Rule2024-21799
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 25, 2024
Effective
October 30, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2022-13- 11, which applied to all Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-13-11 required revising the existing airplane flight manual (AFM) for airplanes equipped with affected flight control units (FCUs) and replacing any affected FCU with a serviceable FCU. This AD was prompted by reports of inadvertent auto flight system (AFS) altitude changes on the FCU; an investigation revealed that, depending on the ring selection, failure of the ALT knob on the FCU could change the target altitude. This AD continues to require certain actions in AD 2022-13-11, including replacing any affected FCU with a serviceable FCU, expands the requirement to revise the existing AFM for all airplanes, and prohibits the installation of affected parts; 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 186 (Wednesday, September 25, 2024)</title>
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[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Rules and Regulations]
[Pages 78223-78225]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21799]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1007; Project Identifier MCAI-2023-01249-T;
Amendment 39-22823; AD 2024-16-17]
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) 2022-13-
11, which applied to all Airbus SAS Model A350-941 and -1041 airplanes.
AD 2022-13-11 required revising the existing airplane flight manual
(AFM) for airplanes equipped with affected flight control units (FCUs)
and replacing any affected FCU with a serviceable FCU. This AD was
prompted by reports of inadvertent auto flight system (AFS) altitude
changes on the FCU; an investigation revealed that, depending on the
ring selection, failure of the ALT knob on the FCU could change the
target altitude. This AD continues to require certain actions in AD
2022-13-11, including replacing any affected FCU with a serviceable
FCU, expands the requirement to revise the existing AFM for all
airplanes, and prohibits the installation of affected parts; 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 October 30, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 30,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1007; 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 AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email <a href="/cdn-cgi/l/email-protection#6322271023060210024d0616110c13024d0616"><span class="__cf_email__" data-cfemail="98d9dcebd8fdf9ebf9b6fdedeaf7e8f9b6fded">[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 at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1007.
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#96afbbf7e0e5bbf8eff7f5f9bbf5f9e5d6f0f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="d9e0f4b8afaaf4b7a0b8bab6f4bab6aa99bfb8b8f7beb6af">[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 2022-13-11, Amendment 39-22097 (87 FR
39741, July 5, 2022) (AD 2022-13-11). AD 2022-13-11 applied to all
Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-13-11 was
prompted by a report of inadvertent AFS altitude changes on the FCU; an
investigation revealed that, depending on the ring selection, failure
of the ALT knob on the FCU could change the target altitude. AD 2022-
13-11 required revising the existing AFM to include a procedure on the
use of the AFS control panel ALT knob. AD 2022-13-11 also required
replacing any affected FCU with a serviceable FCU, which would
terminate the AFM revision following that replacement. The FAA issued
AD 2022-13-11 to address erroneous target altitude during descent,
climb, or go-around, which could result in an unexpected vertical
trajectory deviation and loss of correct situational awareness that
could potentially result in uncontrolled impact with the ground.
The NPRM published in the Federal Register on April 23, 2024 (89 FR
30281). The NPRM was prompted by AD 2023-0215, dated December 11, 2023;
corrected December 13, 2023; issued by EASA, which is the Technical
Agent for the Member States of the European Union (EASA AD 2023-0215)
(also referred to as the MCAI). The
[[Page 78224]]
MCAI states that since EASA AD 2021-0260, dated November 18, 2021 (EASA
AD 2021-0260), was issued, several operators reported additional
incidents of inadvertent AFS altitude changes on airplanes equipped
with serviceable FCUs. Airbus is investigating the cause of these
reported events and, as a precautionary measure, expanded the
applicability of the AFM Temporary Revision (TR) 121, Issue 1, to all
airplanes, including those equipped with serviceable FCUs. For the
reasons described above, EASA AD 2023-0215 partially retains the
requirements of EASA AD 2021-0260, which is superseded, and requires
amendment of the applicable AFM by incorporating AFM TR 121, Issue 1,
for airplanes equipped with serviceable FCUs. EASA AD 2023-0215 is
still considered to be an interim action, and further EASA AD action
may follow.
In the NPRM, the FAA proposed to continue to require certain
actions in AD 2022-13-11, including replacing any affected FCU with a
serviceable FCU, as specified in EASA AD 2023-0215. The NPRM also
proposed to require expanding the applicability of the requirement to
revise the existing AFM to all Model A350-941 and -1041 airplanes,
including those equipped with serviceable FCUs, as specified in EASA AD
2023-0215. The NPRM also proposed to prohibit the installation of
affected parts. The FAA is issuing this AD to address erroneous target
altitude during descent, climb, or go-around, which could result in an
unexpected vertical trajectory deviation and loss of correct
situational awareness that could potentially result in uncontrolled
impact with the ground.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1007.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
The FAA received an additional comment from Delta Air Lines
(Delta). The following presents the comment received on the NPRM and
the FAA's response to the comment.
Request To Extend Compliance Time for Replacement of Affected FCUs
Delta requested that a new exception be added to paragraph (h) of
the proposed AD to extend the compliance time for the replacement of
affected FCUs from 25 months to 32 months, due to lack of parts
availability. Delta pointed out that it is currently the only U.S.
operator affected by AD 2022-13-11 and that Thales, the FCU
manufacturer, focused on providing serviceable FCUs to European
operators first, since EASA AD 2021-0260 was required to be
accomplished sooner than AD 2022-13-11. Delta asserted that this
resulted in Delta losing approximately 17 months of the time needed to
accomplish the required replacement and therefore, requested the
additional 7-month extension. Additionally, Delta pointed out that the
replacement is secondary to the requirement to amend the AFM, which
affects both serviceable and affected FCUs. Because the compliance time
for the AFM amendment is retained as proposed, Delta maintained that an
adequate level of safety is provided during the requested extension of
the compliance time for replacing the affected FCUs.
