Airworthiness Directives; Airbus SAS Airplanes, 51227-51230 [2023-16382]
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Rules and Regulations
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:
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2023–15–02 Embraer S.A. (Type Certificate
Previously Held by Yabora˜ Indu´stria
Aerona´utica S.A.; Embraer S.A.):
Amendment 39–22514; Docket No.
FAA–2023–1636; Project Identifier
MCAI–2023–00369–T.
(a) Effective Date
This airworthiness directive (AD) is
effective August 18, 2023.
ddrumheller on DSK120RN23PROD with RULES1
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model
ERJ 190–300 and –400 airplanes, certificated
in any category, as identified in Ageˆncia
Nacional de Aviac
¸a˜o Civil (ANAC) AD 2023–
02–02R1, effective May 10, 2023 (ANAC AD
2023–02–02R1).
(d) Subject
Air Transport Association (ATA) of
America Code 32, Landing gear.
(e) Unsafe Condition
This AD was prompted by reports of
missing parts on the main landing gear
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(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, ANAC AD 2023–02–02R1.
(h) Exceptions to ANAC AD 2023–02–02R1
(1) Where ANAC AD 2023–02–02R1 refers
to ‘‘01 Mar. 2023, the effective date of the
original issue of this AD,’’ this AD requires
using the effective date of this AD.
(2) Where ANAC AD 2023–02–02R1 refers
to its effective date, this AD requires using
the effective date of this AD.
(3) The ‘‘Alternative methods of
compliance (AMOC)’’ section of ANAC AD
2023–02–02R1 does not apply to this AD.
(i) Additional AD Provisions
PART 39—AIRWORTHINESS
DIRECTIVES
§ 39.13
(MLG) side stay upper spindle assembly. The
FAA is issuing this AD to address a possible
failure of MLG locking elements, which
could cause non-annunciated loss of
downlocking capability and collapse of the
MLG structure during takeoff or landing.
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 (j) 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 ANAC; or ANAC’s
authorized Designee. If approved by the
ANAC Designee, the approval must include
the Designee’s authorized signature.
(j) Additional Information
For more information about this AD,
contact Joshua Bragg, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone 216–316–
6418; email joshua.k.bragg@faa.gov.
(k) 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.
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51227
(i) Ageˆncia Nacional de Aviac
¸a˜o Civil
(ANAC) AD 2023–02–02R1, effective May 10,
2023.
(ii) [Reserved]
(3) For ANAC AD 2023–02–02R1, contact
National Civil Aviation Agency (ANAC),
Aeronautical Products Certification Branch
(GGCP), Rua Dr. Orlando Feirabend Filho,
230—Centro Empresarial Aquarius—Torre
B—Andares 14 a 18, Parque Residencial
Aquarius, CEP 12.246–190—Sa˜o Jose´ dos
Campos—SP, Brazil; telephone 55 (12) 3203–
6600; email: pac@anac.gov.br; internet
anac.gov.br/en/. You may find this ANAC
AD on the ANAC website at
sistemas.anac.gov.br/certificacao/DA/
DAE.asp.
(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 July 19, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–16383 Filed 8–2–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1038; Project
Identifier MCAI–2022–01584–T; Amendment
39–22509; AD 2023–14–09]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2022–17–
09, which applied to certain Airbus SAS
Model A350–941 and –1041 airplanes.
AD 2022–17–09 continued to require
the actions of AD 2021–16–03 and
required a modification to restore two
independent layers of lightning strike
protection. This AD was prompted by
reports of the incorrect application of
lightning strike edge glow sealant
protection at specific locations on the
wing tanks, and a determination that
additional airplanes need to perform a
modification to restore two independent
SUMMARY:
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Rules and Regulations
layers of lightning strike protection on
the wing lower or upper cover. This AD
continues to require the actions in AD
2022–17–09, and also requires restoring
the two independent layers of lightning
strike protection; 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.
This AD is effective September 7,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 7, 2023.
DATES:
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1038; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For material incorporated by
reference 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 material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket at
regulations.gov under Docket No. FAA–
2023–1038.
Dat
Le, Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; phone: 516–228–7317; email:
dat.v.le@faa.gov.
