Proposed Rule2021-23345
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
October 29, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2021-11-23, which applies to certain Airbus SAS Model A350-941 and - 1041 airplanes. AD 2021-11-23 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, and, for certain airplanes, and updating the hydraulic monitoring system to include additional redundancy. Since the FAA issued AD 2021-11-23, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA). This proposed AD would also revise the applicability to include different airplanes. 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 207 (Friday, October 29, 2021)</title>
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[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Proposed Rules]
[Pages 59896-59899]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23345]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0945; Project Identifier MCAI-2021-01033-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 supersede Airworthiness Directive (AD)
2021-11-23, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2021-11-23 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, and, for certain airplanes,
and updating the hydraulic monitoring system to include additional
redundancy. Since the FAA issued AD 2021-11-23, the FAA has determined
that new or more restrictive airworthiness limitations are necessary.
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, as specified in a European Union
Aviation Safety Agency (EASA). This proposed AD would also revise the
applicability to include different airplanes. 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 December
13, 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 EASA 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#b5f4f1c6f5d0d4c6d49bd0c0c7dac5d49bd0c0"><span class="__cf_email__" data-cfemail="2465605764414557450a4151564b54450a4151">[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. EASA material 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-
0945.
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-
0945; 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#4521242b6b372a212c2b24052324246b222a33"><span class="__cf_email__" data-cfemail="593d3837772b363d303738193f3838773e362f">[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-2021-0945; Project Identifier
MCAI-2021-01033-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#46222728683429222f28270620272768212930"><span class="__cf_email__" data-cfemail="a5c1c4cb8bd7cac1cccbc4e5c3c4c48bc2cad3">[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
The FAA issued AD 2021-11-23, Amendment 39-21585 (86 FR 40932, July
30, 2021) (AD 2021-11-23), for certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2021-11-23 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations and, for certain airplanes,
updating the hydraulic monitoring system to include additional
redundancy. The FAA issued AD 2021-11-23 to address the overheat
failure mode of the hydraulic engine-driven pump, which may cause a
fast temperature rise of the hydraulic fluid, and, if combined with an
inoperative fuel tank inerting system, could lead to an uncontrolled
overheat of the hydraulic fluid, possibly resulting in ignition of the
fuel-air mixture of the affected fuel tank.
Actions Since AD 2021-11-23 Was Issued
Since the FAA issued AD 2021-11-23, the FAA has determined that new
or more restrictive airworthiness limitations are necessary.
EASA, which is the Technical Agent for the Member States of the
European
[[Page 59897]]
Union, has issued EASA AD 2021-0209, dated September 15, 2021 (EASA AD
2021-0209) (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 2021-0209 refers
to Airbus A350 Airworthiness Limitations Section (ALS), Part 5, ``Fuel
Airworthiness Limitations (FAL),'' Revision 05, dated June 30, 2021,
which includes updating the hydraulic monitoring system. Airplanes with
an original airworthiness certificate or original export certificate of
airworthiness issued after June 30, 2021, must comply with the
airworthiness limitations specified as part of the approved type design
and referenced on the type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability. EASA
AD 2021-0209 supersedes EASA AD 2020-0268, dated December 4, 2020
(which corresponds to FAA AD 2021-11-23).
This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address the potential of ignition sources inside
fuel tanks, which, in combination with flammable fuel vapors, could
result in a fuel tank explosion and consequent loss of the airplane.
See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0209 describes new or more restrictive airworthiness
limitations related to fuel tank ignition prevention and fuel tank
flammability reduction.
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
and service information referenced above. The FAA is proposing this AD
because the FAA has evaluated all pertinent information and determined
an unsafe condition exists and is likely to exist or develop on other
products of the same type design.
Proposed AD Requirements
This proposed AD would also require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, which are specified in EASA
AD 2021-0209 described previously, as incorporated by reference. Any
differences with EASA AD 2021-0209 are identified as exceptions in the
regulatory text of this AD. This proposed AD would also require
accomplishing a certain airworthiness limitation using the Airbus
service information described previously.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(j)(1) of this proposed AD.
