[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Rules and Regulations]
[Pages 42598-42600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14004]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0927; Project Identifier MCAI-2023-00013-T; 
Amendment 39-22461; AD 2023-12-03]
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 a determination that new or more restrictive airworthiness 
limitations are necessary. This AD requires revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, 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.

[[Page 42599]]


DATES: This AD is effective August 7, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 7, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0927; 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-2023-0927.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 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 April 14, 2023 (88 FR 22923). The NPRM was prompted by AD 
2023-0004, dated January 6, 2023, issued by EASA, which is the 
Technical Agent for the Member States of the European Union (EASA AD 
2023-0004) (also referred to as the MCAI). The MCAI states that new or 
more restrictive airworthiness limitations are necessary.
    EASA AD 2023-0004 specifies that it requires tasks (limitations) 
already in Airbus A350 Airworthiness Limitations Section (ALS), Part 2, 
Revision 08, dated May 2, 2022, that is required by EASA AD 2022-0125, 
dated June 28, 2022 (which corresponds to FAA AD 2023-04-05, Amendment 
39-22352 (88 FR 13668, March 6, 2023) (AD 2023-04-05)), and that 
incorporation of EASA AD 2023-0004 invalidates (terminates) prior 
instructions for those tasks. This AD therefore terminates the 
limitations for the tasks identified in the service information 
referenced in EASA AD 2023-0004 only, as required by paragraph (j) of 
AD 2023-04-05.
    In the NPRM, the FAA proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, as specified in EASA AD 
2023-0004. The FAA is issuing this AD to address reduced structural 
integrity of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0927.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments 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

    EASA AD 2023-0004 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits. 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.
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate. Therefore, the agency estimates the average total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

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.

[[Page 42600]]

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:

2023-12-03 Airbus SAS: Amendment 39-22461; Docket No. FAA-2023-0927; 
Project Identifier MCAI-2023-00013-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 7, 2023.

(b) Affected ADs

    This AD affects AD 2023-04-05, Amendment 39-22352 (88 FR 13668, 
March 6, 2023) (AD 2023-04-05).

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before November 1, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code: 05, Time 
Limits/Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address 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 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 
2023-0004, dated January 6, 2023 (EASA AD 2023-0004).

(h) Exceptions to EASA AD 2023-0004

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2023-0004.
    (2) Paragraph (3) of EASA AD 2023-0004 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA 2023-0004 is on or before the applicable 
``associated thresholds'' as incorporated by the requirements of 
paragraph (3) of EASA AD 2023-0004, or within 90 days after the 
effective date of this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in 
paragraphs (4) of EASA AD 2023-0004.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0004.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2023-0017.

(j) Terminating Action for AD 2023-04-05

    Accomplishing the actions required by this AD terminates the 
corresponding requirements of AD 2023-04-05, for the tasks 
identified in the service information referenced in EASA AD 2023-
0004 only.

(k) 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 (l) 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.

(l) Additional Information

    For more information about this AD, contact Dat Le, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7317; email [email protected].

(m) 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 2023-0004, 
dated January 6, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0004, 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 June 12, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-14004 Filed 6-30-23; 8:45 am]
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