6420 Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2004; Project 

Identifier MCAI–2023–00977–T; Amendment 

39–22656; AD 2024–01–05] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2022–01– 

07, which applied to certain Airbus SAS 

Model A350–941 and –1041 airplanes. 

AD 2022–01–07 required revising the 

existing maintenance or inspection 

program, as applicable, to incorporate 

new or more restrictive airworthiness 

limitations. This AD retains the actions 

required by AD 2022–01–07 and also 

requires revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations, 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 March 7, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of March 7, 2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of March 8, 2022 (87 FR 

5391, February 1, 2022). 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–2004; 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 material identified in this 

final rule, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone: +49 221 8999 000; 

email: ADs@easa.europa.eu; website: 

easa.europa.eu. You may find this 

material on the EASA website 

ad.easa.europa.eu. 

• 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– 

2023–2004. 

FOR FURTHER INFORMATION CONTACT: Dat 

Le, Aviation Safety Engineer, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone 562–627–5357; 

email dat.v.le@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2022–01–07, 

Amendment 39–21895 (87 FR 5391, 

February 1, 2022) (AD 2022–01–07). AD 

2022–01–07 applied to certain Airbus 

SAS Model A350–941 and –1041 

airplanes. AD 2022–01–07 required 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations. The FAA 

issued AD 2022–01–07 to address the 

potential of ignition sources inside fuel 

tanks, which, in combination with 

flammable fuel vapors, could result in a 

fuel tank explosion and consequent loss 

of the airplane. 

The NPRM published in the Federal 

Register on October 26, 2023 (88 FR 

73545). The NPRM was prompted by 

AD 2023–0162, dated August 17, 2023, 

issued by EASA, which is the Technical 

Agent for the Member States of the 

European Union (EASA AD 2023–0162) 

(also referred to as the MCAI). The 

MCAI states that new or more restrictive 

airworthiness limitations have been 

developed. 

In the NPRM, the FAA proposed to 

retain the actions required by AD 2022– 

01–07 and also require revising the 

existing maintenance or inspection 

program, as applicable, to incorporate 

new or more restrictive airworthiness 

limitations, as specified in EASA AD 

2023–0162. 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–2023–2004. 

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 also received 

a comment from an anonymous 

commenter who expressed appreciation 

for FAA’s dedication to aviation safety. 

No changes to the AD were requested; 

therefore, the FAA infers that the 

commenter supported the NPRM. 

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 

The FAA reviewed EASA AD 2023– 

0162. This service information specifies 

new or more restrictive airworthiness 

limitations related to fuel tank ignition 

prevention and fuel tank flammability 

reduction. 

This AD also requires EASA AD 

2021–0209, dated September 15, 2021, 

which the Director of the Federal 

Register approved for incorporation by 

reference as of March 8, 2022 (87 FR 

5391, February 1, 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 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: 

The FAA has determined that revising 

the existing maintenance or inspection 

program takes an average of 90 workhours per operator, although the agency 

recognizes that this number may vary 

from operator to operator. Since 

operators incorporate maintenance or 

inspection program changes for their 

affected fleet(s), the FAA has 


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Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Rules and Regulations 6421 

determined that a per-operator estimate 

is more accurate than a per-airplane 

estimate. 

The FAA estimates the total cost per 

operator for the new actions to be 

$7,650 (90 work-hours × $85 per workhour). 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by: 

■ a. Removing Airworthiness Directive 

2022–01–07, Amendment 39–21895 (87 

FR 5391, February 1, 2022); and 

■ b. Adding the following new 

Airworthiness Directive: 

2024–01–05 Airbus SAS: Amendment 39– 

22656; Docket No. FAA–2023–2004; 

Project Identifier MCAI–2023–00977–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective March 7, 2024. 

(b) Affected ADs 

This AD replaces AD 2022–01–07, 

Amendment 39–21895 (87 FR 5391, February 

1, 2022) (AD 2022–01–07). 

