Airworthiness Directives; Airbus SAS Airplanes, 64375-64378 [2022-22720]

Download as PDF Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Rules and Regulations products, macroeconomic factors, and any other considerations that may be pertinent to the balance of petroleum product supply and demand. (5) Market analysis: (i) DOE shall establish a market value for each petroleum product to be acquired based on a market analysis at the time of contract award. (ii) DOE may consider prices on futures markets, spot markets, recent price movements, current and projected shipping rates, forecasts by the DOE Energy Information Administration, and any other analytic tools available to DOE to determine the most desirable purchase profile. (iii) DOE may also consider factors including recent price changes, private inventory levels, petroleum product acquisition by other stockpiling entities, the outlook for world petroleum product production, disruptions of supply or refining capability, logistical problems for moving petroleum products, macroeconomic factors, and any other considerations that may be pertinent relevant to the balance of petroleum product supply and demand. khammond on DSKJM1Z7X2PROD with RULES § 626.8 Deferrals of contractually scheduled deliveries. (a) General. (1) DOE prefers to take deliveries of petroleum products for the SPR at times scheduled under applicable contracts. However, in the event the market is distorted by disruption to supply or other factors, DOE may defer scheduled deliveries or consider deferral requests from awardees. (2) An awardee seeking to defer scheduled deliveries of petroleum products to the SPR may submit a deferral request to DOE. (b) Deferral criteria. DOE shall only grant a deferral request for negotiation under paragraph (c) of this section if it determines that DOE can receive a premium for the deferral and, based on DOE’s deferral analysis, that at least one of the following conditions exists: (1) DOE can reduce the cost of its petroleum products acquisition per barrel and increase the volume of petroleum products being delivered to the SPR by means of the premium barrels required by the deferral process; (2) DOE anticipates private inventories are approaching a point where unscheduled outages may occur; (3) There is evidence that refineries are reducing their run rates for lack of feedstock; or (4) There is an unanticipated disruption to petroleum product supply. (c) Negotiating terms. (1) If DOE decides to negotiate a deferral of deliveries, DOE shall estimate the VerDate Sep<11>2014 15:51 Oct 24, 2022 Jkt 259001 market value of the deferral and establish a strategy for negotiating with suppliers the minimum percentage of the market value to be taken by the Government. During these negotiations, if the deferral request was initiated by DOE, DOE may consider any reasonable, customary, and applicable costs already incurred by the supplier in the performance of a valid contract for delivery. In no event shall such consideration account for any consequential damages or lost profits suffered by the supplier as a result of such deferral. (2) DOE shall only agree to amend the contract if the negotiation results in an agreement to give the Government a fair and reasonable share of the market value. § 626.9 Suspension and pre-drawdown diversion. Where the Secretary has found that a severe energy supply interruption may be imminent, the Secretary may suspend any previously announced or contracted acquisition of any petroleum product by the SPR or injection of petroleum products into the SPR; or sell any petroleum product acquired for injection into the SPR that has not yet been injected into the SPR. [FR Doc. 2022–23184 Filed 10–24–22; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–0678; Project Identifier MCAI–2022–00067–T; Amendment 39–22147; AD 2022–17–09] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2021–16– 03, which applied to certain Airbus SAS Model A350–941 and –1041 airplanes. AD 2021–16–03 required an inspection for missing or incorrect application of the lightning strike edge glow sealant protection at certain locations in the wing tanks, and corrective action. This AD was prompted by in-production findings of missing or incorrect application of the lightning strike edge glow sealant protection at specific SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 64375 locations in the wing tanks and by the development of a modification to restore two independent layers of lightning strike protection on the wing upper cover. This AD continues to require the actions of AD 2021–16–03 and requires a modification to restore two independent layers of lightning strike protection, as specified in a European Union Aviation Safety Agency (EASA), which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 29, 2022. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 29, 2022. ADDRESSES: For material incorporated by reference (IBR) in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this IBR material on the EASA website at https://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 material at the FAA, call 206–231–3195. It is also available in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2022–0678. Examining the AD Docket You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2022–0678; 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. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231–3225; email dan.rodina@ faa.gov. SUPPLEMENTARY INFORMATION: Background EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2022–0011, E:\FR\FM\25OCR1.SGM 25OCR1 64376 Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Rules and Regulations dated January 21, 2022 (EASA AD 2022–0011) (also referred to as the MCAI), to correct an unsafe condition for certain Airbus SAS Model A350–941 and –1041 airplanes. The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2021–16–03, Amendment 39–21665 (86 FR 47555, August 26, 2021) (AD 2021–16–03). AD 2021–16–03 applied to certain Airbus SAS Model A350–941 and –1041 airplanes. The NPRM published in the Federal Register on June 16, 2022 (87 FR 36276). The NPRM was prompted by in-production findings of missing or incorrect application of the lightning strike edge glow sealant protection at specific locations in the wing tanks and by the development of a modification to restore two independent layers of lightning strike protection on the wing upper cover. The NPRM proposed to continue to require the actions of AD 2021–16–03 and to require a modification to restore two independent layers of lightning strike protection, as specified in EASA AD 2022–0011. The FAA is issuing this AD to address missing or incorrectly applied sealant, which in combination with an undetected incorrect installation of an adjacent fastener and a lightning strike in the immediate area, could result in ignition of the fuel-air mixture inside the affected fuel tanks and loss of the airplane. See the MCAI for additional background information. Discussion of Final Airworthiness Directive Comments The FAA received a comment from the Air Line Pilots Association, International (ALPA), who supported the NPRM without change. Conclusion The FAA reviewed the relevant data, considered the comment received, and determined that air safety requires adopting this AD as proposed. 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. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Related Service Information Under 1 CFR Part 51 EASA AD 2022–0011 specifies procedures for an inspection for missing or incorrect application of the lightning strike edge glow sealant protection at certain locations in the wing tanks (discrepancies), and corrective action. Corrective actions include applying sealant in areas where sealant was found to be missing or incorrectly applied. EASA AD 2022–0011 also specifies procedures for a modification to restore two independent layers of lightning strike protection on the wing upper cover. 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 27 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Cost on U.S. operators Action Labor cost Parts cost Cost per product Retained actions from AD 2021–16–03 ... Up to 67 work-hours × $85 per hour = $5,695. Up to 55 work-hours × $85 per hour = 4,675. $0 ....................... Up to $5,695 ...... Up to $153,765. Up to 500 ........... Up to 5,175 ........ Up to $139,725. New actions (modification) ....................... The FAA estimates the following costs to do any necessary on-condition actions that would be required based on the results of any required actions. The FAA has no way of determining the number of aircraft that might need these on-condition actions: khammond on DSKJM1Z7X2PROD with RULES ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Cost per product 1 work-hour × $85 per hour = $85 .......................................................................................................................... $0 $85 According to the manufacturer, some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. The FAA does not control warranty coverage for affected individuals. As a result, the FAA has included all known costs in the cost estimate. 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: VerDate Sep<11>2014 15:51 Oct 24, 2022 Jkt 259001 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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, E:\FR\FM\25OCR1.SGM 25OCR1 Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Rules and Regulations (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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive (AD) 2021–16–03, Amendment 39– 21665 (86 FR 47555, August 26, 2021); and ■ b. Adding the following new AD: ■ ■ 2022–17–09 Airbus SAS: Amendment 39– 22147; Docket No. FAA–2022–0678; Project Identifier MCAI–2022–00067–T. (a) Effective Date This airworthiness directive (AD) is effective November 29, 2022. (b) Affected ADs This AD replaces AD 2021–16–03, Amendment 39–21665 (86 FR 47555, August 26, 2021) (AD 2021–16–03). (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 2022–0011, dated January 21, 2022 (EASA AD 2022–0011). khammond on DSKJM1Z7X2PROD with RULES (d) Subject Air Transport Association (ATA) of America Code 57, Wings. (e) Unsafe Condition This AD was prompted by in-production findings of missing or incorrect application of the lightning strike edge glow sealant protection at specific locations in the wing tanks and by the development of a modification to restore two independent layers of lightning strike protection on the wing upper cover. The FAA is issuing this AD to address missing or incorrectly applied sealant, which in combination with an undetected incorrect installation of an adjacent fastener and a lightning strike in the immediate area, could result in ignition of the fuel-air mixture inside the affected fuel tanks and loss of the airplane. VerDate Sep<11>2014 15:51 Oct 24, 2022 Jkt 259001 (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 2022–0011. (h) Exceptions to EASA AD 2022–0011 (1) Where EASA AD 2022–0011 refers to its effective date, this AD requires using the effective date of this AD. (2) Where EASA AD 2022–0011 refers to October 27, 2020 (the effective date of EASA AD 2020–0220), this AD requires using September 30, 2021 (the effective date of AD 2021–16–03). (3) Where paragraph (1) of EASA AD 2022– 0011 gives a compliance time of ‘‘the next scheduled maintenance tank entry, or before exceeding 78 months since Airbus date of manufacture, whichever occurs first after 27 October 2020 [the effective date of EASA AD 2020–0220],’’ for this AD, the compliance time is the later of the times specified in paragraphs (h)(3)(i) and (ii) of this AD. (i) The next scheduled maintenance tank entry, or before exceeding 78 months since Airbus date of manufacture, whichever occurs first after September 30, 2021 (the effective date of AD 2021–16–03). (ii) Within 12 months after September 30, 2021 (the effective date of AD 2021–16–03). (4) Where paragraph (2) of EASA AD 2022– 0011 refers to ‘‘discrepancies,’’ for this AD, discrepancies include