[Federal Register Volume 90, Number 46 (Tuesday, March 11, 2025)]
[Proposed Rules]
[Pages 11683-11686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03794]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0340; Project Identifier MCAI-2024-00462-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2023-14-09, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2023-14-09 requires an inspection for missing or
incorrectly applied sealant in the wing tanks, applicable corrective
actions, and a modification to restore two independent layers of
lightning strike protection. Since the FAA issued AD 2023-14-09, Airbus
provided inspection instructions for a new inspection area of the upper
and lower, front and rear spar corner fittings for certain airplanes.
This proposed AD would continue to require the actions in AD 2023-14-09
and would require a one-time detailed inspection (DET) for missing or
incorrectly applied sealant of the front and rear spars for certain
airplanes and applicable on-condition actions, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference (IBR). The FAA is proposing this AD to
address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by April 25,
2025.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
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.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2025-0340; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For EASA material identified in this proposed 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. It is also
available at regulations.gov under Docket No. FAA-2025-0340.
For Airbus material identified in this proposed AD,
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 45 80; email airbus.com">continued-airworthiness.a350@airbus.com; website airbus.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.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206-231-
3225; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2025-0340;
Project Identifier MCAI-2024-00462-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, 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 proposal 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
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Dan
Rodina, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone 206-231-3225; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
[[Page 11684]]
Background
The FAA issued AD 2023-14-09, Amendment 39-22509 (88 FR 51227,
August 3, 2023) (AD 2023-14-09), for certain Airbus SAS Model A350-941
and -1041 airplanes. AD 2023-14-09 was prompted by an MCAI originated
by EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued AD 2022-0250, dated December 14, 2022, to
correct an unsafe condition.
AD 2023-14-09 requires restoring the two independent layers of
lightning strike protection on the wing lower or upper cover. The FAA
issued AD 2023-14-09 to address missing or incorrect application of the
lightning strike edge glow sealant protection at specific locations on
the wing tanks. This sealant provides the second layer or protection to
prevent stringer edge glow in case of lightning strike.
Actions Since AD 2023-14-09 Was Issued
Since the FAA issued AD 2023-14-09, EASA superseded EASA AD 2022-
0250 and issued EASA AD 2024-0155, dated August 13, 2024 (EASA AD 2024-
0155) (also referred to as the MCAI), to correct an unsafe condition
for certain Airbus SAS Model A350-941 and -1041 airplanes. The MCAI
states Airbus published inspection instructions for a new one-time DET
for missing or incorrect application of the lightning strike edge glow
sealant protection of the affected upper and lower front and rear spar
corner fittings between Rib 1 and Rib 2 for certain airplanes, and
depending on findings, accomplishment of applicable on-condition
actions. Missing or incorrectly applied sealant, combined with a pre-
existing undetected incorrect installation of an adjacent fastener, if
not detected and corrected, could create an ignition source for the
fuel vapor inside the tanks, which, in case of a lightning strike of
high intensity in the immediate area, could possibly result in ignition
of the fuel-air mixture in the affected fuel tank and consequent loss
of the airplane.
The FAA is proposing 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-2025-0340.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2023-14-09, this proposed AD would retain all of the
requirements of AD 2023-14-09. Those requirements are referenced in
EASA AD 2024-0155, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0155 specifies procedures for an inspection for
discrepancies (missing or incorrect application of the lightning strike
edge glow sealant protection) at certain locations in the wing tanks,
and corrective actions. EASA AD 2024-0155 also specifies procedures for
sealant application to the lower and/or upper rib feet in the wings and
an inspection for missing or incorrectly applied sealant on the upper
and lower, front and rear spar corner fittings between Rib 1 and Rib 2
for certain airplanes, and corrective actions. Corrective actions
include applying sealant in areas where sealant was found to be missing
or incorrectly applied.
The FAA also reviewed Airbus Service Bulletin A350-57-P067, dated
September 17, 2020; Airbus Service Bulletin A350-57-P070, Revision 01,
dated March 14, 2022; Airbus Service Bulletin A350-57-P072, dated June
24, 2022; Airbus Service Bulletin A350-57-P073, dated June 24, 2022;
Airbus Service Bulletin A350-57-P074, dated June 24, 2022; and Airbus
Service Bulletin A350-57-P091, dated May 30, 2024; which identify
affected airplanes. These documents are distinct since they apply to
different airplane configurations.
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
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2024-0155 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
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, the
FAA proposes to incorporate EASA AD 2024-0155 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0155 its entirety through that incorporation, except for
any differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in EASA AD 2024-0155 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 2024-
0155. Material required by EASA AD 2024-0155 for compliance will be
available at regulations.gov under Docket No. FAA-2025-0340 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 36 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Action Labor cost Parts cost Cost per product Cost on U.S. operators
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Retained actions from AD Up to 225 work- Up to $500....... Up to $19,625.... Up to $706,500.
2023[dash]14[dash]09. hours x $85 per
hour = $19,125.
[[Page 11685]]
New proposed actions.......... Up to 39 work- $0............... Up to $3,315..... Up to $119,340.
hours x $85 per
hour = $3,315.
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The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition actions:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
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10 work-hours x $85 per hour = Minimal........... $850
$850.
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According to the manufacturer, some or all of the costs of this
proposed 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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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(f), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2023-14-09, Amendment 39 22509
(88 FR 51227, August 3, 2023) (AD 2023-14-09); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2025-0340: Project Identifier MCAI-2024-
00462-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 25, 2025.