(c) Applicability 

This AD applies all Airbus SAS Model 

A350–941 and –1041 airplanes, certificated 

in any category, with an original 

airworthiness certificate or original export 

certificate of airworthiness issued on or 

before June 1, 2023. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time Limits/Maintenance 

Checks. 

(e) Unsafe Condition 

This AD was prompted by a determination 

that new or more restrictive airworthiness 

limitations are necessary. The FAA is issuing 

this AD to address the potential of ignition 

sources inside fuel tanks, which, in 

combination with flammable fuel vapors, 

could result in a fuel tank explosion and 

consequent loss of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained Revision of the Existing 

Maintenance or Inspection Program, With 

AD 2022–01–07, With No Changes 

This paragraph restates the requirements of 

paragraph (g) of AD 2022–01–07, with no 

changes. For airplanes with an original 

airworthiness certificate or original export 

certificate of airworthiness issued on or 

before June 30, 2021: 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 2021–0209, dated September 15, 

2021 (EASA AD 2021–0209). Accomplishing 

the revision of the existing maintenance or 

inspection program required by paragraph (j) 

of this AD terminates the requirements of this 

paragraph. 

(h) Retained Exceptions to EASA AD 2021– 

0209, With No Changes 

This paragraph restates the exceptions 

specified in paragraph (h) of AD 2022–01–07, 

with no changes. 

(1) The requirements specified in 

paragraphs (1) and (2) of EASA AD 2021– 

0209 do not apply to this AD. 

(2) Paragraph (3) of EASA AD 2021–0209 

specifies revising ‘‘the AMP [aircraft 

maintenance program]’’ within 12 months 

after its effective date, but this AD requires 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate the ‘‘limitations, tasks and 

associated thresholds and intervals’’ 

specified in paragraph (3) of EASA AD 2021– 

0209 within 90 days after March 8, 2022 (the 

effective date of AD 2022–01–07). 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2021–0209 is at the applicable 

‘‘associated thresholds’’ specified in 

paragraph (3) of EASA AD 2021–0209, or 

within 90 days after March 8, 2022 (the 

effective date of AD 2022–01–07), whichever 

occurs later. 

(4) The provisions specified in paragraphs 

(4) and (5) of EASA AD 2021–0209 do not 

apply to this AD. 

(5) The ‘‘Remarks’’ section of EASA AD 

2021–0209 does not apply to this AD. 

(i) Retained Restrictions on Alternative 

Actions, Intervals, and Critical Design 

Configuration Control Limitations (CDCCLs), 

With No Changes 

This paragraph restates the requirements of 

paragraph (i) of AD 2022–01–07, with no 

changes. Except as required by paragraph (j) 

of this AD, after the maintenance or 

inspection program has been revised as 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections), 

intervals, and CDCCLs are allowed unless 

they are approved as specified in the 

provisions of the ‘‘Ref. Publications’’ section 

of EASA AD 2021–0209. 

(j) New Revision of the Existing Maintenance 

or Inspection Program 

Except as specified in paragraph (k) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2023–0162, 

dated August 17, 2023 (EASA AD 2023– 

0162). Accomplishing the revision of the 

existing maintenance or inspection program 

required by this paragraph terminates the 

requirements of paragraph (g) of this AD. 

(k) Exceptions to EASA AD 2023–0162 

(1) This AD does not adopt the 

requirements specified in paragraphs (1) and 

(2) of EASA AD 2023–0162. 

(2) Where paragraph (3) of EASA AD 2023– 

0162 specifies ‘‘Within 12 months after the 

effective date of this AD, revise the AMP,’’ 

this AD requires replacing those words with 

‘‘Within 90 days after the effective date of 

this AD, revise the existing maintenance or 

inspection program, as applicable.’’ 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2023–0162 is at the applicable 

‘‘limitations’’ and ‘‘associated thresholds’’ as 


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6422 Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Rules and Regulations 

incorporated by the requirements of 

paragraph (3) of EASA AD 2023–0162, or 

within 90 days after the effective date of this 

AD, whichever occurs later. 