missing or incorrectly applied sealant. (5) Where paragraph (3) of EASA AD 2022– 0011 gives a compliance time of ‘‘the next scheduled maintenance tank entry, or before exceeding 78 months since Airbus date of manufacture, whichever occurs first after the effective date of this [EASA] AD,’’ for this AD, the compliance time is the later of the times specified in paragraphs (h)(5)(i) and (ii) of this AD. (i) The next scheduled maintenance tank entry, or before exceeding 78 months since Airbus date of manufacture, whichever occurs first after the effective date of this AD. (ii) Within 12 months after the effective date of this AD. (6) The ‘‘Remarks’’ section of EASA AD 2022–0011 does not apply to this AD. (i) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it to the attention of the person identified in paragraph (j) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 64377 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, 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) 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) Related Information For more information about this AD, contact Dan Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231– 3225; email dan.rodina@faa.gov. (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 2022–0011, dated January 21, 2022. (ii) [Reserved] (3) For EASA AD 2022–0011, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this EASA AD on the EASA website at https:// ad.easa.europa.eu. (4) 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 material at the FAA, call 206–231–3195. (5) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. E:\FR\FM\25OCR1.SGM 25OCR1 64378 Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Rules and Regulations Issued on August 10, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022–22720 Filed 10–24–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1310; Project Identifier MCAI–2022–01261–A; Amendment 39–22220; AD 2022–22–05] RIN 2120–AA64 Airworthiness Directives; NZSkydive Limited (Type Certificate Previously Held by Pacific Aerospace Ltd.) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is adopting a new airworthiness directive (AD) for NZSkydive Limited (type certificate previously held by Pacific Aerospace Ltd.) Model FBA–2C1, FBA–2C2, FBA– 2C3, and FBA–2C4 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI identifies the unsafe condition as a batch of aileron control chain sprockets being manufactured with a non-metallic sleeve insert in the sprocket bore, which can cause cracks to develop and affect the integrity of the aileron control chain sprockets. This AD requires inspecting the sprockets to determine if they have a non-metallic sleeve in the sprocket bore and replacing any sprocket found with a non-metallic sleeve in the sprocket bore with one with a metallic sleeve, and prohibits installation of aileron control chain sprockets with non-metallic sleeves in the sprocket bore. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 9, 2022. The FAA must receive comments on this AD by December 9, 2022. 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. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:51 Oct 24, 2022 Jkt 259001 • 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–2022–1310; 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 MCAI, any comments received, and other information. The street address for Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aviation Safety Engineer, FAA, General Aviation & Rotorcraft Section, International Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329–4144; email: mike.kiesov@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2022–1310; Project Identifier MCAI–2022–01261– A’’ at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, 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 final rule 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 final rule. 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 AD contain commercial or financial information that is customarily treated as private, that you actually treat as private, and PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 that is relevant or responsive to this AD, 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 AD. Submissions containing CBI should be sent to Mike Kiesov, Aviation Safety Engineer, FAA, General Aviation & Rotorcraft Section, International Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The Civil Aviation Authority (CAA) of New Zealand, which is the aviation authority for New Zealand, has issued CAA of New Zealand AD DCA/FBA/5, dated September 23, 2022 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition on Pacific Aerospace (the type certificate holder on the FAA type certificate data sheet is NZSkydive Limited) Model FBA–2C1, FBA–2C2, FBA–2C3, and FBA–2C4 airplanes delivered after November 2012, fitted with an aileron control chain sprocket part number (P/N) C446 received and installed after November 2012, and sprockets with P/N C446 received after November 2012 as spare parts for all serial numbers. The MCAI states that it was prompted by reports of cracks found at the roll pin holes in an affected batch of sprockets having P/N C446 that were manufactured with non-metallic sleeve inserts in the sprocket bore. These cracks can affect the integrity of the aileron control chain sprockets and have the potential to produce binding of the aileron flight controls. The unsafe condition, if not addressed, could lead to loss of integrity of the aileron control chain sprockets with consequent loss of control of the airplane. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2022–1310. Related Service Information The FAA reviewed Pacific Aerospace Mandatory Service Bulletin PACSB/2C/ 002, Issue 1, dated September 20, 2022, which specifies inspecting the aileron control chain sprockets to determine if they have a non-metallic sleeve in the sprocket bore and replacing any aileron control chain sprocket found with a non-metallic sleeve in the sprocket bore with one with a metallic sleeve. E:\FR\FM\25OCR1.SGM 25OCR1

Agencies

[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Rules and Regulations]
[Pages 64375-64378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22720]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0678; Project Identifier MCAI-2022-00067-T; 
Amendment 39-22147; AD 2022-17-09]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-16-
03, which applied to certain Airbus SAS Model A350-941 and -1041 
airplanes. AD 2021-16-03 required an inspection for missing or 
incorrect application of the lightning strike edge glow sealant 
protection at certain locations in the wing tanks, and corrective 
action. This AD was prompted by in-production findings of missing or 
incorrect application of the lightning strike edge glow sealant 
protection at specific locations in the wing tanks and by the 
development of a modification to restore two independent layers of 
lightning strike protection on the wing upper cover. This AD continues 
to require the actions of AD 2021-16-03 and requires a modification to 
restore two independent layers of lightning strike protection, as 
specified in a European Union Aviation Safety Agency (EASA), which is 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective November 29, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 29, 
2022.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://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 
material at the FAA, call 206-231-3195. It is also available in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0678.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0678; 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.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large 
Aircraft Section, FAA, International Validation Branch, 2200 South 
216th St., Des Moines, WA 98198; telephone 206-231-3225; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0011,

[[Page 64376]]

dated January 21, 2022 (EASA AD 2022-0011) (also referred to as the 
MCAI), to correct an unsafe condition for certain Airbus SAS Model 
A350-941 and -1041 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-16-03, Amendment 39-21665 (86 FR 
47555, August 26, 2021) (AD 2021-16-03). AD 2021-16-03 applied to 
certain Airbus SAS Model A350-941 and -1041 airplanes. The NPRM 
published in the Federal Register on June 16, 2022 (87 FR 36276). The 
NPRM was prompted by in-production findings of missing or incorrect 
application of the lightning strike edge glow sealant protection at 
specific locations in the wing tanks and by the development of a 
modification to restore two independent layers of lightning strike 
protection on the wing upper cover. The NPRM proposed to continue to 
require the actions of AD 2021-16-03 and to require a modification to 
restore two independent layers of lightning strike protection, as 
specified in EASA AD 2022-0011.
    The FAA is issuing this AD to address missing or incorrectly 
applied sealant, which in combination with an undetected incorrect 
installation of an adjacent fastener and a lightning strike in the 
immediate area, could result in ignition of the fuel-air mixture inside 
the affected fuel tanks and loss of the airplane. See the MCAI for 
additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety requires adopting this AD as 
proposed. 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. Accordingly, the FAA is issuing this AD to 
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0011 specifies procedures for an inspection for 
missing or incorrect application of the lightning strike edge glow 
sealant protection at certain locations in the wing tanks 
(discrepancies), and corrective action. Corrective actions include 
applying sealant in areas where sealant was found to be missing or 
incorrectly applied. EASA AD 2022-0011 also specifies procedures for a 
modification to restore two independent layers of lightning strike 
protection on the wing upper cover.
    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 27 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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               Action                        Labor cost                  Parts cost                 Cost per product           Cost on U.S.  operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-16-03.  Up to 67 work-hours x    $0...........................  Up to $5,695................  Up to $153,765.
                                       $85 per hour = $5,695.
New actions (modification)..........  Up to 55 work-hours x    Up to 500....................  Up to 5,175.................  Up to $139,725.
                                       $85 per hour = 4,675.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......              $0              $85
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the cost estimate.

