[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Rules and Regulations]
[Pages 75459-75462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26598]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1235; Project Identifier MCAI-2022-00475-T; 
Amendment 39-22273; AD 2022-25-17]
RIN 2120-AA64


Airworthiness Directives; AIRBUS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-07-
10, which applied to all Airbus SAS Model A350-941 and -1041 airplanes. 
AD 2022-07-10 required revising the operator's existing FAA-approved 
minimum equipment list (MEL) to include dispatch restrictions. AD 2022-
07-10 allowed operators to inspect affected parts for discrepancies, 
and do applicable replacements, in order to terminate the revision of 
the operator's existing MEL. AD 2022-07-10 also prohibited the 
installation of affected parts. This AD was prompted by a determination 
that the optional inspection and applicable replacements should be 
required. This AD continues to require the actions in AD 2022-07-10, 
and mandates the inspection of affected parts and applicable 
replacements, as specified in a

[[Page 75460]]

European Union Aviation Safety Agency (EASA) AD, which was incorporated 
by reference. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective January 13, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 20, 
2022 (87 FR 19622, April 5, 2022).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1235; 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 EASA AD 2022-0031, dated February 25, 2022, 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.
     For Kidde Aerospace & Defense service information, contact 
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, Wilson, 
NC 27896; telephone 319-295-5000; website kiddetechnologies.com/aviation.com.
     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-2022-1235.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aerospace Engineer, Large 
Aircraft Section, FAA, International Validation Branch, 2200 South 
216th St., Des Moines, WA 98198; telephone 516-228-7317; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2022-07-10, Amendment 39-21998 (87 FR 
19622, April 5, 2022) (AD 2022-07-10). AD 2022-07-10 applied to all 
Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-07-10 required 
revising the operator's existing FAA-approved MEL to include dispatch 
restrictions. AD 2022-07-10 allowed operators to inspect affected parts 
for discrepancies, and do applicable replacements, in order to 
terminate the revision of the operator's existing MEL. AD 2022-07-10 
also prohibited the installation of affected parts. The FAA issued AD 
2022-07-10 to address undetected thermal bleed leak events that might 
not be isolated during flight, possibly resulting in localized areas of 
the wing structure being exposed to high temperatures and consequent 
reduced structural integrity of the airplane.
    The NPRM published in the Federal Register on September 27, 2022 
(87 FR 58460). The NPRM was prompted by AD 2022-0031, dated February 
25, 2022, issued by EASA, which is the Technical Agent for the Member 
States of the European Union (EASA AD 2022-0031) (referred to after 
this as the MCAI). The MCAI states that certain overheat detection 
system sensing (OHDS) elements may not properly detect thermal bleed 
leak events due to a quality escape during the manufacturing process. 
This condition, if not addressed, could lead to undetected thermal 
bleed leak events that might not be isolated during flight, possibly 
resulting in localized areas of the wing structure being exposed to 
high temperatures and consequent reduced structural integrity of the 
airplane.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2022-07-10, and mandate the inspection of affected parts and 
applicable replacements, as specified in EASA AD 2022-0031. The NPRM 
also proposed to prohibit the installation of affected parts.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1235.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International (ALPA) and two individual commenters 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 
comments 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. This AD is adopted as proposed in 
the NPRM.

Related Service Information Under 1 CFR Part 51

    This AD requires EASA AD 2022-0031, which the Director of the 
Federal Register approved for incorporation by reference as of April 
20, 2022 (87 FR 19622, April 5, 2022).
    This AD also requires Kidde Aerospace & Defense Service Bulletin 
CFD-26-3, dated January 13, 2022, which the Director of the Federal 
Register approved for incorporation by reference as of April 20, 2022 
(87 FR 19622, April 5, 2022).
    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 ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 29 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-07-10...  1 work-hour x $85 per                 $0             $85          $2,465
                                         hour = $85.
New actions...........................  13 work-hours x $85 per                0           1,105          32,045
                                         hour = $1,105.
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[[Page 75461]]

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
optional 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......            $795             $880
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    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

    The FAA has determined that 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 2022-07-10, Amendment 39-21998 (87 
FR 19622, April 5, 2022); and
0
b. Adding the following new airworthiness directive:

2022-25-17 Airbus SAS: Amendment 39-22273; Docket No. FAA-2022-1235; 
Project Identifier MCAI-2022-00475-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 13, 2023.

