[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Rules and Regulations]
[Pages 78223-78225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21799]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1007; Project Identifier MCAI-2023-01249-T; 
Amendment 39-22823; AD 2024-16-17]
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) 2022-13-
11, which applied to all Airbus SAS Model A350-941 and -1041 airplanes. 
AD 2022-13-11 required revising the existing airplane flight manual 
(AFM) for airplanes equipped with affected flight control units (FCUs) 
and replacing any affected FCU with a serviceable FCU. This AD was 
prompted by reports of inadvertent auto flight system (AFS) altitude 
changes on the FCU; an investigation revealed that, depending on the 
ring selection, failure of the ALT knob on the FCU could change the 
target altitude. This AD continues to require certain actions in AD 
2022-13-11, including replacing any affected FCU with a serviceable 
FCU, expands the requirement to revise the existing AFM for all 
airplanes, and prohibits the installation of affected parts; 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 October 30, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 30, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-1007; 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 EASA material identified 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#6322271023060210024d0616110c13024d0616"><span class="__cf_email__" data-cfemail="98d9dcebd8fdf9ebf9b6fdedeaf7e8f9b6fded">[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 at regulations.gov under 
Docket No. FAA-2024-1007.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; email <a href="/cdn-cgi/l/email-protection#96afbbf7e0e5bbf8eff7f5f9bbf5f9e5d6f0f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="d9e0f4b8afaaf4b7a0b8bab6f4bab6aa99bfb8b8f7beb6af">[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 2022-13-11, Amendment 39-22097 (87 FR 
39741, July 5, 2022) (AD 2022-13-11). AD 2022-13-11 applied to all 
Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-13-11 was 
prompted by a report of inadvertent AFS altitude changes on the FCU; an 
investigation revealed that, depending on the ring selection, failure 
of the ALT knob on the FCU could change the target altitude. AD 2022-
13-11 required revising the existing AFM to include a procedure on the 
use of the AFS control panel ALT knob. AD 2022-13-11 also required 
replacing any affected FCU with a serviceable FCU, which would 
terminate the AFM revision following that replacement. The FAA issued 
AD 2022-13-11 to address erroneous target altitude during descent, 
climb, or go-around, which could result in an unexpected vertical 
trajectory deviation and loss of correct situational awareness that 
could potentially result in uncontrolled impact with the ground.
    The NPRM published in the Federal Register on April 23, 2024 (89 FR 
30281). The NPRM was prompted by AD 2023-0215, dated December 11, 2023; 
corrected December 13, 2023; issued by EASA, which is the Technical 
Agent for the Member States of the European Union (EASA AD 2023-0215) 
(also referred to as the MCAI). The

[[Page 78224]]

MCAI states that since EASA AD 2021-0260, dated November 18, 2021 (EASA 
AD 2021-0260), was issued, several operators reported additional 
incidents of inadvertent AFS altitude changes on airplanes equipped 
with serviceable FCUs. Airbus is investigating the cause of these 
reported events and, as a precautionary measure, expanded the 
applicability of the AFM Temporary Revision (TR) 121, Issue 1, to all 
airplanes, including those equipped with serviceable FCUs. For the 
reasons described above, EASA AD 2023-0215 partially retains the 
requirements of EASA AD 2021-0260, which is superseded, and requires 
amendment of the applicable AFM by incorporating AFM TR 121, Issue 1, 
for airplanes equipped with serviceable FCUs. EASA AD 2023-0215 is 
still considered to be an interim action, and further EASA AD action 
may follow.
    In the NPRM, the FAA proposed to continue to require certain 
actions in AD 2022-13-11, including replacing any affected FCU with a 
serviceable FCU, as specified in EASA AD 2023-0215. The NPRM also 
proposed to require expanding the applicability of the requirement to 
revise the existing AFM to all Model A350-941 and -1041 airplanes, 
including those equipped with serviceable FCUs, as specified in EASA AD 
2023-0215. The NPRM also proposed to prohibit the installation of 
affected parts. The FAA is issuing this AD to address erroneous target 
altitude during descent, climb, or go-around, which could result in an 
unexpected vertical trajectory deviation and loss of correct 
situational awareness that could potentially result in uncontrolled 
impact with the ground.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1007.

