Rule2021-18332
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
August 26, 2021
Effective
September 30, 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 report of in-production findings of missing or incorrect application of the lightning strike edge glow sealant protection at specific locations in the wing tanks. This AD requires an inspection for missing or incorrect application of the lightning strike edge glow sealant protection at certain locations in the wing tanks, and corrective action, as specified in a European Union Aviation Safety Agency (EASA) AD, which is 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 163 (Thursday, August 26, 2021)</title>
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[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Rules and Regulations]
[Pages 47555-47557]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18332]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0142; Project Identifier MCAI-2020-01400-T;
Amendment 39-21665; AD 2021-16-03]
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 report of in-production findings of missing or incorrect
application of the lightning strike edge glow sealant protection at
specific locations in the wing tanks. This AD requires an inspection
for missing or incorrect application of the lightning strike edge glow
sealant protection at certain locations in the wing tanks, and
corrective action, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective September 30, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
30, 2021.
ADDRESSES: For EASA 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#8ccdc8ffcce9edffeda2e9f9fee3fceda2e9f9"><span class="__cf_email__" data-cfemail="cd8c89be8da8acbeace3a8b8bfa2bdace3a8b8">[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-2021-0142.
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-
0142; 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: 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#315f5852595e5d50421f46585d425e5f715750501f565e47"><span class="__cf_email__" data-cfemail="b2dcdbd1daddded3c19cc5dbdec1dddcf2d4d3d39cd5ddc4">[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 2020-0220, dated October 13, 2020
(EASA AD 2020-0220) (also referred to after this as the Mandatory
Continuing Airworthiness Information, or the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A350-941 and -1041
airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR
[[Page 47556]]
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 March 11, 2021 (86 FR 13833). The NPRM was prompted by a
report of in-production findings of missing or incorrect application of
the lightning strike edge glow sealant protection at specific locations
in the wing tanks. The NPRM proposed to require an inspection for
missing or incorrect application of the lightning strike edge glow
sealant protection at certain locations in the wing tanks, and
corrective action, as specified in EASA AD 2020-0220.
The FAA is issuing this AD to address missing or incorrectly
applied sealant, which in combination with an undetected incorrect
installation of an adjacent fastener and a lightning strike in the
immediate area, could result in ignition of the fuel air mixture inside
the affected fuel tanks and loss of the airplane. 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. Air Line Pilots Association, International (ALPA) stated that
it supports 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 2020-0220 specifies procedures for an inspection for
missing or incorrect application of the lightning strike edge glow
sealant protection at certain locations in the wing tanks
(discrepancies), and corrective action. Corrective actions include
applying sealant in areas where sealant was found to be missing or
incorrectly applied. 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 16 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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 67 work-hours x $85 per hour = Up $0 Up to $5,695.............. Up to $91,120.
to $5,695.
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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 action:
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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1 work-hours x $85 per hour = $85..... $0 $85
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According to the manufacturer, some or all of the costs of this 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
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.
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.
[[Page 47557]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2021-16-03 Airbus SAS: Amendment 39-21665; Docket No. FAA-2021-0142;
Project Identifier MCAI-2020-01400-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 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 2020-0220, dated October 13,
2020 (EASA AD 2020-0220).
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by in-production findings of missing or
incorrect application of the lightning strike edge glow sealant
protection at specific locations in the wing tanks. The FAA is
issuing this AD to address missing or incorrectly applied sealant,
which in combination with an undetected incorrect installation of an
adjacent fastener and a lightning strike in the immediate area,
could result in ignition of the fuel-air mixture inside the affected
fuel tanks and 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, EASA AD 2020-0220.
(h) Exceptions to EASA AD 2020-0220
(1) Where EASA AD 2020-0220 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0220 does not apply
to this AD.
(3) Where paragraph (1) of EASA AD 2020-0220 gives a compliance
time of ``the next scheduled maintenance tank entry, or before
exceeding 6 years since Airbus date of manufacture, whichever occurs
first after the effective date of this AD,'' 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 6 years since Airbus date of manufacture, whichever occurs
first after the effective date of this AD.
(ii) Within 6 months after the effective date of this AD.
(4) Where paragraph (2) of EASA AD 2020-0220 refers to
``discrepancies,'' for this AD, discrepancies include missing or
incorrectly applied sealant.
(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) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#f4cdd9b5a2a7d9b5bda6d9c3c7c4d9b5b9bbb7b4929595da939b82"><span class="__cf_email__" data-cfemail="92abbfd3c4c1bfd3dbc0bfa5a1a2bfd3dfddd1d2f4f3f3bcf5fde4">[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 an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(j) Related Information
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#07696e646f686b667429706e6b7468694761666629606871"><span class="__cf_email__" data-cfemail="93fdfaf0fbfcfff2e0bde4faffe0fcfdd3f5f2f2bdf4fce5">[email protected]</span></a>.
(k) 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 2020-0220,
dated October 13, 2020.
(ii) [Reserved]
(3) For EASA AD 2020-0220, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#e6a7a295a683879587c8839394899687c88393"><span class="__cf_email__" data-cfemail="7435300734111507155a1101061b04155a1101">[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>.
(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-2021-0142.
(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#84e2e1e0f6e1e3aae8e1e3e5e8c4eae5f6e5aae3ebf2"><span class="__cf_email__" data-cfemail="2d4b48495f484a0341484a4c416d434c5f4c034a425b">[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 July 21, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-18332 Filed 8-25-21; 8:45 am]
BILLING CODE 4910-13-P
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