FOR FURTHER INFORMATION CONTACT:
ddrumheller on DSK120RN23PROD with RULES1
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2022–17–09,
Amendment 39–22147 (87 FR 64375,
October 25, 2022) (AD 2022–17–09). AD
2022–17–09 applied to certain Airbus
SAS Model A350–941 and –1041
airplanes. AD 2022–17–09 continued to
require the actions of AD 2021–16–03,
Amendment 39–21665 (86 FR 47555,
August 26, 2021) (an inspection for
missing or incorrect application of the
lightning strike edge glow sealant
protection at certain locations in the
wing tanks, and corrective action), and
required a modification to restore two
independent layers of lightning strike
protection. The FAA issued AD 2022–
17–09 to address missing or incorrectly
applied sealant, which in combination
with an undetected incorrect
installation of an adjacent fastener and
a lightning strike in the immediate area,
could result in ignition of the fuel-air
mixture inside the affected fuel tanks
and loss of the airplane.
The NPRM published in the Federal
Register on May 15, 2023 (88 FR 30914).
The NPRM was prompted by AD 2022–
0250, dated December 14, 2022, issued
by EASA, which is the Technical Agent
for the Member States of the European
Union (EASA AD 2022–0250) (also
referred to as the MCAI). The MCAI
states that occurrences have been
reported from the A350 production line
of missing or incorrect application of
the lightning strike edge glow sealant
protection at specific locations on the
wing tanks. This sealant provides the
second layer or protection to prevent
stringer edge glow in case of lightning
strike. This condition, if not addressed,
combined with a pre-existing
undetected incorrect installation of an
adjacent fastener, could create an
ignition source for the fuel vapor inside
the tanks, which, in case of a lightning
strike of high intensity in the immediate
area, could result in ignition of the fuelair mixture in the affected fuel tank and
consequent loss of the airplane.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1038.
In the NPRM, the FAA proposed to
continue to require the actions in AD
2022–17–09 and require restoring the
two independent layers of lightning
strike protection, as specified in EASA
AD 2022–0250. The FAA is issuing this
AD to address the unsafe condition on
these products.
Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from
Air Line Pilots Association,
International (ALPA) who supported the
NPRM without change.
Conclusion
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
reviewed the relevant data, considered
the comment received, and determined
that air safety requires adopting this AD
as proposed. Accordingly, the FAA is
issuing this AD to address the unsafe
condition on this product. Except for
minor editorial changes, this AD is
adopted as proposed in the NPRM.
None of the changes will increase the
economic burden on any operator.
Related Service Information Under 1
CFR Part 51
EASA AD 2022–0250 specifies
procedures for an inspection for missing
or incorrect application of the lightning
strike edge glow sealant protection at
certain locations in the wing tanks
(discrepancies), and corrective action.
Corrective actions include applying
sealant in areas where sealant was
found to be missing or incorrectly
applied. EASA AD 2022–0250 also
specifies procedures for a modification
to restore two independent layers of
lightning strike protection on the wing
lower or upper cover. This material is
reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD
affects 31 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Retained actions from AD
2022–17–09.
VerDate Sep<11>2014
Labor cost
Parts cost
Cost per product
Up to 122 work-hours ×
$85 per hour = $10,370.
Up to $500 ........................
Up to $10,870 ...................
16:48 Aug 02, 2023
Jkt 259001
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Cost on U.S.
operators
Up to $336,970.
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Rules and Regulations
ESTIMATED COSTS FOR REQUIRED ACTIONS—Continued
Action
New actions (modification)
Labor cost
Up to 103 work-hours ×
$85 per hour = $8,775.
The FAA estimates the following
costs to do any necessary on-condition
action that would be required based on
Cost on U.S.
operators
Parts cost
Cost per product
$500 ..................................
Up to $9,255 .....................
the results of any required actions. The
FAA has no way of determining the
Up to $286,905.
number of aircraft that might need this
on-condition action:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per
product
1 work-hour × $85 per hour = $85 ..........................................................................................................................
$0
$85
According to the manufacturer, some
or all of the costs of this AD may be
covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage for affected
individuals. As a result, the FAA has
included all known costs in the cost
estimate.
Authority for This Rulemaking
List of Subjects in 14 CFR Part 39
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.
ddrumheller on DSK120RN23PROD 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:
VerDate Sep<11>2014
16:48 Aug 02, 2023
Jkt 259001
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2022–17–09, Amendment 39–
22147 (87 FR 64375, October 25, 2022);
and
■ b. Adding the following new AD:
■
■
2023–14–09 Airbus SAS: Amendment 39–
22509; Docket No. FAA–2023–1038;
Project Identifier MCAI–2022–01584–T.
(a) Effective Date
This airworthiness directive (AD) is
effective September 7, 2023.
(b) Affected ADs
This AD replaces AD 2022–17–09,
Amendment 39–22147 (87 FR 64375, October
25, 2022) (AD 2022–17–09).
