Airworthiness Directives; AIRBUS, 75459-75462 [2022-26598]

Download as PDF lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Rules and Regulations date. The Agency must determine that the recapitalization plan will meet the physical and financial needs of the property the new owner is likely to obtain the Agency and/or third-party funds, and the property can function successfully until rehabilitation/ recapitalization is complete. (2) Pilot Program Modification to Current Standard Transfer Requirements in 7 CFR 3560: (i) The Agency will waive the necessary reserve requirement adjustment under 7 CFR 3560.406(d)(5). The new owner must address the rehabilitation needs identified in the CNA over a period not to exceed two years after the closing date of the transfer. RD must approve the new owner’s proposed rehabilitation plan and the new owner’s plan to obtain funding for the rehabilitation prior to approval of the transfer. (ii) The Agency will monitor the progress and implementation of the approved plan as part of routine project servicing. The new owner may propose changes to the approved plan; however, RD must authorize in writing any changes before they are implemented. For all simple transfer options, health, safety, environmental, civil rights, and applicable accessibility requirements must be resolved at the time of transfer. The property must be rated ‘‘performing’’ in the internal risk rating tool unless an exception is approved by the Agency. In cases where MFH determines that none of the simple transfer options are viable for a project, the property owner should follow the standard transfer requirements in 7 CFR 3560.406. The Agency may also determine that other servicing actions are more appropriate based on the property’s circumstances. Standard transfer requirements have not changed and are outlined in 7 CFR 3560.406 (https:// ecfr.federalregister.gov/current/title-7/ subtitle-B/chapter-XXXV/part-3560/ subpart-I/section-3560.406) and are available on the Agency’s website at: https://www.rd.usda.gov/sites/default/ files/3560-3chapter07.pdf. For simple transfers, a checklist and other information have been developed and are available by: (1) going to the MFH website at https:// www.rd.usda.gov/programs-services/ multifamily-housing-programs/ multifamily-housing-direct-loans (click on the To Apply tab), (2) contacting the assigned servicing specialist, which can be found at USDA Service Center Agencies Online Services; or (3) refer to the FOR FURTHER INFORMATION CONTACT section in this Notice. VerDate Sep<11>2014 16:21 Dec 08, 2022 Jkt 259001 75459 Transfer Processing Steps A property owner should contact the assigned Field Operations Division (FOD) servicing specialist if interested in a transfer under the pilot program. The FOD servicing specialist will meet with the owner to discuss their goals for the transfer, timelines, prospective buyer(s), possible funding sources, etc. The specialist will review options with the borrower, including prepayment (if applicable), and determine if other servicing actions are needed. If a simple transfer appears possible and the owner is interested, FOD will refer the customer to the Servicing Support Branch in AMD for a consultation. AMD will review simple transfer options with the prospective buyer and seller, along with the streamlined revised checklist. If a standard transfer appears to be the best option, FOD will refer the owner to the appropriate Processing and Report Review Branch in P2 for a consultation. complete a Form AD–3027, USDA Program Discrimination Complaint Form, which can be obtained online at https://www.ascr.usda.gov/complaint_ filing_cust.html, from any USDA office, by calling (866) 632–9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD–3027 form or letter must be submitted to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250–9410; or (2) Fax: (833) 256–1665 or (202) 690– 7442; or (3) Email: Program.Intake@usda.gov. Paperwork Reduction Act The regulatory waivers for this pilot contain no new reporting or recordkeeping burdens under OMB control number 0575–0179 that would require approval under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Joaquin Altoro, Administrator, Rural Housing Service. Non-Discrimination Statement In accordance with Federal civil rights laws and USDA civil rights regulations and policies, the USDA, its Mission Areas, agencies, staff offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language) should contact the responsible Mission Area, agency, or staff office; the USDA TARGET Center at (202) 720–2600 (voice and TTY); or the Federal Relay Service