Proposed Rule2021-25072
Airworthiness Directives; Airbus SAS Airplanes
Primary source
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Published
November 18, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2019-26-01, which applies to certain Airbus SAS Model A350-941 and - 1041 airplanes. AD 2019-26-01 requires repetitive detailed inspections, and applicable corrective actions, and provides an optional modification that would terminate the inspections. Since the FAA issued AD 2019-26-01, a determination was made that a related production modification was not properly installed on certain airplanes. This proposed AD would retain the requirements of AD 2019-26-01, and, for certain airplanes, would add a one-time detailed inspection of the modification for proper installation, and applicable corrective actions if necessary, 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 220 (Thursday, November 18, 2021)</title>
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[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Proposed Rules]
[Pages 64416-64419]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25072]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-1006; Project Identifier MCAI-2021-00700-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)
2019-26-01, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2019-26-01 requires repetitive detailed inspections,
and applicable corrective actions, and provides an optional
modification that would terminate the inspections. Since the FAA issued
AD 2019-26-01, a determination was made that a related production
modification was not properly installed on certain airplanes. This
proposed AD would retain the requirements of AD 2019-26-01, and, for
certain airplanes, would add a one-time detailed inspection of the
modification for proper installation, and applicable corrective actions
if necessary, 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 January 3,
2022.
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 the material that will be incorporated by reference (IBR) in
this AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#df9e9bac9fbabeacbef1baaaadb0afbef1baaa"><span class="__cf_email__" data-cfemail="c9888dba89aca8baa8e7acbcbba6b9a8e7acbc">[email protected]</span></a>; internet
www.easa.europa.eu. 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-2021-1006.
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-
1006; 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,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225; email
<a href="/cdn-cgi/l/email-protection#690d0807471b060d000708290f0808470e061f"><span class="__cf_email__" data-cfemail="7d191c13530f121914131c3d1b1c1c531a120b">[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-2021-1006; Project Identifier
MCAI-2021-00700-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, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and
fax 206-231-3225; email <a href="/cdn-cgi/l/email-protection#3f5b5e51114d505b56515e7f595e5e11585049"><span class="__cf_email__" data-cfemail="294d4847075b464d404748694f4848074e465f">[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 2019-26-01, Amendment 39-21023 (85 FR 4199,
January 24, 2020) (AD 2019-26-01), which applies to certain Airbus SAS
Model A350-941 and -1041 airplanes. AD 2019-26-01 requires repetitive
detailed inspections, and applicable corrective actions, and provides
an optional modification that would terminate the inspections. The FAA
issued AD 2019-26-01 to address possible water ingress due to sealant
bead damage, which could result in
[[Page 64417]]
corrosion damage in the aluminum corner fitting. This condition, if not
addressed, could lead to detachment and loss of the trimmable
horizontal stabilizer (THS), possibly resulting in loss of control of
the airplane and injury to persons on the ground.
Actions Since AD 2019-26-01 Was Issued
Since the FAA issued AD 2019-26-01, it has been determined that
Airbus production modification 113102 was not properly installed on
certain Airbus SAS Model A350-941 and -1041 airplanes.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0141, dated June 15, 2021 (EASA
AD 2021-0141) (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. EASA AD
2021-0141 supersedes EASA AD 2019-0206 (which corresponds to FAA AD
2019-26-01).
