Airworthiness Directives; Airbus SAS Airplanes, 76589-76591 [2022-26970]
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Federal Register / Vol. 87, No. 240 / Thursday, December 15, 2022 / Proposed Rules
§ 134.1316 Can a Judge reconsider an
appeal decision?
(a) Any party who has appeared in the
proceeding, or SBA, may request
reconsideration of the OHA appeal
decision by filing with the Judge and
serving a petition for reconsideration on
all the parties to the appeal within
twenty (20) calendar days after service
of the written decision. The request for
reconsideration must clearly show an
error of fact or law material to the
decision. The Judge may also reconsider
a decision on his or her own initiative,
within twenty (20) calendar days after
issuance of the written decision.
(b) The Judge may remand a
proceeding to the D/HUB for a new
HUBZone status protest determination if
the D/HUB fails to address issues of
decisional significance sufficiently, does
not address all the relevant evidence, or
does not identify specifically the
evidence upon which it relied. Once
remanded, OHA no longer has
jurisdiction over the matter, unless a
new appeal is filed as a result of the new
HUBZone status protest determination.
Isabella Casillas Guzman,
Administrator.
[FR Doc. 2022–26873 Filed 12–14–22; 8:45 am]
BILLING CODE 8026–09–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1582; Project
Identifier MCAI–2022–01232–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Airbus SAS Model A350–941
and –1041 airplanes. This proposed AD
was prompted by an in-service
inspection that found overhead storage
compartment (OHSC) crash rods that
were disconnected. This proposed AD
would require a one-time detailed
inspection of the OHSC crash rods and,
depending on findings, corrective
actions, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is proposed for incorporation
by reference (IBR). The FAA is
proposing this AD to address the unsafe
condition on these products.
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
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16:18 Dec 14, 2022
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The FAA must receive comments
on this proposed AD by January 30,
2023.
DATES:
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–2022–1582; 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 that is proposed
for IBR in this NPRM, 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. It is also available at
regulations.gov under Docket No. FAA–
2022–1582.
• For Airbus service information
identified in this NPRM, contact Airbus
SAS, Airworthiness Office—EAL, RondPoint Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5
61 93 36 96; fax +33 5 61 93 45 80; email
continued-airworthiness.a350@
airbus.com; website airbus.com.
• You may view this service
information 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.
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:
ADDRESSES:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
PO 00000
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Sfmt 4702
76589
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2022–1582; Project Identifier
MCAI–2022–01232–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, 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. Any commentary that
the FAA receives which is not
specifically designated as CBI will be
placed in the public docket for this
rulemaking.
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2022–0186,
dated September 13, 2022 (EASA AD
2022–0186) (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 an in-service inspection found
OHSC crash rods that were
disconnected. The investigation
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76590
Federal Register / Vol. 87, No. 240 / Thursday, December 15, 2022 / Proposed Rules
conducted by the manufacturer
determined that this incorrect
installation was due to human error in
the final assembly line. This condition,
if not corrected, could affect the
structural integrity of the OHSC under
emergency landing loads, which could
lead to OHSC detachment, resulting in
injury to occupants and blocking an
escape path during an emergency
evacuation.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2022–1582.
Related Service Information Under 1
CFR Part 51
EASA AD 2022–0186 specifies
procedures for a one-time detailed
inspection for any defect (i.e., OHSC
crash rod is disconnected or the quick
connections are unlocked) of the OHSC
crash rods, and, depending on findings,
corrective actions (i.e., installation or
locking of the quick connections on the
OHSC crash rods.
The FAA also reviewed Airbus
Service Bulletin A350–53–P074, dated
July 29, 2022, which identifies the
affected manufacturer serial numbers.
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.
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 the State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI described 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 2022–0186 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 2022–0186 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2022–0186
in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
EASA AD 2022–0186 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 2022–0186.
Service information required by EASA
AD 2022–0186 for compliance will be
available at regulations.gov under
Docket No. FAA–2022–1582 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 30
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
6 work-hours × $85 per hour = $510 ..........................................................................................
$0
$510
$15,300
The FAA estimates the following
costs to do any necessary on-condition
action 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 this
on-condition action:
lotter on DSK11XQN23PROD with PROPOSALS1
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per
product
2 work-hours × $85 per hour = $170 ......................................................................................................................
$4
$174
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or all
of the costs of this proposed AD may be
covered under warranty, thereby
reducing the cost impact on affected
operators.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
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16:18 Dec 14, 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
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Fmt 4702
Sfmt 4702
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
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Federal Register / Vol. 87, No. 240 / Thursday, December 15, 2022 / Proposed Rules
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
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 adding
the following new airworthiness
directive:
■
Airbus SAS Airplanes: Docket No. FAA–
2022–1582; Project Identifier MCAI–
2022–01232–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by January 30,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A350–941 and –1041 airplanes, certificated
in any category, having manufacturer serial
numbers identified in Airbus Service
Bulletin A350–53–P074, dated July 29, 2022.
lotter on DSK11XQN23PROD with PROPOSALS1
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by an in-service
inspection that found overhead storage
compartment (OHSC) crash rods that were
disconnected. The FAA is issuing this AD to
address this incorrect installation, which
could affect the structural integrity of the
OHSC under emergency landing loads. The
unsafe condition, if not addressed, could lead
to OHSC detachment, resulting in injury to
occupants and blocking an escape path
during an emergency evacuation.
