[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Rules and Regulations]
[Pages 75459-75462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26598]
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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;
Amendment 39-22273; AD 2022-25-17]
RIN 2120-AA64
Airworthiness Directives; AIRBUS
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-07-
10, which applied to all Airbus SAS Model A350-941 and -1041 airplanes.
AD 2022-07-10 required revising the operator's existing FAA-approved
minimum equipment list (MEL) to include dispatch restrictions. AD 2022-
07-10 allowed 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 prohibited the
installation of affected parts. This AD was prompted by a determination
that the optional inspection and applicable replacements should be
required. This AD continues to require the actions in AD 2022-07-10,
and mandates the inspection of affected parts and applicable
replacements, as specified in a
[[Page 75460]]
European Union Aviation Safety Agency (EASA) AD, which was incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective January 13, 2023.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 20,
2022 (87 FR 19622, April 5, 2022).
ADDRESSES:
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 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 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]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
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. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-1235.
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 to supersede AD 2022-07-10, Amendment 39-21998 (87 FR
19622, April 5, 2022) (AD 2022-07-10). AD 2022-07-10 applied to all
Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-07-10 required
revising the operator's existing FAA-approved MEL to include dispatch
restrictions. AD 2022-07-10 allowed 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 prohibited 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 structure being exposed to high temperatures and consequent
reduced structural integrity of the airplane.
The NPRM published in the Federal Register on September 27, 2022
(87 FR 58460). The NPRM was prompted by AD 2022-0031, dated February
25, 2022, issued by EASA, which is the Technical Agent for the Member
States of the European Union (EASA AD 2022-0031) (referred to after
this as the MCAI). The MCAI states that certain overheat detection
system sensing (OHDS) elements may not properly detect thermal bleed
leak events due to a quality escape during the manufacturing process.
This condition, if not addressed, could lead to 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.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2022-07-10, and mandate the inspection of affected parts and
applicable replacements, as specified in EASA AD 2022-0031. The NPRM
also proposed to prohibit the installation of affected parts.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1235.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from the Air Line Pilots Association,
International (ALPA) and two individual commenters 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
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. This AD is adopted as proposed in
the NPRM.
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 ADDRESSES.
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.
Action Labor cost Parts cost product operators
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Retained actions from AD 2022-07-10... 1 work-hour x $85 per $0 $85 $2,465
hour = $85.
New actions........................... 13 work-hours x $85 per 0 1,105 32,045
hour = $1,105.
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[[Page 75461]]
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
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Cost per
Labor cost Parts cost product
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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 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 has determined that 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 2022-07-10, Amendment 39-21998 (87
FR 19622, April 5, 2022); and
0
b. Adding the following new airworthiness directive:
2022-25-17 Airbus SAS: Amendment 39-22273; Docket No. FAA-2022-1235;
Project Identifier MCAI-2022-00475-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 13, 2023.
(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 AD 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 AD 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) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0031.
[[Page 75462]]
(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 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) 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.
(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
For more information about this AD, contact Dat Le, Aerospace
Engineer, FAA, International Validation Branch, 2200 South 216th
St., Des Moines, WA 98198; telephone 516-228-7317; 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 the 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 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 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: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on December 1, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26598 Filed 12-8-22; 8:45 am]
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