[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Proposed Rules]
[Pages 58460-58463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20809]



[[Page 58460]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1235; Project Identifier MCAI-2022-00475-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) 
2022-07-10, which applies to all Airbus SAS Model A350-941 and -1041 
airplanes. AD 2022-07-10 requires revising the operator's existing FAA-
approved minimum equipment list (MEL) to include dispatch restrictions. 
AD 2022-07-10 also allows operators to inspect affected parts for 
discrepancies, and do applicable replacements, in order to terminate 
the revision of the operator's existing MEL. AD 2022-07-10 also 
prohibits the installation of affected parts. Since the FAA issued AD 
2022-07-10, a determination was made that the optional inspection and 
applicable replacements should be required. This proposed AD continues 
to require the actions in AD 2022-07-10, and would mandate the 
inspection of affected parts and applicable replacements, as specified 
in a European Union Aviation Safety Agency (EASA) AD, which was 
incorporated 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 November 
14, 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 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: 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 regulations.gov under 
Docket No. FAA-2022-1235; 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:
     For EASA AD 2022-0031, dated February 25, 2022, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu. It is also 
available in the AD docket at regulations.gov by searching for and 
locating Docket No. FAA-2022-1235.
     For Kidde Aerospace & Defense service information, contact 
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, Wilson, 
NC 27896; telephone: 319-295-5000; website: kiddetechnologies.com/aviation.com.
     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.

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-2022-1235; Project Identifier 
MCAI-2022-00475-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 
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 2022-07-10, Amendment 39-21998 (87 FR 19622, 
April 5, 2022) (AD 2022-07-10), for all Airbus SAS Model A350-941 and -
1041 airplanes. AD 2022-07-10 was prompted by MCAI originated by EASA, 
which is the Technical Agent for the Member States of the European 
Union. EASA issued EASA AD 2022-0031, dated February 25, 2022 (EASA AD 
2022-0031) (also referred to as the MCAI), to correct an unsafe 
condition identified as undetected thermal bleed leak events that might 
not be isolated during flight, possibly resulting in localized areas of 
the wing structure being exposed to high temperatures and consequent 
reduced structural integrity of the airplane.
    AD 2022-07-10 requires revising the operator's existing FAA-
approved MEL to include dispatch restrictions. AD 2022-07-10 also 
allows operators to inspect affected parts for discrepancies, and do 
applicable replacements, in order to terminate the revision of the 
operator's existing MEL. AD 2022-07-10 also prohibits the installation 
of affected parts. The FAA issued AD 2022-07-10 to address undetected 
thermal bleed leak events that might not be isolated during flight, 
possibly resulting in localized areas of the wing

[[Page 58461]]

structure being exposed to high temperatures and consequent reduced 
structural integrity of the airplane.

Actions Since AD 2022-07-10 Was Issued

    Since the FAA issued AD 2022-07-10, the FAA has determined that 
further rulemaking is necessary to mandate the detailed inspection of 
affected parts, and replacement, if applicable, that were optional 
actions in AD 2022-07-10.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1235.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2022-07-10, this proposed AD would retain all of the 
requirements of AD 2022-07-10. Those requirements are referenced in 
EASA AD 2022-0031, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    This AD requires EASA AD 2022-0031, which the Director of the 
Federal Register approved for incorporation by reference as of April 
20, 2022 (87 FR 19622, April 5, 2022).
    This AD also requires Kidde Aerospace & Defense Service Bulletin 
CFD-26-3, dated January 13, 2022, which the Director of the Federal 
Register approved for incorporation by reference as of April 20, 2022 
(87 FR 19622, April 5, 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.

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 the State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information 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 retain all of the requirements of AD 2022-
07-10. This proposed AD would require accomplishing the actions 
specified in EASA AD 2022-0031 described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. This proposed AD would also prohibit the installation of 
affected parts.
    EASA AD 2022-0031 requires operators to ``inform all flight crews'' 
of revisions to the MEL, and thereafter to ``operate the aeroplane 
accordingly.'' However, this proposed AD would not specifically require 
those actions as they are already required by FAA regulations. FAA 
regulations (14 CFR 121.628(a)(2)) require operators to provide pilots 
with access to all of the information contained in the operator's MEL. 
Furthermore, 14 CFR 121.628(a)(5) requires airplanes to be operated 
under all applicable conditions and limitations contained in the 
operator's MEL. Therefore, including a requirement in this proposed AD 
to operate the airplane according to the revised MEL would be redundant 
and unnecessary.

