Airworthiness Directives; Airbus SAS Airplanes, 30281-30284 [2024-08561]

Download as PDF 30281 Proposed Rules Federal Register Vol. 89, No. 79 Tuesday, April 23, 2024 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–1007; Project Identifier MCAI–2023–01249–T] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2022–13–11, which applies to all Airbus SAS Model A350–941 and –1041 airplanes. AD 2022–13–11 requires revising the existing airplane flight manual (AFM) for airplanes equipped with affected flight control units (FCUs) and replacing any affected FCU with a serviceable FCU. Since the FAA issued AD 2022–13–11, the FAA has determined that it is necessary to expand the applicability of the AFM revision requirement to all Model A350–941 and –1041 airplanes, including those equipped with serviceable FCUs. This proposed AD would continue to require certain actions in AD 2022–13–11, including replacing any affected FCU with a serviceable FCU, expand the requirement to revise the existing AFM for all airplanes, and prohibit the installation of affected parts, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products. ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: The FAA must receive comments on this proposed AD by June 7, 2024. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: DATES: VerDate Sep<11>2014 16:44 Apr 22, 2024 Jkt 262001 • 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–2024–1007; 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, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu. It is also available at regulations.gov under Docket No. FAA– 2024–1007. • 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. FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 562–627–5357; 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–2024–1007; Project Identifier MCAI–2023–01249–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. PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 562–627–5357; email: dat.v.le@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA issued AD 2022–13–11, Amendment 39–22097 (87 FR 39741, July 5, 2022) (AD 2022–13–11), for all Airbus SAS Model A350–941 and –1041 airplanes. AD 2022–13–11 was prompted by an MCAI originated by EASA, which is the Technical Agent for the Member States of the European Union. EASA issued AD 2021–0260, dated November 18, 2021, to correct an unsafe condition. AD 2022–13–11 requires revising the existing AFM to include a procedure on the use of the AFS control panel ALT knob. AD 2022–13–11 also requires replacing any affected FCU with a serviceable FCU, which would terminate the AFM revision following that replacement. The FAA issued AD E:\FR\FM\23APP1.SGM 23APP1 30282 Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Proposed Rules 2022–13–11 to address erroneous target altitude during descent, climb, or goaround, which could result in an unexpected vertical trajectory deviation and loss of correct situational awareness that could potentially result in uncontrolled impact with the ground. Actions Since AD 2022–13–11 Was Issued Since the FAA issued AD 2022–13– 11, EASA superseded 2021–0260 and issued EASA AD 2023–0215, dated December 11, 2023; corrected December 13, 2023 (EASA AD 2023–0215) (also referred to as the MCAI), to correct an unsafe condition for all Airbus SAS Model A350–941 and –1041 airplanes. EASA AD 2023–0215 states that since EASA AD 2021–0260 was issued, several operators reported uncommanded altitude changes on airplanes equipped with serviceable FCUs. Airbus is investigating the cause of these reported events and, as a precautionary measure, expanded the applicability of the AFM Temporary Revision (TR) 121, issue 1.0, to all airplanes, including those equipped with serviceable FCUs. For the reasons described above, EASA AD 2023–0215 partially retains the requirements of the EASA AD 2021–0260, which is superseded, and requires amendment of the applicable AFM by incorporating the AFM TR 121, issue 1.0, for airplanes equipped with serviceable FCUs. EASA AD 2023–0215 is still considered to be an interim action, and further EASA AD action may follow. The FAA is proposing this AD to address erroneous target altitude during descent, climb, or go-around, which could result in an unexpected vertical trajectory deviation and loss of correct situational awareness that could potentially result in uncontrolled impact with the ground. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA– 2024–1007. ddrumheller on DSK120RN23PROD with PROPOSALS1 Explanation of Retained Requirements Although this proposed AD does not explicitly restate the requirements of AD 2022–13–11, this proposed AD would retain certain requirements of AD 2022– 13–11. Those requirements are referenced in EASA AD 2023–0215, which, in turn, is referenced in paragraph (g) of this proposed AD. VerDate Sep<11>2014 16:44 Apr 22, 2024 Jkt 262001 Related Service Information Under 1 CFR Part 51 EASA AD 2023–0215 specifies procedures for revising the existing AFM to include a procedure on the use of the AFS control panel ALT knob for all Airbus SAS Model A350–941 and –1041 airplanes, including the airplanes equipped with serviceable FCUs part number (P/N) C31006AD01; and replacing any affected FCU having P/N C31006AC01 or C31006AB01 with a serviceable FCU having P/N C31006AD01. EASA AD 2023–0215 also prohibits the installation of affected parts. 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 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 retain certain requirements of AD 2022–13–11. This proposed AD would require accomplishing the actions specified in EASA AD 2023–0215 described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD. Compliance With AFM Revisions EASA AD 2023–0215 requires operators to ‘‘inform all flight crews’’ of revisions to the AFM, and thereafter to ‘‘operate the aeroplane accordingly.’’ However, this proposed AD would not specifically require those actions as those actions are already required by FAA regulations. FAA regulations require operators furnish to pilots any changes to the AFM (for example, 14 CFR 121.137), and to ensure the pilots are familiar with the AFM (for example, 14 CFR 91.505). As with any other flightcrew training requirement, training on the updated AFM content is tracked by the operators and recorded in each PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 pilot’s training record, which is available for the FAA to review. FAA regulations also require pilots to follow the procedures in the existing AFM including all updates. 14 CFR 91.9 requires that any person operating a civil aircraft must comply with the operating limitations specified in the AFM. Therefore, including a requirement in this proposed AD to operate the airplane according to the revised AFM would be redundant and unnecessary. 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 2023–0215 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2023–0215 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 2023–0215 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 2023–0215. Service information required by EASA AD 2023–0215 for compliance will be available at regulations.gov under Docket No. FAA–2024–1007 after the FAA final rule is published. Interim Action The FAA considers that this proposed AD would be an interim action. The FAA anticipates that further AD action will follow. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 27 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: E:\FR\FM\23APP1.SGM 23APP1 Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Proposed Rules 30283 ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Up to 6 work-hours × $85 per hour = $510 ............... $27,000 Up to $27,510 ................................ 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. 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) 2022–13–11, Amendment 39– 22097 (87 FR 39741, July 5, 2022); and ■ b. Adding the following new AD: ■ ■ Airbus SAS: Docket No. FAA–2024–1007; Project Identifier MCAI–2023–01249–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by June 7, 2024. (b) Affected ADs This AD replaces AD 2022–13–11, Amendment 39–22097 (87 FR 39741, July 5, 2022) (AD 2022–13–11). (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 22, Auto Flight. (e) Unsafe Condition This AD was prompted by a report of inadvertent auto flight system (AFS) altitude changes on the flight control unit (FCU); an investigation revealed that, depending on the ring selection, failure of the ALT knob on the FCU could change the target altitude. The FAA is issuing this AD to address erroneous target altitude during descent, climb, or goaround, which could result in an unexpected vertical trajectory deviation and loss of correct situational awareness that could potentially result in uncontrolled impact with the ground. (f) Compliance Comply with this AD within the compliance times specified, unless already done. The Proposed Amendment (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 2023–0215, dated December 11, 2023; corrected December 13, 2023 (EASA AD 2023–0215). Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: (h) Exceptions to EASA AD 2023–0215 (1) Where EASA AD 2023–0215 refers to ‘‘02 December 2021 [the effective date of EASA AD 2021–0260],’’ this AD requires List of Subjects in 14 CFR Part 39 ddrumheller on DSK120RN23PROD with PROPOSALS1 PART 39—AIRWORTHINESS DIRECTIVES Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. VerDate Sep<11>2014 16:44 Apr 22, 2024 Jkt 262001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 Cost on U.S. operators Up to $742,770. using August 9, 2022 (the effective date of AD 2022–13–11). (2) Where EASA AD 2023–0215 refers to its effective date, this AD requires using the effective date of this AD. (3) Where paragraphs (1) and (2) of EASA AD 2023–0215 specify to ‘‘inform all flight crews, and thereafter, operate the aeroplane accordingly,’’ this AD does not require those actions as those actions are already required by existing FAA operating regulations. (4) The ‘‘Remarks’’ section of EASA AD 2023–0215 does not apply to this AD. (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: 9-AVS-AIR-730-AMOC@faa.gov. (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. (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: 562–627–5357; 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 2023–0215, dated December 11, 2023; corrected dated December 13, 2023. (ii) [Reserved] (3) For EASA AD 2021–0260 and EASA AD 2023–0215, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@ easa.europa.eu; website easa.europa.eu. You may find these EASA ADs on the EASA website at ad.easa.europa.eu. E:\FR\FM\23APP1.SGM 23APP1 30284 Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Proposed Rules (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 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/ ibr-locations, or email fr.inspection@ nara.gov. Issued on April 17, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–08561 Filed 4–22–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–1005; Project Identifier AD–2022–00996–T] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 767–300 series airplanes. This proposed AD was prompted by a report that some Model 767–300 series airplanes that had been converted into a freighter configuration are missing an electrical bracket for a wire bundle in the main equipment center. This proposed AD would require installing an electrical support bracket and re-installing wire bundles. 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 June 7, 2024. 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 ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:44 Apr 22, 2024 Jkt 262001 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2024–1005; 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, any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For service information identified in this NPRM, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd, MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; website myboeingfleet.com. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St, Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available at regulations.gov under Docket No. FAA– 2024–1005. FOR FURTHER INFORMATION CONTACT: Samuel Dorsey, Aviation Safety Engineer, FAA, 2200 South 216th St, Des Moines, WA 98198; phone: 206– 231–3415; email: samuel.j.dorsey@ 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–2024–1005; Project Identifier AD– 2022–00996–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 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 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 Samuel Dorsey, Aviation Safety Engineer, FAA, 2200 South 216th St, Des Moines, WA 98198; phone: 206–231–3415; email: samuel.j.dorsey@faa.gov. Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA has received a report that certain Model 767–300 series airplanes that have been modified to operate in a freighter configuration by the manufacturer (also referred to as a ‘‘767–300 Boeing Converted Freighter’’ or ‘‘767–300BCF’’) do not have the correct airplane configuration necessary to comply with the requirements of AD 2020–18–16, Amendment 39–21237 (85 FR 62993, October 6, 2020) (AD 2020– 18–16). Specifically, these Model 767– 300 series airplanes are missing an electrical support bracket in the main equipment center, leading to inadequate separation of a wire bundle that includes fuel quantity indicating system (FQIS) wiring. During the design of the replacement cargo floor beams for the freighter conversion, although the bracket and attached wire support clamps were a required design feature to protect the FQIS wiring, the bracket and clamps were omitted from the design of the cargo floor beams. When the passenger configuration floor beams were replaced with the cargo configuration floor beams during modification, the bracket was therefore removed but not replaced. In addition, on some airplanes, clamps were installed around the relevant wire bundles but were not attached to the missing bracket. In either case, the wire bundles that were previously attached to the bracket were left unsecured, affecting the wire separation configuration requirements for the FQIS wiring as defined in the airworthiness limitations (Critical E:\FR\FM\23APP1.SGM 23APP1

