[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Proposed Rules]
[Pages 30914-30917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10109]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1038; Project Identifier MCAI-2022-01584-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2022-17-09, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2022-17-09 continues to require the actions of AD 
2021-16-03 and requires a modification to restore two independent 
layers of lightning strike protection. Since the FAA issued AD 2022-17-
09, a determination was made that additional airplanes need to perform 
a modification to restore the two independent layers of lightning 
strike protection on the wing lower or upper cover. This proposed AD 
would continue to require the actions in AD 2022-17-09 and would 
require restoring the two independent layers of lightning strike 
protection, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is proposed for incorporation by reference (IBR). 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 June 29, 
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-2023-1038; 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 the EASA AD identified in this NPRM, you may 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. It is also 
available at regulations.gov under Docket No. FAA-2023-1038.
     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-2023-1038; Project Identifier 
MCAI-2022-01584-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

[[Page 30915]]

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 placed in the public docket 
for this rulemaking.

Background

    The FAA issued AD 2022-17-09, Amendment 39-22147 (87 FR 64375, 
October 25, 2022) (AD 2022-17-09), for certain Airbus SAS Model A350-
941 and -1041 airplanes. AD 2022-17-09 was prompted by an MCAI 
originated by EASA, which is the Technical Agent for the Member States 
of the European Union. EASA issued AD 2022-0011, dated 21 January 2022, 
to correct an unsafe condition.
    AD 2022-17-09 continues to require the actions of AD 2021-16-03, 
Amendment 39-21665 (86 FR 47555, August 26, 2021) (an inspection for 
missing or incorrect application of the lightning strike edge glow 
sealant protection at certain locations in the wing tanks, and 
corrective action) and requires a modification to restore two 
independent layers of lightning strike protection. The FAA issued AD 
2022-17-09 to address missing or incorrectly applied sealant, which in 
combination with an undetected incorrect installation of an adjacent 
fastener and a lightning strike in the immediate area, could result in 
ignition of the fuel-air mixture inside the affected fuel tanks and 
loss of the airplane.

Actions Since AD 2022-17-09 Was Issued

    Since the FAA issued AD 2022-17-09, EASA superseded AD 2022-0011, 
dated 21 January 2022, and issued AD 2022-0250, dated December 14, 
2022, (EASA AD 2022-0250) (also referred to as the MCAI), to correct an 
unsafe condition for certain Airbus SAS Model A350-941 and -1041 
airplanes. The MCAI states that occurrences have been reported from the 
A350 production line of missing or incorrect application of the 
lightning strike edge glow sealant protection at specific locations on 
the wing tanks. This sealant provides the second layer or protection to 
prevent stringer edge glow in case of lightning strike. This condition, 
if not addressed, combined with a pre-existing undetected incorrect 
installation of an adjacent fastener, could create an ignition source 
for the fuel vapor inside the tanks, which, in case of a lightning 
strike of high intensity in the immediate area, could result in 
ignition of the fuel-air mixture in the affected fuel tank and 
consequent loss of the airplane.
    The FAA is proposing this AD to address the unsafe condition on 
these products. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2023-1038.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2022-17-09, this proposed AD would retain all of the 
requirements of AD 2022-17-09. Those requirements are referenced in 
EASA AD 2022-0250, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0250 specifies procedures for an inspection for 
missing or incorrect application of the lightning strike edge glow 
sealant protection at certain locations in the wing tanks 
(discrepancies), and corrective action. Corrective actions include 
applying sealant in areas where sealant was found to be missing or 
incorrectly applied. EASA AD 2022-0250 also specifies procedures for a 
modification to restore two independent layers of lightning strike 
protection on the wing lower or upper cover. 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 retain all requirements of AD 2022-17-09. 
This proposed AD would require accomplishing the actions specified in 
EASA AD 2022-0250 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 2022-0250 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0250 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 2022-0250 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-
0250. Service information required by EASA AD 2022-0250 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-1038 
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:

[[Page 30916]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-17- Up to 122 work-     Up to $500........  Up to $10,870.....  Up to $336,970.
 09.                               hours x $85 per
                                   hour = $10,370.
New proposed actions              Up to 103 work-     $500..............  Up to $9,255......  Up to $286,905.
 (modification).                   hours x $85 per
                                   hour = $8,775.
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......              $0              $85
------------------------------------------------------------------------

    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) AD 2022-17-09, Amendment 39-
22147 (87 FR 64375, October 25, 2022); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-1038; Project Identifier MCAI-2022-
01584-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 29, 2023.

(b) Affected ADs

    This AD replaces AD 2022-17-09, Amendment 39-22147 (87 FR 64375, 
October 25, 2022) (AD 2022-17-09).

