[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69008-69011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22085]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1056; Project Identifier MCAI-2023-00179-T; 
Amendment 39-22563; AD 2023-20-04]
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 adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A350-941 and A350-1041 airplanes. This AD is 
prompted by reports that excessively deep spot faces on the front 
engine mounting bolt holes on the wing pylon were detected on the 
production line. This AD requires a one-time inspection for clash 
(interference) of the three front engine mounting bolt holes on both 
the left and right wing pylons, and, depending on findings, 
accomplishment of applicable corrective actions, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is incorporated 
by reference. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective November 9, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 9, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1056; 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:
    <bullet> For material incorporated by reference in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#1150556251747062703f7464637e61703f7464"><span class="__cf_email__" data-cfemail="69282d1a290c081a08470c1c1b061908470c1c">[email protected]</span></a>; website easa.europa.eu. You may 
find this material on the EASA website ad.easa.europa.eu.
    <bullet> You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
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-2023-1056.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7317; email <a href="/cdn-cgi/l/email-protection#670306134911490b022701060649000811"><span class="__cf_email__" data-cfemail="3c585d48124a1250597c5a5d5d125b534a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus SAS 
Model A350-941 and A350-1041 airplanes. The NPRM published in the 
Federal Register on June 1, 2023 (88 FR 35785). The NPRM was prompted 
by AD 2023-0026, dated January 30, 2023, issued by EASA (EASA AD 2023-
0026) (also referred to as the MCAI), which is the Technical Agent for 
the Member States of the European Union. The MCAI states excessively 
deep spot faces have been detected on the production line on rib 1 at 
the level of the front engine mount bolting. This could cause possible 
integration issues between the pylon and the front engine mount, which 
could lead to interference damage. This condition, if not detected and 
corrected, could lead to a reduced fatigue life, which could adversely 
affect the structural integrity of the airplane.
    In the NPRM, the FAA proposed to require a one-time inspection for 
clash (interference) of the three front engine mounting bolt holes on 
both the left and right wing pylons, and, depending on findings, 
accomplishment of applicable corrective actions, as specified in EASA 
AD 2023-0026. The FAA is issuing this AD to address the unsafe 
condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1056.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.
    The FAA received additional comments from Delta Air Lines (Delta). 
The following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request for Another Exception to the MCAI

    Delta requested an exception to require only accomplishment of 
Airbus Service Bulletin A350-71-P011, Revision 01, dated December 20, 
2022 (ASB A350-71-P011) and Airbus Service Bulletin A350-71-P015, dated 
December 20, 2022 (ASB A350-71-P015), ``in accordance'' with steps in 
those bulletins. Otherwise, the ``in accordance with'' in Airbus 
Service Bulletin A350-54-P006, Rev 01, dated December 20, 2022 (ASB 
A350-54-P006), and Airbus Service Bulletin A350-54-P008, dated December 
20, 2022 (ASB A350-54-P008) might otherwise be inferred as requiring 
the entire service bulletin, ASB A350-71-P011 or ASB A350-71-P015, as 
mandatory.
    Delta explained that ASB A350-54-P006 and ASB A350-54-P008 required 
to be accomplished by EASA AD 2023-0026, use the ``in accordance with'' 
language to call for implementation of ASB A350-71-P011, and ASB A350-
71-P015 and states that ASB A350-71-P011 and ASB A350-71-P015 do not 
have the paragraph specifying ``Required for compliance'' (RC) actions. 
Delta states this might infer the entire ASB A350-71-P011 or ASB A350-
71-P015 must be accomplished for AD compliance.
    The FAA agrees to clarify. The FAA AD refers to EASA AD 2023-0026, 
which requires following the mandatory (required for compliance) 
actions in ASB A350-54-P006 and ASB A350-54-P008. These two service 
bulletins include RC actions that specify that specific actions must be 
done in

[[Page 69009]]

accordance with ASB A350-71-P011 and ASB A350-71-P015. Additionally, 
ASB A350-71-P011 and ASB A350-71-P015, specify in a note within the 
accomplishment instructions that ``access and close-up instructions, 
not comprising return to service tests'' can be omitted or amended to 
add flexibility to their maintenance operations as long as the 
technical intent is met. Therefore, the required actions in ASB A350-
71-P011 and ASB A350-71-P015 are those that are not specified as access 
or close-up instructions, and are the actions specifically described by 
ASB A350-54-P006 and ASB A350-54-P008. As an example, ASB A350-54-P006 
specifies to ``Disassemble the retention bracket assy and the 3 pylon 
bolt assemblies during engine removal'', for which the technical intent 
of the ASB A350-54-P006 is to comply with the instructions in ASB A350-
71-P011 that include these actions.

