[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Rules and Regulations]
[Pages 6420-6422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01966]



[[Page 6420]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2004; Project Identifier MCAI-2023-00977-T; 
Amendment 39-22656; AD 2024-01-05]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-01-
07, which applied to certain Airbus SAS Model A350-941 and -1041 
airplanes. AD 2022-01-07 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. This AD retains the actions 
required by AD 2022-01-07 and also 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.

DATES: This AD is effective March 7, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 7, 
2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of March 
8, 2022 (87 FR 5391, February 1, 2022).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-2004; 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 final rule, 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-2023-2004.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 562-627-
5357; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2022-01-07, Amendment 39-21895 (87 FR 5391, 
February 1, 2022) (AD 2022-01-07). AD 2022-01-07 applied to certain 
Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-01-07 required 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. The 
FAA issued AD 2022-01-07 to address the potential of ignition sources 
inside fuel tanks, which, in combination with flammable fuel vapors, 
could result in a fuel tank explosion and consequent loss of the 
airplane.
    The NPRM published in the Federal Register on October 26, 2023 (88 
FR 73545). The NPRM was prompted by AD 2023-0162, dated August 17, 
2023, issued by EASA, which is the Technical Agent for the Member 
States of the European Union (EASA AD 2023-0162) (also referred to as 
the MCAI). The MCAI states that new or more restrictive airworthiness 
limitations have been developed.
    In the NPRM, the FAA proposed to retain the actions required by AD 
2022-01-07 and also require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, as specified in EASA AD 2023-
0162. 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-2023-2004.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change. The FAA 
also received a comment from an anonymous commenter who expressed 
appreciation for FAA's dedication to aviation safety. No changes to the 
AD were requested; therefore, the FAA infers that the commenter 
supported the NPRM.

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

    The FAA reviewed EASA AD 2023-0162. This service information 
specifies new or more restrictive airworthiness limitations related to 
fuel tank ignition prevention and fuel tank flammability reduction.
    This AD also requires EASA AD 2021-0209, dated September 15, 2021, 
which the Director of the Federal Register approved for incorporation 
by reference as of March 8, 2022 (87 FR 5391, February 1, 2022).
    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

[[Page 6421]]

determined that a per-operator estimate is more accurate than a per-
airplane estimate.
    The FAA estimates the total cost per operator for the new actions 
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.

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 2022-01-07, Amendment 39-21895 (87 
FR 5391, February 1, 2022); and
0
b. Adding the following new Airworthiness Directive:

2024-01-05 Airbus SAS: Amendment 39-22656; Docket No. FAA-2023-2004; 
Project Identifier MCAI-2023-00977-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 7, 2024.

(b) Affected ADs

    This AD replaces AD 2022-01-07, Amendment 39-21895 (87 FR 5391, 
February 1, 2022) (AD 2022-01-07).

(c) Applicability

    This AD applies all 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 June 1, 2023.

(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 the potential of ignition sources inside 
fuel tanks, which, in combination with flammable fuel vapors, could 
result in a fuel tank explosion and consequent loss of the airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With AD 2022-01-07, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2022-01-07, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before June 30, 2021: 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 2021-0209, dated September 
15, 2021 (EASA AD 2021-0209). Accomplishing the revision of the 
existing maintenance or inspection program required by paragraph (j) 
of this AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2021-0209, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(h) of AD 2022-01-07, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2021-0209 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2021-0209 specifies revising ``the 
AMP [aircraft maintenance program]'' within 12 months after its 
effective date, but this AD requires revising the existing 
maintenance or inspection program, as applicable, to incorporate the 
``limitations, tasks and associated thresholds and intervals'' 
specified in paragraph (3) of EASA AD 2021-0209 within 90 days after 
March 8, 2022 (the effective date of AD 2022-01-07).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2021-0209 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2021-0209, or 
within 90 days after March 8, 2022 (the effective date of AD 2022-
01-07), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2021-0209 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2021-0209 does not apply 
to this AD.

(i) Retained Restrictions on Alternative Actions, Intervals, and 
Critical Design Configuration Control Limitations (CDCCLs), With No 
Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2022-01-07, with no changes. Except as required by paragraph (j) of 
this AD, after the maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections), intervals, and CDCCLs are allowed 
unless they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2021-0209.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2023-0162, dated August 17, 2023 (EASA AD 
2023-0162). Accomplishing the revision of the existing maintenance 
or inspection program required by this paragraph terminates the 
requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2023-0162

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2023-0162.
    (2) Where paragraph (3) of EASA AD 2023-0162 specifies ``Within 
12 months after the effective date of this AD, revise the AMP,'' 
this AD requires replacing those words with ``Within 90 days after 
the effective date of this AD, revise the existing maintenance or 
inspection program, as applicable.''
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2023-0162 is at the applicable 
``limitations'' and ``associated thresholds'' as

[[Page 6422]]

incorporated by the requirements of paragraph (3) of EASA AD 2023-
0162, 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) and (5) of EASA AD 2023-0162.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0162.

(l) New Provisions for Alternative Actions, Intervals, and CDCCLs

    After the existing maintenance or inspection program has been 
revised as required by paragraph (j) of this AD, no alternative 
actions (e.g., inspections), intervals, and CDCCLs are allowed 
unless they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2023-0162.

(m) 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 (n) 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.

(n) Additional Information

    For more information about this AD, contact Dat Le, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 562-627-5357; email [email protected].

(o) 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.
    (3) The following service information was approved for IBR on 
March 7, 2024.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0162, 
dated August 17, 2023.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
March 8, 2022 (87 FR 5391, February 1, 2022).
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0209, 
dated September 15, 2021.
    (ii) [Reserved]
    (5) For EASA AD 2023-0162 and EASA AD 2021-0209, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone: +49 221 
8999 000; email: [email protected]; website: easa.europa.eu. You 
may find these EASA ADs on the EASA website: ad.easa.europa.eu.
    (6) 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.
    (7) 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/ibr-locations or email [email protected].

    Issued on January 26, 2024.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-01966 Filed 1-31-24; 8:45 am]
BILLING CODE 4910-13-P