Proposed Rule2021-20405
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
September 23, 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 reports of slat transmission jams caused by frozen slat geared rotary actuators (SGRA) at slat 5 track 12. This proposed AD would require repetitive water drainage and plug cleaning of the left- and right-hand SGRA having a certain part number installed on slat 5 track 12 with certain functional item numbers, 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 182 (Thursday, September 23, 2021)</title>
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[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Proposed Rules]
[Pages 52848-52851]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20405]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0827; Project Identifier MCAI-2021-00617-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 reports of slat transmission jams caused by frozen slat
geared rotary actuators (SGRA) at slat 5 track 12. This proposed AD
would require repetitive water drainage and plug cleaning of the left-
and right-hand SGRA having a certain part number installed on slat 5
track 12 with certain functional item numbers, 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 November 8,
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#4203063102272331236c2737302d32236c2737"><span class="__cf_email__" data-cfemail="6d2c291e2d080c1e0c4308181f021d0c430818">[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
[[Page 52849]]
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-2021-0827.
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-
0827; 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: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225; email
<a href="/cdn-cgi/l/email-protection#5337323d7d213c373a3d32133532327d343c25"><span class="__cf_email__" data-cfemail="e6828788c89489828f8887a6808787c8818990">[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-2021-0827; Project Identifier
MCAI-2021-00617-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, Dan
Rodina, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3225; email <a href="/cdn-cgi/l/email-protection#f195909fdf839e95989f90b1979090df969e87"><span class="__cf_email__" data-cfemail="0f6b6e61217d606b66616e4f696e6e21686079">[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 2021-0130R1, dated June 10, 2021
(EASA AD 2021-0130R1) (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.
This proposed AD was prompted by reports of slat transmission jams
caused by frozen SGRA at slat 5 track 12. Further investigation showed
that the jams occur when water in the SGRA freezes due to low
temperature during cruise and insufficient water drainage. The FAA is
proposing this AD to address SGRA jams, which could result in reduced
control of the airplane. See the MCAI for additional background
information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0130R1 describes procedures for repetitive water
drainage and plug cleaning of the left- and right-hand SGRA having part
number 4775A0000-02 installed on slat 5 track 12 with functional item
number (FIN) 5045CW and FIN 5145CW (including reinstalling incorrectly
installed drain plug assemblies and replacing any damaged or missing
nylon pins). 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 2021-0130R1 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 developed a process to use some 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, the
FAA proposes to incorporate EASA AD 2021-0130R1 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0130R1 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 2021-0130R1 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-
0130R1. Service information required by EASA AD 2021-0130R1 for
compliance will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0827 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:
[[Page 52850]]
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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4 work-hours x $85 per hour = $340........................... $0 $340 $5,100
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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-2021-0827; Project Identifier MCAI-2021-
00617-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by November 8, 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 27, Flight
controls.
(e) Reason
This AD was prompted by reports of slat transmission jams caused
by frozen slat geared rotary actuators (SGRA) at slat 5 track 12 due
to low temperature during cruise and insufficient water drainage.
The FAA is issuing this AD to address SGRA jams, which could 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, European Union Aviation Safety Agency (EASA) AD
2021-0130R1, dated June 10, 2021 (EASA AD 2021-0130R1).
(h) Exceptions to EASA AD 2021-0130R1
(1) Where EASA AD 2021-0130R1 refers to ``the effective date of
the original issue of this [EASA] AD,'' this AD requires using the
effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2021-0130R1 does not
apply to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-
0130R1 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#d7eefa968184fa969e85fae0e4e7fa969a989497b1b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="9fa6b2dec9ccb2ded6cdb2a8acafb2ded2d0dcdff9fefeb1f8f0e9">[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 2021-0130R1 contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#88c9ccfbc8ede9fbe9a6edfdfae7f8e9a6edfd"><span class="__cf_email__" data-cfemail="bcfdf8cffcd9ddcfdd92d9c9ced3ccdd92d9c9">[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
[[Page 52851]]
the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2021-0827.
(2) For more information about this AD, contact, Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3225; email <a href="/cdn-cgi/l/email-protection#88ece9e6a6fae7ece1e6e9c8eee9e9a6efe7fe"><span class="__cf_email__" data-cfemail="fd999c93d38f929994939cbd9b9c9cd39a928b">[email protected]</span></a>.
Issued on September 16, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-20405 Filed 9-22-21; 8:45 am]
BILLING CODE 4910-13-P
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