at (800) 877–8339. To file a program discrimination complaint, a complainant should PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 [FR Doc. 2022–26726 Filed 12–8–22; 8:45 am] BILLING CODE 3410–XV–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1235; Project Identifier MCAI–2022–00475–T; Amendment 39–22273; AD 2022–25–17] RIN 2120–AA64 Airworthiness Directives; AIRBUS Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2022–07– 10, which applied to all Airbus SAS Model A350–941 and –1041 airplanes. AD 2022–07–10 required revising the operator’s existing FAA-approved minimum equipment list (MEL) to include dispatch restrictions. AD 2022– 07–10 allowed operators to inspect affected parts for discrepancies, and do applicable replacements, in order to terminate the revision of the operator’s existing MEL. AD 2022–07–10 also prohibited the installation of affected parts. This AD was prompted by a determination that the optional inspection and applicable replacements should be required. This AD continues to require the actions in AD 2022–07– 10, and mandates the inspection of affected parts and applicable replacements, as specified in a SUMMARY: E:\FR\FM\09DER1.SGM 09DER1 75460 Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Rules and Regulations European Union Aviation Safety Agency (EASA) AD, which was incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective January 13, 2023. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 20, 2022 (87 FR 19622, April 5, 2022). ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–1235; 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 AD 2022–0031, dated February 25, 2022, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu. • For Kidde Aerospace & Defense service information, contact Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, Wilson, NC 27896; telephone 319–295–5000; website kiddetechnologies.com/ aviation.com. • 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 regulations.gov under Docket No. FAA– 2022–1235. FOR FURTHER INFORMATION CONTACT: Dat Le, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 516–228– 7317; email dat.v.le@faa.gov. SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2022–07–10, Amendment 39–21998 (87 FR 19622, April 5, 2022) (AD 2022–07–10). AD 2022–07–10 applied to all Airbus SAS Model A350–941 and –1041 airplanes. AD 2022–07–10 required revising the operator’s existing FAA-approved MEL to include dispatch restrictions. AD 2022–07–10 allowed operators to inspect affected parts for discrepancies, and do applicable replacements, in order to terminate the revision of the operator’s existing MEL. AD 2022–07– 10 also prohibited the installation of affected parts. The FAA issued AD 2022–07–10 to address undetected thermal bleed leak events that might not be isolated during flight, possibly resulting in localized areas of the wing structure being exposed to high temperatures and consequent reduced structural integrity of the airplane. The NPRM published in the Federal Register on September 27, 2022 (87 FR 58460). The NPRM was prompted by AD 2022–0031, dated February 25, 2022, issued by EASA, which is the Technical Agent for the Member States of the European Union (EASA AD 2022– 0031) (referred to after this as the MCAI). The MCAI states that certain overheat detection system sensing (OHDS) elements may not properly detect thermal bleed leak events due to a quality escape during the manufacturing process. This condition, if not addressed, could lead to undetected thermal bleed leak events that might not be isolated during flight, possibly resulting in localized areas of the wing structure being exposed to high temperatures and consequent reduced structural integrity of the airplane. In the NPRM, the FAA proposed to continue to require the actions in AD 2022–07–10, and mandate the inspection of affected parts and applicable replacements, as specified in EASA AD 2022–0031. The NPRM also proposed to prohibit the installation of affected parts. