except for any differences identified
as exceptions in the regulatory text of this 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,
EASA AD 2024-0061 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2024-0061 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2024-0061 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
2024-0061. Material required by EASA AD 2024-0061 for compliance will
be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-1891 after
this AD is published.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C.
551 et seq.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b). In addition, for the forgoing
reason(s), the FAA finds that good cause exists pursuant to 5 U.S.C.
553(d) for making this amendment effective in less than 30 days.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
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Cost per
Action Labor cost Parts cost product
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One-time inspection........................... 299 work-hours x $85 per hour = $7,160 $32,575
$25,415.
Repetitive inspections........................ 199 work-hours x $85 per hour = 7,170 24,085
$16,915.
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this AD.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
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:
[[Page 72973]]
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, and
(2) Will not affect intrastate aviation in Alaska.
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:
2024-14-10 Airbus SAS: Amendment 39-22791; Docket No. FAA-2024-1891;
Project Identifier MCAI-2024-00161-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 24,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A350-1041 airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2024-0061, dated March 6, 2024
(EASA AD 2024-0061).
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report of a production quality escape
that could lead to deficiencies in surface protection on several
left-hand and right-hand flap support structures. The FAA is issuing
this AD to address insufficient surface treatment of areas of
aluminum parts. This condition, if not addressed, could result in
corrosion at the bushing location and reduced capability for all
impacted areas of the affected parts to sustain ultimate load, which
could lead to in-flight detachment of the flap assembly, resulting
in reduced control 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 2024-0061.
(h) Exceptions to EASA AD 2024-0061
(1) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0061.
(2) Where paragraph (1) of EASA AD 2024-0061 specifies to
``accomplish a DET for evidence of corrosion,'' this AD requires
replacing that text with ``accomplish a DET for evidence of
corrosion and for damage to the surface protection.''
(3) Where paragraph (4) of EASA AD 2024-0061 specifies if ``any
deficiency (as defined in the SB) is found,'' this AD requires
replacing that text with if ``any corrosion is found.''
(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#86bfabc7d0d5abc7cfd4abb1b5b6abc7cbc9c5c6e0e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="b58c98f4e3e698f4fce79882868598f4f8faf6f5d3d4d49bd2dac3">[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 material 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#6f0b0e1b411941030a2f090e0e41080019"><span class="__cf_email__" data-cfemail="620603164c144c0e07220403034c050d14">[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 2024-0061,
dated March 6, 2024.
(ii) [Reserved]
(3) For EASA AD 2024-0061, 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="0a4b4e794a6f6b796b246f7f78657a6b246f7f">[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 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="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#8ceafea2e5e2fffce9eff8e5e3e2cce2edfeeda2ebe3fa"><span class="__cf_email__" data-cfemail="5036227e393e2320353324393f3e103e3122317e373f26">[email protected]</span></a>.
Issued on July 12, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-20108 Filed 9-6-24; 8:45 am]
BILLING CODE 4910-13-P
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