[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Rules and Regulations]
[Pages 10017-10020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03178]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1407; Project Identifier MCAI-2022-01043-T; 
Amendment 39-22321; AD 2023-02-14]
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 all 
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by 
reports of potential foreign object debris (FOD) contamination of the 
thermal relief valve (TRV). This AD requires replacement of affected 
auxiliary power unit (APU) low-pressure (LP) shut-off valves (SOVs), an 
inspection to detect

[[Page 10018]]

fuel leaks of affected engine LP SOVs and APU isolation shut-off valves 
(ISOVs), and applicable corrective actions, and prohibits installation 
of affected parts, 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.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1407; 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-2022-1407.

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 all Airbus SAS Model 
A350-941 and -1041 airplanes. The NPRM published in the Federal 
Register on November 4, 2022 (87 FR 66623). The NPRM was prompted by AD 
2022-0157, dated August 4, 2022, issued by EASA, which is the Technical 
Agent for the Member States of the European Union (EASA AD 2022-0157) 
(also referred to as the MCAI). The MCAI states that reports have been 
received from the manufacturer of the APU, the engine LP SOV, and the 
APU ISOV of potential FOD contamination of the TRV, which was generated 
by a quality escape during the manufacturing assembly process. Results 
of the technical investigation determined that FOD in the TRV may lead 
to a fuel leakage through the valve. This condition, if not detected 
and corrected, could, in case of an APU or engine fire, contribute to 
an uncontrolled fire, possibly resulting in loss of control of the 
airplane.
    In the NPRM, the FAA proposed to require replacement of affected 
APU LP SOVs, an inspection to detect fuel leaks of affected engine LP 
SOVs and APU ISOVs, and applicable corrective actions, as specified in 
EASA AD 2022-0157. The NPRM also proposed to prohibit installation of 
affected parts. The FAA is issuing this AD to address potential FOD 
contamination, which could lead to a fuel leak. The unsafe condition, 
if not addressed, could result in an APU or engine fire and contribute 
to an uncontrolled fire, possibly resulting in loss of control of the 
airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1407.

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 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 2022-0157, which specifies procedures for 
replacement of affected APU LP SOVs with serviceable parts, a special 
detailed inspection of affected engine LP SOVs and APU ISOVs for 
discrepancies (leaks), and replacement of discrepant engine LP SOVs and 
APU ISOVs with serviceable parts. EASA AD 2022-0157 also prohibits 
installation of an affected APU LP SOV, engine LP SOV, or APU ISOV. 
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 69 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
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Up to 15 work-hours x $85 per hour = $585....................              $0             $585          $40,365
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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 agency has no way of determining the number of 
aircraft that might need on-condition actions:

[[Page 10019]]



                 Estimated Costs of On-Condition Actions
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                                                             Cost per
            Labor cost                   Parts cost           product
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Up to 7 work-hours x $85 per hour   Up to $18,000.......         $18,595
 = $595.
------------------------------------------------------------------------

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:

2023-02-14 Airbus SAS: Amendment 39-22321; Docket No. FAA-2022-1407; 
Project Identifier MCAI-2022-01043-T.

(a) Effective Date

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

(b) Affected ADs

    None.

(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 28, Fuel System.

(e) Unsafe Condition

    This AD was prompted by reports of potential foreign object 
debris (FOD) contamination of the thermal relief valve (TRV). The 
FAA is issuing this AD to address potential FOD contamination, which 
could lead to a fuel leak. The unsafe condition, if not addressed, 
could result in an auxiliary power unit (APU) or engine fire and 
contribute to an uncontrolled fire, possibly resulting in loss of 
control 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 
2022-0157, dated August 4, 2022 (EASA AD 2022-0157).

(h) Exceptions to EASA AD 2022-0157

    (1) Where EASA AD 2022-0157 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (3) of EASA AD 2022-0157 specifies ``any 
discrepancy'' this AD defines discrepancy as leaks of the APU, the 
engine low-pressure (LP) shut-off valve (SOV), and the APU isolation 
shut-off valve (ISOV).
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0157.
    (4) Where the service information referenced in EASA AD 2022-
0157 specifies to scrap certain parts, send those parts to the 
manufacturer, or check spares, this AD does not include that 
requirement.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0157 
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, 
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. 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.
    (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

[[Page 10020]]

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 the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0157, 
dated August 4, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0157, 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 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 27, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-03178 Filed 2-15-23; 8:45 am]
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