Airworthiness Directives; Airbus SAS Airplanes, 75477-75480 [2023-24405]
Agencies
[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Rules and Regulations]
[Pages 75477-75480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24405]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 /
Rules and Regulations
[[Page 75477]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2142; Project Identifier MCAI-2023-01056-T;
Amendment 39-22592; AD 2023-22-08]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-04-
12, which applied to all Airbus SAS Model A350-941 and -1041 airplanes.
AD 2023-04-12 required repetitive detailed inspections of affected
cargo sealing tapes and applicable corrective actions. Since the FAA
issued AD 2023-04-12, additional locations have been identified that
are subject to the unsafe condition. This AD retains the requirements
of AD 2023-04-12 and expands the inspection area, 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 November 20, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 20,
2023.
The FAA must receive comments on this AD by December 18, 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-2023-2142; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For EASA 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 service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available at
regulations.gov under Docket No. FAA-2023-2142.
FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7317; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-2142; Project Identifier MCAI-
2023-01056-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Dat Le,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7317; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
The FAA issued AD 2023-04-12, Amendment 39-22359 (88 FR 12143,
February 27, 2023) (AD 2023-04-12), for all Airbus SAS Model A350-941
and -1041 airplanes. AD 2023-04-12 was prompted by an MCAI originated
by EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued AD 2023-0011, dated January 17, 2023 (EASA
AD 2023-0011), to correct an unsafe condition.
EASA AD 2023-0011 stated that longitudinal sealing tape in the
forward and aft cargo compartments had migrated from its original
position, possibly due to relative movement between the cargo floor
panels and the cargo loading system, combined with compression of the
tape.
[[Page 75478]]
AD 2023-04-12 required repetitive detailed inspection of the
affected parts (i.e., cargo sealing tapes installed between the cargo
floor panels and the cargo loading system in longitudinal direction, in
the forward and aft cargo compartment area), and, depending on
findings, accomplishment of applicable corrective action. The FAA
issued AD 2023-04-12 to address migration of the tape, which can affect
the tightness of the cargo compartment floor panels that provide an
enclosed area to maintain halon concentration in the event of a fire.
This condition, if not addressed, could affect the fire extinguishing
system efficiency in the cargo compartments, possibly resulting in
failure of the system to contain a cargo compartment fire or
permanently extinguish a fire.
Actions Since AD 2023-04-12 Was Issued
Since the FAA issued AD 2023-04-12, EASA issued AD 2023-0011R1,
dated February 23, 2023 (EASA AD 2023-0011R1) to provide dispatch
instructions under the Master Minimum Equipment List. EASA subsequently
superseded EASA AD 2023-0011R1 and issued EASA AD 2023-0176, dated
October 6, 2023 (EASA AD 2023-0176) (also referred to as the MCAI), to
correct an unsafe condition for all Airbus SAS Model A350-941 and -1041
airplanes. The MCAI states that additional parts (cargo sealing tapes
installed between the cargo floor panels and the floor structure in
transversal direction in the bulk cargo compartment area at frame 82)
have been identified as affected by the same potential unsafe
condition.
The FAA is issuing this AD to address the unsafe condition on these
products. You may examine the MCAI in the AD docket at regulations.gov
under Docket No. FAA-2023-2142.
Explanation of Retained Requirements
Although this AD does not explicitly restate the requirements of AD
2023-04-12, this AD retains all of the requirements of AD 2023-04-12.
Those requirements are referenced in EASA AD 2023-0176, which, in turn,
is referenced in paragraph (g) of this AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0176 specifies procedures for the following actions:
Repetitive detailed inspections to detect complete or
partial migration of the cargo sealing tapes (including high speed tape
and glass cloth tape) and existing repairs of affected parts (i.e.,
cargo sealing tapes installed between the cargo floor panels and the
cargo loading system in longitudinal direction, in the forward and aft
cargo compartment area; and cargo sealing tapes installed between the
cargo floor panels and the floor structure in transversal direction, in
the bulk cargo compartment area at frame 82).
Measurement of the maximum migration of partially migrated
tape.
Inspection for incorrect seating or sealant of repaired
tape.
Repair of discrepancies, including cargo sealing tape that
has migrated more than 11 millimeters, complete migration of the tape,
incorrect seating/condition of the tape in repaired areas, and
incorrect sealant condition in repaired areas.
EASA AD 2023-0176 allows deferral of corrective actions through
dispatch of the airplane under specified Airbus A350 Master Minimum
Equipment List items.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2023-0176 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2023-0176 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2023-0176 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2023-0176 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
2023-0176. Service information required by EASA AD 2023-0176 for
compliance will be available at regulations.gov under Docket No. FAA-
2023-2142 after this AD is published.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because migration of the sealing tape can affect the tightness of the
cargo compartment floor panels, which provide an enclosed area to
maintain halon concentration in the event of a fire. Migration of the
sealing tape in the forward and aft cargo compartments could affect the
fire extinguishing system efficiency in the cargo compartments and
possibly result in failure of the system to contain a cargo compartment
fire or permanently extinguish the fire. The additional affected
locations in the bulk cargo compartment further increase the effect on
the fire extinguishing system efficiency by widening the area in which
a halon concentration could perpetuate due to migration of the sealing
tape and increasing the likelihood of a failure to contain a cargo
[[Page 75479]]
compartment fire or permanently extinguish the fire. Accordingly,
notice and opportunity for prior public comment are impracticable and
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 32 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 Up to 1 work-hour $0 Up to $85.......... Up to $2,720.
2023[dash]04[dash]12. x $85 per hour =
$85.
New actions.................... 2 work-hours x $85 0 $170............... $5,440.
per hour = $170.
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The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
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Up to 3 work-hours x $85 per Up to $10......... Up to $265.
hour = $255.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2023-04-12, Amendment 39-22359
(88 FR 12143, February 27, 2023); and
0
b. Adding the following new AD:
2023-22-08 Airbus SAS: Amendment 39-22592; Docket No. FAA-2023-2142;
Project Identifier MCAI-2023-01056-T.
(a) Effective Date
This airworthiness directive (AD) is effective November 20,
2023.
(b) Affected ADs
This AD replaces AD 2023-04-12, Amendment 39-22359 (88 FR 12143,
February 27, 2023) (AD 2023-04-12).
(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 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by the migration of cargo sealing tape from
its original position between the cargo floor panels and the cargo
loading system in the longitudinal direction in the forward and aft
cargo compartment area, and between the cargo floor panels and the
floor structure in the transversal direction in the bulk cargo
compartment area at frame 82. The FAA is issuing this AD to address
this tape migration, which can affect the tightness of the cargo
compartment floor panels that provide an enclosed area to maintain
halon concentration in the event of a fire. This condition, if not
addressed, could affect the fire extinguishing system efficiency in
the cargo compartments, possibly resulting in failure of the system
to contain a cargo compartment fire or permanently extinguish a
fire.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
[[Page 75480]]
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0176, dated October 6, 2023 (EASA AD 2023-0176).
(h) Exceptions to EASA AD 2023-0176
(1) Where EASA AD 2023-0176 refers to ``31 January 2023 [the
effective date of EASA AD 2023-0011],'' this AD requires replacing
those words with ``March 14, 2023 (the effective date of AD 2023-04-
12).''
(2) Where EASA AD 2023-0176 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraph (2) of EASA AD 2023-0176 specifies
accomplishing corrective actions if ``discrepancies, as identified
in the AOT'' are found, for this AD, discrepancies are defined as
cargo sealing tape that has migrated more than 11 millimeters,
complete migration of the tape as shown in Condition B of the
service information reference in EASA AD 2023-0176, incorrect
seating/condition of the tape in repaired areas, and incorrect
sealant condition in repaired areas.
(4) Where paragraph (2) of EASA AD 2023-0176 specifies
accomplishing corrective actions ``in accordance with the
instructions of the AOT,'' for this AD, replace those words with
``in accordance with the instructions of the AOT for the FWD and AFT
cargo compartment areas and in accordance with the instructions of
Airbus AOT A53P016-22, Revision 03, dated September 13, 2023, or
later approved revisions for the BULK cargo compartment areas.''
(5) Where the service information referenced in EASA AD 2023-
0176 specifies use of cargo sealing tape 398FR, this AD also allows
use of cargo sealing tape 398FRP.
(6) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0176.
(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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (j) of this AD. Information may be emailed to: [email protected].
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD 2023-04-12 are approved as
AMOCs for the corresponding provisions of EASA AD 2023-0176 that are
required by paragraph (g) of this AD.
(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 referenced
in EASA AD 2023-0176 that contains paragraphs that are labeled as
RC, the instructions in RC paragraphs, including subparagraphs under
an RC paragraph, must be done to comply with this AD; any
paragraphs, including subparagraphs under those paragraphs, that are
not identified as RC are recommended. The instructions in
paragraphs, including subparagraphs under those paragraphs, 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 instructions
identified as RC can be done and the airplane can be put back in an
airworthy condition. Any substitutions or changes to instructions
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; telephone 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 2023-0176,
dated October 6, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0176, 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. This material may be found in the AD
docket at regulations.gov under Docket No. FAA-2023-2142.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/[email protected]">www.archives.gov/federal-register/cfr/[email protected].
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-24405 Filed 11-1-23; 11:15 am]
BILLING CODE 4910-13-P
