[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80562-80565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25506]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1414; Project Identifier MCAI-2023-00438-T; 
Amendment 39-22593; AD 2023-22-09]
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 airplanes. This AD was prompted by a 
report that the axis index washers on the forward and rear main landing 
gear door hinges were found inverted in production. This AD requires a 
one-time detailed inspection of the axis index washers for correct 
installation, and, depending on findings, replacement of the axis index 
washers, 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 December 26, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 26, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1414; 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 EASA material identified 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 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-2023-1414.

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 airplanes. The NPRM published in the Federal Register on

[[Page 80563]]

July 14, 2023 (88 FR 45112). The NPRM was prompted by AD 2023-0051, 
dated March 10, 2023, issued by EASA, which is the Technical Agent for 
the Member States of the European Union (EASA AD 2023-0051) (also 
referred to as the MCAI). The MCAI states that the forward (#1) and 
rear (#3) main landing gear door (MLGD) hinge axis index washers were 
found inverted in production (index washer for forward fitting 
installed at rear fitting and vice versa). This condition, if not 
detected and corrected, could lead to reduced structural integrity of 
the MLGD hinge fittings, possibly resulting in the loss of an MLGD 
during flight, and consequent injury to persons on the ground.
    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-2023-1414.

Discussion of Final Airworthiness Directive

Comments

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

Request for Clarification of Required Actions

    Delta requested that an exception should be added to paragraph (h) 
of the proposed AD stating that the accomplishment of A350 maintenance 
procedures A350-A-32-12-72-00ZZZ-520Z-A and A350-A-32-12-72-00ZZZ-720Z-
A to be utilized with the terminology ``Refer to'' in lieu of ``in 
accordance with'' to allow utilizing only the portions of the 
maintenance procedure that pertains to the replacement of the index 
washers, index pins and axis assemblies, one at a time, first the FWD 
side and then the AFT side in lieu of removing and re-installing the 
entire MLGD when replacing the affected parts per the proposed AD. 
Delta stated that, alternatively, the exception could identify specific 
steps and paragraphs of the maintenance procedures that are utilized 
for replacement of the affected parts only. Delta contends that the 
removal of the entire MLGD appears not to be the intent of Airbus 
Service Bulletin A350-52-P048 (the service information referenced in 
EASA AD 2023-0051), the EASA AD, and this proposed AD. Delta noted that 
the ``in accordance with'' language in the service information is 
contradictory to the detailed subsequent steps of the service 
information.
    The FAA agrees the intent was not to remove and re-install the 
MLGD, but to replace the affected parts. The FAA AD agrees that A350 
maintenance procedures A350-A-32-12-72-00ZZZ-520Z-A and A350-A-32-12-
72-00ZZZ-720Z-A are for reference when accomplishing the required 
actions. The FAA added paragraph (h)(2) to this AD to clarify the 
required actions.

Request for Clarification of Figure Reference

    Delta requested an exception should be added to paragraph (h) of 
the proposed AD stating where maintenance procedure A350-A-52-XX-P048-
01ZZZ-93CZ-A, paragraphs C(1)(c)3 & 4, Figure BC refers to Detail E, 
change to Detail F; and where paragraphs C(2)(c)3 & 4, Figure BD, 
refers to Detail E, change to Detail F. Delta noted these errors are in 
the original issue and Revision 01 of Airbus Service Bulletin A350-52-
P048.
    The FAA has confirmed with the manufacturer that the service 
information steps are correct and address the unsafe condition and that 
Figures BC and BD are for reference only. The manufacturer stated that 
it is considering addressing any errors in a future revision of Airbus 
Service Bulletin A350-52-P048. The FAA has not changed this AD in this 
regard.

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 2023-0051 specifies procedures for a one-time detailed 
inspection of the MLGD forward and rear hinges for incorrectly 
installed axis index washers and, depending on findings, replacement of 
the axis index washers.
    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 23 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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2.25 work-hours x $85 per hour = $192........................              $0             $192           $4,416
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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 data to determine the number of 
airplanes that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
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                                                             Cost per
            Labor cost                  Parts cost           product
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8.25 work-hours x $85 per hour =   $10 per door........            $712
 $702.
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[[Page 80564]]

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:

2023-22-09 Airbus SAS: Amendment 39-22593; Docket No. FAA-2023-1414; 
Project Identifier MCAI-2023-00438-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 26, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes, 
certificated in any category, as identified in European Union 
Aviation Safety Agency (EASA) AD 2023-0051, dated March 10, 2023 
(EASA AD 2023-0051).

(d) Subject

    Air Transport Association (ATA) of America Code: 52, Doors.

(e) Unsafe Condition

    This AD was prompted by a report that the axis index washers on 
the forward and rear main landing gear door (MLGD) hinges were found 
inverted in production. The FAA is issuing this AD to address 
incorrectly installed washers. The unsafe condition, if not 
addressed, could result in reduced structural integrity of the MLGD 
hinge fittings, possibly resulting in a loss of an MLGD during 
flight, and consequent injury to persons on the ground.

(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 2023-0051.

(h) Exceptions to EASA AD 2023-0051

    (1) Where the applicability and Groups definitions of EASA AD 
2023-0051 refer to serial numbers, replace the text ``the SB'' with 
``Airbus Service Bulletin A350-52-P048, dated November 24, 2022.''
    (2) Where the service information referenced in EASA AD 2023-
0051 specifies to accomplish actions ``in accordance with'' A350 
maintenance procedures A350-A-32-12-72-00ZZZ-520Z-A and A350-A-32-
12-72-00ZZZ-720Z-A, for this AD, those maintenance procedures are 
for reference only when accomplishing the actions.
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0051.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-0051 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k) of this AD or email to: [email protected]. 
If mailing information, also submit information by email. 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 (j)(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.

(k) 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].

(l) 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 2023-0051, 
dated March 10, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0051, 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 service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th Street, Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.
    (5) You may view this material at the National Archives and 
Records

[[Page 80565]]

Administration (NARA). For information on the availability of this 
material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on October 30, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-25506 Filed 11-17-23; 8:45 am]
BILLING CODE 4910-13-P