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 retain the incorporation by reference of EASA AD 2022-
0031 in the FAA final rule. This proposed AD would, therefore, require 
compliance with EASA AD 2022-0031 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 2022-0031 
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 2022-0031. Service information required by EASA AD 2022-0031 
for compliance will be available at regulations.gov by searching for 
and locating Docket No. FAA-2022-1235 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 29 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
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-07-10...  1 work-hour x $85 per                 $0             $85          $2,465
                                         hour = $85.
New proposed actions..................  13 work-hours x $85 per                0           1,105          32,045
                                         hour = $1,105.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
optional actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
               Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85........            $795            $880
------------------------------------------------------------------------


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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) 2022-07-10, Amendment 39-21998 
(87 FR 19622, April 5, 2022); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-1235; Project Identifier MCAI-2022-
00475-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 14, 2022.

(b) Affected ADs

    This AD replaces AD 2022-07-10, Amendment 39-21998 (87 FR 19622, 
April 5, 2022) (AD 2022-07-10).

(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 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a report that certain overheat detection 
system (OHDS) sensing elements may not properly detect thermal bleed 
leak events due to a quality escape during the manufacturing 
process, and by a determination that an optional inspection and 
applicable replacements should be required. The FAA is issuing this 
AD to address undetected thermal bleed leak events that might not be 
isolated during flight, possibly resulting in localized areas of the 
wing structure being exposed to high temperatures and consequent 
reduced structural integrity 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, European Union Aviation Safety Agency (EASA) AD 
2022-0031, dated February 25, 2022 (EASA AD 2022-0031).

(h) Exceptions to EASA AD 2022-0031

    (1) Where paragraphs (1) and (4) of EASA AD 2022-0031 refer to 
its effective date, this AD requires using April 20, 2022 (the 
effective date of AD 2022-07-10).
    (2) Where paragraph (2) of EASA AD 2022-0031 refers to its 
effective date, this AD requires using the effective date of this 
AD.
    (3) Where EASA AD 2022-0031 has a definition for ``Affected 
part'' and refers to ``the VSB [vendor service bulletin]'' for the 
part numbers and date codes, for this AD, use Kidde Aerospace & 
Defense Service Bulletin CFD-26-3, dated January 13, 2022, as ``the 
VSB'' for the part numbers and date codes.
    (4) Where EASA AD 2022-0031 has a definition for ``Groups'' and 
identifies certain airplanes as Group 2 airplanes, replace the text, 
``An aeroplane having an MSN [manufacturer serial number] not listed 
in the Section 1.A of the SB is Group 2, provided it is determined 
that no affected part has been installed on any affected position of 
that aeroplane since Airbus date of manufacture'' with ``An 
aeroplane having an MSN not listed in the Section 1.A of Airbus 
Service Bulletin A350-36-P032, dated December 3, 2021, is Group 2, 
provided it is determined that no affected part has been installed 
on any affected position of that aeroplane since Airbus date of 
manufacture.''
    (5) Where paragraph (1) of EASA 2022-0031 specifies 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 
(see 14 CFR 121.628(a)(2) and 14 CFR 121.628(a)(5)).
    (6) Where paragraph (3) of EASA 2022-0031 specifies action if 
``any discrepancy as defined in the SB is detected,'' for this AD a 
discrepancy is when the related electronic centralized aircraft 
monitoring (ECAM) warning is not displayed after a heat gun test is 
done.
    (7) The ``Remarks'' section of EASA AD 2022-0031 does not apply 
to this AD.

(i) No Reporting Requirement and No Return of Parts

    (1) Although the service information referenced in EASA AD 2022-
0031 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.
    (2) Although the service information referenced in EASA AD 2022-
0031 specifies to return certain parts to the manufacturer, this AD 
does not include that requirement.

(j) Additional FAA 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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (k)(2) of this AD. 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.

[[Page 58463]]

    (3) Required for Compliance (RC): Except as required by 
paragraphs (i) and (j)(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.

(k) Additional Information

    (1) For EASA AD 2022-0031, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find this EASA 
AD on the EASA website at 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 regulations.gov by 
searching for and locating Docket No. FAA-2022-1235.
    (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].

(l) 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 
April 20, 2022 (87 FR 19622, April 5, 2022).
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0031, 
dated February 25, 2022.
    (ii) Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated 
January 13, 2022.
    (4) For EASA AD 2022-0031, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (5) For Kidde Aerospace & Defense service information, contact 
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, 
Wilson, NC 27896; telephone: 319-295-5000; website: 
kiddetechnologies.com/aviation.com.
    (6) You may view this service information 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.
    (7) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-20809 Filed 9-26-22; 8:45 am]
BILLING CODE 4910-13-P