(4) This AD does not adopt the provisions 

specified in paragraphs (4) and (5) of EASA 

AD 2023–0162. 

(5) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0162. 

(l) New Provisions for Alternative Actions, 

Intervals, and CDCCLs 

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (j) of this AD, no 

alternative actions (e.g., inspections), 

intervals, and CDCCLs are allowed unless 

they are approved as specified in the 

provisions of the ‘‘Ref. Publications’’ section 

of EASA AD 2023–0162. 

(m) 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 manager of the International Validation 

Branch, mail it to the address identified in 

paragraph (n) of this AD or email to: 9-AVSAIR-730-AMOC@faa.gov. If mailing 

information, also submit information by 

email. 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. 

(n) Additional Information 

For more information about this AD, 

contact Dat Le, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone 562–627– 

5357; email dat.v.le@faa.gov. 

(o) 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. 

(3) The following service information was 

approved for IBR on March 7, 2024. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0162, dated August 17, 

2023. 

(ii) [Reserved] 

(4) The following service information was 

approved for IBR on March 8, 2022 (87 FR 

5391, February 1, 2022). 

(i) European Union Aviation Safety Agency 

(EASA) AD 2021–0209, dated September 15, 

2021. 

(ii) [Reserved] 

(5) For EASA AD 2023–0162 and EASA AD 

2021–0209, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany; 

telephone: +49 221 8999 000; email: ADs@

easa.europa.eu; website: easa.europa.eu. You 

may find these EASA ADs on the EASA 

website: ad.easa.europa.eu. 

(6) 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. 

(7) 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 fr.inspection@nara.gov. 

Issued on January 26, 2024. 

Michael Linegang, 

Acting Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–01966 Filed 1–31–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–0657; Project 

Identifier AD–2022–01351–T; Amendment 

39–22652; AD 2024–01–01] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

The Boeing Company (Boeing) Model 

787–8, 787–9, and 787–10 airplanes. 

This AD was prompted by reports of 

undetected water leaks from the faucet 

control module (FCM) migrating below 

the passenger floor in multiple lavatory 

locations during flight, and into the 

electronic equipment bay(s). This AD 

requires repetitive general visual 

inspections of the area under all 

lavatory washbasins for evidence of 

intermittent and active leaks at the FCM 

and applicable on-condition actions. 

The FAA is issuing this AD to address 

the unsafe condition on these products. 

DATES: This AD is effective March 7, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of March 7, 2024. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–0657; 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, 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 service information identified 

in this final rule, contact Boeing 

Commercial Airplanes, Attention: 

Contractual & Data Services (C&DS), 

2600 Westminster Blvd., MC 110–SK57, 

Seal Beach, CA 90740–5600; telephone 

562–797–1717; website 

myboeingfleet.com. 

• 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. It is also available at 

regulations.gov under Docket No. FAA– 

2023–0657. 

FOR FURTHER INFORMATION CONTACT: 

Courtney Tuck, Aviation Safety 

Engineer, FAA, 2200 South 216th St., 

Des Moines, WA 98198; telephone 206– 

231–3986; email Courtney.K.Tuck@

faa.gov. 

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 all Boeing Model 787–8, 787– 

9, and 787–10 airplanes. The NPRM 

published in the Federal Register on 

April 10, 2023 (88 FR 21120). The 

NPRM was prompted by reports of 

undetected water leaks from the FCM 

migrating below the passenger floor in 

multiple lavatory locations during 

flight, and into the electronic equipment 

bay(s). In the NPRM, the FAA advised 

that the FCMs are located under the 

sinks in each lavatory and have an Oring seal at the top of the FCM mixing 

chamber; a small amount of water 

leaking past the O-ring has been 

identified as the source of the leak. 

In the NPRM, the FAA proposed to 

require repetitive general visual 

inspections of the area under all 

lavatory washbasins for evidence of 

intermittent and active leaks at the FCM 

and applicable on-condition actions, 

including replacing the affected FCM. 


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