Airworthiness Directives; Airbus SAS Airplanes, 4114-4117 [2023-01166]

Download as PDF 4114 Federal Register / Vol. 88, No. 15 / Tuesday, January 24, 2023 / Proposed Rules of the local flight standards district office/ certificate holding district office. (k) Additional Information 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. (l) 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) Transport Canada AD CF–2022–22, dated April 22, 2022. (ii) [Reserved] (3) For Transport Canada AD CF–2022–22, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; phone: (888) 663–3639; email: AD-CN@ tc.gc.ca; website: tc.canada.ca/en/aviation. (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: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on January 17, 2023. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–01148 Filed 1–23–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–0023; Project Identifier MCAI–2022–01030–T] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). tkelley on DSK125TN23PROD with PROPOSALS AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2021–08–08, which applies to all Airbus SAS Model A350–941 and –1041 airplanes. AD 2021–08–08 requires SUMMARY: VerDate Sep<11>2014 16:51 Jan 23, 2023 Jkt 259001 replacing affected bleed duct assemblies and bleed gimbals at the wing-to-pylon interface, and prohibits the installation of affected parts. This AD was prompted by a report of a welding quality issue in the gimbal joint of the air bleed duct at each wing-to-pylon interface and the consequent deformation of the gimbal inner ring, and by new findings that affected bleed gimbals were found on certain airplanes that did not have any maintenance record of affected part replacement. This proposed AD would continue to require the actions in AD 2021–08–08 and, for certain airplanes, would require inspection of the bleed gimbals to determine the part number and replacement if necessary, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products. The FAA must receive comments on this proposed AD by March 10, 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–2023–0023; 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 material that will be incorporated by reference (IBR) in this AD, contact EASA, Konrad-AdenauerUfer 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 DATES: PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 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: 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–2023–0023; Project Identifier MCAI–2022–01030–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 E:\FR\FM\24JAP1.SGM 24JAP1 Federal Register / Vol. 88, No. 15 / Tuesday, January 24, 2023 / Proposed Rules You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–0023. placed in the public docket for this rulemaking. Background The FAA issued AD 2021–08–08, Amendment 39–21502 (86 FR 20453, April 20, 2021) (AD 2021–08–08), for all Airbus SAS Model A350–941 and –1041 airplanes. AD 2021–08–08 was prompted by MCAI originated by EASA, which is the Technical Agent for the Member States of the European Union. EASA issued EASA AD 2020–0169R1, dated August 19, 2020 (EASA AD 2020– 0169R1), to correct an unsafe condition. AD 2021–08–08 requires replacing affected bleed duct assemblies and bleed gimbals at the wing-to-pylon interface with serviceable parts. The FAA issued AD 2021–08–08 to address a welding quality issue in the gimbal joint of the air bleed duct located at each wing-to-pylon interface; the inner ring of a gimbal had deformed to an oval shape, which could cause cracking by direct contact between metal parts, and could lead to hot bleed air leakage in the pylon area, and possibly result in loss of the pneumatic system and exposure of the wing structure to high temperatures, and lead to reduced structural integrity of the airplane. Actions Since AD 2021–08–08 Was Issued Since the FAA issued AD 2021–08– 08, EASA superseded EASA AD 2020– 0169R1 and issued EASA AD 2022– 0156, dated August 2, 2022 (EASA AD 2022–0156) (also referred to as the MCAI), to correct an unsafe condition for all Airbus SAS Model A350–941 and –1041 airplanes. Since EASA AD 2020– 0169R1 was issued, affected bleed gimbals at the wing-to-pylon interface have been found installed on certain airplanes without having any maintenance record of affected part replacement. Explanation of Retained Requirements Although this proposed AD does not explicitly restate the requirements of AD 2021–08–08, this proposed AD would retain all of the requirements of AD 2021–08–08. Those requirements are referenced in EASA AD 2022–0156, which, in turn, is referenced in paragraph (g) of this proposed AD. Related Service Information Under 1 CFR Part 51 EASA AD 2022–0156 specifies procedures, for certain airplanes, for replacing affected bleed duct assemblies and bleed gimbals at the wing-to-pylon interface with serviceable parts, and, for certain other airplanes, inspecting each bleed gimbal at the wing-to-pylon interface to determine if it is an affected part and replacing affected parts. EASA AD 2022–0156 also prohibits the installation of an affected part on any airplane. 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 the State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements in This NPRM This proposed AD would require accomplishing the actions specified in 4115 EASA AD 2022–0156 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 2022–0156 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2022–0156 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 2022–0156 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 2022–0156. Service information required by EASA AD 2022–0156 for compliance will be available at regulations.gov under Docket No. FAA–2023–0023 after the FAA final rule is published. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 31 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: tkelley on DSK125TN23PROD with PROPOSALS ESTIMATED COSTS FOR REQUIRED ACTIONS Action Labor cost Parts cost Cost per product Cost on U.S. operators Retained actions (Group 1 airplanes in the MCAI). New proposed actions (Group 2 airplanes in the MCAI). Up to 25 work-hours × $85 per hour = $2,125. 2 work-hours × $85 per hour = $170 ..... Up to $48,800 ........ Up to $50,925 ........ * $0 0 ............................. 170 ......................... 5,270 * The retained replacement from AD 2021–08–08 applies to Group 1 airplanes specified in the MCAI. There are no affected U.S.-registered airplanes in Group 1. The FAA estimates the following costs to do any necessary on-condition action that would be required based on VerDate Sep<11>2014 16:51 Jan 23, 2023 Jkt 259001 the results of any required actions. The FAA has no way of determining the PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 number of aircraft that might need this on-condition action: E:\FR\FM\24JAP1.SGM 24JAP1 4116 Federal Register / Vol. 88, No. 15 / Tuesday, January 24, 2023 / Proposed Rules tkelley on DSK125TN23PROD with PROPOSALS ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Up to 25 work-hours × $85 per hour = $2,125 ....................................... Up to $48,800 ................................ According to the manufacturer, some or all of the costs of this proposed 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. The Proposed Amendment Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. ■ Regulatory Findings The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. VerDate Sep<11>2014 16:51 Jan 23, 2023 Jkt 259001 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: ■ a. Removing Airworthiness Directive (AD) 2021–08–08, Amendment 39– 21502 (86 FR 20453, April 20, 2021); and b. Adding the following new AD: ■ Airbus SAS: Docket No. FAA–2023–0023; Project Identifier MCAI–2022–01030–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by March 10, 2023. (b) Affected ADs This AD replaces AD 2021–08–08, Amendment 39–21502 (86 FR 20453, April 20, 2021) (AD 2021–08–08). (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 a welding quality issue has been identified in the gimbal joint of the air bleed duct located at each wing-to-pylon interface; the inner ring of a gimbal had deformed to an oval shape, which could lead to cracking caused by direct contact between metal parts, and by new findings that affected bleed gimbals were found on certain airplanes that did not have any maintenance record of affected part replacement. The unsafe condition, if not addressed, could result in hot bleed air leakage in the pylon area, and possibly result in loss of the pneumatic system and exposure of the wing structure to high temperatures, and lead to reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 Cost per product Up to $50,925. (g) Requirements Except as specified in paragraphs (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– 0156, dated August 2, 2022 (EASA AD 2022– 0156). (h) Exceptions to EASA AD 2022–0156 (1) Where EASA AD 2022–0156 refers to its effective date, this AD requires using the effective date of this AD. (2) Where paragraph (6) of EASA AD 2022– 0156 refers to August 26, 2020 (the effective date of EASA AD 2020–0169R1), this AD requires using May 25, 2021 (the effective date of AD 2021–08–08). (3) Where the definition of ‘‘Groups’’ in EASA AD 2022–0156 specifies Group 1 airplanes are those manufacturer serial numbers (MSN) listed in certain service information, replace the text ‘‘Airbus Service Bulletin (SB) A350–36–P021 and SB A350– 36–P022’’ with ‘‘Airbus Service Bulletin A350–36–P021, dated January 17, 2020; and Airbus Service Bulletin A350–36–P022, dated January 17, 2020.’’ (4) Where the definition of ‘‘Groups’’ in EASA AD 2022–0156 specifies Group 2 airplanes are those MSN listed in certain service information, replace the text ‘‘Airbus SB A350–36–P029’’ with ‘‘Airbus Service Bulletin A350–36–P029, Revision 01, dated February 3, 2022.’’ (5) This AD does not adopt the Remarks paragraph of EASA AD 2022–0156. (i) No Reporting Requirement Although the service information referenced in EASA AD 2022–0156 specifies to submit certain information to the manufacturer, this AD does not include that requirement. (j) Additional FAA 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 the attention of the person identified in paragraph (k) 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 E:\FR\FM\24JAP1.SGM 24JAP1 Federal Register / Vol. 88, No. 15 / Tuesday, January 24, 2023 / Proposed Rules 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 paragraph (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, 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. tkelley on DSK125TN23PROD with PROPOSALS (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 this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2022–0156, dated August 2, 2022. (ii) [Reserved] (3) For EASA AD 2022–0256, 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 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. (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: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on January 18, 2023. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–01166 Filed 1–23–23; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:51 Jan 23, 2023 Jkt 259001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 80 [Docket No. FDA–2022–N–1635] RIN 0910–AI69 Color Additive Certification; Increase in Fees for Certification Services; Reopening of the Comment Period AGENCY: Food and Drug Administration, HHS. Proposed rule; reopening of the comment period. ACTION: The Food and Drug Administration (FDA or we) is reopening the comment period for the proposed rule, ‘‘Color Additive Certification; Increase in Fees for Certification Services,’’ which published in the Federal Register of November 2, 2022. We are taking this action in response to a request from stakeholders to extend the comment period to allow additional time for interested parties to collect, analyze, and incorporate data to develop comments for this proposed rule. DATES: FDA is reopening the comment period on the proposed rule ‘‘Color Additive Certification; Increase in Fees for Certification Services,’’ which published in the Federal Register on November 2, 2022 (87 FR 66116). Either electronic or written comments must be submitted by March 10, 2023. ADDRESSES: You may submit comments as follows. Please note that late, untimely filed comments will not be considered. The https:// www.regulations.gov electronic filing system will accept comments until 11:59 p.m. Eastern Time at the end of March 10, 2023. Comments received by mail/hand delivery/courier (for written/ paper submissions) will be considered timely if they are received on or before that date. SUMMARY: Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https:// www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 4117 such as medical information, your or anyone else’s Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov. • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). Written/Paper Submissions Submit written/paper submissions as follows: • Mail/Hand Delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in ‘‘Instructions.’’ Instructions: All submissions received must include the Docket No. FDA– 2022–N–1635 for ‘‘Color Additive Certification; Increase in Fees for Certification Services; Reopening of the Comment Period.’’ Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as ‘‘Confidential Submissions,’’ publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240–402–7500. • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states ‘‘THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.’’ We will review this copy, including the claimed confidential information, in our consideration of comments. The second copy, which will have the claimed confidential information redacted/ blacked out, will be available for public viewing and posted on https:// www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this E:\FR\FM\24JAP1.SGM 24JAP1

