Airworthiness Directives; Airbus SAS Airplanes

[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Rules and Regulations]
[Pages 82493-82496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23540]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1694; Project Identifier MCAI-2024-00016-T; 
Amendment 39-22845; AD 2024-19-03]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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[[Page 82494]]

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-12-03 
and AD 2023-04-05, which applied to certain Airbus SAS Model A350-941 
and -1041 airplanes. AD 2023-12-03 and AD 2023-04-05 required revising 
the existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. This AD 
was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. This AD continues to require 
all actions in AD 2023-12-03 and certain actions in AD 2023-04-05, and 
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 November 15, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 15, 
2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of August 
7, 2023 (88 FR 42598, July 3, 2023; corrected August 7, 2023 (88 FR 
52024)).
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of April 
10, 2023 (88 FR 13668, March 6, 2023).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-1694; 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 [email protected]; 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-2024-1694.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2023-12-03, Amendment 39-22461 (88 FR 
42598, July 3, 2023; corrected August 7, 2023 (88 FR 52024)) (AD 2023-
12-03), and AD 2023-04-05, Amendment 39-22352 (88 FR 13668, March 6, 
2023) (AD 2023-04-05). AD 2023-12-03 and AD 2023-04-05 applied to 
certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2023-12-03 
and AD 2023-04-05 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. AD 2023-12-03 specified that 
accomplishing the revision required by that AD terminated certain 
requirements of AD 2023-04-05. The FAA issued AD 2023-12-03 and AD 
2023-04-05 to address reduced structural integrity of the airplane.
    The NPRM published in the Federal Register on June 26, 2024 (89 FR 
53364). The NPRM was prompted by AD 2024-0005, dated January 5, 2024, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2024-0005) (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 continue to require all actions in 
AD 2023-12-03 and certain actions in AD 2023-04-05, and to require 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations, as 
specified in EASA AD 2024-0005. The FAA is issuing this AD to address 
reduced structural integrity of the airplane. The unsafe condition, if 
not addressed, could result in loss of structural integrity of the 
airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1694.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.

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 
comment 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 2024-0005 specifies new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD also requires EASA AD 2023-0004, dated January 6, 2023, 
which the Director of the Federal Register approved for incorporation 
by reference as of August 7, 2023 (88 FR 42598, July 3, 2023; corrected 
August 7, 2023 (88 FR 52024)).
    This AD also requires EASA AD 2022-0125, dated June 28, 2022, which 
the Director of the Federal Register approved for incorporation by 
reference as of April 10, 2023 (88 FR 13668, March 6, 2023).
    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 estimates the total cost per operator for the retained 
actions from AD 2023-12-03 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since

[[Page 82495]]

operators incorporate maintenance or inspection program changes for 
their affected fleet(s), the FAA has 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 x $85 per work-hour).

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) 2023-04-05, Amendment 39-22352 
(88 FR 13668, March 6, 2023); and AD 2023-12-03, Amendment 39-22461 (88 
FR 42598, July 3, 3023; corrected August 7, 2023 (88 FR 52024)); and
0
b. Adding the following new AD:

2024-19-03 Airbus SAS: Amendment 39-22845; Docket No. FAA-2024-1694; 
Project Identifier MCAI-2024-00016-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 15, 
2024.

(b) Affected ADs

    This AD replaces AD 2023-04-05, Amendment 39-22352 (88 FR 13668, 
March 6, 2023) (AD 2023-04-05); and AD 2023-12-03, Amendment 39-
22461 (88 FR 42598, July 3, 2023; corrected August 7, 2023 (88 FR 
52024)) (AD 2023-12-03).

(c) Applicability

    This AD applies to 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 November 30, 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 reduced structural integrity of the 
airplane. The unsafe condition, if not addressed, could result in 
loss of structural integrity 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 
From AD 2023-04-05, With New Terminating Action

    This paragraph restates the requirements of paragraph (j) of AD 
2023-04-05, with new terminating action. For airplanes with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before May 2, 2022: 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 2022-0125, dated June 28, 
2022 (EASA AD 2022-0125). Accomplishing the revision of the existing 
maintenance or inspection program required by paragraph (n) of this 
AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2022-0125

    This paragraph restates the exceptions specified in paragraph 
(k) of AD 2023-04-05, with no changes.
    (1) Where EASA AD 2022-0125 refers to its effective date, this 
AD requires using April 10, 2023 (the effective date of AD 2023-04-
05).
    (2) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2022-0125 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2022-0125 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, within 90 days after April 10, 2023 (the effective 
date of AD 2023-04-05).
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2022-0125 is at the applicable 
``thresholds'' as incorporated by the requirements of paragraph (3) 
of EASA AD 2022-0125, or within 90 days after April 10, 2023 (the 
effective date of AD 2023-04-05), whichever occurs later.
    (5) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2022-0125 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2022-0125 does not apply 
to this AD.