This proposed AD does not restate the requirements of AD 2021-11-23
due to an error in the applicability of that AD. The applicability of
AD 2021-11-23 identified airplanes having an original airworthiness
certificate or original export certificate of airworthiness issued
``after'' September 15, 2020, instead of ``on or before'' September 15,
2020. The affected airplanes are correctly identified in the
applicability of this new proposed 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 2021-0209 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0209 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 2021-0209 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-
0209.
Service information required by EASA AD 2021-0209 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-2021-0945 after the FAA final rule is
published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in the
AMOCs paragraph under ``Other FAA Provisions.'' This new format
includes a ``New Provisions for Alternative Actions, Intervals, and
CDCCLs'' paragraph that does not specifically refer to AMOCs, but
operators may still request an AMOC to use an alternative action,
interval, or CDCCL.
Costs of Compliance
The FAA estimates that this proposed AD affects 24 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 59898]]
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.
The FAA estimates the total cost per operator for the proposed
maintenance or inspection program revision to be $7,650 (90 work-hours
J $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
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:
0
a. Removing Airworthiness Directive (AD) 2021-11-23, Amendment 39-21585
(86 FR 40932, July 30, 2021); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2021-0945; Project Identifier MCAI-2021-
01033-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 13, 2021.
(b) Affected ADs
This AD replaces AD 2021-11-23, Amendment 39-21585 (86 FR 40932,
July 30, 2021) (AD 2021-11-23).
(c) Applicability
This AD applies 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 June 30, 2021.
(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 the potential of ignition sources inside
fuel tanks, which, in combination with flammable fuel vapors, could
result in a fuel tank explosion and consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision
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
2021-0209, dated September 15, 2021 (EASA AD 2021-0209).
(h) Exceptions to EASA AD 2021-0209
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0209 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2021-0209 specifies revising ``the
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 2021-0209 within 90 days after
the effective date of this AD.
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2021-0209 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2021-0209, or
within 90 days after the effective date of this AD, whichever occurs
later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2021-0209 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2021-0209 does not apply
to this AD.
(i) Provisions for Alternative Actions, Intervals, and CDCCLs
After the maintenance or inspection program has been revised as
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections), intervals, and critical design configuration control
limitations (CDCCLs) are allowed unless they are approved as
specified in the provisions of the ``Ref. Publications'' section of
EASA AD 2021-0209.
(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#1a23375b4c49375b5348372d292a375b5755595a7c7b7b347d756c"><span class="__cf_email__" data-cfemail="e8d1c5a9bebbc5a9a1bac5dfdbd8c5a9a5a7aba88e8989c68f879e">[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
[[Page 59899]]
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 2021-0209, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#9edfdaeddefbffedffb0fbebecf1eeffb0fbeb"><span class="__cf_email__" data-cfemail="c28386b182a7a3b1a3eca7b7b0adb2a3eca7b7">[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>. For Airbus service information identified in this
AD, contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93
36 96; fax +33 5 61 93 45 80; email <a href="/cdn-cgi/l/email-protection#1f7c70716b76716a7a7b327e766d68706d6b7776717a6c6c317e2c2a2f5f7e766d7d6a6c317c7072"><span class="__cf_email__" data-cfemail="482b27263c21263d2d2c6529213a3f273a3c2021262d3b3b66297b7d780829213a2a3d3b662b2725">[email protected]</span></a>; internet <a href="https://www.airbus.com">https://www.airbus.com</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-2021-0945.
(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#7a1e1b145408151e13141b3a1c1b1b541d150c"><span class="__cf_email__" data-cfemail="6c080d02421e030805020d2c0a0d0d420b031a">[email protected]</span></a>.
Issued on October 21, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-23345 Filed 10-28-21; 8:45 am]
BILLING CODE 4910-13-P
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