Agencies

[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Proposed Rules]
[Pages 4114-4117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01166]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0023; Project Identifier MCAI-2022-01030-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 supersede Airworthiness Directive (AD) 
2021-08-08, which applies to all Airbus SAS Model A350-941 and -1041 
airplanes. AD 2021-08-08 requires replacing affected bleed duct 
assemblies and bleed gimbals at the wing-to-pylon interface, and 
prohibits the installation of affected parts. This AD was prompted by a 
report of a welding quality issue in the gimbal joint of the air bleed 
duct at each wing-to-pylon interface and the consequent deformation of 
the gimbal inner ring, and by new findings that affected bleed gimbals 
were found on certain airplanes that did not have any maintenance 
record of affected part replacement. This proposed AD would continue to 
require the actions in AD 2021-08-08 and, for certain airplanes, would 
require inspection of the bleed gimbals to determine the part number 
and replacement if necessary, as specified in a European Union Aviation 
Safety Agency (EASA) AD, which is proposed for incorporation by 
reference. 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 March 10, 
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-2023-0023; 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 material that will be 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.

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-2023-0023; Project Identifier 
MCAI-2022-01030-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

[[Page 4115]]

placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2021-08-08, Amendment 39-21502 (86 FR 20453, 
April 20, 2021) (AD 2021-08-08), for all Airbus SAS Model A350-941 and 
-1041 airplanes. AD 2021-08-08 was prompted by MCAI originated by EASA, 
which is the Technical Agent for the Member States of the European 
Union. EASA issued EASA AD 2020-0169R1, dated August 19, 2020 (EASA AD 
2020-0169R1), to correct an unsafe condition.
    AD 2021-08-08 requires replacing affected bleed duct assemblies and 
bleed gimbals at the wing-to-pylon interface with serviceable parts. 
The FAA issued AD 2021-08-08 to address a welding quality issue in the 
gimbal joint of the air bleed duct located at each wing-to-pylon 
interface; the inner ring of a gimbal had deformed to an oval shape, 
which could cause cracking by direct contact between metal parts, and 
could lead to hot bleed air leakage in the pylon area, and possibly 
result in loss of the pneumatic system and exposure of the wing 
structure to high temperatures, and lead to reduced structural 
integrity of the airplane.

