[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Rules and Regulations]
[Pages 77500-77502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27402]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1167; Project Identifier MCAI-2022-00461-T; 
Amendment 39-22278; AD 2022-25-22]
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 A350-941 and -1041 airplanes. This AD was 
prompted by reports indicating that protective caps were found on 
engine fire extinguishing pipes in the engine core zone (Zone 2) after 
airplane delivery. This AD requires a one-time inspection of the engine 
fire extinguishing pipes for the presence of protective caps and 
removal of any protective caps found, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective January 23, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 23, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1167; 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-2022-1167.

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 A350-941 and -1041 airplanes. The NPRM published in the Federal 
Register on September 20, 2022 (87 FR 57427). The NPRM was prompted by 
AD 2022-0065, dated April 7, 2022, issued by EASA (EASA AD 2022-0065), 
which is the Technical Agent for the Member States of the European 
Union (referred to after this as the MCAI). The MCAI states the 
possibility that protective caps are present on engine fire 
extinguishing pipes. This condition, if not addressed, could prevent 
the extinguishment of an engine fire.
    In the NPRM, the FAA proposed to require a one-time inspection of 
the engine fire extinguishing pipes for the presence of protective caps 
and removal of any protective caps found, as specified in EASA AD 2022-
0065. The FAA is issuing this AD to address the possibility that 
protective caps are present on engine fire extinguishing pipes. This 
condition, if not addressed, could prevent the extinguishment of an 
engine fire.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1167.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.
    The FAA received an additional comment from Delta Air Lines (DAL). 
The following presents the comment received on the NPRM and the FAA's 
response.

Request To Remove Paragraph (h)(3) or Allow Later Approved Revisions of 
Service Information

    DAL requested that paragraph (h)(3) of the proposed AD be removed 
or that the FAA allow use of any later approved revisions of Rolls-
Royce Alert Non-Modification Service Bulletin TRENT XWB 26-AK834, dated 
March 9, 2022; or Rolls-Royce Alert Non-Modification Service Bulletin 
TRENT XWB 26-AK835, dated March 10, 2022. DAL stated that a revision to 
either of these documents could change the applicability of the EASA AD 
and that the MCAI allows for later approved revisions of the service 
information.
    The FAA does not agree with the requested change. Although later 
approved documents are allowed for certain requirements in EASA AD 
2022-0065, the FAA requires AD applicability to be fixed, and therefore 
requires specific revision levels to identify affected engines, as 
stated in paragraph (h)(3) of this AD. The FAA has made no changes to 
this AD in this regard.

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 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, and any other changes described 
previously, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator.

[[Page 77501]]

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0065 specifies procedures for a one-time special 
detailed (borescope) inspection of the engine fire extinguishing pipes 
in Zone 2 and removal of any protective caps found. If any protective 
cap is found, the lower gas generator fairing is removed and 
reinstalled, which includes the application of OMat 872 (a cold cure 
silicone compound).
    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 30 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85           $2,550
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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
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255....              $0           * $255
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* Up to an additional 48 hours to cure the OMat 872 (cold cure silicone
  compound) may be required.

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:

2022-25-22 Airbus SAS: Amendment 39-22278; Docket No. FAA-2022-1167; 
Project Identifier MCAI-2022-00461-T

(a) Effective Date

    This airworthiness directive (AD) is effective January 23, 2023.

(b) Affected ADs

    None.

(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 2022-0065, dated April 7, 
2022 (EASA AD 2022-0065).

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection.

(e) Unsafe Condition

    This AD was prompted by reports indicating that protective caps 
were found on engine fire extinguishing pipes in the engine core 
zone (Zone 2) after airplane delivery. The FAA is issuing this AD to 
address the possibility that protective caps are present on engine 
fire extinguishing pipes. This condition, if not addressed, could 
prevent the extinguishment of an engine fire.

(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 2022-0065.

(h) Exceptions to EASA AD 2022-0065

    (1) Where EASA AD 2022-0065 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2022-0065 does not apply 
to this AD.
    (3) Where EASA AD 2022-0065 defines an affected engine, replace 
the text ``as listed in Appendix 1 of the Rolls-Royce NMSB, as 
applicable'' with ``as listed in Appendix 1 of

[[Page 77502]]

Rolls-Royce Alert Non-Modification Service Bulletin TRENT XWB 26-
AK834, dated March 9, 2022; or Rolls-Royce Alert Non-Modification 
Service Bulletin TRENT XWB 26-AK835, dated March 10, 2022; as 
applicable.''

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0065 
specifies to submit certain information 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, 
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 (k) 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 (j)(2) of this AD, if any service information referenced 
in EASA AD 2022-0065 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.

(k) 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].

(l) 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 2022-0065, 
dated April 7, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0065, 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 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 5, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-27402 Filed 12-16-22; 8:45 am]
BILLING CODE 4910-13-P