[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72377-72379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25512]



[[Page 72377]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1064; Project Identifier MCAI-2022-00342-T; 
Amendment 39-22224; AD 2022-22-09]
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 adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A350-1041 airplanes. This AD was prompted by a 
report of rejected take-offs after transient engine N1 shaft speed 
exceedance. This AD requires replacing certain hydro-mechanical units 
(HMUs) with serviceable HMUs before reaching a reduced life limit, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. This AD also limits the installation of 
affected parts under certain conditions. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective December 30, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 30, 
2022.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1064; 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:
     For material incorporated by reference in this AD, 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 material 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. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2022-1064.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aerospace Engineer, Large 
Aircraft Section, FAA, International Validation Branch, 2200 South 
216th St., Des Moines, WA 98198; telephone 516-228-7317; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus SAS 
Model A350-1041 airplanes. The NPRM published in the Federal Register 
on August 29, 2022 (87 FR 52705). The NPRM was prompted by AD 2022-
0040, dated March 8, 2022, issued by EASA, which is the Technical Agent 
for the Member States of the European Union (EASA AD 2022-0040) 
(referred to after this as the MCAI). The MCAI states that rejected 
take-offs after transient engine N1 shaft speed exceedance have been 
reported. The MCAI adds that the combining spill valve (CSV) of the 
engine HMU was slow to close due to piston wear. A worn CSV piston does 
not move fully and freely over its operating range, and when it moves 
to the fully closed position, an excess of fuel is sent to the fuel 
nozzles, which eventually results in an N1 transient shaft overspeed. A 
stuck CSV piston could significantly reduce engine thrust, and if 
combined with a loss of the second engine, could possibly result in 
reduced control of the airplane.
    In the NPRM, the FAA proposed to require replacing certain HMUs 
with serviceable HMUs before reaching a reduced life limit, as 
specified in EASA AD 2022-0040. The NPRM also proposed to limit the 
installation of affected parts under certain conditions. The FAA is 
issuing this AD to address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1064.

Discussion of Final Airworthiness Directive

Comments

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

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 
comment 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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0040 specifies procedures for replacing each HMU 
having part number G5020HMU02 with a serviceable HMU before reaching a 
reduced life limit. EASA AD 2022-0040 also limits the installation of 
affected parts under certain conditions. 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. If final 
action is later identified, the FAA might consider further rulemaking 
then.

Costs of Compliance

    The FAA estimates that this AD affects 29 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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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
7 work-hours x $85 per hour = $595...........................            $0 *             $595          $17,255
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* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
  AD.


[[Page 72378]]

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 adding the following new airworthiness 
directive:

2022-22-09 Airbus SAS: Amendment 39-22224; Docket No. FAA-2022-1064; 
Project Identifier MCAI-2022-00342-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 30, 
2022.

(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 2022-0040, dated March 8, 2022 
(EASA AD 2022-0040).

(d) Subject

    Air Transport Association (ATA) of America Code 73, Engine Fuel 
and Control.

(e) Unsafe Condition

    This AD was prompted by a report of rejected take-offs after 
transient engine N1 shaft speed exceedance. The FAA is issuing this 
AD to address a stuck combined spill valve (CSV) piston of the 
engine hydro-mechanical units (HMUs), which could significantly 
reduce engine thrust, and if combined with a loss of the second 
engine, could possibly result 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 2022-0040.

(h) Exceptions to EASA AD 2022-0040

    (1) Where EASA AD 2022-0040 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2022-0040 does not apply 
to this AD.
    (3) Where paragraph (1) of EASA AD 2022-0040 specifies to 
replace ``[b]efore an affected part exceeds the life limit as 
defined in Table 1 of this [EASA] AD,'' this AD requires replacing 
``before an affected part exceeds the life limit specified in Table 
1 of EASA 2022-0040, or within 3 flight cycles after the effective 
date of this AD, whichever occurs later.''
    (4) Where Table 1 of EASA AD 2022-0040 specifies calendar 
timeframes, for this AD replace the text ``31 March 2022 to 29, June 
2023'' with ``the effective date of this AD through June 29, 2023.''

(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 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 referenced 
in EASA AD 2022-0042 contains paragraphs that are labeled as RC, the 
instructions in RC paragraphs, including subparagraphs under an RC 
paragraph, must be done to comply with this AD; any paragraphs, 
including subparagraphs under those paragraphs, that are not 
identified as RC are recommended. The instructions in paragraphs, 
including subparagraphs under those paragraphs, 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 instructions identified as RC can 
be done and the airplane can be put back in an airworthy condition. 
Any substitutions or changes to instructions identified as RC 
require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Dat Le, Aerospace 
Engineer, Large Aircraft Section, FAA, International Validation 
Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 516-
228-7317; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2022-0040, 
dated March 8, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0040, 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.
    (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

[[Page 72379]]

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 October 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-25512 Filed 11-23-22; 8:45 am]
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