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(c) Applicability
This AD applies to Airbus SAS Model
A350–941 and –1041 airplanes, certificated
in any category, as identified in European
Union Aviation Safety Agency (EASA) AD
2022–0250, dated December 14, 2022 (EASA
AD 2022–0250).
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports of the
incorrect application of lightning strike edge
glow sealant protection at specific locations
on the wing tanks, and a determination that
additional airplanes need to perform a
modification to restore two independent
layers of lightning strike protection on the
wing lower or upper cover. The FAA is
issuing this AD to address missing or
incorrectly applied sealant, which in
combination with an undetected incorrect
installation of an adjacent fastener and a
lightning strike in the immediate area, could
result in ignition of the fuel-air mixture
inside the affected fuel tanks and loss of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2022–0250.
(h) Exceptions to EASA AD 2022–0250
(1) Where EASA AD 2022–0250 refers to
October 27, 2020 (the effective date of EASA
AD 2020–0220), this AD requires using
September 30, 2021 (the effective date of AD
2021–16–03, Amendment 39–21665 (86 FR
47555, August 26, 2021)).
(2) Where EASA AD 2022–0250 refers to
February 4, 2022 (the effective date of EASA
AD 2022–0011), this AD requires using
November 29, 2022 (the effective date of AD
2022–17–09).
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03AUR1
ddrumheller on DSK120RN23PROD with RULES1
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Rules and Regulations
(3) Where EASA AD 2022–0250 refers to its
effective date, this AD requires using the
effective date of this AD.
(4) Where paragraph (1) of EASA AD 2022–
0250 gives a compliance time of ‘‘the next
scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of
manufacture, whichever occurs first after 27
October 2020 [the effective date of EASA AD
2020–0220],’’ for this AD, the compliance
time is the later of the times specified in
paragraphs (h)(4)(i) and (ii) of this AD.
(i) The next scheduled maintenance tank
entry, or before exceeding 78 months since
Airbus date of manufacture, whichever
occurs first after September 30, 2021 (the
effective date of AD 2021–16–03).
(ii) Within 12 months after September 30,
2021 (the effective date of AD 2021–16–03).
(5) Where paragraph (3) of EASA AD 2022–
0250 gives a compliance time of ‘‘the next
scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of
manufacture, whichever occurs first after 04
February 2022 [the effective date of EASA
AD 2022–0011],’’ for this AD, the compliance
time is the later of the times specified in
paragraphs (h)(5)(i) and (ii) of this AD.
(i) The next scheduled maintenance tank
entry, or before exceeding 78 months since
Airbus date of manufacture, whichever
occurs first after November 29, 2022 (the
effective date of AD 2022–17–09).
(ii) Within 12 months after November 29,
2022 (the effective date of AD 2022–17–09).
(6) Where paragraph (3) of EASA AD 2022–
0250 refers to ‘‘discrepancies,’’ for this AD,
discrepancies include missing or incorrectly
applied sealant.
(7) Where paragraph (4) of EASA AD 2022–
0250 gives a compliance time of ‘‘the next
scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of
manufacture, whichever occurs first after the
effective date of this [EASA] AD,’’ for this
AD, the compliance time is the later of the
times specified in paragraphs (h)(7)(i) and (ii)
of this AD.
(i) The next scheduled maintenance tank
entry, or before exceeding 78 months since
Airbus date of manufacture, whichever
occurs first after the effective date of this AD.
(ii) Within 2 months after the effective date
of this AD.
(8) Where the applicability and group
definitions in EASA AD 2022–0250 specify
manufacturer serial numbers (MSN) in
certain service information, replace the text
‘‘the inspection SB’’ with ‘‘Airbus Service
Bulletin A350–57–P067, dated September 17,
2020.’’
(9) Where the applicability and group
definitions in EASA AD 2022–0250 specify
MSN in certain service information, replace
the text ‘‘the modification SB1’’ with ‘‘Airbus
Service Bulletin A350–57–P070, Revision 1,
dated March 14, 2022.’’
(10) Where the applicability and group
definitions in EASA AD 2022–0250 specify
MSN in certain service information, replace
the text ‘‘the modification SB2’’ with ‘‘Airbus
Service Bulletin A350–57–P072, dated June
24, 2022; Airbus Service Bulletin A350–57–
P073, dated June 24, 2022; or Airbus Service
Bulletin A350–57–P074, dated June 24, 2022;
as applicable.’’
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16:48 Aug 02, 2023
Jkt 259001
(11) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2022–0250.
(i) 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 (j) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or EASA; or Airbus SAS’s
EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must
include the DOA-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (i)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(j) Additional Information
For more information about this AD,
contact Dat Le, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 516–228–7317;
email: dat.v.le@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2022–0250, dated December 14,
2022.
