[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20730-20732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07095]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1643; Project Identifier MCAI-2022-00799-T; 
Amendment 39-22376; AD 2023-05-07]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-21-
07, which applied to all Airbus SAS Model A350-941 and -1041 airplanes. 
AD 2020-21-07 required replacement of affected passenger oxygen masks 
(which includes re-identifying the parts). This AD was prompted by a 
determination that additional parts are subject to the unsafe 
condition. This AD continues to require the actions in AD 2020-21-07, 
and also requires replacing additional affected parts; as specified in 
a European Union Aviation Safety Agency (EASA) AD, which is 
incorporated by reference. This AD also prohibits installation of 
affected parts. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective May 12, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 12, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1643; 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-2022-1643.

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 2020-21-07, Amendment 39-21280 (85 FR 
64949, October 14, 2020) (AD 2020-21-07). AD 2020-21-07 applied to all 
Airbus SAS Model A350-941 and -1041 airplanes. AD 2020-21-07 required 
replacement of affected passenger oxygen masks (which includes re-
identifying the parts). The FAA issued AD 2020-21-07 to address 
sticking of the breathing bag on certain passenger oxygen masks, which 
could prevent the breathing bag from fully inflating, and possibly 
injure cabin occupants following a depressurization event.
    The NPRM published in the Federal Register on December 22, 2022 (87 
FR 78612). The NPRM was prompted by AD 2022-0112, dated June 17, 2022, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2022-0112) (referred to after this as the 
MCAI). The MCAI states that additional affected parts (emergency 
passenger oxygen container assembly having serial number BEHJ-XXXX) 
have been identified as being subject to the same unsafe condition.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1643.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2020-21-07 and to require replacing additional affected parts, as 
specified in EASA AD 2022-0112. The NPRM also proposed to prohibit the 
installation of affected parts. The FAA is issuing this AD to address 
sticking of the breathing bag on certain passenger oxygen masks, which 
could prevent the breathing bag from fully inflating, and possibly 
injure cabin occupants following a depressurization event.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Additional Changes Made to This Final Rule

    Since the NPRM was published, the FAA received a parts cost 
estimate for the passenger oxygen masks. The FAA has revised the Costs 
of Compliance section of this final rule to include this parts cost.

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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0112 specifies procedures for replacing the affected 
passenger oxygen masks (those passenger oxygen masks contained in each 
affected emergency passenger oxygen container assembly), and re-
identifying each affected part. EASA AD

[[Page 20731]]

2022-0112 also prohibits the installation of affected parts.
    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.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2020-21-   6 work-hours x $85     Up to $4,250 (per              $4,760         $61,880
 07 (13 airplanes).                  per hour = $510.       mask assembly).
New actions.......................  6 work-hours x $85     Up to $4,250 (per               4,760         142,800
                                     per hour = $510.       mask assembly).
----------------------------------------------------------------------------------------------------------------

    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

    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 (AD) 2020-21-07, Amendment 39-21280 
(85 FR 64949, October 14, 2020); and
0
b. Adding the following new AD:

2023-05-07 Airbus SAS: Amendment 39-22376; Docket No. FAA-2022-1643; 
Project Identifier MCAI-2022-00799-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 12, 2023.

(b) Affected ADs

    This AD replaces AD 2020-21-07, Amendment 39-21280 (85 FR 64949, 
October 14, 2020) (AD 2020-21-07).

(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 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by a report that sticking effects have been 
observed affecting the breathing bag on certain passenger oxygen 
masks, and by a determination that additional parts are subject to 
the unsafe condition. The FAA is issuing this AD to address sticking 
of the breathing bag on certain passenger oxygen masks. The unsafe 
condition, if not addressed, could prevent the breathing bag from 
fully inflating, and possibly injure cabin occupants following a 
depressurization event.

(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 
2022-0112, dated June 17, 2022 (EASA AD 2022-0112).

(h) Exceptions to EASA AD 2022-0112

    (1) Where EASA AD 2022-0112 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2022-0112 does not apply 
to this AD.
    (3) Where EASA AD 2022-0112 specifies to do the replacement and 
re-identification specified in Airbus Service Bulletin A350-35-P013, 
Revision 02, dated March 8, 2022, which specifies to inspect for the 
part number and serial number and then do a replacement; this AD 
only requires the replacement and re-identification.
    (4) Where service information identified in EASA AD 2022-0112 
specifies to do an inspection for the date of manufacture of the 
affected part, this AD does not require that inspection.
    (5) Where Table 3 of EASA AD 2022-0112 specifies a compliance 
time for airplanes on which ``the SB'' has not been embodied, for 
this AD the compliance time for those airplanes is ``before 
exceeding 72 months since airplane date of manufacture or within 30 
days after the effective date of this AD, whichever occurs later.''

(i) Additional AD Provisions

    The following provisions also apply to this AD:

[[Page 20732]]

    (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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (j) 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 (i)(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.

(j) 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].

(k) 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 2022-0112, 
dated June 17, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0112, 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 March 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07095 Filed 4-6-23; 8:45 am]
BILLING CODE 4910-13-P