AD 2023-07-13

This AD is effective June 20, 2023.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 20, 2023.

AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA-2022-1659; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

Material Incorporated by Reference:

• For material incorporated by reference in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu.

• 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 regulations.gov under Docket No. FAA-2022-1659.

Dat Le, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 516-228-7317; email Dat.V.Le@faa.gov.

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus SAS Model A350-941 and -1041 airplanes. The NPRM published in the Federal Register on January 12, 2023 (88 FR 2032). The NPRM was prompted by AD 2022-0196, dated September 20, 2022, issued by EASA, which is the Technical Agent for the Member States of the European Union (EASA AD 2022-0196) (also referred to as the MCAI). The MCAI states that the manufacturer has received reports of broken lower attachment studs on the AFT galley complex. The manufacturer's investigation indicates that the broken lower attachment studs resulted from a hydrogen-induced failure. This condition, if not addressed, could lead to galley detachment, resulting in injury to airplane occupants and reduced capacity for emergency evacuation of the airplane.

In the NPRM, the FAA proposed to require repetitive detailed inspections of the lower attachment studs and, depending on findings, replacement of the lower attachment studs, as specified in EASA AD 2022-0196. The FAA is issuing this AD to address the unsafe condition on these products.

You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2022-1659.

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

The FAA received an additional comment from Delta Air Lines (DAL). The following presents the comment received on the NPRM and the FAA's response.

DAL requested clarification of the reporting requirements in the NPRM. DAL noted that the Airbus Alert Operators Transmission (AOT) referenced by EASA AD 2022-0196 addresses reporting of inspection results (with or without finding) to Airbus Customer Services. DAL proposed that the FAA AD verify that this reporting requirement is not mandated.

The FAA agrees to clarify. As specified in paragraph (i)(3) of this AD, if any service information contains paragraphs that are identified as RC (required for compliance), those paragraphs must be done to comply with this AD; any paragraphs that are not identified as RC are recommended. The reporting paragraph in the Airbus AOT referenced in EASA AD 2022-0196 is not labeled as RC; therefore, reporting is not required for compliance in this AD. The FAA has not changed this AD as a result of this comment.

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.

EASA AD 2022-0196 specifies procedures for repetitive detailed inspections for broken lower attachment studs and, depending on findings, replacement of the lower attachment studs on the AFT galley complex. The MCAI specifies that replacement of the lower attachment studs on the AFT galley complex constitutes a terminating action for the repetitive detailed inspections. The MCAI also prohibits the installation of affected parts on any airplane. 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 ADDRESSES.

The FAA considers that this AD is an interim action. If final action is later identified, the FAA may consider further rulemaking.

The FAA estimates that this AD affects 8 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:

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 action:

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive: