[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Proposed Rules]
[Pages 36276-36279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12933]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0678; Project Identifier MCAI-2022-00067-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) 
2021-16-03, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2021-16-03 requires an inspection for missing or 
incorrect application of the lightning strike edge glow sealant 
protection at certain locations in the wing tanks, and corrective 
action. Since the FAA issued AD 2021-16-03, a modification was 
developed to restore two independent layers of lightning strike 
protection on the wing upper cover. This proposed AD would continue to 
require the actions of AD 2021-16-03 and would require a modification 
to restore two independent layers of lightning strike protection, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference. 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 August 1, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this material on the EASA website at 
https://ad.easa.europa.eu. 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 https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0678.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0678; 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.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large 
Aircraft Section, FAA, International Validation Branch, 2200 South 
216th St., Des Moines, WA 98198; telephone 206-231-3225; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-0678; Project Identifier

[[Page 36277]]

MCAI-2022-00067-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 
https://www.regulations.gov, 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 Dan 
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3225; email [email protected]. Any commentary that 
the FAA receives which is not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2021-16-03, Amendment 39-21665 (86 FR 47555, 
August 26, 2021) (AD 2021-16-03), which applies to certain Airbus SAS 
Model A350-941 and -1041 airplanes. AD 2021-16-03 requires an 
inspection for missing or incorrect application of the lightning strike 
edge glow sealant protection at certain locations in the wing tanks, 
and corrective action. The FAA issued AD 2021-16-03 to address missing 
or incorrectly applied sealant, which in combination with an undetected 
incorrect installation of an adjacent fastener and a lightning strike 
in the immediate area, could result in ignition of the fuel-air mixture 
inside the affected fuel tanks and loss of the airplane.

Actions Since AD 2021-16-03 Was Issued

    Since the FAA issued AD 2021-16-03, Airbus developed new service 
information to address this issue by providing a modification to 
aircraft wing upper cover locations that may be affected. Embodiment of 
this modification ensures that the correction of missing sealant will 
restore the two independent layers of lightning strike protection. In 
addition, the compliance time for the inspections was revised from 
``the next scheduled maintenance tank entry, or before exceeding 6 
years from Airbus date of manufacture'' to ``the next scheduled 
maintenance tank entry, or before exceeding 78 months since Airbus date 
of manufacture.''
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0011, dated January 21, 2022 
(EASA AD 2022-0011) (also referred to as the MCAI), to correct an 
unsafe condition for certain Airbus SAS Model A350-941 and -1041 
airplanes.
    This proposed AD was prompted by in-production findings of missing 
or incorrect application of the lightning strike edge glow sealant 
protection at specific locations in the wing tanks, and by the 
development of a modification to restore two independent layers of 
lightning strike protection on the wing upper cover. The FAA is 
proposing this AD to address missing or incorrectly applied sealant, 
which in combination with an undetected incorrect installation of an 
adjacent fastener and a lightning strike in the immediate area, could 
result in ignition of the fuel-air mixture inside the affected fuel 
tanks and loss of the airplane. See the MCAI for additional background 
information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2021-16-03, this proposed AD would retain all of the 
requirements of AD 2021-16-03. Those requirements are referenced in 
EASA AD 2022-0011, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0011 specifies procedures for an inspection for 
missing or incorrect application of the lightning strike edge glow 
sealant protection at certain locations in the wing tanks 
(discrepancies), and corrective action. Corrective actions include 
applying sealant in areas where sealant was found to be missing or 
incorrectly applied. EASA AD 2022-0011 also specified procedures for a 
modification to restore two independent layers of lightning strike 
protection on the wing upper cover.
    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

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the 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 these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0011 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 2022-0011 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0011 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 EASA AD 2022-0011 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 2022-
0011.

[[Page 36278]]

Service information required by EASA AD 2022-0011 for compliance will 
be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0678 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 27 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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               Action                      Labor cost                  Parts cost                 Cost per  product           Cost on U.S.  operators
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Retained actions from AD 2021-16-03  Up to 67 work-hours x   $0...........................  Up to $5,695.................  Up to $153,765.
                                      $85 per hour = $5,695.
New proposed actions (modification)  Up to 55 work-hours x   Up to $500...................  Up to $5,175.................  Up to $139,725.
                                      $85 per hour = $4,675.
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
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1 work-hour x $85 per hour = $85......              $0              $85
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    According to the manufacturer, some or all of the costs of this 
proposed 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: 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 (AD) 2021-16-03, Amendment 39-21665 
(86 FR 47555, August 26, 2021); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-0678; Project Identifier MCAI-2022-
00067-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 1, 2022.

(b) Affected ADs

    This AD replaces AD 2021-16-03, Amendment 39-21665 (86 FR 47555, 
August 26, 2021) (AD 2021-16-03).

(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 2022-0011, dated January 21, 
2022 (EASA AD 2022-0011).

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by in-production findings of missing or 
incorrect application of the lightning strike edge glow sealant 
protection at specific locations in the wing tanks and by the 
development of a modification to restore two independent layers of 
lightning strike protection on the wing upper cover. The FAA is 
issuing this AD to address missing or incorrectly applied sealant, 
which in combination with an undetected incorrect installation of an 
adjacent fastener and a lightning strike in the immediate area, 
could result in ignition of the fuel-air mixture inside the affected 
fuel tanks and loss of the airplane.

[[Page 36279]]

(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 2022-0011.

(h) Exceptions to EASA AD 2022-0011

    (1) Where EASA AD 2022-0011 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0011 refers to October 27, 2020 (the 
effective date of EASA AD 2020-0220), this AD requires using 
September 30, 2021 (the effective date of AD 2021-16-03).
    (3) Where paragraph (1) of EASA AD 2022-0011 gives a compliance 
time of ``the next scheduled maintenance tank entry, or before 
exceeding 78 months since Airbus date of manufacture, whichever 
occurs first after 27 October 2020 [the effective date of EASA AD 
2020-0220],'' for this AD, the compliance time is the later of the 
times specified in paragraphs (h)(3)(i) and (ii) of this AD.
    (i) The next scheduled maintenance tank entry, or before 
exceeding 78 months since Airbus date of manufacture, whichever 
occurs first after September30, 2021 (the effective date of AD 2021-
16-03).
    (ii) Within 12 months after September 30, 2021 (the effective 
date of AD 2021-16-03).
    (4) Where paragraph (2) of EASA AD 2022-0011 refers to 
``discrepancies,'' for this AD, discrepancies include missing or 
incorrectly applied sealant.
    (5) Where paragraph (3) of EASA AD 2022-0011 gives a compliance 
time of ``the next scheduled maintenance tank entry, or before 
exceeding 78 months since Airbus date of manufacture, whichever 
occurs first after the effective date of this [EASA] AD,'' for this 
AD, the compliance time is the later of the times specified in 
paragraphs (h)(5)(i) and (ii) of this AD.
    (i) The next scheduled maintenance tank entry, or before 
exceeding 78 months since Airbus date of manufacture, whichever 
occurs first after the effective date of this AD.
    (ii) Within 12 months after the effective date of this AD.
    (6) The ``Remarks'' section of EASA AD 2022-0011 does not apply 
to this AD.

(i) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (j)(2) of 
this AD. Information may be emailed to: [email protected]. 
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, 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) 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) Related Information

    (1) For EASA AD 2022-0011, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu. 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. This material may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0678.
    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3225; email [email protected].

    Issued on June 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-12933 Filed 6-15-22; 8:45 am]
BILLING CODE 4910-13-P