[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Rules and Regulations]
[Pages 19622-19625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07089]



[[Page 19622]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0383; Project Identifier MCAI-2022-00264-T; 
Amendment 39-21998; AD 2022-07-10]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by 
a report that certain overheat detection system (OHDS) sensing elements 
may not properly detect thermal bleed leak events due to a quality 
escape during the manufacturing process. This AD requires revising the 
operator's existing FAA-approved minimum equipment list (MEL) to 
include dispatch restrictions as specified in a European Union Aviation 
Safety Agency (EASA) AD, which is incorporated by reference. This AD 
also prohibits the installation of affected parts. This AD also allows 
operators to inspect affected parts for discrepancies, and do 
applicable replacements, in order to terminate the revision of the 
operator's existing MEL required by this AD. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD becomes effective April 20, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 20, 
2022.
    The FAA must receive comments on this AD by May 20, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material incorporated by reference (IBR) 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#9fdedbecdffafeecfeb1faeaedf0effeb1faea"><span class="__cf_email__" data-cfemail="9edfdaeddefbffedffb0fbebecf1eeffb0fbeb">[email protected]</span></a>; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. For Kidde Aerospace & Defense service 
information identified in this final rule, contact Kidde Aerospace & 
Defense, 4200 Airport Drive NW, Building B, Wilson, NC 27896; 
telephone: 319-295-5000; internet: https://kiddetechnologies.com/aviation.com. 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 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2022-0383.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0383; 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 AD, 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 206-231-3225; email 
<a href="/cdn-cgi/l/email-protection#5b3f3a357529343f32353a1b3d3a3a753c342d"><span class="__cf_email__" data-cfemail="46222728683429222f28270620272768212930">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-0383; Project Identifier MCAI-
2022-00264-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. 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 206-231-3225; email <a href="/cdn-cgi/l/email-protection#1b7f7a753569747f72757a5b7d7a7a357c746d"><span class="__cf_email__" data-cfemail="83e7e2edadf1ece7eaede2c3e5e2e2ade4ecf5">[email protected]</span></a>. Any commentary that 
the FAA receives which is not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0031, dated February 25, 2022 
(EASA AD 2022-0031) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes.
    This AD was prompted by a report that certain OHDS sensing elements 
may not properly detect thermal bleed leak events due to a quality 
escape during the manufacturing process. The FAA is issuing this AD to 
address undetected thermal bleed leak events that might not be isolated 
during flight, possibly resulting in localized areas of the wing 
structure being exposed to high temperatures and consequent reduced 
structural integrity of the airplane. See the MCAI for additional 
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0031 specifies procedures for revising the operator's 
existing MEL to include dispatch restrictions (which, depending on the 
configuration, includes limiting the number of inoperative days for the

[[Page 19623]]

OHDS sensing element or requiring certain checks in order to be 
inoperative) for Airbus A350 Master Minimum Equipment List (MMEL) item 
36-22-01, ``Air Leak Detection Redundancy.'' EASA AD also specifies 
procedures for a detailed inspection of the affected OHDS sensing 
elements for discrepancies (i.e., the related electronic centralized 
aircraft monitoring (ECAM) alert is not displayed after a heat gun test 
is done), and applicable replacements (which is not required by this 
AD, as discussed under ``Differences Between this AD and the MCAI).'' 
EASA AD 2022-0031 also prohibits the installation of affected parts.
    Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated January 
13, 2022, identifies affected OHDS sensing elements (those having 
certain part numbers and corresponding date codes).
    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

    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 
described above. The FAA is issuing this AD after determining that the 
unsafe condition described previously is likely to exist or develop on 
other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2022-0031 described previously, except for any differences identified 
as exceptions in the regulatory text of this AD and except as discussed 
under ``Differences Between this AD and the MCAI.''
    EASA AD 2022-0031 requires operators to ``inform all flight crews'' 
of revisions to the operator's existing MMEL, and thereafter to 
``operate the aeroplane accordingly.'' However, this AD does not 
specifically require those actions as they are already required by FAA 
regulations.
    FAA regulations (14 CFR 121.628(a)(2)) require operators to provide 
pilots with access to all of the information contained in the 
operator's existing MEL. Furthermore, 14 CFR 121.628(a)(5) requires 
airplanes to be operated under all applicable conditions and 
limitations contained in the operator's existing MEL. Therefore, 
including a requirement in this AD to operate the airplane according to 
the revised MEL would be redundant and unnecessary.

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, 
EASA AD 2022-0031 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2022-0031 in its entirety through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this AD. Using common terms that are the same as 
the heading of a particular section in EASA AD 2022-0031 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 
2022-0031. Service information required by EASA AD 2022-0031 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0383 after this AD is 
published.