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2022–1235. Discussion of Final Airworthiness Directive Comments The FAA received comments from the Air Line Pilots Association, International (ALPA) and two individual commenters who supported the NPRM without change. Conclusion This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered the comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. This AD is adopted as proposed in the NPRM. Related Service Information Under 1 CFR Part 51 This AD requires EASA AD 2022– 0031, which the Director of the Federal Register approved for incorporation by reference as of April 20, 2022 (87 FR 19622, April 5, 2022). This AD also requires Kidde Aerospace & Defense Service Bulletin CFD–26–3, dated January 13, 2022, which the Director of the Federal Register approved for incorporation by reference as of April 20, 2022 (87 FR 19622, April 5, 2022). This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES. Costs of Compliance The FAA estimates that this AD affects 29 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: lotter on DSK11XQN23PROD with RULES1 ESTIMATED COSTS FOR REQUIRED ACTIONS Action Labor cost Retained actions from AD 2022–07–10 ......... New actions .................................................... 1 work-hour × $85 per hour = $85 ................. 13 work-hours × $85 per hour = $1,105 ........ VerDate Sep<11>2014 16:21 Dec 08, 2022 Jkt 259001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Cost per product Parts cost E:\FR\FM\09DER1.SGM $0 0 09DER1 $85 1,105 Cost on U.S. operators $2,465 32,045 Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Rules and Regulations The FAA estimates the following costs to do any necessary on-condition action that would be required based on the results of any optional actions. The FAA has no way of determining the 75461 number of aircraft that might need this on-condition action: ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Cost per product 1 work-hour × $85 per hour = $85 .......................................................................................................................... $795 $880 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. lotter on DSK11XQN23PROD with RULES1 Regulatory Findings The FAA has determined that 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. VerDate Sep<11>2014 16:21 Dec 08, 2022 Jkt 259001 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 2022–07–10, Amendment 39–21998 (87 FR 19622, April 5, 2022); and ■ b. Adding the following new airworthiness directive: ■ ■ 2022–25–17 Airbus SAS: Amendment 39– 22273; Docket No. FAA–2022–1235; Project Identifier MCAI–2022–00475–T. (a) Effective Date This airworthiness directive (AD) is effective January 13, 2023. (b) Affected ADs This AD replaces AD 2022–07–10, Amendment 39–21998 (87 FR 19622, April 5, 2022) (AD 2022–07–10). (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 36, Pneumatic. (e) Unsafe Condition This AD was prompted by a report that certain overheat detection system (OHDS) sensing elements may not properly detect thermal bleed leak events due to a quality escape during the manufacturing process, and by a determination that an optional inspection and applicable replacements should be required. The FAA is issuing this AD to address undetected thermal bleed leak events that might not be isolated during flight, possibly resulting in localized areas of the wing structure being exposed to high PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 temperatures and consequent reduced structural integrity 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, European Union Aviation Safety Agency (EASA) AD 2022–0031, dated February 25, 2022 (EASA AD 2022–0031). (h) Exceptions to EASA AD 2022–0031 (1) Where paragraphs (1) and (4) of EASA AD 2022–0031 refer to its effective date, this AD requires using April 20, 2022 (the effective date of AD 2022–07–10). (2) Where paragraph (2) of EASA AD 2022– 0031 refers to its effective date, this AD requires using the effective date of this AD. (3) Where EASA AD 2022–0031 has a definition for ‘‘Affected part’’ and refers to ‘‘the VSB [vendor service bulletin]’’ for the part numbers and date codes, for this AD, use Kidde Aerospace & Defense Service Bulletin CFD–26–3, dated January 13, 2022, as ‘‘the VSB’’ for the part numbers and date codes. (4) Where EASA AD 2022–0031 has a definition for ‘‘Groups’’ and identifies certain airplanes as Group 2 airplanes, replace the text, ‘‘An aeroplane having an MSN [manufacturer serial number] not listed in the Section 1.A of the SB is Group 2, provided it is determined that no affected part has been installed on any affected position of that aeroplane since Airbus date of manufacture’’ with ‘‘An aeroplane having an MSN not listed in the Section 1.A of Airbus Service Bulletin A350–36–P032, dated December 3, 2021, is Group 2, provided it is determined that no affected part has been installed on any affected position of that aeroplane since Airbus date of manufacture.’’ (5) Where paragraph (1) of EASA AD 2022– 0031 specifies to ‘‘inform all flight crews, and, thereafter, operate the aeroplane accordingly,’’ this AD does not require those actions as those actions are already required by existing FAA operating regulations (see 14 CFR 121.628(a)(2) and 14 CFR 121.628(a)(5)). (6) Where paragraph (3) of EASA AD 2022– 0031 specifies action if ‘‘any discrepancy as defined in the SB is detected,’’ for this AD a discrepancy is when the related electronic centralized aircraft monitoring (ECAM) warning is not displayed after a heat gun test is done. (7) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2022–0031. E:\FR\FM\09DER1.SGM 09DER1 75462 Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Rules and Regulations (i) No Reporting Requirement and No Return of Parts (1) Although the service information referenced in EASA AD 2022–0031 specifies to submit certain information to the manufacturer, this AD does not include that requirement. (2) Although the service information referenced in EASA AD 2022–0031 specifies to return certain parts 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 International Validation Branch, send it to the attention of the person identified in paragraph (k) of this AD. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or EASA; or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (3) Required for Compliance (RC): Except as required by paragraphs (i) and (j)(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. (k) Additional Information For more information about this AD, contact Dat Le, Aerospace Engineer, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 516–228–7317; email dat.v.le@faa.gov. lotter on DSK11XQN23PROD with RULES1 (l) 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 the AD specifies otherwise. VerDate Sep<11>2014 16:21 Dec 08, 2022 Jkt 259001 (3) The following service information was approved for IBR on April 20, 2022 (87 FR 19622, April 5, 2022). (i) European Union Aviation Safety Agency (EASA) AD 2022–0031, dated February 25, 2022. (ii) Kidde Aerospace & Defense Service Bulletin CFD–26–3, dated January 13, 2022. (4) For EASA AD 2022–0031, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this EASA AD on the EASA website at ad.easa.europa.eu. (5) For Kidde Aerospace & Defense service information, contact Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, Wilson, NC 27896; telephone 319–295–5000; website kiddetechnologies.com/aviation.com. (6) You may view this service information at 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. (7) 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: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on December 1, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022–26598 Filed 12–8–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–0995; Project Identifier MCAI–2021–01365–T; Amendment 39–22269; AD 2022–25–13] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc., Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD–700–1A10 and BD–700–1A11 airplanes. This AD was prompted by reports of the passenger door failing to dampen during opening at regularly scheduled maintenance checks, causing the door to open more rapidly than normal. An investigation found that a contributing factor was erroneous aircraft maintenance manual (AMM) SUMMARY: PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 procedures. This AD prohibits using certain versions of certain AMM tasks for the passenger door. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective January 13, 2023. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA– 2022–0995; 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. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aerospace Engineer, Mechanical Systems and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; email 9-avs-nyaco-cos@ faa.gov. 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 Bombardier, Inc., Model BD–700–1A10 and BD–700–1A11 airplanes. The NPRM published in the Federal Register on August 12, 2022 (87 FR 49799). The NPRM was prompted by AD CF–2021–41, dated November 24, 2021, issued by Transport Canada, which is the aviation authority for Canada (referred to after this as the MCAI). The MCAI states that there have been reports of the passenger door failing to dampen during opening at regularly scheduled maintenance checks, causing the door to open more rapidly than normal. An investigation found that a contributing factor was erroneous AMM procedures. In the NPRM, the FAA proposed to prohibit using certain versions of certain AMM tasks for the passenger door. The FAA is issuing this AD to prevent rapid opening of the passenger door, which can result in damage to the door and consequent injury to maintenance personnel. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2022–0995. E:\FR\FM\09DER1.SGM 09DER1