(ii) [Reserved]
(3) For EASA AD 2022–0250, 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.
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(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 July 13, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–16382 Filed 8–2–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0661; Project
Identifier MCAI–2022–00737–Q; Amendment
39–22510; AD 2023–14–10]
RIN 2120–AA64
Airworthiness Directives; Ipeco Pilot
and Co-Pilot Seats
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2019–21–
06, which applied to certain Ipeco
Holdings Limited (Ipeco) pilot and copilot seats. AD 2019–21–06 required
modification and re-identification of the
affected seats, initial and repetitive
inspections of the affected track lock
springs and, depending on the findings,
replacement of the track lock springs
with a part eligible for installation.
Since the FAA issued AD 2019–21–06,
the FAA determined the need for a
mandatory terminating action to the
track lock spring inspections. This AD
is prompted by reports of track lock
spring failures occurring on affected
seats. This AD retains the requirements
of AD 2019–21–06. This AD also adds
a mandatory terminating action for the
initial and repetitive inspections of the
affected track lock springs. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective September 7,
2023.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of September 7, 2023.
SUMMARY:
E:\FR\FM\03AUR1.SGM
03AUR1
]]>Agencies
[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Rules and Regulations]
[Pages 51227-51230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16382]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1038; Project Identifier MCAI-2022-01584-T;
Amendment 39-22509; AD 2023-14-09]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-17-
09, which applied to certain Airbus SAS Model A350-941 and -1041
airplanes. AD 2022-17-09 continued to require the actions of AD 2021-
16-03 and required a modification to restore two independent layers of
lightning strike protection. This AD was prompted by reports of the
incorrect application of lightning strike edge glow sealant protection
at specific locations on the wing tanks, and a determination that
additional airplanes need to perform a modification to restore two
independent
[[Page 51228]]
layers of lightning strike protection on the wing lower or upper cover.
This AD continues to require the actions in AD 2022-17-09, and also
requires restoring the two independent layers of lightning strike
protection; 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 is effective September 7, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 7,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1038; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For material incorporated by reference 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 material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-1038.
FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 516-228-
7317; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2022-17-09, Amendment 39-22147 (87 FR
64375, October 25, 2022) (AD 2022-17-09). AD 2022-17-09 applied to
certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-17-09
continued to require the actions of AD 2021-16-03, Amendment 39-21665
(86 FR 47555, August 26, 2021) (an inspection for missing or incorrect
application of the lightning strike edge glow sealant protection at
certain locations in the wing tanks, and corrective action), and
required a modification to restore two independent layers of lightning
strike protection. The FAA issued AD 2022-17-09 to address missing or
incorrectly applied sealant, which in combination with an undetected
incorrect installation of an adjacent fastener and a lightning strike
in the immediate area, could result in ignition of the fuel-air mixture
inside the affected fuel tanks and loss of the airplane.
The NPRM published in the Federal Register on May 15, 2023 (88 FR
30914). The NPRM was prompted by AD 2022-0250, dated December 14, 2022,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2022-0250) (also referred to as the MCAI).
The MCAI states that occurrences have been reported from the A350
production line of missing or incorrect application of the lightning
strike edge glow sealant protection at specific locations on the wing
tanks. This sealant provides the second layer or protection to prevent
stringer edge glow in case of lightning strike. This condition, if not
addressed, combined with a pre-existing undetected incorrect
installation of an adjacent fastener, could create an ignition source
for the fuel vapor inside the tanks, which, in case of a lightning
strike of high intensity in the immediate area, could result in
ignition of the fuel-air mixture in the affected fuel tank and
consequent loss of the airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1038.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2022-17-09 and require restoring the two independent layers of
lightning strike protection, as specified in EASA AD 2022-0250. The FAA
is issuing this AD to address the unsafe condition on these products.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comment received, and determined that air safety requires adopting this
AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on this product. Except for minor editorial changes,
this AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0250 specifies procedures for an inspection for
missing or incorrect application of the lightning strike edge glow
sealant protection at certain locations in the wing tanks
(discrepancies), and corrective action. Corrective actions include
applying sealant in areas where sealant was found to be missing or
incorrectly applied. EASA AD 2022-0250 also specifies procedures for a
modification to restore two independent layers of lightning strike
protection on the wing lower or upper cover. This material is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 31 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-17- Up to 122 work- Up to $500........ Up to $10,870..... Up to $336,970.
09. hours x $85 per
hour = $10,370.