Request for Clarification if the Test Section in the Bulletins Are 
Required

    Delta requested clarification on whether the Test Section in ASB 
A350-54-P006, ASB A350-54-P008, ASB A350-71-P011, and ASB A350-71-P015 
are required. The instructions do not use ``in accordance with'' or 
``refer to'' language, leaving confusion.
    The ``Test'' sections of ASB A350-54-P006 and ASB A350-54-P008 
require the accomplishment of tests given in other topics which are 
referenced in ASB A350-71-P011 or ASB A350-71-P015. The ``Test'' 
sections of ASB A350-71-P011 and ASB A350-71-P015 state ``Do the test 
procedure as specified in the installation of the demountable power 
plant (FIN 4000EM1 or 2), refer to MP A350-A-71-00-51-00ZZZ-720Z-A.''
    The FAA provides the following clarification. The tests specified 
in ASB A350-54-P006 and ASB A350-54-P008 are required. The Required for 
Compliance section of the Accomplishment Instructions states that 
paragraph 3.E. are RC. Any mandatory language, such as accomplishment 
of tests, in 3.E. is therefore required. As described by the commenter, 
since the Test sections of ASB A350-54-P006 and ASB A350-54-P008 
specify that the accomplishment of Tests given in other topics are also 
required, therefore the Test sections in ASB A350-71-P011 and ASB A350-
71-P015 are also required. The FAA has not changed this AD as a result 
of this comment.

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. 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 2023-0026 specifies procedures for a one-time inspection 
for clash of the three pylon bolt holes at rib 1 (forward engine 
attachment on pylon), on both the left and right wing pylons, and 
applicable corrective actions. Corrective actions include installing 
the post-mod retention bracket assembly; accomplishing a detailed 
inspection and a high frequency eddy current (HFEC) inspection or a 
penetrant inspection on rib 1 for damage (cracks, scratches, or erosion 
of the protective coating); measuring the spot face depth and pylon 
thickness and obtaining and following instructions if incorrect spot 
face depth or pylon thickness at the spot face are found; and repair. 
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
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
56 work-hours x $85 per hour = $4,760........................              $0           $4,760         $147,560
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
10 work-hours x $85 per hour = $850...             $10             $860
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this AD.

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

[[Page 69010]]

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 adding the following new airworthiness 
directive:

2023-20-04 Airbus SAS: Amendment 39-22563; Docket No. FAA-2023-1056; 
Project Identifier MCAI-2023-00179-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 9, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and A350-1041 
airplanes, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2023-0026, dated January 30, 
2023 (EASA AD 2023-0026).

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.

(e) Unsafe Condition

    This AD was prompted by reports that excessively deep spot faces 
on the front engine mounting bolt holes on the wing pylon were 
detected on the production line. The FAA is issuing this AD to 
address potential integration issues between the pylon and the front 
engine mount, which could lead to interference damage. The unsafe 
condition, if not addressed, could result in reduced fatigue life, 
which could adversely affect the 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, EASA AD 2023-0026.

(h) Exceptions to EASA AD 2023-0026

    (1) Where EASA AD 2023-0026 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (2) of EASA AD 2023-0026 refers to 
``discrepancies,'' for this AD discrepancies are any clash 
(interference) between the lockplate support and rib 1 or between 
the pylon bolt and the engine mount; damage (cracks, scratches, or 
erosion of the protective coating); and incorrect spot face depth or 
pylon thickness at the spot face.
    (3) Where paragraph (2) of EASA AD 2023-0026 specifies to 
``contact Airbus for approved instructions for corrective action and 
accomplish those instructions accordingly'' if discrepancies are 
detected; for this AD if any cracking is detected, the cracking must 
be repaired before further flight 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.
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0026.
    (5) Where the service information referenced in EASA AD 2023-
0026 specifies to report inspection results or findings, this AD 
requires submitting information only if damage (cracks) or incorrect 
spot face depth or pylon thickness at the spot face are found during 
any inspection required by EASA AD 2023-0026. Operators are required 
to submit certain information as part of obtaining any corrective 
actions approved by Airbus SAS's EASA DOA.

(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: <a href="/cdn-cgi/l/email-protection#ae9783eff8fd83efe7fc83999d9e83efe3e1edeec8cfcf80c9c1d8"><span class="__cf_email__" data-cfemail="556c7814030678141c07786266657814181a16153334347b323a23">[email protected]</span></a>. 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 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; telephone 516-228-7317; email <a href="/cdn-cgi/l/email-protection#a4c0c5d08ad28ac8c1e4c2c5c58ac3cbd2"><span class="__cf_email__" data-cfemail="593d382d772f77353c193f3838773e362f">[email protected]</span></a>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2023-0026, 
dated January 30, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0026, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#5f1e1b2c1f3a3e2c3e713a2a2d302f3e713a2a"><span class="__cf_email__" data-cfemail="0544417645606476642b6070776a75642b6070">[email protected]</span></a>; website easa.europa.eu. You may find this EASA 
AD on the EASA website ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.
    (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 
<a href="/cdn-cgi/l/email-protection#2a4c58044344595a4f495e4345446a444b584b044d455c"><span class="__cf_email__" data-cfemail="87e1f5a9eee9f4f7e2e4f3eee8e9c7e9e6f5e6a9e0e8f1">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 69011]]


    Issued on September 29, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22085 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-13-P


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