Agencies

[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Rules and Regulations]
[Pages 75459-75462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26598]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1235; Project Identifier MCAI-2022-00475-T; 
Amendment 39-22273; AD 2022-25-17]
RIN 2120-AA64


Airworthiness Directives; AIRBUS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-07-
10, which applied to all Airbus SAS Model A350-941 and -1041 airplanes. 
AD 2022-07-10 required revising the operator's existing FAA-approved 
minimum equipment list (MEL) to include dispatch restrictions. AD 2022-
07-10 allowed operators to inspect affected parts for discrepancies, 
and do applicable replacements, in order to terminate the revision of 
the operator's existing MEL. AD 2022-07-10 also prohibited the 
installation of affected parts. This AD was prompted by a determination 
that the optional inspection and applicable replacements should be 
required. This AD continues to require the actions in AD 2022-07-10, 
and mandates the inspection of affected parts and applicable 
replacements, as specified in a

[[Page 75460]]

European Union Aviation Safety Agency (EASA) AD, which was incorporated 
by reference. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective January 13, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 20, 
2022 (87 FR 19622, April 5, 2022).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1235; 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 AD 2022-0031, dated February 25, 2022, 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.
     For Kidde Aerospace & Defense service information, contact 
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, Wilson, 
NC 27896; telephone 319-295-5000; website kiddetechnologies.com/aviation.com.
     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 
regulations.gov under Docket No. FAA-2022-1235.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aerospace Engineer, Large 
Aircraft Section, FAA, International Validation Branch, 2200 South 
216th St., Des Moines, WA 98198; telephone 516-228-7317; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2022-07-10, Amendment 39-21998 (87 FR 
19622, April 5, 2022) (AD 2022-07-10). AD 2022-07-10 applied to all 
Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-07-10 required 
revising the operator's existing FAA-approved MEL to include dispatch 
restrictions. AD 2022-07-10 allowed operators to inspect affected parts 
for discrepancies, and do applicable replacements, in order to 
terminate the revision of the operator's existing MEL. AD 2022-07-10 
also prohibited the installation of affected parts. The FAA issued AD 
2022-07-10 to address undetected thermal bleed leak events that might 
not be isolated during flight, possibly resulting in localized areas of 
the wing structure being exposed to high temperatures and consequent 
reduced structural integrity of the airplane.
    The NPRM published in the Federal Register on September 27, 2022 
(87 FR 58460). The NPRM was prompted by AD 2022-0031, dated February 
25, 2022, issued by EASA, which is the Technical Agent for the Member 
States of the European Union (EASA AD 2022-0031) (referred to after 
this as the MCAI). The MCAI states that certain overheat detection 
system sensing (OHDS) elements may not properly detect thermal bleed 
leak events due to a quality escape during the manufacturing process. 
This condition, if not addressed, could lead to undetected thermal 
bleed leak events that might not be isolated during flight, possibly 
resulting in localized areas of the wing structure being exposed to 
high temperatures and consequent reduced structural integrity of the 
airplane.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2022-07-10, and mandate the inspection of affected parts and 
applicable replacements, as specified in EASA AD 2022-0031. The NPRM 
also proposed to prohibit the installation of affected parts.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1235.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International (ALPA) and two individual commenters who supported the 
NPRM without change.

Conclusion

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data, considered the 
comments received, and determined that air safety requires adopting 
this AD as proposed. Accordingly, the FAA is issuing this AD to address 
the unsafe condition on this product. This AD is adopted as proposed in 
the NPRM.

Related Service Information Under 1 CFR Part 51

    This AD requires EASA AD 2022-0031, which the Director of the 
Federal Register approved for incorporation by reference as of April 
20, 2022 (87 FR 19622, April 5, 2022).
    This AD also requires Kidde Aerospace & Defense Service Bulletin 
CFD-26-3, dated January 13, 2022, which the Director of the Federal 
Register approved for incorporation by reference as of April 20, 2022 
(87 FR 19622, April 5, 2022).
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 29 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-07-10...  1 work-hour x $85 per                 $0             $85          $2,465
                                         hour = $85.
New actions...........................  13 work-hours x $85 per                0           1,105          32,045
                                         hour = $1,105.
----------------------------------------------------------------------------------------------------------------


[[Page 75461]]

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

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......            $795             $880
------------------------------------------------------------------------

    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

    The FAA has determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2022-07-10, Amendment 39-21998 (87 
FR 19622, April 5, 2022); and
0
b. Adding the following new airworthiness directive:

2022-25-17 Airbus SAS: Amendment 39-22273; Docket No. FAA-2022-1235; 
Project Identifier MCAI-2022-00475-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 13, 2023.

