[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Proposed Rules]
[Pages 36276-36279]
[FR Doc No: 2022-12933]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0678; Project Identifier MCAI-2022-00067-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2021-16-03, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2021-16-03 requires 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. Since the FAA issued AD 2021-16-03, a modification was
developed to restore two independent layers of lightning strike
protection on the wing upper cover. This proposed AD would continue to
require the actions of AD 2021-16-03 and would require a modification
to restore two independent layers of lightning strike protection, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference. 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 August 1,
2022.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this material on the EASA website at
https://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 https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0678.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0678; 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.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; 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-2022-0678; Project Identifier

MCAI-2022-00067-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
https://www.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 Dan
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; 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 2021-16-03, Amendment 39-21665 (86 FR 47555,
August 26, 2021) (AD 2021-16-03), which applies to certain Airbus SAS
Model A350-941 and -1041 airplanes. AD 2021-16-03 requires 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. The FAA issued AD 2021-16-03 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.

Actions Since AD 2021-16-03 Was Issued

    Since the FAA issued AD 2021-16-03, Airbus developed new service
information to address this issue by providing a modification to
aircraft wing upper cover locations that may be affected. Embodiment of
this modification ensures that the correction of missing sealant will
restore the two independent layers of lightning strike protection. In
addition, the compliance time for the inspections was revised from
``the next scheduled maintenance tank entry, or before exceeding 6
years from Airbus date of manufacture'' to ``the next scheduled
maintenance tank entry, or before exceeding 78 months since Airbus date
of manufacture.''
    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0011, dated January 21, 2022
(EASA AD 2022-0011) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A350-941 and -1041
airplanes.
    This proposed AD was prompted by in-production findings of missing
or incorrect application of the lightning strike edge glow sealant
protection at specific locations in the wing tanks, and by the
development of a modification to restore two independent layers of
lightning strike protection on the wing upper cover. The FAA is
proposing 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. See the MCAI for additional background
information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2021-16-03, this proposed AD would retain all of the
requirements of AD 2021-16-03. Those requirements are referenced in
EASA AD 2022-0011, which, in turn, is referenced in paragraph (g) of
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0011 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 2022-0011 also specified procedures for a
modification to restore two independent layers of lightning strike
protection on the wing 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.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the 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 these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0011 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed 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, the
FAA proposes to incorporate EASA AD 2022-0011 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0011 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 2022-0011 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 2022-
0011.

Service information required by EASA AD 2022-0011 for compliance will
be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0678 after the FAA final rule is
published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 27 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                                          Estimated Costs for Required Actions
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               Action                      Labor cost                  Parts cost                 Cost per  product           Cost on U.S.  operators
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Retained actions from AD 2021-16-03  Up to 67 work-hours x   $0...........................  Up to $5,695.................  Up to $153,765.
                                      $85 per hour = $5,695.
New proposed actions (modification)  Up to 55 work-hours x   Up to $500...................  Up to $5,175.................  Up to $139,725.
                                      $85 per hour = $4,675.
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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
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                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......              $0              $85
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    According to the manufacturer, some or all of the costs of this
proposed 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 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) 2021-16-03, Amendment 39-21665
(86 FR 47555, August 26, 2021); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-0678; Project Identifier MCAI-2022-
00067-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by August 1, 2022.

(b) Affected ADs

    This AD replaces AD 2021-16-03, Amendment 39-21665 (86 FR 47555,
August 26, 2021) (AD 2021-16-03).

(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 2022-0011, dated January 21,
2022 (EASA AD 2022-0011).

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by in-production findings of missing or
incorrect application of the lightning strike edge glow sealant
protection at specific locations in the wing tanks and by the
development of a modification to restore two independent layers of
lightning strike protection on the wing 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 2022-0011.

(h) Exceptions to EASA AD 2022-0011

    (1) Where EASA AD 2022-0011 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0011 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).
    (3) Where paragraph (1) of EASA AD 2022-0011 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)(3)(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 September30, 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).
    (4) Where paragraph (2) of EASA AD 2022-0011 refers to
``discrepancies,'' for this AD, discrepancies include missing or
incorrectly applied sealant.
    (5) Where paragraph (3) of EASA AD 2022-0011 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)(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 the effective date of this AD.
    (ii) Within 12 months after the effective date of this AD.
    (6) The ``Remarks'' section of EASA AD 2022-0011 does not apply
to this AD.

(i) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j)(2) 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, Large Aircraft
Section, 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) Related Information

    (1) For EASA AD 2022-0011, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. You may
view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0678.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

    Issued on June 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-12933 Filed 6-15-22; 8:45 am]
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