[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Rules and Regulations]
[Pages 75477-75480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24405]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / 
Rules and Regulations  

[[Page 75477]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2142; Project Identifier MCAI-2023-01056-T; 
Amendment 39-22592; AD 2023-22-08]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-04-
12, which applied to all Airbus SAS Model A350-941 and -1041 airplanes. 
AD 2023-04-12 required repetitive detailed inspections of affected 
cargo sealing tapes and applicable corrective actions. Since the FAA 
issued AD 2023-04-12, additional locations have been identified that 
are subject to the unsafe condition. This AD retains the requirements 
of AD 2023-04-12 and expands the inspection area, 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 November 20, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 20, 
2023.
    The FAA must receive comments on this AD by December 18, 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-2023-2142; 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 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA 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 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. It is also available at 
regulations.gov under Docket No. FAA-2023-2142.

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: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-2142; Project Identifier MCAI-
2023-01056-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, 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 AD. Submissions containing CBI should be sent to Dat Le, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; 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 2023-04-12, Amendment 39-22359 (88 FR 12143, 
February 27, 2023) (AD 2023-04-12), for all Airbus SAS Model A350-941 
and -1041 airplanes. AD 2023-04-12 was prompted by an MCAI originated 
by EASA, which is the Technical Agent for the Member States of the 
European Union. EASA issued AD 2023-0011, dated January 17, 2023 (EASA 
AD 2023-0011), to correct an unsafe condition.
    EASA AD 2023-0011 stated that longitudinal sealing tape in the 
forward and aft cargo compartments had migrated from its original 
position, possibly due to relative movement between the cargo floor 
panels and the cargo loading system, combined with compression of the 
tape.

[[Page 75478]]

    AD 2023-04-12 required repetitive detailed inspection of the 
affected parts (i.e., cargo sealing tapes installed between the cargo 
floor panels and the cargo loading system in longitudinal direction, in 
the forward and aft cargo compartment area), and, depending on 
findings, accomplishment of applicable corrective action. The FAA 
issued AD 2023-04-12 to address migration of the tape, which can affect 
the tightness of the cargo compartment floor panels that provide an 
enclosed area to maintain halon concentration in the event of a fire. 
This condition, if not addressed, could affect the fire extinguishing 
system efficiency in the cargo compartments, possibly resulting in 
failure of the system to contain a cargo compartment fire or 
permanently extinguish a fire.

Actions Since AD 2023-04-12 Was Issued

    Since the FAA issued AD 2023-04-12, EASA issued AD 2023-0011R1, 
dated February 23, 2023 (EASA AD 2023-0011R1) to provide dispatch 
instructions under the Master Minimum Equipment List. EASA subsequently 
superseded EASA AD 2023-0011R1 and issued EASA AD 2023-0176, dated 
October 6, 2023 (EASA AD 2023-0176) (also referred to as the MCAI), to 
correct an unsafe condition for all Airbus SAS Model A350-941 and -1041 
airplanes. The MCAI states that additional parts (cargo sealing tapes 
installed between the cargo floor panels and the floor structure in 
transversal direction in the bulk cargo compartment area at frame 82) 
have been identified as affected by the same potential unsafe 
condition.
    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-2023-2142.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2023-04-12, this AD retains all of the requirements of AD 2023-04-12. 
Those requirements are referenced in EASA AD 2023-0176, which, in turn, 
is referenced in paragraph (g) of this AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0176 specifies procedures for the following actions:
     Repetitive detailed inspections to detect complete or 
partial migration of the cargo sealing tapes (including high speed tape 
and glass cloth tape) and existing repairs of affected parts (i.e., 
cargo sealing tapes installed between the cargo floor panels and the 
cargo loading system in longitudinal direction, in the forward and aft 
cargo compartment area; and cargo sealing tapes installed between the 
cargo floor panels and the floor structure in transversal direction, in 
the bulk cargo compartment area at frame 82).
     Measurement of the maximum migration of partially migrated 
tape.
     Inspection for incorrect seating or sealant of repaired 
tape.
     Repair of discrepancies, including cargo sealing tape that 
has migrated more than 11 millimeters, complete migration of the tape, 
incorrect seating/condition of the tape in repaired areas, and 
incorrect sealant condition in repaired areas.
    EASA AD 2023-0176 allows deferral of corrective actions through 
dispatch of the airplane under specified Airbus A350 Master Minimum 
Equipment List items.
    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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD after determining that the 
unsafe condition described previously is likely to exist or develop on 
other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2023-0176 described previously, except for any differences identified 
as exceptions in the regulatory text of this 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, 
EASA AD 2023-0176 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2023-0176 in its entirety through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this AD. Using common terms that are the same as 
the heading of a particular section in EASA AD 2023-0176 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 
2023-0176. Service information required by EASA AD 2023-0176 for 
compliance will be available at regulations.gov under Docket No. FAA-
2023-2142 after this AD is published.