(b) Affected ADs

    This AD replaces AD 2022-07-10, Amendment 39-21998 (87 FR 19622, 
April 5, 2022) (AD 2022-07-10).

(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 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a report that certain overheat detection 
system (OHDS) sensing elements may not properly detect thermal bleed 
leak events due to a quality escape during the manufacturing 
process, and by a determination that an optional inspection and 
applicable replacements should be required. The FAA is issuing this 
AD to address undetected thermal bleed leak events that might not be 
isolated during flight, possibly resulting in localized areas of the 
wing structure being exposed to high temperatures and consequent 
reduced structural integrity 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, European Union Aviation Safety Agency (EASA) AD 
2022-0031, dated February 25, 2022 (EASA AD 2022-0031).

(h) Exceptions to EASA AD 2022-0031

    (1) Where paragraphs (1) and (4) of EASA AD 2022-0031 refer to 
its effective date, this AD requires using April 20, 2022 (the 
effective date of AD 2022-07-10).
    (2) Where paragraph (2) of EASA AD 2022-0031 refers to its 
effective date, this AD requires using the effective date of this 
AD.
    (3) Where EASA AD 2022-0031 has a definition for ``Affected 
part'' and refers to ``the VSB [vendor service bulletin]'' for the 
part numbers and date codes, for this AD, use Kidde Aerospace & 
Defense Service Bulletin CFD-26-3, dated January 13, 2022, as ``the 
VSB'' for the part numbers and date codes.
    (4) Where EASA AD 2022-0031 has a definition for ``Groups'' and 
identifies certain airplanes as Group 2 airplanes, replace the text, 
``An aeroplane having an MSN [manufacturer serial number] not listed 
in the Section 1.A of the SB is Group 2, provided it is determined 
that no affected part has been installed on any affected position of 
that aeroplane since Airbus date of manufacture'' with ``An 
aeroplane having an MSN not listed in the Section 1.A of Airbus 
Service Bulletin A350-36-P032, dated December 3, 2021, is Group 2, 
provided it is determined that no affected part has been installed 
on any affected position of that aeroplane since Airbus date of 
manufacture.''
    (5) Where paragraph (1) of EASA AD 2022-0031 specifies to 
``inform all flight crews, and, thereafter, operate the aeroplane 
accordingly,'' this AD does not require those actions as those 
actions are already required by existing FAA operating regulations 
(see 14 CFR 121.628(a)(2) and 14 CFR 121.628(a)(5)).
    (6) Where paragraph (3) of EASA AD 2022-0031 specifies action if 
``any discrepancy as defined in the SB is detected,'' for this AD a 
discrepancy is when the related electronic centralized aircraft 
monitoring (ECAM) warning is not displayed after a heat gun test is 
done.
    (7) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0031.

[[Page 75462]]

(i) No Reporting Requirement and No Return of Parts

    (1) Although the service information referenced in EASA AD 2022-
0031 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.
    (2) Although the service information referenced in EASA AD 2022-
0031 specifies to return certain parts 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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (k) of this AD. Before using any approved AMOC, notify 
your appropriate principal inspector, or lacking a principal 
inspector, the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraphs (i) and (j)(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.

(k) Additional Information

    For more information about this AD, contact Dat Le, Aerospace 
Engineer, FAA, International Validation Branch, 2200 South 216th 
St., Des Moines, WA 98198; 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 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 the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
April 20, 2022 (87 FR 19622, April 5, 2022).
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0031, 
dated February 25, 2022.
    (ii) Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated 
January 13, 2022.
    (4) For EASA AD 2022-0031, 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 at ad.easa.europa.eu.
    (5) For Kidde Aerospace & Defense service information, contact 
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, 
Wilson, NC 27896; telephone 319-295-5000; website 
kiddetechnologies.com/aviation.com.
    (6) You may view this service information at 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.
    (7) 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 1, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26598 Filed 12-8-22; 8:45 am]
BILLING CODE 4910-13-P
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