[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31169-31171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10331]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1659; Project Identifier MCAI-2022-01254-T; 
Amendment 39-22415; AD 2023-07-13]
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 
certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was 
prompted by reports of broken lower attachment studs on the AFT galley 
complex. This AD requires repetitive detailed inspections of the lower 
attachment studs and, depending on findings, replacement of the lower 
attachment studs, 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 June 20, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 20, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1659; 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-2022-1659.

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 certain Airbus SAS 
Model A350-941 and -1041 airplanes. The NPRM published in the Federal 
Register on January 12, 2023 (88 FR 2032). The NPRM was prompted by AD 
2022-0196, dated September 20, 2022, issued by EASA, which is the 
Technical Agent for the Member States of the European Union (EASA AD 
2022-0196) (also referred to as the MCAI). The MCAI states that the 
manufacturer has received reports of broken lower attachment studs on 
the AFT galley complex. The manufacturer's investigation indicates that 
the broken lower attachment studs resulted from a hydrogen-induced 
failure. This condition, if not addressed, could lead to galley 
detachment, resulting in injury to airplane occupants and reduced 
capacity for emergency evacuation of the airplane.
    In the NPRM, the FAA proposed to require repetitive detailed 
inspections of the lower attachment studs and, depending on findings, 
replacement of the lower attachment studs, as specified in EASA AD 
2022-0196. The FAA is issuing 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-2022-1659.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association, 
International, who supported the NPRM without change.
    The FAA received an additional comment from Delta Air Lines (DAL). 
The following presents the comment received on the NPRM and the FAA's 
response.

Request for Clarification of Reporting Requirements

    DAL requested clarification of the reporting requirements in the 
NPRM. DAL noted that the Airbus Alert

[[Page 31170]]

Operators Transmission (AOT) referenced by EASA AD 2022-0196 addresses 
reporting of inspection results (with or without finding) to Airbus 
Customer Services. DAL proposed that the FAA AD verify that this 
reporting requirement is not mandated.
    The FAA agrees to clarify. As specified in paragraph (i)(3) of this 
AD, if any service information contains paragraphs that are identified 
as RC (required for compliance), those paragraphs must be done to 
comply with this AD; any paragraphs that are not identified as RC are 
recommended. The reporting paragraph in the Airbus AOT referenced in 
EASA AD 2022-0196 is not labeled as RC; therefore, reporting is not 
required for compliance in this AD. The FAA has not changed this AD as 
a result of this comment.

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 
comments 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

    EASA AD 2022-0196 specifies procedures for repetitive detailed 
inspections for broken lower attachment studs and, depending on 
findings, replacement of the lower attachment studs on the AFT galley 
complex. The MCAI specifies that replacement of the lower attachment 
studs on the AFT galley complex constitutes a terminating action for 
the repetitive detailed inspections. The MCAI also prohibits the 
installation of affected parts 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 
ADDRESSES.

Interim Action

    The FAA considers that this AD is an interim action. If final 
action is later identified, the FAA may consider further rulemaking.

Costs of Compliance

    The FAA estimates that this AD affects 8 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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2 work-hours x $85 per hour = $170...........................              $0             $170           $1,360
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    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
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7 work-hours x $85 per hour = $595....             $95             $690
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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:


[[Page 31171]]


2023-07-13 Airbus SAS: Amendment 39-22415; Docket No. FAA-2022-1659; 
Project Identifier MCAI-2022-01254-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 20, 2023.

(b) Affected ADs

    None.

(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 2022-0196, dated September 
20, 2022 (EASA AD 2022-0196).

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by reports of broken lower attachment studs 
on the AFT galley complex. The FAA is issuing this AD to address 
broken lower attachment studs on the AFT galley complex. The unsafe 
condition, if not addressed, could lead to galley module detachment, 
resulting in injury to airplane occupants and reduced capacity for 
emergency evacuation 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 2022-0196.

(h) Exceptions to EASA AD 2022-0196

    (1) Where EASA AD 2022-0196 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (3) of EASA AD 2022-0196 specifies 
terminating action, for this AD, replacing all affected parts of all 
affected galleys terminates the repetitive inspections for that 
airplane.
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0196.

(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 referenced 
in EASA AD 2022-0196 contains paragraphs that are labeled as RC, the 
instructions in RC paragraphs, including subparagraphs under an RC 
paragraph, must be done to comply with this AD; any paragraphs, 
including subparagraphs under those paragraphs, that are not 
identified as RC are recommended. The instructions in paragraphs, 
including subparagraphs under those paragraphs, 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 instructions identified as RC can 
be done and the airplane can be put back in an airworthy condition. 
Any substitutions or changes to instructions 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 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 2022-0196, 
dated September 20, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0196, 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 April 8, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-10331 Filed 5-15-23; 8:45 am]
BILLING CODE 4910-13-P