Airworthiness Directives; Airbus SAS Airplanes, 78535-78538 [2022-27684]

Download as PDF Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Rules and Regulations before installation, has passed an inspection (no defects found) in accordance with the Accomplishment Instructions, paragraphs 2.2 and 2.3 of the ASB, or a combustion chamber outer liner that does not have P/Ns M601– 229.3, M601–229.3A, M601–229.3B, M601– 229.31A, or M601–229.31B. www.archives.gov/federal-register/cfr/ibrlocations.html. (k) Alternative Methods of Compliance (AMOCs) The Manager, ECO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in § 39.19. In accordance with § 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (l)(2) of this AD or email to: ANE-AD-AMOC@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. [FR Doc. 2022–27670 Filed 12–21–22; 8:45 am] lotter on DSK11XQN23PROD with RULES1 (l) Additional Information (1) Refer to European Union Aviation Safety Agency (EASA) AD 2022–0034, dated March 4, 2022, for related information. This EASA AD may be found in the AD docket at regulations.gov under Docket No. FAA– 2022–1239. (2) For more information about this AD, contact Barbara Caufield, Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: (781) 238–7146; email: barbara.caufield@faa.gov. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference 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. (i) GE Aviation Czech s.r.o. (GEAC) Alert Service Bulletin (ASB) ASB–H75–72–40–00– 0056 [01], ASB–M601E–72–40–00–0113 [01], ASB–H80–72–40–00–0099 [01], ASB– M601D–72–40–00–0081 [01], ASB–M601F– 72–40–00–0064 [01], ASB–M601Z–72–40– 00–0063 [01], and ASB–H85–72–40–00–0045 [01] (single document; formatted as service bulletin identifier [revision number]), dated February 16, 2022. (ii) [Reserved] (3) For GEAC service information identified in this AD, contact GE Aviation Czech s.r.o., Beranovy´ch 65, 199 02 Praha 9, Letnˇany, Czech Republic; phone: +420 222 538 111. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222–5110. (5) 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: VerDate Sep<11>2014 16:02 Dec 21, 2022 Jkt 259001 Issued on December 7, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1567; Project Identifier MCAI–2022–00099–T; Amendment 39–22265; AD 2022–25–09] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350–941 and A350–1041 airplanes. This AD was prompted by a report that Heavy Expanded Copper Foil (HECF) patches may not have been installed at all required locations of the upper and lower wing covers. This AD requires a one-time detailed inspection of the affected areas and, depending on findings, accomplishment of applicable corrective actions, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD becomes effective January 6, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 6, 2023. The FAA must receive comments on this AD by February 6, 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 SUMMARY: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 78535 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–1567; 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 street address for Docket Operations is listed above. Material Incorporated by Reference: • 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; website easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu. • 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. It is also available at regulations.gov under Docket No. FAA–2022–1567. 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. FOR FURTHER INFORMATION CONTACT: 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–2022–1567; Project Identifier MCAI–2022–00099–T’’ 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. E:\FR\FM\22DER1.SGM 22DER1 78536 Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Rules and Regulations 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 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 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 lotter on DSK11XQN23PROD with RULES1 EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2022–0015, dated January 26, 2022 (EASA AD 2022–0015) (also referred to as the MCAI), to correct an unsafe condition for certain Airbus SAS Model A350–941 and A350–1041 airplanes. The MCAI states that due to a production quality issue, HECF patches may not have been installed at all required locations of the upper and lower wing covers. This condition, combined with a pre-existing undetected incorrect installation of an adjacent fastener and associated nutcap, if not detected and corrected, could create an ignition source for the fuel vapor inside the fuel tanks, which, in case of a lightning strike of high intensity in the area, could possibly result in ignition of the fuel-air mixture in the affected fuel tank and consequent loss of the airplane. EASA AD 2022– 0015 requires a one-time detailed inspection of the affected areas and, depending on findings, accomplishment of applicable corrective action(s). You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2022–1567. Related Service Information Under 1 CFR Part 51 EASA AD 2022–0015 specifies procedures for a one-time detailed inspection of the affected areas for missing HECF patches and, depending on the inspection results, accomplishment of applicable corrective actions including installing missing HECF patches. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA’s Determination This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI described above. The FAA is issuing this AD after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design. Requirements of This AD This AD requires accomplishing the actions specified in EASA AD 2022– 0015 described previously, except for any differences identified as exceptions in the regulatory text of this 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, EASA AD 2022–0015 is incorporated by reference in this AD. This AD requires compliance with EASA AD 2022–0015 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Using common terms that are the same as the heading of a particular section in EASA AD 2022–0015 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 2022–0015. Service information required by EASA AD 2022–0015 for compliance will be available at regulations.gov under Docket No. FAA–2022–1567 after this AD is published. FAA’s Justification and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. There are currently no domestic operators of these products. Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the forgoing reason(s), the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days. Regulatory Flexibility Act (RFA) The requirements of the RFA do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Costs of Compliance Currently, there are no affected U.S.registered airplanes. If an affected airplane is imported and placed on the U.S. Register in the future, the FAA provides the following cost estimates to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Up to 10.5 work-hours × $85 per hour = Up to $893 .................................................................................. Minimal ................ VerDate Sep<11>2014 16:02 Dec 21, 2022 Jkt 259001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 Cost per product Up to $893. Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Rules and Regulations 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 78537 number of aircraft that might need these on-condition actions: ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost 3.5 work-hours × $85 per hour = $298 .............................................................................................................. Minimal ................ The FAA has received no definitive data on which to base the cost estimates for certain on-condition actions specified in this AD. 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 operators. The FAA does not control warranty coverage for affected operators. As a result, the FAA has included all known costs in the cost estimate. Authority for This Rulemaking 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: ■ 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 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, and (2) Will not affect intrastate aviation in Alaska. VerDate Sep<11>2014 16:02 Dec 21, 2022 Jkt 259001 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: ■ 2022–25–09 Airbus SAS: Amendment 39– 22265; Docket No. FAA–2022–1567; Project Identifier MCAI–2022–00099–T. (a) Effective Date This airworthiness directive (AD) is effective January 6, 2023. (b) Affected ADs None. (c) Applicability This AD applies to Airbus SAS Model A350–941 and A350–1041 airplanes, certificated in any category, as identified in European Union Aviation Safety Agency (EASA) AD 2022–0015, dated January 26, 2022 (EASA AD 2022–0015). (d) Subject Air Transport Association (ATA) of America Code: 57, Wings. (e) Unsafe Condition This AD was prompted by a report that Heavy Expanded Copper Foil (HECF) patches may not have been installed at all required locations of the upper and lower wing covers. The FAA is issuing this AD to address the missing HECF patches combined with a preexisting undetected incorrect installation of an adjacent fastener and associated nut-cap. The unsafe condition, if not addressed, could result in an ignition source for the fuel vapor inside the fuel tanks in case of a lightning strike of high intensity in the area, could result in ignition of the fuel-air mixture in the affected fuel tank and consequent loss of the airplane. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 Cost per product $298 (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 2022–0015. (h) Exceptions to EASA AD 2022–0015 (1) Where EASA AD 2022–0015 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 2022–0015. (i) No Reporting Requirement Although the service information referenced in EASA AD 2022–0015 specifies to submit certain information to the manufacturer, this AD does not include that requirement. (j) Special Flight Permit Special flight permits may be issued in accordance with 14 CFR 21.197 and 21.199 to operate the airplane to a location where the airplane can be modified, provided no passengers are onboard. (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 Airplane’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOAauthorized signature. (3) Required for Compliance (RC): Except as required by paragraph (k)(2) of this AD, if E:\FR\FM\22DER1.SGM 22DER1 78538 Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Rules and Regulations 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 Dat.V.Le@faa.gov. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference 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 2022–0015, dated January 26, 2022. (ii) [Reserved] (3) For EASA AD 2022–0015, 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. (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: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on November 29, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. lotter on DSK11XQN23PROD with RULES1 [FR Doc. 2022–27684 Filed 12–21–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–0588; Project Identifier AD–2022–00114–T; Amendment 39–22249; AD 2022–24–09] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2021–14– 20, which applied to all The Boeing Company Model 737 airplanes. AD 2021–14–20 required repetitive functional tests of the cabin altitude pressure switches, and on-condition actions, including replacement, if necessary. AD 2021–14–20 also required reporting test results. This AD was prompted by data collected from the reports required by AD 2021–14–20, which revealed that the switches were subject to false test failures due to lack of clear instructions for setup of the test adapters during the functional tests. This AD retains the repetitive functional tests and on-condition actions, and specifies certain adapter requirements for the functional tests. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective January 26, 2023. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–0588; 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, 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: Nicole Tsang, Aerospace Engineer, Cabin Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone: 206–231– 3959; email: Nicole.S.Tsang@faa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR VerDate Sep<11>2014 16:02 Dec 21, 2022 Jkt 259001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 part 39 to supersede AD 2021–14–20, Amendment 39–21647 (86 FR 38214, July 20, 2021) (AD 2021–14–20). AD 2021–14–20 applied to all The Boeing Company Model 737 airplanes. The NPRM published in the Federal Register on July 7, 2022 (87 FR 40460). The NPRM was prompted by reports of latent failures of the cabin altitude pressure switches, and the determination that using certain adapters while performing a functional test may lead to false failures of the cabin altitude pressure switches. In the NPRM, the FAA proposed to retain the repetitive functional tests and oncondition actions, and specify certain adapter requirements for the functional tests. The FAA is issuing this AD to address the unexpectedly high rate of latent failure of both pressure switches on the same airplane, which could result in the cabin altitude warning system not activating if the cabin altitude exceeds 10,000 feet, resulting in hypoxia of the flightcrew, and loss of control of the airplane. Discussion of Final Airworthiness Directive Comments The FAA received a comment from the Air Line Pilots Association (ALPA), who supported the NPRM without change. The FAA received additional comments from four commenters, including United Airlines, Delta Air Lines, American Airlines, and Boeing. The following presents the comments received on the NPRM and the FAA’s response to each comment. Request To Revise Note 1 to Paragraph (g) Delta Air Lines (DAL) asked that the FAA revise note 1 to paragraph (g) of the proposed AD to call out equivalent applicable Boeing 737 Aircraft Maintenance Manual (AMM) procedures, in addition to calling out the procedures in the 737 Task Card. DAL stated that the 737 Task Cards called out in Note 1 to paragraph (g) of the proposed AD are not easily accessible to the maintenance personnel performing the tasks on the aircraft. DAL added that the AMM procedure is more commonly used and easily accessed by the Aircraft Maintenance Technician, so the addition of the reference to the AMM procedure avoids potential confusion when the maintenance task is being performed. The FAA agrees with the commenter’s request for the reasons provided. The FAA has revised Note 1 to paragraph (g) of this AD to include the equivalent E:\FR\FM\22DER1.SGM 22DER1