(b) Affected ADs
This AD replaces AD 2023-14-09, Amendment 39-22509 (88 FR 51227,
August 3, 2023) (AD 2023-14-09).
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, with manufacturer serial
numbers (MSN) identified in any service bulletin listed in
paragraphs (c)(1) through (6) of this AD.
(1) Airbus Service Bulletin A350-57-P067, dated September 17,
2020.
(2) Airbus Service Bulletin A350-57-P070, Revision 01, dated
March 14, 2022.
(3) Airbus Service Bulletin A350-57-P072, dated June 24, 2022.
(4) Airbus Service Bulletin A350-57-P073, dated June 24, 2022.
(5) Airbus Service Bulletin A350-57-P074, dated June 24, 2022.
(6) Airbus Service Bulletin A350-57-P091, dated May 30, 2024.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports of missing or incorrect
application of the lightning strike edge glow sealant protection at
specific locations on the wing tanks. The FAA is issuing this AD to
address missing or incorrectly applied sealant. The unsafe
condition, if not addressed, could result in ignition of the fuel-
air mixture in the affected fuel tank and consequent loss 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
2024-0155, dated August 13, 2024 (EASA AD 2024-0155).
(h) Exceptions to EASA AD 2024-0155
(1) Where EASA AD 2024-0155 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2024-0155 gives a compliance
time of ``the next scheduled maintenance tank entry, or before
exceeding 78 months since aeroplane date of manufacture, whichever
occurs first after 27 October 2020 [the effective date of EASA AD
2020-0220],'' for this AD, the compliance
[[Page 11686]]
time is the later of the times specified in paragraphs (h)(2)(i) and
(ii) of this AD.
(i) The next scheduled maintenance tank entry, or before
exceeding 78 months since airplane date of manufacture, whichever
occurs first after September 30, 2021 (the effective date of AD
2021-16-03, Amendment 39-21665 (86 FR 47555, August 26, 2021) (AD
2021-16-03)).
(ii) Within 12 months after September 30, 2021 (the effective
date of AD 2021-16-03).
(3) Where paragraph (4) of EASA AD 2024-0155 gives a compliance
time of ``the next scheduled maintenance tank entry, or before
exceeding 78 months since aeroplane date of manufacture, whichever
occurs first after 04 February 2022 [the effective date of EASA AD
2022-0011],'' for this AD, the compliance time is the later of the
times specified in paragraphs (h)(3)(i) and (ii) of this AD.
(i) The next scheduled maintenance tank entry, or before
exceeding 78 months since airplane date of manufacture, whichever
occurs first after November 29, 2022 (the effective date of AD 2022-
17-09, Amendment 39-22147 (87 FR 64375, October 25, 2022) (AD 2022-
17-09)).
(ii) Within 12 months after November 29, 2022 (the effective
date of AD 2022-17-09).
(4) Where paragraph (5) of EASA AD 2024-0155 gives a compliance
time of ``the next scheduled maintenance tank entry, or before
exceeding 78 months since aeroplane date of manufacture, whichever
occurs first after 28 December 2022 [the effective date of EASA AD
2022-0250],'' for this AD, the compliance time is the later of the
times specified in paragraphs (h)(4)(i) and (ii) of this AD.
(i) The next scheduled maintenance tank entry, or before
exceeding 78 months since airplane date of manufacture, whichever
occurs first after September 7, 2023 (the effective date of AD 2023-
14-09).
(ii) Within 12 months after September 7, 2023 (the effective
date of AD 2023-14-09).
(5) Where paragraph (2) of EASA AD 2024-0155 gives a compliance
time of ``the next scheduled maintenance tank entry, or before
exceeding 78 months after the effective date of this [EASA] AD,''
for this AD, the compliance time is the later of the times specified
in paragraphs (h)(5)(i) and (ii) of this AD.
(i) The next scheduled maintenance tank entry, or before
exceeding 78 months after the effective date of this AD, whichever
occurs first.
(ii) Within 2 months after the effective date of this AD.
(6) Where paragraph (3) of EASA AD 2024-0155 refers to
``discrepancies,'' for this AD, discrepancies include missing or
incorrectly applied sealant.
(7) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0155.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, AIR-
520, Continued Operational Safety 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 Continued Operational Safety Branch, send it to the attention of
the person identified in paragraph (j) of this AD and email to:
[email protected].
(i) 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, AIR-520,
Continued Operational Safety 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 material 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 Dan Rodina, Aviation
Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3225; email [email protected].
(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) Airbus Service Bulletin A350-57-P067, dated September 17,
2020.
(ii) Airbus Service Bulletin A350-57-P070, Revision 01, dated
March 14, 2022.
(iii) Airbus Service Bulletin A350-57-P072, dated June 24, 2022.
(iv) Airbus Service Bulletin A350-57-P073, dated June 24, 2022.
(v) Airbus Service Bulletin A350-57-P074, dated June 24, 2022.
(vi) Airbus Service Bulletin A350-57-P091, dated May 30, 2024.
(vii) European Union Aviation Safety Agency (EASA) AD 2024-0155,
dated August 13, 2024.
(3) 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.
(4) For Airbus material identified in this AD, contact Airbus
SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2,
31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 45 80; email airbus.com">continued-airworthiness.a350@airbus.com; website
airbus.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 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 March 5, 2025.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-03794 Filed 3-10-25; 8:45 am]
BILLING CODE 4910-13-P