Rule2021-16245
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 30, 2021
Effective
September 3, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in two European Union Aviation Safety Agency (EASA) ADs, which are incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 144 (Friday, July 30, 2021)</title>
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[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Rules and Regulations]
[Pages 40934-40937]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16245]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0303; Project Identifier MCAI-2020-01367-T;
Amendment 39-21611; AD 2021-13-06]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. This AD requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in two
European Union Aviation Safety Agency (EASA) ADs, which are
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.
[[Page 40935]]
DATES: This AD is effective September 3, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 3,
2021.
ADDRESSES: For material 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#1554516655707466743b7060677a65743b7060"><span class="__cf_email__" data-cfemail="1b5a5f685b7e7a687a357e6e69746b7a357e6e">[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-2021-0303.
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-
0303; 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, 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.
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#b5ded4c1ddd9d0d0db9bd4c7c7dcd2dac1c1dcf5d3d4d49bd2dac3"><span class="__cf_email__" data-cfemail="056e64716d6960606b2b6477776c626a71716c456364642b626a73">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0211, dated October 5, 2020
(EASA AD 2020-0211); and EASA AD 2021-0026, dated January 20, 2021
(EASA AD 2021-0026); (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-
0026 refers to Airbus A350 Airworthiness Limitations Section (ALS) Part
4, Variation 5.1, dated July 22, 2020. Airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued after July 22, 2020, must comply with the
airworthiness limitations specified as part of the approved type design
and referenced on the type certificate data sheet; this AD therefore
does not include those airplanes in the applicability.
The FAA issued AD 2019-20-01, Amendment 39-19754 (84 FR 55495,
October 17, 2019) (AD 2019-20-01), to require, among other things,
repetitive greasing of certain thrust reverser actuators (TRAs). For
those TRAs identified as batch 02 in EASA AD 2018-0234R2, dated
September 17, 2019 (which is required by AD 2019-20-01), the repetitive
greasing task has since been incorporated into Airbus A350
Airworthiness Limitations Section (ALS), Part 4, Systems Equipment
Maintenance Requirements (SEMR), Revision 05 Issue 02, dated June 25,
2020, which is specified in EASA 2020-0211. Accomplishing the actions
in this AD would therefore terminate the repetitive greasing of batch
02 TRAs required by paragraph (g) of AD 2019-20-01.
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 April 16, 2021 (86 FR 20086). The NPRM was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. The NPRM proposed to require revising the existing
maintenance or inspection program, as specified in EASA AD 2020-0211
and EASA AD 2021-0026.
The FAA is issuing this AD to address hazardous or catastrophic
airplane system failures. See the MCAI for additional background
information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comment
received. The Air Line Pilots Association, International (ALPA) stated
its support for the NPRM.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
<bullet> Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
<bullet> Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0211 and EASA AD 2021-0026 describe new or more
restrictive airworthiness limitations for airplane systems and safe
life limits. These documents are distinct because 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.
Costs of Compliance
The FAA estimates that this AD affects 15 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
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 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. Therefore, the agency estimates the average total cost per
operator 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
[[Page 40936]]
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.
Adoption of 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 adding the following new airworthiness
directive:
2021-13-06 Airbus SAS: Amendment 39-21611; Docket No. FAA-2021-0303;
Project Identifier MCAI-2020-01367-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 3,
2021.
(b) Affected ADs
This AD affects AD 2019-20-01, Amendment 39-19754 (84 FR 55495,
October 17, 2019) (AD 2019-20-01).
(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 July 22, 2020.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address hazardous or catastrophic airplane system
failures.
(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
2020-0211, dated October 5, 2020 (EASA AD 2020-0211); and EASA AD
2021-0026, dated January 20, 2021 (EASA AD 2021-0026). Where EASA AD
2021-0026 affects the same airworthiness limitations (tasks and life
limits) as those in EASA AD 2020-0211, the airworthiness limitations
referenced in EASA AD 2021-0026 prevail.
(h) Exceptions to EASA AD 2020-0211 and EASA AD 2021-0026
(1) Where EASA AD 2020-0211 and EASA AD 2021-0026 refers to its
effective date, this AD requires using the effective date of this
AD.
(2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0211 and EASA AD 2021-0026 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2020-0211 and EASA AD 2021-0026
specifies revising ``the approved AMP [aircraft maintenance
program]'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, to incorporate the ``limitations, tasks and associated
thresholds and intervals'' specified in paragraph (3) of EASA AD
2020-0211 and EASA AD 2021-0026 within 90 days after the effective
date of this AD.
(4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0211 and EASA AD 2021-0026 is at the
applicable ``thresholds'' as incorporated by the requirements of
paragraph (3) of EASA AD 2020-0211 and EASA AD 2021-0026, or within
90 days after the effective date of this AD, whichever occurs later.
(5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0211 do not apply to this AD.
(6) The provisions specified in paragraph (4) of EASA AD 2021-
0026 do not apply to this AD.
(7) The ``Remarks'' section of EASA AD 2020-0211 and EASA AD
2021-0026 does not apply to this AD.
(i) Provisions for Alternative Actions and Intervals
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 2020-0211 or EASA AD 2021-0026.
(j) Terminating Action for Certain Requirements of AD 2019-20-01
Accomplishing the actions required by this AD terminates the
repetitive greasing task for batch 02 group of affected thrust
reverser actuators required by paragraph (g) of AD 2019-20-01.
(k) 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 (l) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#83baaec2d5d0aec2cad1aeb4b0b3aec2ceccc0c3e5e2e2ade4ecf5"><span class="__cf_email__" data-cfemail="063f2b4750552b474f542b3135362b474b49454660676728616970">[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 (k)(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.
(l) Related Information
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#2843495c40444d4d4606495a5a414f475c5c41684e4949064f475e"><span class="__cf_email__" data-cfemail="99f2f8edf1f5fcfcf7b7f8ebebf0fef6ededf0d9fff8f8b7fef6ef">[email protected]</span></a>.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2020-0211,
dated October 5, 2020.
[[Page 40937]]
(ii) European Union Aviation Safety Agency (EASA) AD 2021-0026,
dated January 20, 2021.
(3) For EASA AD 2020-0211 and EASA AD 2021-0026, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#b1f0f5c2f1d4d0c2d09fd4c4c3dec1d09fd4c4"><span class="__cf_email__" data-cfemail="5a1b1e291a3f3b293b743f2f28352a3b743f2f">[email protected]</span></a>; internet www.easa.europa.eu. You
may find these EASA ADs on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
(4) 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-2021-0303.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<a href="/cdn-cgi/l/email-protection#0e686b6a7c6b6920626b696f624e606f7c6f20696178"><span class="__cf_email__" data-cfemail="b2d4d7d6c0d7d59cded7d5d3def2dcd3c0d39cd5ddc4">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on June 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-16245 Filed 7-29-21; 8:45 am]
BILLING CODE 4910-13-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.