[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Proposed Rules]
[Pages 4114-4117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01166]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0023; Project Identifier MCAI-2022-01030-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)
2021-08-08, which applies to all Airbus SAS Model A350-941 and -1041
airplanes. AD 2021-08-08 requires replacing affected bleed duct
assemblies and bleed gimbals at the wing-to-pylon interface, and
prohibits the installation of affected parts. This AD was prompted by a
report of a welding quality issue in the gimbal joint of the air bleed
duct at each wing-to-pylon interface and the consequent deformation of
the gimbal inner ring, and by new findings that affected bleed gimbals
were found on certain airplanes that did not have any maintenance
record of affected part replacement. This proposed AD would continue to
require the actions in AD 2021-08-08 and, for certain airplanes, would
require inspection of the bleed gimbals to determine the part number
and replacement if necessary, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation 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 March 10,
2023.
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-2023-0023; 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 material that will be incorporated by reference (IBR)
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 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.
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:
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-2023-0023; Project Identifier
MCAI-2022-01030-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 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]. Any commentary that the
FAA receives which is not specifically designated as CBI will be
[[Page 4115]]
placed in the public docket for this rulemaking.
Background
The FAA issued AD 2021-08-08, Amendment 39-21502 (86 FR 20453,
April 20, 2021) (AD 2021-08-08), for all Airbus SAS Model A350-941 and
-1041 airplanes. AD 2021-08-08 was prompted by MCAI originated by EASA,
which is the Technical Agent for the Member States of the European
Union. EASA issued EASA AD 2020-0169R1, dated August 19, 2020 (EASA AD
2020-0169R1), to correct an unsafe condition.
AD 2021-08-08 requires replacing affected bleed duct assemblies and
bleed gimbals at the wing-to-pylon interface with serviceable parts.
The FAA issued AD 2021-08-08 to address a welding quality issue in the
gimbal joint of the air bleed duct located at each wing-to-pylon
interface; the inner ring of a gimbal had deformed to an oval shape,
which could cause cracking by direct contact between metal parts, and
could lead to hot bleed air leakage in the pylon area, and possibly
result in loss of the pneumatic system and exposure of the wing
structure to high temperatures, and lead to reduced structural
integrity of the airplane.
Actions Since AD 2021-08-08 Was Issued
Since the FAA issued AD 2021-08-08, EASA superseded EASA AD 2020-
0169R1 and issued EASA AD 2022-0156, dated August 2, 2022 (EASA AD
2022-0156) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS Model A350-941 and -1041 airplanes. Since
EASA AD 2020-0169R1 was issued, affected bleed gimbals at the wing-to-
pylon interface have been found installed on certain airplanes without
having any maintenance record of affected part replacement.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0023.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2021-08-08, this proposed AD would retain all of the
requirements of AD 2021-08-08. Those requirements are referenced in
EASA AD 2022-0156, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0156 specifies procedures, for certain airplanes, for
replacing affected bleed duct assemblies and bleed gimbals at the wing-
to-pylon interface with serviceable parts, and, for certain other
airplanes, inspecting each bleed gimbal at the wing-to-pylon interface
to determine if it is an affected part and replacing affected parts.
EASA AD 2022-0156 also prohibits the installation of an affected part
on any airplane. 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
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 require accomplishing the actions specified
in EASA AD 2022-0156 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
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 incorporate EASA AD 2022-0156 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0156 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 2022-0156 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-
0156. Service information required by EASA AD 2022-0156 for compliance
will be available at regulations.gov under Docket No. FAA-2023-0023
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 31 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 on U.S.
Action Labor cost Parts cost Cost per product operators
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Retained actions (Group 1 Up to 25 work-hours x Up to $48,800..... Up to $50,925..... * $0
airplanes in the MCAI). $85 per hour = $2,125.
New proposed actions (Group 2 2 work-hours x $85 per 0................. 170............... 5,270
airplanes in the MCAI). hour = $170.
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\*\ The retained replacement from AD 2021-08-08 applies to Group 1 airplanes specified in the MCAI. There are no
affected U.S.-registered airplanes in Group 1.
The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:
[[Page 4116]]
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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Up to 25 work-hours x $85 per Up to $48,800..... Up to $50,925.
hour = $2,125.
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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) 2021-08-08, Amendment 39-21502
(86 FR 20453, April 20, 2021); and
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2023-0023; Project Identifier MCAI-2022-
01030-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 10, 2023.
(b) Affected ADs
This AD replaces AD 2021-08-08, Amendment 39-21502 (86 FR 20453,
April 20, 2021) (AD 2021-08-08).
(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 a welding quality issue
has been identified in the gimbal joint of the air bleed duct
located at each wing-to-pylon interface; the inner ring of a gimbal
had deformed to an oval shape, which could lead to cracking caused
by direct contact between metal parts, and by new findings that
affected bleed gimbals were found on certain airplanes that did not
have any maintenance record of affected part replacement. The unsafe
condition, if not addressed, could result in hot bleed air leakage
in the pylon area, and possibly result in loss of the pneumatic
system and exposure of the wing structure to high temperatures, and
lead to 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 paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0156, dated August 2, 2022 (EASA AD 2022-0156).
(h) Exceptions to EASA AD 2022-0156
(1) Where EASA AD 2022-0156 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (6) of EASA AD 2022-0156 refers to August
26, 2020 (the effective date of EASA AD 2020-0169R1), this AD
requires using May 25, 2021 (the effective date of AD 2021-08-08).
(3) Where the definition of ``Groups'' in EASA AD 2022-0156
specifies Group 1 airplanes are those manufacturer serial numbers
(MSN) listed in certain service information, replace the text
``Airbus Service Bulletin (SB) A350-36-P021 and SB A350-36-P022''
with ``Airbus Service Bulletin A350-36-P021, dated January 17, 2020;
and Airbus Service Bulletin A350-36-P022, dated January 17, 2020.''
(4) Where the definition of ``Groups'' in EASA AD 2022-0156
specifies Group 2 airplanes are those MSN listed in certain service
information, replace the text ``Airbus SB A350-36-P029'' with
``Airbus Service Bulletin A350-36-P029, Revision 01, dated February
3, 2022.''
(5) This AD does not adopt the Remarks paragraph of EASA AD
2022-0156.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2022-0156
specifies to submit certain information 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 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
[[Page 4117]]
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
paragraph (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, 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 (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 2022-0156,
dated August 2, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0256, 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 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.
(5) 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 January 18, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-01166 Filed 1-23-23; 8:45 am]
BILLING CODE 4910-13-P