Interim Action

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

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because migration of the sealing tape can affect the tightness of the 
cargo compartment floor panels, which provide an enclosed area to 
maintain halon concentration in the event of a fire. Migration of the 
sealing tape in the forward and aft cargo compartments could affect the 
fire extinguishing system efficiency in the cargo compartments and 
possibly result in failure of the system to contain a cargo compartment 
fire or permanently extinguish the fire. The additional affected 
locations in the bulk cargo compartment further increase the effect on 
the fire extinguishing system efficiency by widening the area in which 
a halon concentration could perpetuate due to migration of the sealing 
tape and increasing the likelihood of a failure to contain a cargo

[[Page 75479]]

compartment fire or permanently extinguish the fire. Accordingly, 
notice and opportunity for prior public comment are impracticable and 
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 32 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                               Cost on U.S.
             Action                  Labor cost        Parts cost     Cost per  product          operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD         Up to 1 work-hour               $0  Up to $85..........  Up to $2,720.
 2023[dash]04[dash]12.            x $85 per hour =
                                  $85.
New actions....................  2 work-hours x $85               0  $170...............  $5,440.
                                  per hour = $170.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                Parts cost        Cost per product
------------------------------------------------------------------------
Up to 3 work-hours x $85 per     Up to $10.........  Up to $265.
 hour = $255.
------------------------------------------------------------------------

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, and
    (2) Will not affect intrastate aviation in Alaska.

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 (AD) 2023-04-12, Amendment 39-22359 
(88 FR 12143, February 27, 2023); and
0
b. Adding the following new AD:

2023-22-08 Airbus SAS: Amendment 39-22592; Docket No. FAA-2023-2142; 
Project Identifier MCAI-2023-01056-T.

(a) Effective Date

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

(b) Affected ADs

    This AD replaces AD 2023-04-12, Amendment 39-22359 (88 FR 12143, 
February 27, 2023) (AD 2023-04-12).

(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 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by the migration of cargo sealing tape from 
its original position between the cargo floor panels and the cargo 
loading system in the longitudinal direction in the forward and aft 
cargo compartment area, and between the cargo floor panels and the 
floor structure in the transversal direction in the bulk cargo 
compartment area at frame 82. The FAA is issuing this AD to address 
this tape migration, which can affect the tightness of the cargo 
compartment floor panels that provide an enclosed area to maintain 
halon concentration in the event of a fire. This condition, if not 
addressed, could affect the fire extinguishing system efficiency in 
the cargo compartments, possibly resulting in failure of the system 
to contain a cargo compartment fire or permanently extinguish a 
fire.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

[[Page 75480]]

(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 
2023-0176, dated October 6, 2023 (EASA AD 2023-0176).

(h) Exceptions to EASA AD 2023-0176

    (1) Where EASA AD 2023-0176 refers to ``31 January 2023 [the 
effective date of EASA AD 2023-0011],'' this AD requires replacing 
those words with ``March 14, 2023 (the effective date of AD 2023-04-
12).''
    (2) Where EASA AD 2023-0176 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (2) of EASA AD 2023-0176 specifies 
accomplishing corrective actions if ``discrepancies, as identified 
in the AOT'' are found, for this AD, discrepancies are defined as 
cargo sealing tape that has migrated more than 11 millimeters, 
complete migration of the tape as shown in Condition B of the 
service information reference in EASA AD 2023-0176, incorrect 
seating/condition of the tape in repaired areas, and incorrect 
sealant condition in repaired areas.
    (4) Where paragraph (2) of EASA AD 2023-0176 specifies 
accomplishing corrective actions ``in accordance with the 
instructions of the AOT,'' for this AD, replace those words with 
``in accordance with the instructions of the AOT for the FWD and AFT 
cargo compartment areas and in accordance with the instructions of 
Airbus AOT A53P016-22, Revision 03, dated September 13, 2023, or 
later approved revisions for the BULK cargo compartment areas.''
    (5) Where the service information referenced in EASA AD 2023-
0176 specifies use of cargo sealing tape 398FR, this AD also allows 
use of cargo sealing tape 398FRP.
    (6) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0176.

(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 manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (j) of this AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2023-04-12 are approved as 
AMOCs for the corresponding provisions of EASA AD 2023-0176 that are 
required by paragraph (g) of this AD.
    (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 2023-0176 that 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, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; 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 2023-0176, 
dated October 6, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0176, 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. This material may be found in the AD 
docket at regulations.gov under Docket No. FAA-2023-2142.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-24405 Filed 11-1-23; 11:15 am]
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