Actions Since AD 2021-08-08 Was Issued

    Since the FAA issued AD 2021-08-08, EASA superseded EASA AD 2020-
0169R1 and issued EASA AD 2022-0156, dated August 2, 2022 (EASA AD 
2022-0156) (also referred to as the MCAI), to correct an unsafe 
condition for all Airbus SAS Model A350-941 and -1041 airplanes. Since 
EASA AD 2020-0169R1 was issued, affected bleed gimbals at the wing-to-
pylon interface have been found installed on certain airplanes without 
having any maintenance record of affected part replacement.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0023.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2021-08-08, this proposed AD would retain all of the 
requirements of AD 2021-08-08. Those requirements are referenced in 
EASA AD 2022-0156, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0156 specifies procedures, for certain airplanes, for 
replacing affected bleed duct assemblies and bleed gimbals at the wing-
to-pylon interface with serviceable parts, and, for certain other 
airplanes, inspecting each bleed gimbal at the wing-to-pylon interface 
to determine if it is an affected part and replacing affected parts. 
EASA AD 2022-0156 also prohibits the installation of an affected part 
on any airplane. 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 the State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0156 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 2022-0156 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0156 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 2022-0156 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-
0156. Service information required by EASA AD 2022-0156 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-0023 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 31 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                   Cost on U.S.
             Action                     Labor cost            Parts cost       Cost per  product     operators
----------------------------------------------------------------------------------------------------------------
Retained actions (Group 1        Up to 25 work-hours x    Up to $48,800.....  Up to $50,925.....            * $0
 airplanes in the MCAI).          $85 per hour = $2,125.
New proposed actions (Group 2    2 work-hours x $85 per   0.................  170...............           5,270
 airplanes in the MCAI).          hour = $170.
----------------------------------------------------------------------------------------------------------------
\*\ The retained replacement from AD 2021-08-08 applies to Group 1 airplanes specified in the MCAI. There are no
  affected U.S.-registered airplanes in Group 1.

    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:

[[Page 4116]]



                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 25 work-hours x $85 per     Up to $48,800.....  Up to $50,925.
 hour = $2,125.
------------------------------------------------------------------------

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2021-08-08, Amendment 39-21502 
(86 FR 20453, April 20, 2021); and
    b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-0023; Project Identifier MCAI-2022-
01030-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 10, 2023.

(b) Affected ADs

    This AD replaces AD 2021-08-08, Amendment 39-21502 (86 FR 20453, 
April 20, 2021) (AD 2021-08-08).

(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 a welding quality issue 
has been identified in the gimbal joint of the air bleed duct 
located at each wing-to-pylon interface; the inner ring of a gimbal 
had deformed to an oval shape, which could lead to cracking caused 
by direct contact between metal parts, and by new findings that 
affected bleed gimbals were found on certain airplanes that did not 
have any maintenance record of affected part replacement. The unsafe 
condition, if not addressed, could result in hot bleed air leakage 
in the pylon area, and possibly result in loss of the pneumatic 
system and exposure of the wing structure to high temperatures, and 
lead to 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 paragraphs (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 
2022-0156, dated August 2, 2022 (EASA AD 2022-0156).

(h) Exceptions to EASA AD 2022-0156

    (1) Where EASA AD 2022-0156 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (6) of EASA AD 2022-0156 refers to August 
26, 2020 (the effective date of EASA AD 2020-0169R1), this AD 
requires using May 25, 2021 (the effective date of AD 2021-08-08).
    (3) Where the definition of ``Groups'' in EASA AD 2022-0156 
specifies Group 1 airplanes are those manufacturer serial numbers 
(MSN) listed in certain service information, replace the text 
``Airbus Service Bulletin (SB) A350-36-P021 and SB A350-36-P022'' 
with ``Airbus Service Bulletin A350-36-P021, dated January 17, 2020; 
and Airbus Service Bulletin A350-36-P022, dated January 17, 2020.''
    (4) Where the definition of ``Groups'' in EASA AD 2022-0156 
specifies Group 2 airplanes are those MSN listed in certain service 
information, replace the text ``Airbus SB A350-36-P029'' with 
``Airbus Service Bulletin A350-36-P029, Revision 01, dated February 
3, 2022.''
    (5) This AD does not adopt the Remarks paragraph of EASA AD 
2022-0156.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0156 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Additional FAA 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 the attention of the person identified in 
paragraph (k) 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

[[Page 4117]]

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 
paragraph (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, Large Aircraft Section, 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0156, 
dated August 2, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0256, 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 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.
    (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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 18, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-01166 Filed 1-23-23; 8:45 am]
BILLING CODE 4910-13-P
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