Agencies

[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Proposed Rules]
[Pages 30281-30284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08561]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / 
Proposed Rules

[[Page 30281]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1007; Project Identifier MCAI-2023-01249-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) 
2022-13-11, which applies to all Airbus SAS Model A350-941 and -1041 
airplanes. AD 2022-13-11 requires revising the existing airplane flight 
manual (AFM) for airplanes equipped with affected flight control units 
(FCUs) and replacing any affected FCU with a serviceable FCU. Since the 
FAA issued AD 2022-13-11, the FAA has determined that it is necessary 
to expand the applicability of the AFM revision requirement to all 
Model A350-941 and -1041 airplanes, including those equipped with 
serviceable FCUs. This proposed AD would continue to require certain 
actions in AD 2022-13-11, including replacing any affected FCU with a 
serviceable FCU, expand the requirement to revise the existing AFM for 
all airplanes, and prohibit the installation of affected parts, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference (IBR). The FAA is proposing 
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 7, 
2024.

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-2024-1007; 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, contact EASA, Konrad-Adenauer-Ufer 3, 50668 
Cologne, Germany; telephone +49 221 8999 000; email [email protected]; 
website easa.europa.eu. You may find this material on the EASA website 
at ad.easa.europa.eu. It is also available at regulations.gov under 
Docket No. FAA-2024-1007.
     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.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 562-627-
5357; 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-2024-1007; Project Identifier 
MCAI-2023-01249-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, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 562-627-5357; 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 2022-13-11, Amendment 39-22097 (87 FR 39741, July 
5, 2022) (AD 2022-13-11), for all Airbus SAS Model A350-941 and -1041 
airplanes. AD 2022-13-11 was prompted by an MCAI originated by EASA, 
which is the Technical Agent for the Member States of the European 
Union. EASA issued AD 2021-0260, dated November 18, 2021, to correct an 
unsafe condition.
    AD 2022-13-11 requires revising the existing AFM to include a 
procedure on the use of the AFS control panel ALT knob. AD 2022-13-11 
also requires replacing any affected FCU with a serviceable FCU, which 
would terminate the AFM revision following that replacement. The FAA 
issued AD

[[Page 30282]]

2022-13-11 to address erroneous target altitude during descent, climb, 
or go-around, which could result in an unexpected vertical trajectory 
deviation and loss of correct situational awareness that could 
potentially result in uncontrolled impact with the ground.

Actions Since AD 2022-13-11 Was Issued

    Since the FAA issued AD 2022-13-11, EASA superseded 2021-0260 and 
issued EASA AD 2023-0215, dated December 11, 2023; corrected December 
13, 2023 (EASA AD 2023-0215) (also referred to as the MCAI), to correct 
an unsafe condition for all Airbus SAS Model A350-941 and -1041 
airplanes. EASA AD 2023-0215 states that since EASA AD 2021-0260 was 
issued, several operators reported uncommanded altitude changes on 
airplanes equipped with serviceable FCUs. Airbus is investigating the 
cause of these reported events and, as a precautionary measure, 
expanded the applicability of the AFM Temporary Revision (TR) 121, 
issue 1.0, to all airplanes, including those equipped with serviceable 
FCUs. For the reasons described above, EASA AD 2023-0215 partially 
retains the requirements of the EASA AD 2021-0260, which is superseded, 
and requires amendment of the applicable AFM by incorporating the AFM 
TR 121, issue 1.0, for airplanes equipped with serviceable FCUs. EASA 
AD 2023-0215 is still considered to be an interim action, and further 
EASA AD action may follow.
    The FAA is proposing this AD to address erroneous target altitude 
during descent, climb, or go-around, which could result in an 
unexpected vertical trajectory deviation and loss of correct 
situational awareness that could potentially result in uncontrolled 
impact with the ground. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2024-1007.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2022-13-11, this proposed AD would retain certain 
requirements of AD 2022-13-11. Those requirements are referenced in 
EASA AD 2023-0215, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0215 specifies procedures for revising the existing 
AFM to include a procedure on the use of the AFS control panel ALT knob 
for all Airbus SAS Model A350-941 and -1041 airplanes, including the 
airplanes equipped with serviceable FCUs part number (P/N) C31006AD01; 
and replacing any affected FCU having P/N C31006AC01 or C31006AB01 with 
a serviceable FCU having P/N C31006AD01. EASA AD 2023-0215 also 
prohibits the installation of affected parts. 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 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 retain certain requirements of AD 2022-13-
11. This proposed AD would require accomplishing the actions specified 
in EASA AD 2023-0215 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD.