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,

[[Page 64377]]

    (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 (AD) 2021-16-03, Amendment 39-21665 
(86 FR 47555, August 26, 2021); and
0
b. Adding the following new AD:

2022-17-09 Airbus SAS: Amendment 39-22147; Docket No. FAA-2022-0678; 
Project Identifier MCAI-2022-00067-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 29, 
2022.

(b) Affected ADs

    This AD replaces AD 2021-16-03, Amendment 39-21665 (86 FR 47555, 
August 26, 2021) (AD 2021-16-03).

(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 2022-0011, dated January 21, 
2022 (EASA AD 2022-0011).

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by in-production findings of missing or 
incorrect application of the lightning strike edge glow sealant 
protection at specific locations in the wing tanks and by the 
development of a modification to restore two independent layers of 
lightning strike protection on the wing upper cover. The FAA is 
issuing this AD to address missing or incorrectly applied sealant, 
which in combination with an undetected incorrect installation of an 
adjacent fastener and a lightning strike in the immediate area, 
could result in ignition of the fuel-air mixture inside the affected 
fuel tanks and loss 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 2022-0011.

(h) Exceptions to EASA AD 2022-0011

    (1) Where EASA AD 2022-0011 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0011 refers to October 27, 2020 (the 
effective date of EASA AD 2020-0220), this AD requires using 
September 30, 2021 (the effective date of AD 2021-16-03).
    (3) Where paragraph (1) of EASA AD 2022-0011 gives a compliance 
time of ``the next scheduled maintenance tank entry, or before 
exceeding 78 months since Airbus date of manufacture, whichever 
occurs first after 27 October 2020 [the effective date of EASA AD 
2020-0220],'' for this AD, the compliance time is the later of the 
times specified in paragraphs (h)(3)(i) and (ii) of this AD.
    (i) The next scheduled maintenance tank entry, or before 
exceeding 78 months since Airbus date of manufacture, whichever 
occurs first after September 30, 2021 (the effective date of AD 
2021-16-03).
    (ii) Within 12 months after September 30, 2021 (the effective 
date of AD 2021-16-03).
    (4) Where paragraph (2) of EASA AD 2022-0011 refers to 
``discrepancies,'' for this AD, discrepancies include missing or 
incorrectly applied sealant.
    (5) Where paragraph (3) of EASA AD 2022-0011 gives a compliance 
time of ``the next scheduled maintenance tank entry, or before 
exceeding 78 months since Airbus date of manufacture, whichever 
occurs first after the effective date of this [EASA] AD,'' for this 
AD, the compliance time is the later of the times specified in 
paragraphs (h)(5)(i) and (ii) of this AD.
    (i) The next scheduled maintenance tank entry, or before 
exceeding 78 months since Airbus date of manufacture, whichever 
occurs first after the effective date of this AD.
    (ii) Within 12 months after the effective date of this AD.
    (6) The ``Remarks'' section of EASA AD 2022-0011 does not apply 
to this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send 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, 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) 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) Related Information

    For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3225; 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 2022-0011, 
dated January 21, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0011, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) 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 material 
at the FAA, call 206-231-3195.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 64378]]


    Issued on August 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-22720 Filed 10-24-22; 8:45 am]
BILLING CODE 4910-13-P

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