Differences Between This AD and the MCAI

    EASA AD 2022-0031 requires an inspection of affected parts for 
discrepancies within 36 months, and replacing discrepant parts. 
However, the planned compliance time for the inspection would allow 
enough time to provide notice and opportunity for prior public comment 
on the merits of the inspection. Therefore, the FAA is considering 
further rulemaking to require the inspection and replacement. This AD 
does not mandate that inspection, instead making it an optional action 
in this AD. Accomplishing the inspection, and applicable replacements, 
will constitute terminating action for the revision of the operator's 
existing MEL required by this AD. The terminating action is specified 
in paragraph (5) of EASA AD 2022-0031.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because undetected thermal bleed leak events that might not be isolated 
during flight could result in localized areas of the wing structure 
being exposed to high temperatures and consequent reduced structural 
integrity of the airplane. The OHDS sensing elements are critical to 
continued airworthiness of the airplane because an undetected hot air 
leak might lead to permanent damage to the surrounding loaded 
structure. Additionally, the revision of the operator's existing MEL 
required by this AD must be done within 30 days in order to address the 
unsafe condition. Accordingly, notice and opportunity for prior public 
comment are impracticable and contrary to the public interest pursuant 
to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 29 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 19624]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85           $2,465
----------------------------------------------------------------------------------------------------------------


                  Estimated Costs for Optional Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
13 work-hours x $85 per hour = $1,105.              $0           $1,105
------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
optional 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
------------------------------------------------------------------------
1 work-hours x $85 per hour = $85.....            * $0            * $85
------------------------------------------------------------------------
* The FAA has received no definitive data on the parts cost.

    According to the parts manufacturer, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators. The FAA does not control warranty coverage for 
affected operators. 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

    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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2022-07-10 Airbus SAS: Amendment 39-21998; Docket No. FAA-2022-0383; 
Project Identifier MCAI-2022-00264-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 20, 2022.

(b) Affected ADs

    None.

(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 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a report that certain overheat detection 
system (OHDS) sensing elements may not properly detect thermal bleed 
leak events due to a quality escape during the manufacturing 
process. The FAA is issuing this AD to address undetected thermal 
bleed leak events that might not be isolated during flight, possibly 
resulting in localized areas of the wing structure being exposed to 
high temperatures and consequent reduced 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, European Union Aviation Safety Agency (EASA) AD 
2022-0031, dated February 25, 2022 (EASA AD 2022-0031).

(h) Exceptions to EASA AD 2022-0031

    (1) Where EASA AD 2022-0031 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0031 has a definition for ``Affected 
part'' and refers to ``the VSB [vendor service bulletin]'' for the

[[Page 19625]]

part numbers and date codes, for this AD, use Kidde Aerospace & 
Defense Service Bulletin CFD-26-3, dated January 13, 2022, as ``the 
VSB'' for the part numbers and date codes.
    (3) Where EASA AD 2022-0031 has a definition for ``Groups'' and 
identifies certain airplanes as Group 2 airplanes, replace the text, 
``An aeroplane having an MSN [manufacturer serial number] not listed 
in the Section 1.A of the SB is Group 2, provided it is determined 
that no affected part has been installed on any affected position of 
that aeroplane since Airbus date of manufacture'' with ``An 
aeroplane having an MSN not listed in the Section 1.A of Airbus 
Service Bulletin A350-36-P032, dated December 3, 2021, is Group 2, 
provided it is determined that no affected part has been installed 
on any affected position of that aeroplane since Airbus date of 
manufacture.''
    (4) Where paragraphs (2) and (3) of EASA AD 2022-0031 require a 
detailed inspection of affected parts and applicable corrective 
actions, this AD does not require those actions, but allows 
performing those actions as terminating action for the revision of 
the operator's existing minimum equipment list (MEL) as specified in 
paragraph (5) of EASA AD 2022-0031.
    (5) The ``Remarks'' section of EASA AD 2022-0031 does not apply 
to this AD.
    (6) Where paragraph (1) of EASA 2022 0031 specifies 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.

(i) No Reporting Requirement and No Return of Parts

    (1) Although the service information referenced in EASA AD 2022-
0031 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.
    (2) Although the service information referenced in EASA AD 2022-
0031 specifies to return certain parts to the manufacturer, this AD 
does not include that requirement.

(j) Additional 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 (k) of this 
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#9aa3b7dbccc9b7dbd3c8b7ada9aab7dbd7d5d9dafcfbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="d1e8fc908782fc909883fce6e2e1fc909c9e9291b7b0b0ffb6bea7">[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, 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 
paragraphs (i) and (j)(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.

(k) Related Information

    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 206-231-3225; email <a href="/cdn-cgi/l/email-protection#6d090c03431f020904030c2d0b0c0c430a021b"><span class="__cf_email__" data-cfemail="7511141b5b071a111c1b14351314145b121a03">[email protected]</span></a>.

(l) 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 2022-0031, 
dated February 25, 2022.
    (ii) Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated 
January 13, 2022.
    (3) For EASA AD 2022-0031, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#a2e3e6d1e2c7c3d1c38cc7d7d0cdd2c38cc7d7"><span class="__cf_email__" data-cfemail="7c3d380f3c191d0f1d5219090e130c1d521909">[email protected]</span></a>; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) For Kidde Aerospace & Defense service information, contact 
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, 
Wilson, NC 27896; telephone: 319-295-5000; internet: https://kiddetechnologies.com/aviation.com.
    (5) 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.
    (6) 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#5d3b2f7334332e2d383e293432331d333c2f3c733a322b"><span class="__cf_email__" data-cfemail="c6a0b4e8afa8b5b6a3a5b2afa9a886a8a7b4a7e8a1a9b0">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 24, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-07089 Filed 4-4-22; 8:45 am]
BILLING CODE 4910-13-P


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