[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Rules and Regulations]
[Pages 64375-64378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22720]


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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; 
Amendment 39-22147; AD 2022-17-09]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-16-
03, which applied to certain Airbus SAS Model A350-941 and -1041 
airplanes. AD 2021-16-03 required 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. 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. This AD continues 
to require the actions of AD 2021-16-03 and requires a modification to 
restore two independent layers of lightning strike protection, as 
specified in a European Union Aviation Safety Agency (EASA), which is 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective November 29, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 29, 
2022.

ADDRESSES: For material 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 IBR 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 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.

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:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0011,

[[Page 64376]]

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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-16-03, Amendment 39-21665 (86 FR 
47555, August 26, 2021) (AD 2021-16-03). AD 2021-16-03 applied to 
certain Airbus SAS Model A350-941 and -1041 airplanes. The NPRM 
published in the Federal Register on June 16, 2022 (87 FR 36276). The 
NPRM 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 NPRM proposed to continue to 
require the actions of AD 2021-16-03 and to require a modification to 
restore two independent layers of lightning strike protection, as 
specified in EASA AD 2022-0011.
    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. See the MCAI for 
additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety requires adopting this AD as 
proposed. 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. Accordingly, the FAA is issuing this AD to 
address the unsafe condition on these products.

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 specifies 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.
    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
--------------------------------------------------------------------------------------------------------------------------------------------------------
               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 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
------------------------------------------------------------------------
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 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

    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,

[[Page 64377]]

    (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) 2021-16-03, Amendment 39-21665 
(86 FR 47555, August 26, 2021); and
0
b. Adding the following new AD:

2022-17-09 Airbus SAS: Amendment 39-22147; Docket No. FAA-2022-0678; 
Project Identifier MCAI-2022-00067-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 29, 
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.

(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 September 30, 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 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) 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

    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].

(k) 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.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0011, 
dated January 21, 2022.
    (ii) [Reserved]
    (3) 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.
    (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 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 64378]]


    Issued on August 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-22720 Filed 10-24-22; 8:45 am]
BILLING CODE 4910-13-P