Proposed Rule2021-14923
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 14, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD was prompted by a report that during flight tests, the opening of the ram air outlet flaps was found to cause a disturbance of the air flow around the ram air turbine (RAT) when the landing gear (L/ G) is extended. This proposed AD would require revising the existing airplane flight manual (AFM) and applicable corresponding operational procedures to provide procedures for all engines failure and L/G gravity extension related to certain software, and installing Airbus temporary quick change (ATQC) V3 for the flight warning system (FWS) software (SW) standard (STD) 6/2.0, 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 132 (Wednesday, July 14, 2021)</title>
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[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Proposed Rules]
[Pages 37087-37090]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14923]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0563; Project Identifier MCAI-2021-00282-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 certain Airbus SAS Model A350-941 and -1041 airplanes. This
proposed AD was prompted by a report that during flight tests, the
opening of the ram air outlet flaps was found to cause a disturbance of
the air flow around the ram air turbine (RAT) when the landing gear (L/
G) is extended. This proposed AD would require revising the existing
airplane flight manual (AFM) and applicable corresponding operational
procedures to provide procedures for all engines failure and L/G
gravity extension related to certain software, and installing Airbus
temporary quick change (ATQC) V3 for the flight warning system (FWS)
software (SW) standard (STD) 6/2.0, 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 30,
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#82c3c6f1c2e7e3f1e3ace7f7f0edf2e3ace7f7"><span class="__cf_email__" data-cfemail="3372774073565240521d5646415c43521d5646">[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-2021-0563.
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-
0563; 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: Nick Wilson, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3230; email
<a href="/cdn-cgi/l/email-protection#345a5d575c5b5855471a435d58475b5a745255551a535b42"><span class="__cf_email__" data-cfemail="8ee0e7ede6e1e2effda0f9e7e2fde1e0cee8efefa0e9e1f8">[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-2021-0563; Project Identifier
[[Page 37088]]
MCAI-2021-00282-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 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 Nick
Wilson, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3230; email <a href="/cdn-cgi/l/email-protection#6c02050f0403000d1f421b05001f03022c0a0d0d420b031a"><span class="__cf_email__" data-cfemail="f39d9a909b9c9f9280dd849a9f809c9db3959292dd949c85">[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 2021-0061, dated March 5, 2021 (EASA
AD 2021-0061) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain Airbus SAS Model A350-941 and -1041 airplanes.
This proposed AD was prompted by a report that during flight tests,
the opening of the ram air outlet flaps was found to cause a
disturbance of the air flow around the RAT when the L/G is extended.
The FAA is proposing this AD to address a non-negligible effect on the
overall performance of the RAT in case of total engine flame out (TEFO)
or electrical emergency configuration combined with the auxiliary power
unit (APU) running, which could lead to partial or total loss of RAT
electrical power generation when the RAT is deployed in an emergency
condition with the L/G extended, and possibly result in reduced control
of the airplane. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0061 describes procedures for revising the existing
AFM to provide procedures for all engines failure and L/G gravity
extension related to certain software, and installing ATQC V3 for the
FWS SW STD 6/2.0. 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 2021-0061 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
EASA AD 2021-0061 requires operators to ``inform all flight crews''
of revisions to the AFM, and thereafter to ``operate the aeroplane
accordingly.'' However, this AD would not specifically require those
actions as those actions are already required by FAA regulations. FAA
regulations require operators furnish to pilots any changes to the AFM
(for example, 14 CFR 121.137), and to ensure the pilots are familiar
with the AFM (for example, 14 CFR 91.505). As with any other flightcrew
training requirement, training on the updated AFM content is tracked by
the operators and recorded in each pilot's training record, which is
available for the FAA to review. FAA regulations also require pilots to
follow the procedures in the existing AFM including all updates. 14 CFR
91.9 requires that any person operating a civil aircraft must comply
with the operating limitations specified in the AFM. Therefore,
including a requirement in this AD to operate the airplane according to
the revised AFM would be redundant and unnecessary. Further, compliance
with such a requirement in an AD would be impracticable to demonstrate
or track on an ongoing basis; therefore, a requirement to operate the
airplane in such a manner would be unenforceable.
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 certain 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 2021-0061 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with EASA
AD 2021-0061 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 EASA AD 2021-0061 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 2021-
0061. Service information specified in EASA AD 2021-0061 that is
required for compliance with it will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0563 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 17 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 37089]]
Estimated Costs For Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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3 work-hours x $85 per hour = $255........................... $0 $255 $4,335
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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(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-2021-0563; Project Identifier MCAI-2021-
00282-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by August 30, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2021-0061, dated March 5,
2021 (EASA AD 2021-0061).
(d) Subject
Air Transport Association (ATA) of America Code 31, Instruments.
(e) Reason
This AD was prompted by a report that during flight tests, the
opening of the ram air outlet flaps was found to cause a disturbance
of the air flow around the ram air turbine (RAT) when the landing
gear is extended. The FAA is issuing this AD to address a non-
negligible effect on the overall performance of the RAT in case of
total engine flame out (TEFO) or electrical emergency configuration
combined with the auxiliary power unit (APU) running, which could
lead to partial or total loss of RAT electrical power generation
when the RAT is deployed in an emergency condition with the landing
gear extended, and possibly result in reduced control 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, EASA AD 2021-0061.
(h) Exceptions to EASA AD 2021-0061
(1) Where EASA AD 2021-0061 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2021-0061 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.
(3) Paragraph (1) of EASA AD 2021-0061 specifies amending ``the
applicable AFM [airplane flight manual],'' however this AD requires
amending ``the applicable existing AFM and applicable corresponding
operational procedures.''
(4) The ``Remarks'' section of EASA AD 2021-0061 does not apply
to this AD.
(i) 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 (j)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#5d64701c0b0e701c140f706a6e6d701c10121e1d3b3c3c733a322b"><span class="__cf_email__" data-cfemail="80b9adc1d6d3adc1c9d2adb7b3b0adc1cdcfc3c0e6e1e1aee7eff6">[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 (i)(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
[[Page 37090]]
an airworthy condition. Any substitutions or changes to procedures
or tests identified as RC require approval of an AMOC.
(j) Related Information
(1) For information about EASA AD 2021-0061 contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#3a7b7e497a5f5b495b145f4f48554a5b145f4f"><span class="__cf_email__" data-cfemail="de9f9aad9ebbbfadbff0bbabacb1aebff0bbab">[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 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-
2021-0563.
(2) For more information about this AD, contact Nick Wilson,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3230; email <a href="/cdn-cgi/l/email-protection#95fbfcf6fdfaf9f4e6bbe2fcf9e6fafbd5f3f4f4bbf2fae3"><span class="__cf_email__" data-cfemail="721c1b111a1d1e13015c051b1e011d1c321413135c151d04">[email protected]</span></a>.
Issued on July 8, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-14923 Filed 7-13-21; 8:45 am]
BILLING CODE 4910-13-P
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