[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Proposed Rules]
[Pages 55120-55122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14566]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1881; Project Identifier MCAI-2024-00160-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD 
was prompted by reports that engine nacelle anti-icing (NAI) forward 
bulkheads have been found with elongated locating holes. This proposed 
AD would require a one-time detailed inspection of the engine NAI 
forward bulkhead locating holes for elongation and loose fasteners and 
applicable corrective actions, and would also prohibit the installation 
of affected parts under certain conditions, as specified in a European 
Union Aviation Safety Agency (EASA) AD, which is proposed for 
incorporation by reference (IBR). The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 19, 
2024.

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-2024-1881; 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 NPRM, 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, 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. It is also available at 
regulations.gov under Docket No. FAA-2024-1881.
     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.

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 relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2024-1881; 
Project Identifier MCAI-2024-00160-T'' at the beginning of your 
comments. The most helpful comments reference a specific portion of the 
proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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

[[Page 55121]]

marked submissions as confidential under the FOIA, and they will not be 
placed in the public docket of this NPRM. 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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2024-0060R1, dated April 16, 2024 
(EASA AD 2024-0060R1) (also referred to as the MCAI), to correct an 
unsafe condition on all Airbus SAS Model A350-941 and -1041 airplanes. 
The MCAI states that certain engine NAI forward bulkheads may have 
elongated locating holes. These holes are used in the manufacturing 
process and closed with fasteners before delivery. It has been 
determined that these fasteners, if loose, may vibrate and cause 
further elongation of the locating holes, which, eventually, can reduce 
the NAI performance. This condition, if not detected and corrected, 
could lead to the undetected loss of NAI protection on both engines, 
possibly resulting in loss of control of the airplane.
    The FAA is proposing 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-2024-1881.

Related Material Under 1 CFR Part 51

    EASA AD 2024-0060R1 specifies procedures for a one-time detailed 
inspection of the engine NAI forward bulkhead location holes for 
discrepancies, including elongation and loose fasteners. Depending on 
the inspection results, EASA 2024-0060R1 also specifies corrective 
action, including obtaining and following instructions if any 
discrepancy is identified. EASA AD 2024-0060R1 also requires reporting 
of the inspection results to Collins Aerospace. EASA AD 2024-0060R1 
also prohibits the installation of an affected part on any airplane 
unless it is a serviceable part and is inspected before installation. 
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 NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2024-0060R1 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD and 
except as discussed under ``Differences Between this NPRM and the 
MCAI.''

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, the 
FAA proposes to incorporate EASA AD 2024-0060R1 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2024-0060R1 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2024-0060R1 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 2024-
0060R1. Material required by EASA AD 2024-0060R1 for compliance will be 
available at regulations.gov under Docket No. FAA-2024-1881 after the 
FAA final rule is published.

Differences Between This NPRM and the MCAI

    EASA 2024-0060R1 requires to report inspection results (including 
no findings) to Collins Aerospace, and this proposed AD would not 
require reporting the inspection results because the root cause is 
known, and additional data obtained from operators would not provide 
information to suggest different or additional rulemaking.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 31 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed 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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7.5 work-hours x $85 per hour = $638.........................             $10             $648          $20,088
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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 proposed AD.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed 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

[[Page 55122]]

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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Airbus SAS: Docket No. FAA-2024-1881; Project Identifier MCAI-2024-
00160-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 19, 2024.

(b) Affected ADs

    None.

(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 54, Nacelles/
pylons.

(e) Unsafe Condition

    This AD was prompted by reports that engine nacelle anti-icing 
(NAI) forward bulkheads may have elongated locating holes. The FAA 
is issuing this AD to address elongated locating holes. The unsafe 
condition, if not addressed, could result in the fasteners, if 
loose, to vibrate and cause further elongation of the locating 
holes, which, eventually, can reduce the NAI performance. This 
condition, if not detected and corrected, could lead to the 
undetected loss of NAI protection on both engines, possibly 
resulting in loss of control of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2024-0060R1, dated April 16, 2024 (EASA AD 2024-0060R1).

(h) Exceptions to EASA AD 2024-0060R1

    (1) Where EASA AD 2024-0060R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (2) of EASA AD 2024-0060R1 specifies if 
``any discrepancy is detected, before next flight, contact Collins 
Aerospace for approved corrective action instructions and, within 
the compliance time identified therein accomplish those instructions 
accordingly,'' this AD requires replacing that text with if ``any 
discrepancy is detected, the discrepancy 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 
2024-0060R1.

(i) No Reporting Required

    Although EASA AD 2024-0060R1 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. 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 (h)(2) of this AD, if any material 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 material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2024-0060R1, 
dated April 16, 2024.
    (ii) [Reserved]
    (3) For EASA AD 2024-0060R1, 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 June 27, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-14566 Filed 7-2-24; 8:45 am]
BILLING CODE 4910-13-P