[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Rules and Regulations]
[Pages 50008-50011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16235]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0656; Project Identifier MCAI-2022-01433-T; 
Amendment 39-22498; AD 2023-13-13]
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 all 
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by 
reports of a non-full life clearance in the low-pressure hydraulic 
pipes of the nose landing gear return line, due to two quality escapes. 
This AD requires replacing the affected aluminum pipes with titanium 
pipes, as specified in a European Union Aviation Safety Agency (EASA) 
AD, which is incorporated by reference. This AD also prohibits the 
installation of affected parts. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective September 5, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 5, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0656; 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 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

[[Page 50009]]

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-2023-0656.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; 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 all Airbus SAS Model 
A350-941 and -1041 airplanes. The NPRM published in the Federal 
Register on March 30, 2023 (88 FR 19021). The NPRM was prompted by AD 
2022-0217R1, dated March 1, 2023, issued by EASA, which is the 
Technical Agent for the Member States of the European Union (EASA AD 
2022-0217R1) (also referred to as the MCAI). The MCAI states Airbus 
received reports from the manufacturer of a non-full life clearance in 
the low-pressure hydraulic pipes of the nose landing gear return line, 
due to two separate quality escapes. One quality escape occurred after 
alodine process application on aluminum pipes, when black spots and 
stains caused by corrosion pitting were found on inner and outer 
diameters. In a second quality escape, aluminum pipes were identified 
with an average ovality value (which measures the maximum and minimum 
outer diameter of the pipe) above the admissible value. This condition, 
if not corrected, could lead to a premature rupture in the yellow 
hydraulic line, which, in case of additional independent system 
failures, could result in reduced airplane controllability.
    In the NPRM, the FAA proposed to require replacing the affected 
aluminum pipes with titanium pipes, as specified in EASA AD 2022-
0217R1. The NPRM also proposed to prohibit the installation of affected 
parts. 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-2023-0656.

Discussion of Final Airworthiness Directive

Comments

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

Request for Change in Compliance Time

    Delta requested a change to the compliance time for airplanes 
having an affected part listed in the A350-941 Service Bulletin A350-
29-P020, dated July 28, 2022, modification of low pressure tubes S11-
12, from before exceeding 6 years since airplane date of manufacture, 
or within 10 months after the effective date of this revised [EASA] AD 
to 7,600 flight cycles. Delta expressed Airbus Engineering has 
determined the impacted pipes, based on test results and analytical 
calculation, have a maximum life limitation of 7,600 flight cycles. 
Delta stated that Airbus developed a compliance time to ensure the 
affected parts were replaced at their 6 year check. However, due to a 
materials shortage, some affected aircraft did not embody Service 
Bulletin A350-29-P020, dated July 28, 2022, at their 6 year check and 
instead, would need to use the 10 months after the effective date 
timeline. Delta expressed that 10 months after the effective date would 
likely not align with a required aircraft check and does not follow the 
Airbus calculated flight-cycle limit. Therefore, Delta stated that a 
flight-cycle limit of 7,600 flight cycles should either replace the 
calendar-driven compliance time; or for affected aircraft that already 
completed the 6 year check the compliance time should be 7,600 flight 
cycles since date of manufacture.
    The FAA considered the recommendations of the manufacturer, the 
availability of parts and the safety implications, and determined that 
accomplishing the applicable action prior to the accumulation of 7,000 
total flight cycles, will provide an adequate level of safety. The FAA 
determined that 7,000 flight cycles is more appropriate than 7,600 
flight cycles based on an average fleet usage of 600 to 700 flight 
cycles a year; this revised compliance time will ensure the unsafe 
condition is addressed in a timely manner. The FAA has changed this AD 
to include an additional exception to the EASA AD that will allow for 
accomplishing the actions at the latest of before exceeding 6 years 
since airplane date of manufacture, within 10 months after the 
effective date of this AD or prior to the accumulation of 7,000 flight 
cycles.

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, 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 2022-0217R1 specifies procedures for replacing the affected 
aluminum pipes with titanium pipes. EASA AD 2022-0217R1 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 24 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
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Up to 130 work-hours x $85 per hour =  Up to $16,500..........  Up to $27,550..........  Up to $661,200.
 $11,050.
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[[Page 50010]]

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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:

2023-13-13 Airbus SAS: Amendment 39-22498; Docket No. FAA-2023-0656; 
Project Identifier MCAI-2022-01433-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 5, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies all Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code: 29, Hydraulic 
Power.

(e) Unsafe Condition

    This AD was prompted by reports of a non-full life clearance in 
the low-pressure hydraulic pipes of the nose landing gear return 
line within the yellow hydraulic line system, due to two quality 
escapes. The FAA is issuing this AD to address the quality escapes 
in the manufacture of these pipes. The unsafe condition, if not 
addressed, could result in premature rupture in the yellow hydraulic 
line, which, in case of additional independent system failures, 
could result in reduced airplane controllability.

(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 
2022-0217R1, dated March 1, 2023 (EASA AD 2022-0217R1).

(h) Exceptions to EASA AD 2022-0217R1

    (1) Where EASA AD 2022-0217R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0217R1.
    (3) Where EASA AD 2022-0217R1 refers to November 18, 2022 (the 
effective date of EASA AD 2022-0217), this AD requires using the 
effective date of this AD.
    (4) Where table (2) of EASA AD 2022-0217R specifies a compliance 
time of ``Before exceeding 6 years since aeroplane date of 
manufacture, or within 10 months after the effective date of this 
revised AD, whichever occurs later'', this AD requires using 
``Before exceeding 6 years since airplane date of manufacture, 
within 10 months after the effective date of this AD, or prior to 
the accumulation of 7,000 total flight cycles, whichever occurs 
latest.''

(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, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7300; 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 2022-0217R1, 
dated March 1, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2022-0217R1, 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: ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, Des

[[Page 50011]]

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 July 7, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-16235 Filed 7-31-23; 8:45 am]
BILLING CODE 4910-13-P