Discussion of Final Airworthiness Directive

Comments

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

Request To Extend Compliance Time for Replacement of Affected FCUs

    Delta requested that a new exception be added to paragraph (h) of 
the proposed AD to extend the compliance time for the replacement of 
affected FCUs from 25 months to 32 months, due to lack of parts 
availability. Delta pointed out that it is currently the only U.S. 
operator affected by AD 2022-13-11 and that Thales, the FCU 
manufacturer, focused on providing serviceable FCUs to European 
operators first, since EASA AD 2021-0260 was required to be 
accomplished sooner than AD 2022-13-11. Delta asserted that this 
resulted in Delta losing approximately 17 months of the time needed to 
accomplish the required replacement and therefore, requested the 
additional 7-month extension. Additionally, Delta pointed out that the 
replacement is secondary to the requirement to amend the AFM, which 
affects both serviceable and affected FCUs. Because the compliance time 
for the AFM amendment is retained as proposed, Delta maintained that an 
adequate level of safety is provided during the requested extension of 
the compliance time for replacing the affected FCUs.
    The FAA does not agree to extend the compliance time for replacing 
the affected FCUs. Delta did not provide enough justification to 
support an extension of the compliance time. In developing an 
appropriate compliance time for this action, the FAA considered the 
recommendations of the manufacturer, the urgency associated with the 
subject unsafe condition, the availability of required parts, and the 
practical aspect of accomplishing the required replacement within a 
period of time that corresponds to the normal scheduled maintenance for 
most affected operators. According to EASA, as the State of Design, 
parts availability was taken into consideration during development of 
the compliance time, which was determined to be sufficient to allow for 
the replacement of the affected parts to address the entire global A350 
fleet. In consideration of these items, the FAA has determined that the 
proposed compliance time will ensure an acceptable level of safety. 
However, under the provisions of paragraph (i)(1) of this AD, the FAA 
will consider requests for approval of an extension of the compliance 
time if sufficient data are submitted to substantiate that the new 
compliance time would provide an acceptable level of safety. Therefore, 
no change is necessary to this AD.

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.

Material Incorporated by Reference Under 1 CFR Part 51

    EASA AD 2023-0215 specifies procedures for revising the existing 
AFM to include a procedure on the use of the AFS control panel ALT knob 
for all Airbus SAS Model A350-941 and -1041 airplanes, including the 
airplanes equipped with serviceable FCUs part number (P/N) C31006AD01; 
and replacing any affected FCU having P/N C31006AC01 or C31006AB01 with 
a serviceable FCU having P/N C31006AD01. EASA AD 2023-0215 also 
prohibits the installation of affected parts.
    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.

Interim Action

    The FAA considers that this AD is an interim action. The FAA 
anticipates that further AD action will follow.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 6 work-hours x $85 per hour =             $27,000   Up to $27,510.............  Up to $742,770.
 $510.
----------------------------------------------------------------------------------------------------------------


[[Page 78225]]

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) 2022-13-11, Amendment 39-22097 
(87 FR 39741, July 5, 2022); and
0
b. Adding the following new AD:

2024-16-17 Airbus SAS: Amendment 39-22823; Docket No. FAA-2024-1007; 
Project Identifier MCAI-2023-01249-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 30, 2024.

(b) Affected ADs

    This AD replaces AD 2022-13-11, Amendment 39-22097 (87 FR 39741, 
July 5, 2022) (AD 2022-13-11).

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto Flight.

(e) Unsafe Condition

    This AD was prompted by reports of inadvertent auto flight 
system (AFS) altitude changes on the flight control unit (FCU); an 
investigation revealed that, depending on the ring selection, 
failure of the ALT knob on the FCU could change the target altitude. 
The FAA is issuing this AD to address erroneous target altitude 
during descent, climb, or go-around, which could result in an 
unexpected vertical trajectory deviation and loss of correct 
situational awareness that could potentially result in uncontrolled 
impact with the ground.

(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, European Union Aviation Safety Agency (EASA) AD 
2023-0215, dated December 11, 2023; corrected December 13, 2023 
(EASA AD 2023-0215).

(h) Exceptions to EASA AD 2023-0215

    (1) Where EASA AD 2023-0215 refers to ``02 December 2021 [the 
effective date of EASA AD 2021-0260, dated November 18, 2021],'' 
this AD requires using August 9, 2022 (the effective date of AD 
2022-13-11).
    (2) Where EASA AD 2023-0215 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraphs (1) and (2) of EASA AD 2023-0215 specify to 
``inform all flight crews, and thereafter, operate the aeroplane 
accordingly,'' this AD does not require those actions as those 
actions are already required by existing FAA operating regulations.
    (4) The ``Remarks'' section of EASA AD 2023-0215 does not apply 
to 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 manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#82bbafc3d4d1afc3cbd0afb5b1b2afc3cfcdc1c2e4e3e3ace5edf4"><span class="__cf_email__" data-cfemail="b68f9bf7e0e59bf7ffe49b8185869bf7fbf9f5f6d0d7d798d1d9c0">[email protected]</span></a>.
    (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.

(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 516-228-7300; email <a href="/cdn-cgi/l/email-protection#271e0a4651540a495e4644480a4448546741464609404851"><span class="__cf_email__" data-cfemail="b48d99d5c2c799dacdd5d7db99d7dbc7f4d2d5d59ad3dbc2">[email protected]</span></a>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material listed in this paragraph 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0215, 
dated December 11, 2023; corrected dated December 13, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0215, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#b7f6f3c4f7d2d6c4d699d2c2c5d8c7d699d2c2"><span class="__cf_email__" data-cfemail="77363304371216041659120205180716591202">[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 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.
    (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 <a href="/cdn-cgi/l/email-protection#c8f4a9e8a0baadaef5" http: www.archives.gov federal-register cfr ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="d9b0bbabf4b5b6bab8adb0b6b7aab6abbcb4b8b0b5bfabf7b0b7aaa9bcbaadb0b6b799b7b8abb8f7beb6af">[email protected]</span></a>"><a href="http://www.archives.gov/federal-register/cfr/ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="1a737868377675797b6e7375746975687f777b73767c68347374696a7f796e7375745a747b687b347d756c">[email protected]</span></a></a>.

    Issued on August 7, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-21799 Filed 9-24-24; 8:45 am]
BILLING CODE 4910-13-P


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