Compliance With AFM Revisions

    EASA AD 2023-0215 requires operators to ``inform all flight crews'' 
of revisions to the AFM, and thereafter to ``operate the aeroplane 
accordingly.'' However, this proposed AD would not specifically require 
those actions as those actions are already required by FAA regulations. 
FAA regulations require operators furnish to pilots any changes to the 
AFM (for example, 14 CFR 121.137), and to ensure the pilots are 
familiar with the AFM (for example, 14 CFR 91.505). As with any other 
flightcrew training requirement, training on the updated AFM content is 
tracked by the operators and recorded in each pilot's training record, 
which is available for the FAA to review. FAA regulations also require 
pilots to follow the procedures in the existing AFM including all 
updates. 14 CFR 91.9 requires that any person operating a civil 
aircraft must comply with the operating limitations specified in the 
AFM. Therefore, including a requirement in this proposed AD to operate 
the airplane according to the revised AFM would be redundant and 
unnecessary.

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 2023-0215 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0215 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 2023-0215 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-
0215. Service information required by EASA AD 2023-0215 for compliance 
will be available at regulations.gov under Docket No. FAA-2024-1007 
after the FAA final rule is published.

Interim Action

    The FAA considers that this proposed AD would be an interim action. 
The FAA anticipates that further AD action will follow.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 27 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

[[Page 30283]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 6 work-hours x $85 per hour =             $27,000   Up to $27,510.............  Up to $742,770.
 $510.
----------------------------------------------------------------------------------------------------------------

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) 2022-13-11, Amendment 39-22097 
(87 FR 39741, July 5, 2022); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2024-1007; Project Identifier MCAI-2023-
01249-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 7, 2024.

(b) Affected ADs

    This AD replaces AD 2022-13-11, Amendment 39-22097 (87 FR 39741, 
July 5, 2022) (AD 2022-13-11).

(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 22, Auto Flight.

(e) Unsafe Condition

    This AD was prompted by a report of inadvertent auto flight 
system (AFS) altitude changes on the flight control unit (FCU); an 
investigation revealed that, depending on the ring selection, 
failure of the ALT knob on the FCU could change the target altitude. 
The FAA is issuing this AD to address erroneous target altitude 
during descent, climb, or go-around, which could result in an 
unexpected vertical trajectory deviation and loss of correct 
situational awareness that could potentially result in uncontrolled 
impact with the ground.

(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 2023-0215, dated December 11, 2023; 
corrected December 13, 2023 (EASA AD 2023-0215).

(h) Exceptions to EASA AD 2023-0215

    (1) Where EASA AD 2023-0215 refers to ``02 December 2021 [the 
effective date of EASA AD 2021-0260],'' this AD requires using 
August 9, 2022 (the effective date of AD 2022-13-11).
    (2) Where EASA AD 2023-0215 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraphs (1) and (2) of EASA AD 2023-0215 specify to 
``inform all flight crews, and thereafter, operate the aeroplane 
accordingly,'' this AD does not require those actions as those 
actions are already required by existing FAA operating regulations.
    (4) The ``Remarks'' section of EASA AD 2023-0215 does not apply 
to this AD.

(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].
    (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.

(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: 562-627-5357; 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 2023-0215, 
dated December 11, 2023; corrected dated December 13, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2021-0260 and EASA AD 2023-0215, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; website easa.europa.eu. You may 
find these EASA ADs on the EASA website at ad.easa.europa.eu.

[[Page 30284]]

    (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 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/ibr-locations, or email [email protected].

    Issued on April 17, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-08561 Filed 4-22-24; 8:45 am]
BILLING CODE 4910-13-P
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