[[Page 51229]]
New actions (modification)...... Up to 103 work- $500.............. Up to $9,255...... Up to $286,905.
hours x $85 per
hour = $8,775.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85...... $0 $85
------------------------------------------------------------------------
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2022-17-09, Amendment 39-22147
(87 FR 64375, October 25, 2022); and
0
b. Adding the following new AD:
2023-14-09 Airbus SAS: Amendment 39-22509; Docket No. FAA-2023-1038;
Project Identifier MCAI-2022-01584-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 7,
2023.
(b) Affected ADs
This AD replaces AD 2022-17-09, Amendment 39-22147 (87 FR 64375,
October 25, 2022) (AD 2022-17-09).
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2022-0250, dated December 14,
2022 (EASA AD 2022-0250).
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports of the incorrect application of
lightning strike edge glow sealant protection at specific locations
on the wing tanks, and a determination that additional airplanes
need to perform a modification to restore two independent layers of
lightning strike protection on the wing lower or upper cover. The
FAA is issuing this AD to address missing or incorrectly applied
sealant, which in combination with an undetected incorrect
installation of an adjacent fastener and a lightning strike in the
immediate area, could result in ignition of the fuel-air mixture
inside the affected fuel tanks and loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0250.
(h) Exceptions to EASA AD 2022-0250
(1) Where EASA AD 2022-0250 refers to October 27, 2020 (the
effective date of EASA AD 2020-0220), this AD requires using
September 30, 2021 (the effective date of AD 2021-16-03, Amendment
39-21665 (86 FR 47555, August 26, 2021)).
(2) Where EASA AD 2022-0250 refers to February 4, 2022 (the
effective date of EASA AD 2022-0011), this AD requires using
November 29, 2022 (the effective date of AD 2022-17-09).
[[Page 51230]]
(3) Where EASA AD 2022-0250 refers to its effective date, this
AD requires using the effective date of this AD.
(4) Where paragraph (1) of EASA AD 2022-0250 gives a compliance
time of ``the next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after 27 October 2020 [the effective date of EASA AD
2020-0220],'' for this AD, the compliance time is the later of the
times specified in paragraphs (h)(4)(i) and (ii) of this AD.
(i) The next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after September 30, 2021 (the effective date of AD
2021-16-03).
(ii) Within 12 months after September 30, 2021 (the effective
date of AD 2021-16-03).
(5) Where paragraph (3) of EASA AD 2022-0250 gives a compliance
time of ``the next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after 04 February 2022 [the effective date of EASA AD
2022-0011],'' for this AD, the compliance time is the later of the
times specified in paragraphs (h)(5)(i) and (ii) of this AD.
(i) The next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after November 29, 2022 (the effective date of AD 2022-
17-09).
(ii) Within 12 months after November 29, 2022 (the effective
date of AD 2022-17-09).
(6) Where paragraph (3) of EASA AD 2022-0250 refers to
``discrepancies,'' for this AD, discrepancies include missing or
incorrectly applied sealant.
(7) Where paragraph (4) of EASA AD 2022-0250 gives a compliance
time of ``the next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after the effective date of this [EASA] AD,'' for this
AD, the compliance time is the later of the times specified in
paragraphs (h)(7)(i) and (ii) of this AD.
(i) The next scheduled maintenance tank entry, or before
exceeding 78 months since Airbus date of manufacture, whichever
occurs first after the effective date of this AD.
(ii) Within 2 months after the effective date of this AD.
(8) Where the applicability and group definitions in EASA AD
2022-0250 specify manufacturer serial numbers (MSN) in certain
service information, replace the text ``the inspection SB'' with
``Airbus Service Bulletin A350-57-P067, dated September 17, 2020.''
(9) Where the applicability and group definitions in EASA AD
2022-0250 specify MSN in certain service information, replace the
text ``the modification SB1'' with ``Airbus Service Bulletin A350-
57-P070, Revision 1, dated March 14, 2022.''
(10) Where the applicability and group definitions in EASA AD
2022-0250 specify MSN in certain service information, replace the
text ``the modification SB2'' with ``Airbus Service Bulletin A350-
57-P072, dated June 24, 2022; Airbus Service Bulletin A350-57-P073,
dated June 24, 2022; or Airbus Service Bulletin A350-57-P074, dated
June 24, 2022; as applicable.''
(11) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0250.
(i) 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 (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(j) Additional Information
For more information about this AD, contact Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; phone: 516-228-7317; email: [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2022-0250,
dated December 14, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0250, 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 July 13, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-16382 Filed 8-2-23; 8:45 am]
BILLING CODE 4910-13-P