Agencies

[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Rules and Regulations]
[Pages 78535-78538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27684]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1567; Project Identifier MCAI-2022-00099-T; 
Amendment 39-22265; AD 2022-25-09]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A350-941 and A350-1041 airplanes. This AD was 
prompted by a report that Heavy Expanded Copper Foil (HECF) patches may 
not have been installed at all required locations of the upper and 
lower wing covers. This AD requires a one-time detailed inspection of 
the affected areas and, depending on findings, accomplishment of 
applicable corrective actions, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD becomes effective January 6, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 6, 
2023.
    The FAA must receive comments on this AD by February 6, 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-2022-1567; 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 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     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]; website easa.europa.eu. You 
may find this material on the EASA website at ad.easa.europa.eu.
     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. It is also available at 
regulations.gov under Docket No. FAA-2022-1567.

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 data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-1567; Project Identifier MCAI-
2022-00099-T'' 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.

[[Page 78536]]

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 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 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 2022-0015, dated January 26, 2022 
(EASA AD 2022-0015) (also referred to as the MCAI), to correct an 
unsafe condition for certain Airbus SAS Model A350-941 and A350-1041 
airplanes. The MCAI states that due to a production quality issue, HECF 
patches may not have been installed at all required locations of the 
upper and lower wing covers. This condition, combined with a pre-
existing undetected incorrect installation of an adjacent fastener and 
associated nut-cap, if not detected and corrected, could create an 
ignition source for the fuel vapor inside the fuel tanks, which, in 
case of a lightning strike of high intensity in the area, could 
possibly result in ignition of the fuel-air mixture in the affected 
fuel tank and consequent loss of the airplane. EASA AD 2022-0015 
requires a one-time detailed inspection of the affected areas and, 
depending on findings, accomplishment of applicable corrective 
action(s).
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1567.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0015 specifies procedures for a one-time detailed 
inspection of the affected areas for missing HECF patches and, 
depending on the inspection results, accomplishment of applicable 
corrective actions including installing missing HECF patches. This 
material is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
described above. The FAA is issuing this AD after determining that the 
unsafe condition described previously is likely to exist or develop on 
other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2022-0015 described previously, except for any differences identified 
as exceptions in the regulatory text of this 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, 
EASA AD 2022-0015 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2022-0015 in its entirety through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this AD. Using common terms that are the same as 
the heading of a particular section in EASA AD 2022-0015 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 
2022-0015. Service information required by EASA AD 2022-0015 for 
compliance will be available at regulations.gov under Docket No. FAA-
2022-1567 after this AD is published.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    There are currently no domestic operators of these products. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
forgoing reason(s), the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, the FAA provides the following cost estimates to comply with 
this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 10.5 work-hours x $85 per hour =    Minimal...........................  Up to $893.
 Up to $893.
----------------------------------------------------------------------------------------------------------------


[[Page 78537]]

    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
------------------------------------------------------------------------
3.5 work-hours x $85 per hour   Minimal.................            $298
 = $298.
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for certain on-condition actions specified in this AD.
    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 operators. The FAA does not control warranty coverage for 
affected operators. 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, and
    (2) Will not affect intrastate aviation in Alaska.

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 adding the following new airworthiness 
directive:

2022-25-09 Airbus SAS: Amendment 39-22265; Docket No. FAA-2022-1567; 
Project Identifier MCAI-2022-00099-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 6, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and A350-1041 
airplanes, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2022-0015, dated January 26, 
2022 (EASA AD 2022-0015).

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that Heavy Expanded Copper Foil 
(HECF) patches may not have been installed at all required locations 
of the upper and lower wing covers. The FAA is issuing this AD to 
address the missing HECF patches combined with a pre-existing 
undetected incorrect installation of an adjacent fastener and 
associated nut-cap. The unsafe condition, if not addressed, could 
result in an ignition source for the fuel vapor inside the fuel 
tanks in case of a lightning strike of high intensity in the area, 
could result in ignition of the fuel-air mixture in the affected 
fuel tank and consequent 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 2022-0015.

(h) Exceptions to EASA AD 2022-0015

    (1) Where EASA AD 2022-0015 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 
2022-0015.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0015 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the airplane to a location where the 
airplane can be modified, provided no passengers are onboard.

(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 Airplane'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 (k)(2) of this AD, if

[[Page 78538]]

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 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 2022-0015, 
dated January 26, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0015, 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.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-27684 Filed 12-21-22; 8:45 am]
BILLING CODE 4910-13-P
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