[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Proposed Rules]
[Pages 59709-59712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15958]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1892; Project Identifier MCAI-2024-00198-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 supersede Airworthiness Directive (AD) 
2023-07-13, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2023-07-13 requires repetitive detailed inspections 
of the lower attachment studs on the AFT galley complex and, depending 
on findings, replacement of the lower attachment studs. Since the FAA 
issued AD 2023-07-13, it has been determined that additional airplanes 
are affected, and that all affected parts must be replaced with 
serviceable parts. This proposed AD would continue to require the 
actions in AD 2023-07-13, add airplanes to the applicability, and 
require the replacement of all affected parts, as specified in 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 September 
6, 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-2024-1892; 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 identified in this proposed 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. It is also 
available at regulations.gov under Docket No. FAA-2024-1892.
     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-
7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or

[[Page 59710]]

arguments about this proposal. Send your comments to an address listed 
under ADDRESSES section. Include ``Docket No. FAA-2024-1892; Project 
Identifier MCAI-2024-00198-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 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 516-228-7300; email [email protected]. Any 
commentary that the FAA receives that is not specifically designated as 
CBI will be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2023-07-13, Amendment 39-22415 (88 FR 31169, May 
16, 2023) (AD 2023-07-13), for certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2023-07-13 was prompted by an MCAI originated by 
EASA, which is the Technical Agent for the Member States of the 
European Union. EASA issued AD 2022-0196, dated September 20, 2022, to 
correct an unsafe condition.
    AD 2023-07-13 requires repetitive detailed inspections of the lower 
attachment studs on the AFT galley complex for damage (i.e., stress 
marks, dents, bumps, corrosion, contamination, cracks, and scratches) 
and correct installation and, depending on findings, replacement of the 
lower attachment stud. The FAA issued AD 2023-07-13 to address broken 
lower attachment studs having Part Number (P/N) XP14-070-007800 on the 
AFT galley complex. The manufacturer's investigation indicates that the 
broken lower attachment studs having P/N XP14-070-007800 resulted from 
a hydrogen-induced failure. The unsafe condition, if not addressed, 
could lead to galley module detachment, resulting in injury to airplane 
occupants and reduced capacity for emergency evacuation of the 
airplane.

Actions Since AD 2023-07-13 Was Issued

    The preamble to AD 2023-07-13 explains that the FAA considers the 
requirements ``interim action'' and was considering further rulemaking. 
The FAA has now determined that further rulemaking is indeed necessary, 
and this proposed AD follows from that determination.
    Since the FAA issued AD 2023-07-13, EASA superseded AD 2022-0196, 
dated September 20, 2022, and issued EASA AD 2024-0078, dated March 20, 
2024 (EASA AD 2024-0078) (also referred to as the MCAI), to correct an 
unsafe condition for certain Airbus SAS Model A350-941 and -1041 
airplanes. The MCAI states that additional airplanes are affected, and 
that all lower attachment studs having P/N XP14-070-007800, on the AFT 
galley complex must be replaced. Broken lower attachment studs on the 
AFT galley complex, if not addressed, could lead to galley detachment, 
resulting in injury to airplane occupants and reduced capacity for 
emergency evacuation 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-2024-1892.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2023-07-13, this proposed AD would retain all of the 
requirements of AD 2023-07-13. Those requirements are referenced in 
EASA AD 2024-0078, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Material Incorporated by Reference Under 1 CFR Part 51

    EASA AD 2024-0078 specifies repetitive detailed inspections for 
damaged and incorrectly installed lower attachment studs having P/N 
XP14-070-007800 on the AFT galley complex and, depending on findings, 
replacement of the lower attachment studs, and eventual replacement of 
all affected lower attachment studs having P/N XP14-070-007800. The 
MCAI specifies that replacement of all lower attachment studs having P/
N XP14-070-007800 on all affected AFT galleys constitutes a terminating 
action for the repetitive detailed inspections.
    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 2024-0078 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed 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, the 
FAA proposes to incorporate EASA AD 2024-0078 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2024-0078 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

[[Page 59711]]

EASA AD 2024-0078 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 2024-0078. Material required by 
EASA AD 2024-0078 for compliance will be available at regulations.gov 
under Docket No. FAA-2024-1892 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 13 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.
                  Action                            Labor cost           Parts cost    product       operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2023-07-13......  2 work-hours x $85 per hour           $0         $170          $2,210
                                            = $170.
New proposed actions.....................  7 work-hours x $85 per hour           95          690           8,970
                                            = $595.
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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

    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:
0
a. Removing airworthiness directive 2023-07-13, Amendment 39-22415 (88 
FR 31169, May 16, 2023); and
0
b. Adding the following new airworthiness directive:

Airbus SAS: Docket No. FAA-2024-1892; Project Identifier MCAI-2024-
00198-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 6, 2024.

(b) Affected ADs

    This AD replaces AD 2023-07-13, Amendment 39-22415 (88 FR 31169, 
May 16, 2023) (AD 2023-07-13).

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2024-0078, dated March 20, 
2024 (EASA AD 2024-0078).

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by reports of broken lower attachment studs 
having P/N XP14-070-007800 on the AFT galley complex. The FAA is 
issuing this AD to address broken lower attachment studs having 
XP14-070-007800 on the AFT galley complex. The unsafe condition, if 
not addressed, could lead to galley module detachment, resulting in 
injury to airplane occupants and reduced capacity for emergency 
evacuation of the airplane.

(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 2024-0078.

(h) Exceptions to EASA AD 2024-0078

    (1) Where EASA AD 2024-0078 refers to ``04 October 2022 [the 
effective date of EASA AD 2022-0196],'' this AD requires using June 
20, 2023 (the effective date of AD 2023-07-13).
    (2) Where EASA AD 2024-0078 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraphs (1), (2), (3), and (4) of EASA AD 2024-0078 
specify actions ``in accordance with approved instructions issued by 
Airbus DOA,'' this AD requires replacing that text with ``in 
accordance with approved instructions issued by the Manager, Large 
Aircraft Section, 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 
2024-0078.

(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 2023-07-13 are approved as 
AMOCs for the

[[Page 59712]]

corresponding provisions of EASA AD 2024-0078 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 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 material 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 516-228-7300; email [email protected].

(k) 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 2024-0078, 
dated March 20, 2024.
    (ii) [Reserved]
    (3) For EASA AD 2024-0078, 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/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on July 16, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-15958 Filed 7-22-24; 8:45 am]
BILLING CODE 4910-13-P