[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Rules and Regulations]
[Pages 22367-22370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07740]


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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; 
Amendment 39-22398; AD 2023-06-12]
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) 2021-08-
08, which applied to all Airbus SAS Model A350-941 and -1041 airplanes. 
AD 2021-08-08 required replacing affected bleed duct assemblies and 
bleed gimbals at the wing-to-pylon interface, and prohibited 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 AD continues to require the actions in 
AD 2021-08-08 and, for certain airplanes, requires 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 incorporated by reference. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective May 18, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 18, 
2023.

ADDRESSES: 
    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 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 Street, 
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-2023-0023.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aerospace Engineer, Large 
Aircraft Section, FAA, International Validation

[[Page 22368]]

Branch, 2200 South 216th Street, 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 2021-08-08, Amendment 39-21502 (86 FR 
20453, April 20, 2021) (AD 2021-08-08). AD 2021-08-08 applied to all 
Airbus SAS Model A350-941 and -1041 airplanes. AD 2021-08-08 required 
replacing affected bleed duct assemblies and bleed gimbals at the wing-
to-pylon interface with serviceable parts, and prohibited the 
installation of affected 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.
    The NPRM published in the Federal Register on January 24, 2023 (88 
FR 4114). The NPRM was prompted by AD 2022-0156, dated August 2, 2022, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2022-0156) (also referred to as the MCAI). 
The MCAI states 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. The MCAI adds 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. 
You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0023.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2021-08-08 and, for certain airplanes, requires inspection of the 
bleed gimbals to determine the part number and replacement if 
necessary, as specified in the EASA AD. The FAA is issuing this AD to 
address the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received one comment from 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, 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

    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.

Costs of Compliance

    The FAA estimates that this AD affects 31 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 on U.S.
             Action                  Labor cost            Parts cost         Cost per product       operators
----------------------------------------------------------------------------------------------------------------
Retained actions (Group 1        Up to 25 work-      Up to $48,800........  Up to $50,925.......            * $0
 airplanes in the MCAI).          hours x $85 per
                                  hour = $2,125.
New actions (Group 2 airplanes   2 work-hours x $85  $0...................  $170................           5,270
 in the MCAI).                    per 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:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                Parts cost       Cost per product
------------------------------------------------------------------------
Up to 25 work-hours x $85 per    Up to $48,800....  Up to $50,925.
 hour = $2,125.
------------------------------------------------------------------------

    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

[[Page 22369]]

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 2021-08-08, Amendment 39-21502 (86 
FR 20453, April 20, 2021); and
0
b. Adding the following new Airworthiness Directive:

2023-06-12 Airbus SAS: Amendment 39-22398; Docket No. FAA-2023-0023; 
Project Identifier MCAI-2022-01030-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 18, 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 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 Street, Des Moines, WA 98198; telephone 
516-228-7317; email [email protected].

[[Page 22370]]

(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 2022-0156, 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 
Street, 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 21, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07740 Filed 4-12-23; 8:45 am]
BILLING CODE 4910-13-P