This proposed AD was prompted by a determination that a related
production modification was not properly installed on certain
airplanes. The FAA is proposing this AD to address possible water
ingress due to sealant bead damage, which could result in corrosion
damage in the aluminum corner fitting. This condition, if not
addressed, could lead to detachment and loss of the THS, possibly
resulting in loss of control of the airplane and injury to persons on
the ground. See the MCAI for additional background information.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2019-26-01, this proposed AD would retain all of the
requirements of AD 2019-26-01. Those requirements are referenced in
EASA AD 2021-0141, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0141 describes procedures for repetitive detailed
inspections for damage of the fillet sealant and corrosion on aluminum
in the lower and upper corner fittings and bearing assembly attachment
interface at frame (FR) 102, left-hand and right-hand sides, and an
optional modification (application of new corrosion protection in the
THS upper and lower attachment fitting bearing assembly) that would
eliminate the need for the repetitive inspections. EASA AD 2021-0141
also describes procedures for a one-time detailed inspection of the
modification of the lower and upper corner fittings and bearing
assembly attachment interface at FR 102, left-hand and right-hand sides
(Airbus production modification 113102) for discrepancies (including
missing sealant bead, cracks in the sealant bead, and corrosion on the
affected bearing zone) and corrective actions (including, but not
limited to, a check for grease, a check for cracks in the sealant bead,
applying sealant, torqueing the bearing nut, inspecting for corrosion
on the affected bearing zone, applying corrosion preventative compound
and actions to address missing grease and corrosion). 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 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 require accomplishing the actions specified
in EASA AD 2021-0141 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 2021-0141 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0141 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 2021-0141 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-
0141. Service information required by EASA AD 2021-0141 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-2021-1006 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:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 2019- 30 work-hours x $85 per $0 $2,550 $38,250
26[dash]01. hour = $2,550.
New proposed actions.................. 32 work-hours x $85 per 0 2,720 40,800
hour = $2,720.
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The FAA has received no definitive data that would enable the
agency to provide cost estimates for the corrective actions (including
repair) specified in this proposed AD.
[[Page 64418]]
Estimated Costs of Optional Actions
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Cost per
Labor cost Parts cost product
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34 work-hours x $85 per hour = $2,890. $0 $2,890
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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:
0
a. Removing Airworthiness Directive (AD) 2019-26-01, Amendment 39-21023
(85 FR 4199, January 24, 2020); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2021-1006; Project Identifier MCAI-2021-
00700-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 3, 2022.
(b) Affected ADs
This AD replaces AD 2019-26-01, Amendment 39-21023 (85 FR 4199,
January 24, 2020) (AD 2019-26-01).
(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 2021-0141, dated June 15,
2021 (EASA AD 2021-0141).
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by reports of sealant bead damage caused by
rotation of the attachment fitting bearing assembly of a trimmable
horizontal stabilizer (THS) and a determination that a related
production modification was not properly installed on certain
airplanes. The FAA is issuing this AD to address possible water
ingress due to sealant bead damage, which could result in corrosion
damage in the aluminum corner fitting. This condition, if not
addressed, could lead to detachment and loss of the THS, possibly
resulting in loss of control of the airplane and injury to persons
on the ground.
(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 2021-0141.
(h) Exceptions to EASA AD 2021-0141
(1) Where EASA AD 2021-0141 refers to February 21, 2018 (the
effective date of EASA AD 2018-0037), this AD requires using
February 28, 2020 (the effective date of FAA AD 2019-26-01).
(2) Where EASA AD 2021-0141 refers to its effective date, this
AD requires using the effective date of this AD.
(3) The ``Remarks'' section of EASA AD 2021-0141 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#ba8397fbece997fbf3e8978d898a97fbf7f5f9fadcdbdb94ddd5cc"><span class="__cf_email__" data-cfemail="d8e1f5998e8bf599918af5efebe8f59995979b98beb9b9f6bfb7ae">[email protected]</span></a>.
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD 2019-26-01 are approved as
AMOCs for the corresponding provisions of EASA AD 2021-0141 that are
required by paragraph (g) of this AD.
(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): For any service information
referenced in EASA AD 2021-0141 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
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.
[[Page 64419]]
(j) Related Information
(1) For information about EASA AD 2021-0141, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#e5a4a196a580849684cb8090978a9584cb8090"><span class="__cf_email__" data-cfemail="c58481b685a0a4b6a4eba0b0b7aab5a4eba0b0">[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-
2021-1006.
(2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3225; email <a href="/cdn-cgi/l/email-protection#5a3e3b347428353e33343b1a3c3b3b743d352c"><span class="__cf_email__" data-cfemail="37535659194558535e59567751565619505841">[email protected]</span></a>.
Issued on November 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-25072 Filed 11-17-21; 8:45 am]
BILLING CODE 4910-13-P
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