[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 235-237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28848]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1887; Project Identifier MCAI-2023-00543-T; 
Amendment 39-22642; AD 2023-25-15]
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) 2020-24-
12, which applied to certain Airbus SAS Model A350-941 airplanes. AD 
2020-24-12 required replacing certain center wing box (CWB) fasteners 
with fasteners having improved friction efficiency. This AD was 
prompted by reports that certain CWB fasteners had rotated inside the 
fastener holes due to insufficient friction for the application, and by 
the determination that additional work is necessary to ensure the 
correct application of the fuel vapor barrier structure paint on the 
outside of the CWB. This AD continues to require the actions in AD 
2020-24-12; and requires the additional work; as specified in 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 February 7, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 7, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1887; 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#98d9dcebd8fdf9ebf9b6fdedeaf7e8f9b6fded"><span class="__cf_email__" data-cfemail="c08184b380a5a1b3a1eea5b5b2afb0a1eea5b5">[email protected]</span></a>; website easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu.
    <bullet> 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-2023-1887.

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#650104114b134b0900250304044b020a13"><span class="__cf_email__" data-cfemail="ee8a8f9ac098c0828bae888f8fc0898198">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-24-12, Amendment 39-21342 (85 FR 
76949, December 1, 2020) (AD 2020-24-12). AD 2020-24-12 applied to 
certain Airbus SAS Model A350-941 airplanes. AD 2020-24-12 required 
replacing certain CWB fasteners with fasteners having improved friction 
efficiency. The FAA issued AD 2020-24-12 to address CWB fastener 
rotation. This condition, if not corrected, could lead to cracking of 
the fastener head sealant cover, followed by fuel vapor leakage inside

[[Page 236]]

the cabin, possibly resulting in injury to airplane occupants.
    The NPRM published in the Federal Register on September 26, 2023 
(88 FR 65831). The NPRM was prompted by AD 2023-0068, dated March 30, 
2023, issued by EASA, which is the Technical Agent for the Member 
States of the European Union (EASA AD 2023-0068) (also referred to as 
the MCAI). The MCAI states that during flight and fatigue testing it 
was discovered that some fasteners can rotate inside their CWB fastener 
holes. Further investigation identified insufficient friction for the 
application. After EASA issued AD 2020-0123 (which corresponds to FAA 
AD 2020-24-12), it was determined that additional work is necessary to 
ensure the correct application of the fuel vapor barrier structure 
paint on the outside of the CWB. CWB fastener rotation, if not 
corrected, can lead to a crack of the fastener head sealant cover, 
followed by fuel vapor leakage inside the cabin, possibly resulting in 
injury to airplane occupants.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2020-24-12 and to require the additional work, as specified in EASA 
AD 2023-0068. 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-2023-1887.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Additional Changes Made to This AD

    In the NPRM, the FAA inadvertently omitted an exception allowing 
the use of the effective date of this AD in lieu of the effective date 
of the EASA AD. The FAA has added paragraph (h)(2) of this AD to 
include that exception.

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 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, and any other changes described 
previously, 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 2023-0068 specifies procedures for replacing the affected 
CWB fasteners with fasteners having improved friction efficiency, and 
for doing additional work on previously modified airplanes to ensure 
the correct application of the fuel vapor barrier structure paint from 
outside the CWB.
    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 13 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                       Cost on
                   Action                              Labor cost             Parts cost   Cost per      U.S.
                                                                                           product    operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2020-24-12........  307 work-hours x $85 per hour        $5,900    $31,995     $415,935
                                              = $26,095.
New actions................................  174 work-hours x $85 per hour           900     15,690      203,970
                                              = $14,790.
----------------------------------------------------------------------------------------------------------------

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) 2020-24-12, Amendment 39-21342 
(85 FR 76949, December 1, 2020); and
0
b. Adding the following new AD:

2023-25-15 Airbus SAS: Amendment 39-22642; Docket No. FAA-2023-1887; 
Project Identifier MCAI-2023-00543-T.

[[Page 237]]

(a) Effective Date

    This airworthiness directive (AD) is effective February 7, 2024.

(b) Affected ADs

    This AD replaces AD 2020-24-12, Amendment 39-21342 (85 FR 76949, 
December 1, 2020) (AD 2020-24-12).

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes, 
certificated in any category, as identified in European Union 
Aviation Safety Agency (EASA) AD 2023-0068, dated March 30, 2023 
(EASA AD 2023-0068).

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports that certain center wing box 
(CWB) fasteners had rotated inside the fastener holes due to 
insufficient friction for the application, and by the determination 
that additional work is necessary to ensure the correct application 
of the fuel vapor barrier structure paint on the outside of the CWB. 
The FAA is issuing this AD to address CWB fastener rotation. The 
unsafe condition, if not corrected, could lead to cracking of the 
fastener head sealant cover, followed by fuel vapor leakage inside 
the cabin, possibly resulting in injury to airplane occupants.

(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 2023-0068.

(h) Exceptions to EASA AD 2023-0068

    (1) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0068.
    (2) Where EASA AD 2023-0068 refers to its effective date, this 
AD requires using the effective date of 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 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#f1c8dcb0a7a2dcb0b8a3dcc6c2c1dcb0bcbeb2b1979090df969e87"><span class="__cf_email__" data-cfemail="d2ebff938481ff939b80ffe5e1e2ff939f9d9192b4b3b3fcb5bda4">[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 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; telephone (516) 228-7317; email <a href="/cdn-cgi/l/email-protection#127673663c643c7e77527473733c757d64"><span class="__cf_email__" data-cfemail="eb8f8a9fc59dc5878eab8d8a8ac58c849d">[email protected]</span></a>.

(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 2023-0068, 
dated March 30, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0068, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#89c8cdfac9ece8fae8a7ecfcfbe6f9e8a7ecfc"><span class="__cf_email__" data-cfemail="49080d3a092c283a28672c3c3b263928672c3c">[email protected]</span></a>; website easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (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 <a href="/cdn-cgi/l/email-protection#3f594d1156514c4f5a5c4b5650517f515e4d5e11585049"><span class="__cf_email__" data-cfemail="482e3a6621263b382d2b3c2127260826293a29662f273e">[email protected]</span></a>.

    Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-28848 Filed 1-2-24; 8:45 am]
BILLING CODE 4910-13-P


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