[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Rules and Regulations]
[Pages 10020-10022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03176]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1408; Project Identifier MCAI-2022-00857-T; 
Amendment 39-22325; AD 2023-02-18]
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 superseding Airworthiness Directive (AD) 2022-09-
03, which applied to certain Airbus SAS Model A350-941 and -1041 
airplanes. AD 2022-09-03 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. This AD was prompted by a 
determination that new or more restrictive airworthiness limitations 
are necessary. This AD continues to require the actions in AD 2022-09-
03 and requires revising the existing maintenance or inspection 
program, as applicable, to incorporate additional new or more 
restrictive airworthiness limitations, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference 
(IBR). The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective March 23, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 23, 
2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of June 
16, 2022 (87 FR 29030, May 12, 2022).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1408; 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 identified in this final rule, 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 at regulations.gov under 
Docket No. FAA-2022-1408.

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 2022-09-03, Amendment 39-22023 (87 FR 
29030, May 12, 2022) (AD 2022-09-03). AD 2022-09-03 applied to certain 
Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-09-03 required 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. The 
FAA issued AD 2022-09-03 to address the potential failure of certain 
life-limited parts, which could result in reduced structural integrity 
of the airplane.
    The NPRM published in the Federal Register on November 9, 2022 (87 
FR 67575). The NPRM was prompted by AD 2022-0124, dated June 28, 2022, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2022-0124) (referred to after this as the 
MCAI). EASA AD 2022-0124 superseded EASA AD 2021-0206 (which 
corresponds to FAA AD 2022-09-03). The MCAI states that new or more 
restrictive airworthiness limitations have been developed.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2022-09-03. The NPRM also proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate 
additional new or more restrictive airworthiness limitations, as 
specified in EASA AD 2022-0124. The FAA is issuing this AD to address 
the potential failure of certain life-limited parts, which could result 
in reduced structural integrity of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1408.

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

    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

[[Page 10021]]

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

    The FAA reviewed EASA AD 2022-0124, which specifies new or more 
restrictive airworthiness limitations for airplane structures and safe 
life limits.
    This AD also requires EASA AD 2021-0206, dated September 15, 2021, 
which the Director of the Federal Register approved for incorporation 
by reference as of June 16, 2022 (87 FR 29030, May 12, 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 30 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2022-09-03 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate.
    The FAA estimates the total cost per operator for the new actions 
to be $7,650 (90 work-hours x $85 per work-hour).

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 2022-09-03, Amendment 39-22023 (87 
FR 29030, May 12, 2022); and
0
b. Adding the following new airworthiness directive:

2023-02-18 Airbus SAS: Amendment 39-22325; Docket No. FAA-2022-1408; 
Project Identifier MCAI-2022-00857-T.

(a) Effective Date

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

(b) Affected ADs

    This AD replaces AD 2022-09-03, Amendment 39-22023 (87 FR 29030, 
May 12, 2022) (AD 2022-09-03).

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before May 2, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address the potential failure of certain life-
limited parts, which could result in reduced structural integrity of 
the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD 
2022-09-03, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before June 30, 2021: 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 2021-0206, dated September 
15, 2021 (EASA AD 2021-0206). Accomplishing the revision of the 
existing maintenance or inspection program required by paragraph (j) 
of this AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2021-0206, With No Changes

    This paragraph restates the requirements of paragraph (k) of AD 
2022-09-03, with no changes.
    (1) Where EASA AD 2021-0206 refers to its effective date, this 
AD requires using June 16, 2022 (the effective date of AD 2022-09-
03).
    (2) The requirement specified in paragraph (1) of EASA AD 2021-
0206 does not apply to this AD.
    (3) Paragraph (2) of EASA AD 2021-0206 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, within 90 days after June 16, 2022 (the effective 
date of AD 2022-09-03).
    (4) The initial compliance time for doing the tasks specified in 
paragraph (2) of EASA AD 2021-0206 is at the applicable 
``limitations'' as incorporated by the requirements of paragraph (2) 
of EASA AD 2021-0206, or within 90 days after June 16, 2022 (the 
effective date of AD 2022-09-03), whichever occurs later.
    (5) The provisions specified in paragraphs (3) and (4) of EASA 
AD 2021-0206 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0206 does not apply 
to this AD.

(i) Retained Restrictions on Alternative Actions and Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (l) of AD 
2022-09-03, with a new exception. Except as required by paragraph

[[Page 10022]]

(j) of this AD, after the revision of the existing maintenance or 
inspection program has been accomplished as required by paragraph 
(g) of this AD, no alternative actions (e.g., inspections) and 
intervals are allowed unless they are approved as specified in the 
provisions of the ``Ref. Publications'' section of EASA AD 2021-
0206.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2022-0124, dated June 28, 2022 (EASA AD 
2022-0124). Accomplishing the revision of the existing maintenance 
or inspection program required by this paragraph terminates the 
requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2022-0124

    (1) The requirement specified in paragraph (1) of EASA AD 2022-
0124 does not apply to this AD.
    (2) Paragraph (2) of EASA AD 2022-0124 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for complying with the 
limitations specified in paragraph (2) of EASA AD 2022-0124 is at 
the applicable ``limitations'' as incorporated by the requirements 
of paragraph (2) of EASA AD 2022-0124, or within 90 days after the 
effective date of this AD, whichever occurs later.
    (4) The provisions specified in paragraphs (3) and (4) of EASA 
AD 2022-0124 do not apply to this AD.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0124.

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (j) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2022-0124.

(m) 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 (n) 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, 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.

(n) 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].

(o) 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 
March 23, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0124, 
dated June 28, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
June 16, 2022 (87 FR 29030, May 12, 2022).
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0206, 
dated September 15, 2021.
    (ii) [Reserved]
    (5) For EASA ADs 2021-0206 and 2022-0124, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email [email protected]; website easa.europa.eu. You may find these 
EASA ADs on the EASA website at ad.easa.europa.eu.
    (6) 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.
    (7) 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 30, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-03176 Filed 2-15-23; 8:45 am]
BILLING CODE 4910-13-P