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2022-0250, dated December 14, 
2022 (EASA AD 2022-0250).

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of the incorrect application of 
lightning strike edge glow sealant protection at specific locations 
on the wing tanks, and a determination that additional airplanes 
need to perform a modification to restore two independent layers of 
lightning strike protection on the wing lower or upper cover. The 
FAA is issuing this AD to address missing or incorrectly applied 
sealant, which in combination with an undetected incorrect 
installation of an adjacent fastener and a lightning strike in the 
immediate area, could result in ignition of the fuel-air mixture 
inside the affected fuel tanks and loss of the airplane.

(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, EASA AD 2022-0250.

(h) Exceptions to EASA AD 2022-0250

    (1) Where EASA AD 2022-0250 refers to October 27, 2020 (the 
effective date of EASA AD 2020-0220), this AD requires using 
September 30, 2021 (the effective date of AD

[[Page 30917]]

2021-16-03, Amendment 39-21665 (86 FR 47555, August 26, 2021)).
    (2) Where EASA AD 2022-0250 refers to February 4, 2022 (the 
effective date of EASA AD 2022-0011), this AD requires using 
November 29, 2022 (the effective date of AD 2022-17-09).
    (3) Where EASA AD 2022-0250 refers to its effective date, this 
AD requires using the effective date of this AD.
    (4) Where paragraph (1) of EASA AD 2022-0250 gives a compliance 
time of ``the next scheduled maintenance tank entry, or before 
exceeding 78 months since Airbus date of manufacture, whichever 
occurs first after 27 October 2020 [the effective date of EASA AD 
2020-0220],'' for this AD, the compliance time is the later of the 
times specified in paragraphs (h)(4)(i) and (ii) of this AD.
    (i) The next scheduled maintenance tank entry, or before 
exceeding 78 months since Airbus date of manufacture, whichever 
occurs first after September 30, 2021 (the effective date of AD 
2021-16-03).
    (ii) Within 12 months after September 30, 2021 (the effective 
date of AD 2021-16-03).
    (5) Where paragraph (3) of EASA AD 2022-0250 gives a compliance 
time of ``the next scheduled maintenance tank entry, or before 
exceeding 78 months since Airbus date of manufacture, whichever 
occurs first after 04 February 2022 [the effective date of EASA AD 
2022-0011],'' for this AD, the compliance time is the later of the 
times specified in paragraphs (h)(5)(i) and (ii) of this AD.
    (i) The next scheduled maintenance tank entry, or before 
exceeding 78 months since Airbus date of manufacture, whichever 
occurs first after November 29, 2022 (the effective date of AD 2022-
17-09).
    (ii) Within 12 months after November 29, 2022 (the effective 
date of AD 2022-17-09).
    (6) Where paragraph (3) of EASA AD 2022-0250 refers to 
``discrepancies,'' for this AD, discrepancies include missing or 
incorrectly applied sealant.
    (7) Where paragraph (4) of EASA AD 2022-0250 gives a compliance 
time of ``the next scheduled maintenance tank entry, or before 
exceeding 78 months since Airbus date of manufacture, whichever 
occurs first after the effective date of this [EASA] AD,'' for this 
AD, the compliance time is the later of the times specified in 
paragraphs (h)(7)(i) and (ii) of this AD.
    (i) The next scheduled maintenance tank entry, or before 
exceeding 78 months since Airbus date of manufacture, whichever 
occurs first after the effective date of this AD.
    (ii) Within 2 months after the effective date of this AD.
    (8) Where the applicability and group definitions in EASA AD 
2022-0250 specify manufacturer serial numbers (MSN) in certain 
service information, replace the text ``the inspection SB'' with 
``Airbus Service Bulletin A350-57-P067, dated September 17, 2020.''
    (9) Where the applicability and group definitions in EASA AD 
2022-0250 specify manufacturer serial numbers (MSN) in certain 
service information, replace the text ``the modification SB1'' with 
``Airbus Service Bulletin A350-57-P070, Revision 1, dated March 14, 
2022.''
    (10) Where the applicability and group definitions in EASA AD 
2022-0250 specify manufacturer serial numbers (MSN) in certain 
service information, replace the text ``the modification SB2'' with 
``Airbus Service Bulletin A350-57-P072, dated June 24, 2022; Airbus 
Service Bulletin A350-57-P073, dated June 24, 2022; or Airbus 
Service Bulletin A350-57-P074, dated June 24, 2022; as applicable.''
    (11) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0250.

(i) 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 (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 2022-0250, 
dated December 14, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0250, 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 May 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-10109 Filed 5-12-23; 8:45 am]
BILLING CODE 4910-13-P