(b) Affected ADs

    This AD replaces AD 2022-07-10, Amendment 39-21998 (87 FR 19622, 
April 5, 2022) (AD 2022-07-10).

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a report that certain overheat detection 
system (OHDS) sensing elements may not properly detect thermal bleed 
leak events due to a quality escape during the manufacturing 
process, and by a determination that an optional inspection and 
applicable replacements should be required. The FAA is issuing this 
AD to address undetected thermal bleed leak events that might not be 
isolated during flight, possibly resulting in localized areas of the 
wing structure being exposed to high temperatures and consequent 
reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in 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 
2022-0031, dated February 25, 2022 (EASA AD 2022-0031).

(h) Exceptions to EASA AD 2022-0031

    (1) Where paragraphs (1) and (4) of EASA AD 2022-0031 refer to 
its effective date, this AD requires using April 20, 2022 (the 
effective date of AD 2022-07-10).
    (2) Where paragraph (2) of EASA AD 2022-0031 refers to its 
effective date, this AD requires using the effective date of this 
AD.
    (3) Where EASA AD 2022-0031 has a definition for ``Affected 
part'' and refers to ``the VSB [vendor service bulletin]'' for the 
part numbers and date codes, for this AD, use Kidde Aerospace & 
Defense Service Bulletin CFD-26-3, dated January 13, 2022, as ``the 
VSB'' for the part numbers and date codes.
    (4) Where EASA AD 2022-0031 has a definition for ``Groups'' and 
identifies certain airplanes as Group 2 airplanes, replace the text, 
``An aeroplane having an MSN [manufacturer serial number] not listed 
in the Section 1.A of the SB is Group 2, provided it is determined 
that no affected part has been installed on any affected position of 
that aeroplane since Airbus date of manufacture'' with ``An 
aeroplane having an MSN not listed in the Section 1.A of Airbus 
Service Bulletin A350-36-P032, dated December 3, 2021, is Group 2, 
provided it is determined that no affected part has been installed 
on any affected position of that aeroplane since Airbus date of 
manufacture.''
    (5) Where paragraph (1) of EASA AD 2022-0031 specifies 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 
(see 14 CFR 121.628(a)(2) and 14 CFR 121.628(a)(5)).
    (6) Where paragraph (3) of EASA AD 2022-0031 specifies action if 
``any discrepancy as defined in the SB is detected,'' for this AD a 
discrepancy is when the related electronic centralized aircraft 
monitoring (ECAM) warning is not displayed after a heat gun test is 
done.
    (7) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0031.

[[Page 75462]]

(i) No Reporting Requirement and No Return of Parts

    (1) Although the service information referenced in EASA AD 2022-
0031 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.
    (2) Although the service information referenced in EASA AD 2022-
0031 specifies to return certain parts to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k) of this AD. 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 
paragraphs (i) and (j)(2) of this AD, if any service information 
contains procedures or tests that are identified as RC, those 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(k) Additional Information

    For more information about this AD, contact Dat Le, Aerospace 
Engineer, FAA, International Validation Branch, 2200 South 216th 
St., Des Moines, WA 98198; telephone 516-228-7317; email 
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
April 20, 2022 (87 FR 19622, April 5, 2022).
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0031, 
dated February 25, 2022.
    (ii) Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated 
January 13, 2022.
    (4) For EASA AD 2022-0031, 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.
    (5) For Kidde Aerospace & Defense service information, contact 
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, 
Wilson, NC 27896; telephone 319-295-5000; website 
kiddetechnologies.com/aviation.com.
    (6) You may view this service information at 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.
    (7) 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 December 1, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26598 Filed 12-8-22; 8:45 am]
BILLING CODE 4910-13-P