(i) Retained Provisions for Alternative Actions and Intervals From AD 
2023-04-05, With No Changes

    This paragraph restates the requirements of paragraph (l) of AD 
2023-04-05, with no changes. Except as required by paragraphs (j) 
and (n) of this AD, after the existing maintenance or inspection 
program has been revised as required by paragraph (g) of this AD, no 
alternative actions (e.g., inspections) and intervals are allowed 
unless they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2022-0125.

(j) Retained Revision of the Existing Maintenance or Inspection Program 
From AD 2023-12-03, With New Terminating Action

    This paragraph restates the requirements of paragraph (g) of AD 
2023-12-03, with new terminating action. For airplanes with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before November 1, 2022: 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 2023-0004, dated January 6, 2023 (EASA AD 2023-0004). 
Accomplishing the revision of the existing maintenance or inspection 
program required by paragraph (n) of this AD terminates the 
requirements of this paragraph.

[[Page 82496]]

(k) Retained Exceptions to EASA AD 2023-0004, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(h) of AD 2023-12-03, with no changes.
    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2023-0004.
    (2) Paragraph (3) of EASA AD 2023-0004 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, within 90 days after August 7, 2023 (the effective 
date of AD 2023-12-03).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2023-0004 is on or before the applicable 
``associated thresholds'' as incorporated by the requirements of 
paragraph (3) of EASA AD 2023-0004, or within 90 days after August 
7, 2023 (the effective date of AD 2023-12-03), whichever occurs 
later.
    (4) This AD does not adopt the provisions specified in 
paragraphs (4) of EASA AD 2023-0004.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0004.

(l) Retained Provisions for Alternative Actions and Intervals From AD 
2023-12-03, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2023-12-03, with no changes. Except as required by paragraph (n) of 
this AD, after the existing maintenance or inspection program has 
been revised as required by paragraph (j) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2023-0004.

(m) Retained Terminating Action From AD 2023-12-03, With No Changes

    This paragraph restates the terminating action specified in 
paragraph (j) of AD 2023-12-03, with no changes. Accomplishing the 
actions required by paragraph (j) of this AD terminates the 
corresponding requirements of paragraph (g) of this AD, for the 
tasks identified in the material referenced in EASA AD 2023-0004 
only.

(n) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (o) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2024-0005, dated January 5, 2024 (EASA AD 
2024-0005). Accomplishing the revision of the existing maintenance 
or inspection program required by this paragraph terminates the 
requirements of paragraphs (g) and (j) of this AD.

(o) Exceptions to EASA AD 2024-0005

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2024-0005.
    (2) Paragraph (3) of EASA AD 2024-0005 specifies revising ``the 
approved AMP,'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2024-0005 is at the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2024-0005, 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 2024-0005.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0005.

(p) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (n) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2024-0005.

(q) 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 (r) of this AD. Information may be emailed to: 
[email protected]. 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.

(r) 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 [email protected].

(s) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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.
    (3) The following material was approved for IBR on November 15, 
2024.
    (i) European Union Aviation Safety Agency (EASA) AD 2024-0005, 
dated January 5, 2024.
    (ii) [Reserved]
    (4) The following material was approved for IBR on August 7, 
2023 (88 FR 42598, July 3, 2023; corrected August 7, 2023 (88 FR 
52024)).
    (i) EASA AD 2023-0004, dated January 6, 2023.
    (ii) [Reserved]
    (5) The following material was approved for IBR on April 10, 
2023 (88 FR 13668, March 6, 2023).
    (i) EASA AD 2022-0125, dated June 28, 2022.
    (ii) [Reserved]
    (6) For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; website easa.europa.eu. You may 
find this EASA material on the EASA website at ad.easa.europa.eu.
    (7) 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.
    (8) 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 [email protected].

    Issued on September 11, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-23540 Filed 10-10-24; 8:45 am]
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