Proposed Rule2021-14269
Airworthiness Directives; Airbus SAS Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 6, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD was prompted by a report of a broken forward guide arm found during a passenger door emergency opening test. Investigation results indicated that the opening speed of the door was higher than expected, likely caused by a reduced damping due to oil leakage of the passenger door damper emergency opening actuator (DEOA). This proposed AD would require repetitively replacing certain forward and aft guide arms on the passenger door, inspecting the forward and aft guide arm support brackets for damage, modifying certain DEOAs, and repair if necessary. This proposed AD would also provide an optional terminating action for the repetitive replacements, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 126 (Tuesday, July 6, 2021)</title>
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[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Proposed Rules]
[Pages 35413-35416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14269]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0545; Project Identifier MCAI-2021-00071-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 adopt a new airworthiness directive (AD)
for all Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD
was prompted by a report of a broken forward guide arm found during a
passenger door emergency opening test. Investigation results indicated
that the opening speed of the door was higher than expected, likely
caused by a reduced damping due to oil leakage of the passenger door
damper emergency opening actuator (DEOA). This proposed AD would
require repetitively replacing certain forward and aft guide arms on
the passenger door, inspecting the forward and aft guide arm support
brackets for damage, modifying certain DEOAs, and repair if necessary.
This proposed AD would also provide an optional terminating action for
the repetitive replacements, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference. 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 August 20,
2021.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 material that will be 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#6120251221040012004f0414130e11004f0414"><span class="__cf_email__" data-cfemail="36777245765357455718534344594657185343">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. You may view this IBR 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 on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0545.
Examining the AD Docket
You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0545; 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, any comments received, and other information. The street
address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email <a href="/cdn-cgi/l/email-protection#751e14011d1910101b5b1407071c121a01011c351314145b121a03"><span class="__cf_email__" data-cfemail="ff949e8b97939a9a91d19e8d8d9698908b8b96bf999e9ed1989089">[email protected]</span></a>.
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 ADDRESSES. Include ``Docket No. FAA-2021-0545; Project Identifier
MCAI-2021-00071-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
the 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any
[[Page 35414]]
personal information you provide. The agency will also post a report
summarizing each substantive verbal contact received about this
proposed AD.
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
Kathleen Arrigotti, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax 206-231-3218; email
<a href="/cdn-cgi/l/email-protection#036862776b6f66666d2d6271716a646c77776a436562622d646c75"><span class="__cf_email__" data-cfemail="bed5dfcad6d2dbdbd090dfccccd7d9d1cacad7fed8dfdf90d9d1c8">[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 2021-0085, dated March 19, 2021
(EASA AD 2021-0085) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A350-941 and -1041 airplanes. EASA AD 2021-
0085 supersedes EASA AD 2021-0018 dated 15 January 2021, retains all
requirements and adds terminating action for the repetitive
replacements.
This proposed AD was prompted by a report of a broken forward guide
arm found during a passenger door emergency opening test. Investigation
results indicated that the opening speed of the door was higher than
expected, likely caused by a reduced damping due to oil leakage of the
passenger door DEOA. The FAA is proposing this AD to address failure of
a passenger door to perform its intended function during an emergency
opening, which could result in reduced evacuation capacity from the
airplane and injury to occupants. See the MCAI for additional
background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0085 describes procedures for repetitively replacing
the forward and aft guide arms following any passenger door emergency
opening, modifying the airplane so that there is a maximum of one
affected DEOA per door pair (left- and right-hand sides), inspecting
the forward and aft guide arm support brackets for damage, and repair.
EASA AD 2021-0085 also describes procedures for replacement of each
affected DEOA having part number FE396001001, which is terminating
action for the repetitive replacements.
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 and Requirements of This Proposed AD
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 the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0085 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2021-0085
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2021-0085 in 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 the EASA AD 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 the EASA AD. Service information specified
in EASA AD 2021-0085 that is required for compliance with EASA AD 2021-
0085 will be available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
by searching for and locating Docket No. FAA-2021-0545 after the FAA
final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 15 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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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 93 work-hours x $85 per hour Up to $13,600......... Up to $21,505........ Up to $322,575.
= Up to $7,905.
Modification....................... $0.................... Up to $935........... Up to $14,025.
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed AD.
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby
[[Page 35415]]
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(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Airbus SAS: Docket No. FAA-2021-0545; Project Identifier MCAI-2021-
00071-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by August 20, 2021.
(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 52, Doors.
(e) Reason
This AD was prompted by a report of a broken forward guide arm
found during a passenger door emergency opening test. Investigation
results indicated that the opening speed of the door was higher than
expected, likely caused by a reduced damping due to oil leakage of
the passenger door damper emergency opening actuator (DEOA). The FAA
is issuing this AD to address failure of a passenger door to perform
its intended function during an emergency opening, which could
result in reduced evacuation capacity from the airplane and injury
to occupants.
(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) EASA
AD 2021-0085, dated March 19, 2021 (EASA AD 2021-0085).
(h) Exceptions to EASA AD 2021-0085
(1) Where EASA AD 2021-0085 refers to January 29, 2021 (the
effective date of EASA AD 2021-0018), this AD requires using the
effective date of this AD.
(2) Where EASA AD 2021-0085 refers to its effective date, this
AD requires using the effective date of this AD.
(3) The ``Remarks'' section of EASA AD 2021-0085 does not apply
to this AD.
(4) Where paragraphs (4) and (5) of EASA AD 2021-0085 refer to
``the limits as defined in the inspection SB [service bulletin],''
for this AD use ``the limits as defined in ASR [aircraft structural
repair] A350-A-51-73-11-01ZZZ-667Z-A.''
(5) Where paragraphs (1) and (2) of EASA AD 2021-0085 specify to
``replace the forward and aft guide arms on that door in accordance
with the instructions of the inspection SB,'' this AD requires
``removing the forward and aft guide arms on that door, in
accordance with the instructions of the inspections SB; doing a
detailed inspection of the forward and aft guide arm support bracket
on that door and all applicable corrective actions as specified in
paragraphs (3) through (5) of EASA AD 2021-0085; and installing new
forward and aft guide arms on that door, in accordance with the
instructions of the inspections SB.''
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0085
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Other FAA 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)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#fcc5d1bdaaafd1bdb5aed1cbcfccd1bdb1b3bfbc9a9d9dd29b938a"><span class="__cf_email__" data-cfemail="51687c1007027c1018037c6662617c101c1e12113730307f363e27">[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
paragraph (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
(1) For information about EASA AD 2021-0085, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#97d6d3e4d7f2f6e4f6b9f2e2e5f8e7f6b9f2e2"><span class="__cf_email__" data-cfemail="91d0d5e2d1f4f0e2f0bff4e4e3fee1f0bff4e4">[email protected]</span></a>; internet www.easa.europa.eu. You
may find this EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. You may view this material at the FAA,
Airworthiness Products
[[Page 35416]]
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. This material may be found in the AD
docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for and locating Docket No. FAA-2021-0545.
(2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3218; email <a href="/cdn-cgi/l/email-protection#e48f85908c8881818aca8596968d838b90908da4828585ca838b92"><span class="__cf_email__" data-cfemail="f59e94819d9990909bdb9487879c929a81819cb5939494db929a83">[email protected]</span></a>.
Issued on June 29, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-14269 Filed 7-2-21; 8:45 am]
BILLING CODE 4910-13-P
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