[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Rules and Regulations]
[Pages 35698-35701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09353]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1883; Project Identifier MCAI-2023-00804-T; 
Amendment 39-22734; AD 2024-08-01]
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 of cracks found on the trunnion arms of the inboard flap 
assemblies. This AD requires repetitive inspections for cracking of the 
trunnion arms of the inboard flap assembly, and applicable corrective 
actions, 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 June 6, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 6, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1883; 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 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

[[Page 35699]]

material at the FAA, call 206-231-3195. It is also available in the AD 
docket at regulations.gov under Docket No. FAA-2023-1883.

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 certain Airbus SAS 
Model A350-941 airplanes. The NPRM published in the Federal Register on 
September 22, 2023 (88 FR 65328). The NPRM was prompted by AD 2023-
0132, dated July 3, 2023 (EASA AD 2023-0132) (also referred to as the 
MCAI), issued by EASA, which is the Technical Agent for the Member 
States of the European Union. The MCAI states that cracks were found on 
the trunnion arms of the inboard flap assemblies that were made of 
forging aluminum 7037.
    In the NPRM, the FAA proposed to require repetitive inspections for 
cracking of the trunnion arms of the inboard flap assembly, and 
applicable corrective actions, as specified in EASA AD 2023-0132. The 
NPRM also proposed to prohibit the installation of affected parts. The 
FAA is issuing this AD to address potential cracks of the trunnion 
arms. The unsafe condition, if not detected and corrected, could 
adversely affect the structural integrity of the trunnion arms.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1883.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Delta Airlines. The following 
presents the comment received on the NPRM and the FAA's response.

Request To Clarify Requirements

    Delta Air Lines (Delta) requested that the proposed AD be revised 
to add a clear statement addressing the relation between the 
instructions in the service information specified in EASA AD 2023-0132 
and paragraph (i)(2) of the proposed AD for any deviations to the 
instructions, including those that are Required for Compliance (RC). 
Delta pointed out that a note in Paragraph 3., Accomplishment 
Instructions, of Airbus Service Bulletin A350-57-P077, dated January 
31, 2023, states to contact Airbus for any deviations to the 
instructions, including those that are RC. Delta added that paragraph 
(i)(2) of the proposed AD states that for any requirement in the AD to 
obtain instructions from a manufacturer, the instructions must be done 
using a method approved by the FAA, EASA, or Airbus' EASA Design 
Organization Approval (DOA). Delta provided several examples of cases 
where it has obtained approval from the manufacturer in accordance with 
the requirement defined in the proposed AD--a method that is DOA 
approved--and wondered if those types of deviations from instructions 
found in RC steps that are obtained from the manufacturer may be 
implemented without further FAA approval. Based on the language in the 
service information and paragraph (i)(2) of the proposed AD, Delta 
explained that it interprets this to mean that approval for any 
deviations from the service information--including RC steps--with a DOA 
approval may be used without further FAA approval.
    The FAA disagrees with revising the regulatory text of this AD. 
However, the following explanation is provided for clarification of the 
RC process. Any deviation to any and all RC actions identified in 
required service information as ``in accordance with'' a specific 
method requires approval of an FAA alternative method of compliance 
(AMOC). The ``contact the manufacturer'' language in paragraph (i)(2) 
of this AD applies to RC actions within the service information that 
specify, for example, to ``contact the manufacturer [e.g., Airbus] for 
repair instructions and do the repair.''
    If the accomplishment step in the service information is labeled RC 
and has substeps or tasks with no paragraph designation under the 
labeled RC step, then all of the substeps or tasks must also be 
completed. In addition, if an accomplishment step in the service 
information is marked RC and states to do the work ``in accordance 
with'' a figure, drawing, or illustration, then all of the information 
in the figure, drawing, or illustration is mandatory. If a step is 
marked RC and a procedure or document must be followed to accomplish a 
task in a service bulletin, the appropriate terminology to cite the 
procedure or document is ``in accordance with.'' However, if a step is 
marked RC and a procedure or document may be followed to accomplish an 
action (e.g., the design approval holder's procedure or document may be 
used, but an FAA-accepted procedure could also be used), the 
appropriate terminology to use to cite the procedure or document is 
``refer to . . . as an accepted procedure.''