VerDate Sep<11>2014
16:18 Dec 14, 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) and (i)
of this AD: Comply with all required actions
and compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2022–0186, dated
September 13, 2022 (EASA AD 2022–0186).
(h) Exceptions to EASA AD 2022–0186
(1) Where EASA AD 2022–0186 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2022–0186.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2022–0186 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Special Flight Permit
Special flight permits, as described in 14
CFR 21.197 and 21.199, are not allowed.
(k) 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 (l) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
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 (k)(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
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Fmt 4702
Sfmt 9990
76591
changes to procedures or tests identified as
RC require approval of an AMOC.
(l) Additional Information
For more information about this AD,
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.
(m) 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) Airbus Service Bulletin A350–53–P074,
dated July 29, 2022.
(ii) European Union Aviation Safety
Agency (EASA) AD 2022–0186, dated
September 13, 2022.
(3) For Airbus service information
identified in this AD, contact Airbus SAS,
Airworthiness Office—EAL, Rond-Point
Emile Dewoitine No: 2, 31700 Blagnac Cedex,
France; telephone +33 5 61 93 36 96; fax +33
5 61 93 45 80; email continuedairworthiness.a350@airbus.com; website
airbus.com.
(4) For EASA AD 2022–0186, 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) You may view this service information
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.
(6) You may view this service information
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 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–26970 Filed 12–14–22; 8:45 am]
BILLING CODE 4910–13–P
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Agencies
[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Proposed Rules]
[Pages 76589-76591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26970]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1582; Project Identifier MCAI-2022-01232-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 and -1041 airplanes. This
proposed AD was prompted by an in-service inspection that found
overhead storage compartment (OHSC) crash rods that were disconnected.
This proposed AD would require a one-time detailed inspection of the
OHSC crash rods and, depending on findings, corrective actions, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference (IBR). The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by January 30,
2023.
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-2022-1582; 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 that is proposed for IBR in this NPRM,
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. It is
also available at regulations.gov under Docket No. FAA-2022-1582.
For Airbus service information identified in this NPRM,
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 45 80; email airbus.com">[email protected]airbus.com; website airbus.com.
You may view this service information 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.
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:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1582; Project Identifier
MCAI-2022-01232-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, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 516-228-7317; email [email protected]. Any commentary that the
FAA receives which is not specifically designated as CBI will be placed
in the public docket for this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0186, dated September 13, 2022
(EASA AD 2022-0186) (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 an in-service inspection found OHSC
crash rods that were disconnected. The investigation
[[Page 76590]]
conducted by the manufacturer determined that this incorrect
installation was due to human error in the final assembly line. This
condition, if not corrected, could affect the structural integrity of
the OHSC under emergency landing loads, which could lead to OHSC
detachment, resulting in injury to occupants and blocking an escape
path during an emergency evacuation.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1582.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0186 specifies procedures for a one-time detailed
inspection for any defect (i.e., OHSC crash rod is disconnected or the
quick connections are unlocked) of the OHSC crash rods, and, depending
on findings, corrective actions (i.e., installation or locking of the
quick connections on the OHSC crash rods.
The FAA also reviewed Airbus Service Bulletin A350-53-P074, dated
July 29, 2022, which identifies the affected manufacturer serial
numbers.
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.
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 the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described 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 2022-0186 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 2022-0186 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0186 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2022-0186 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 2022-
0186. Service information required by EASA AD 2022-0186 for compliance
will be available at regulations.gov under Docket No. FAA-2022-1582
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 30 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510........................... $0 $510 $15,300
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170.... $4 $174
------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and 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
[[Page 76591]]
responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Airbus SAS Airplanes: Docket No. FAA-2022-1582; Project Identifier
MCAI-2022-01232-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 30, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, having manufacturer serial
numbers identified in Airbus Service Bulletin A350-53-P074, dated
July 29, 2022.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by an in-service inspection that found
overhead storage compartment (OHSC) crash rods that were
disconnected. The FAA is issuing this AD to address this incorrect
installation, which could affect the structural integrity of the
OHSC under emergency landing loads. The unsafe condition, if not
addressed, could lead to OHSC detachment, resulting in injury to
occupants and blocking an escape path during an emergency
evacuation.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0186, dated September 13, 2022 (EASA AD 2022-0186).
(h) Exceptions to EASA AD 2022-0186
(1) Where EASA AD 2022-0186 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0186.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2022-0186
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Special Flight Permit
Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed.
(k) 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 (l) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA 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 (k)(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.
(l) Additional Information
For more information about this AD, 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].
(m) 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) Airbus Service Bulletin A350-53-P074, dated July 29, 2022.
(ii) European Union Aviation Safety Agency (EASA) AD 2022-0186,
dated September 13, 2022.
(3) For Airbus service information identified in this AD,
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93
36 96; fax +33 5 61 93 45 80; email airbus.com">[email protected]airbus.com; website airbus.com.
(4) For EASA AD 2022-0186, 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) You may view this service information 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.
(6) You may view this service information 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 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26970 Filed 12-14-22; 8:45 am]
BILLING CODE 4910-13-P