The FAA does not agree to extend the compliance time for replacing
the affected FCUs. Delta did not provide enough justification to
support an extension of the compliance time. In developing an
appropriate compliance time for this action, the FAA considered the
recommendations of the manufacturer, the urgency associated with the
subject unsafe condition, the availability of required parts, and the
practical aspect of accomplishing the required replacement within a
period of time that corresponds to the normal scheduled maintenance for
most affected operators. According to EASA, as the State of Design,
parts availability was taken into consideration during development of
the compliance time, which was determined to be sufficient to allow for
the replacement of the affected parts to address the entire global A350
fleet. In consideration of these items, the FAA has determined that the
proposed compliance time will ensure an acceptable level of safety.
However, under the provisions of paragraph (i)(1) of this AD, the FAA
will consider requests for approval of an extension of the compliance
time if sufficient data are submitted to substantiate that the new
compliance time would provide an acceptable level of safety. Therefore,
no change is necessary to this AD.
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.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2023-0215 specifies procedures for revising the existing
AFM to include a procedure on the use of the AFS control panel ALT knob
for all Airbus SAS Model A350-941 and -1041 airplanes, including the
airplanes equipped with serviceable FCUs part number (P/N) C31006AD01;
and replacing any affected FCU having P/N C31006AC01 or C31006AB01 with
a serviceable FCU having P/N C31006AD01. EASA AD 2023-0215 also
prohibits the installation of affected parts.
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.
Interim Action
The FAA considers that this AD is an interim action. The FAA
anticipates that further AD action will follow.
Costs of Compliance
The FAA estimates that this AD affects 27 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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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 6 work-hours x $85 per hour = $27,000 Up to $27,510............. Up to $742,770.
$510.
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[[Page 78225]]
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) 2022-13-11, Amendment 39-22097
(87 FR 39741, July 5, 2022); and
0
b. Adding the following new AD:
2024-16-17 Airbus SAS: Amendment 39-22823; Docket No. FAA-2024-1007;
Project Identifier MCAI-2023-01249-T.
(a) Effective Date
This airworthiness directive (AD) is effective October 30, 2024.
(b) Affected ADs
This AD replaces AD 2022-13-11, Amendment 39-22097 (87 FR 39741,
July 5, 2022) (AD 2022-13-11).
(c) Applicability
This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 22, Auto Flight.
(e) Unsafe Condition
This AD was prompted by reports of inadvertent auto flight
system (AFS) altitude changes on the flight control unit (FCU); an
investigation revealed that, depending on the ring selection,
failure of the ALT knob on the FCU could change the target altitude.
The FAA is issuing this AD to address erroneous target altitude
during descent, climb, or go-around, which could result in an
unexpected vertical trajectory deviation and loss of correct
situational awareness that could potentially result in uncontrolled
impact with the ground.
(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, European Union Aviation Safety Agency (EASA) AD
2023-0215, dated December 11, 2023; corrected December 13, 2023
(EASA AD 2023-0215).
(h) Exceptions to EASA AD 2023-0215
(1) Where EASA AD 2023-0215 refers to ``02 December 2021 [the
effective date of EASA AD 2021-0260, dated November 18, 2021],''
this AD requires using August 9, 2022 (the effective date of AD
2022-13-11).
(2) Where EASA AD 2023-0215 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraphs (1) and (2) of EASA AD 2023-0215 specify to
``inform all flight crews, and thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.
(4) The ``Remarks'' section of EASA AD 2023-0215 does not apply
to 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 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#82bbafc3d4d1afc3cbd0afb5b1b2afc3cfcdc1c2e4e3e3ace5edf4"><span class="__cf_email__" data-cfemail="b68f9bf7e0e59bf7ffe49b8185869bf7fbf9f5f6d0d7d798d1d9c0">[email protected]</span></a>.
(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.
(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#271e0a4651540a495e4644480a4448546741464609404851"><span class="__cf_email__" data-cfemail="b48d99d5c2c799dacdd5d7db99d7dbc7f4d2d5d59ad3dbc2">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 2023-0215,
dated December 11, 2023; corrected dated December 13, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0215, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#b7f6f3c4f7d2d6c4d699d2c2c5d8c7d699d2c2"><span class="__cf_email__" data-cfemail="77363304371216041659120205180716591202">[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 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="/cdn-cgi/l/email-protection#c8f4a9e8a0baadaef5" http: www.archives.gov federal-register cfr ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="d9b0bbabf4b5b6bab8adb0b6b7aab6abbcb4b8b0b5bfabf7b0b7aaa9bcbaadb0b6b799b7b8abb8f7beb6af">[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="1a737868377675797b6e7375746975687f777b73767c68347374696a7f796e7375745a747b687b347d756c">[email protected]</span></a></a>.
Issued on August 7, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-21799 Filed 9-24-24; 8:45 am]
BILLING CODE 4910-13-P
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