[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Rules and Regulations]
[Pages 51227-51230]
[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

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<PHONE_NUMBER>. 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
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                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
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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.

New actions (modification)......  Up to 103 work-     $500..............  Up to $9,255......  Up to $286,905.
                                   hours x $85 per
                                   hour = $8,775.
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    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).

    (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:<PHONE_NUMBER>; 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<PHONE_NUMBER>.
    (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]
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