Additional Changes Made to This AD

    Since the FAA issued the NPRM, EASA revised EASA AD 2023-0132 and 
issued EASA AD 2023-0132R1, dated March 20, 2024, which adds an 
optional terminating action for the repetitive inspections.
    The FAA has revised paragraph (g) of this AD to also refer to EASA 
AD 2023-0132R1, dated March 20, 2024, as an appropriate source of 
service information for accomplishing the required actions.
    The FAA has revised paragraph (c) of this AD to refer to EASA AD 
2023-0132R1, dated March 20, 2024, for the affected airplanes, which 
are the same between EASA AD revisions.

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, 
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 2023-0132 specifies procedures for repetitive ultrasonic 
inspections for cracking of the trunnion arms of the inboard flap 
assemblies, and corrective actions, as applicable. Corrective actions 
include obtaining and following repair instructions if any cracking is 
found. EASA AD 2023-0132 also prohibits the installation of affected 
parts.
    EASA AD 2023-0132R1, dated March 20, 2024, specifies the same 
procedures as EASA AD 2023-0132 and provides on optional terminating 
action for the repetitive inspections, which consists of replacing the 
left-hand and right-hand inboard flap, as applicable, with a modified 
inboard flap.
    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 4 airplanes of U.S. 
registry. The

[[Page 35700]]

FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
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Up to 17 work-hours x $85 per hour =                 $10  Up to $1,455..............  Up to $5,820.
 $1,445.
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    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this AD.

                  Estimated Costs for Optional Actions
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           Labor cost                 Parts cost       Cost per product
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Up to 122 work-hours x $85 per    Up to $31,930.....  Up to $42,300.
 hour = $10,370.
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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:

2024-08-01 Airbus SAS: Amendment 39-22734; Docket No. FAA-2023-1883; 
Project Identifier MCAI-2023-00804-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 6, 2024.

(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 2023-0132R1, dated March 20, 2024 
(EASA AD 2023-0132R1).

(d) Subject

    Air Transport Association (ATA) of America Code: 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report of cracks found on the trunnion 
arms of the inboard flap assemblies. The FAA is issuing this AD to 
address potential cracks of the trunnion arms. The unsafe condition, 
if not addressed, could adversely affect the structural integrity of 
the trunnion arms.

(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 2023-0132, dated July 3, 2023 (EASA AD 
2023-0132) or EASA AD 2023-0132R1.

(h) Exceptions to EASA AD 2023-0132 and EASA AD 2023-0132R1

    (1) Where EASA AD 2023-0132 refers to its effective date, or 
EASA AD 2023-0132R1 refers to July 17, 2023 (the effective date of 
EASA AD 2023-0132), this AD requires using the effective date of 
this AD.
    (2) Where paragraph (2) of EASA AD 2023-0132 and EASA AD 2023-
0132R1 specifies if ``any crack is detected, before next flight, 
contact Airbus for approved instructions and, within the compliance 
time(s) specified in those instructions, accomplish those 
instructions accordingly,'' this AD requires replacing that text 
with ``if any cracking is detected, the cracking must be repaired 
before further flight 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) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0132 and EASA AD 2023-0132R1.

(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

[[Page 35701]]

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 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 (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 2023-0132, 
dated July 3, 2023.
    (ii) EASA AD 2023-0132R1, dated March 20, 2024.
    Note 1 to paragraph (k)(2)(ii): EASA AD 2023-0132R1 can be 
accessed in the zipped file at the bottom of the web page for EASA 
AD 2023-0132. When EASA posts a revised AD on their website, they 
watermark the previous AD as ``Revised,'' alter the file name by 
adding ``_revised'' to the end, and move it into a zipped file 
attached at the bottom of the AD web page.
    (3) For EASA AD 2023-0132 and EASA AD 2023-0132R1, 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 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 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 April 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-09353 Filed 5-1-24; 8:45 am]
BILLING CODE 4910-13-P