Proposed Rule2022-02723
Airworthiness Directives; Airbus SAS Airplanes
Primary source
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Published
February 10, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD was prompted by a report indicating that on the A350 final assembly line (FAL), certain load sensing drive struts (LSDS) and drive struts (DS) were found not adjusted (the nut was not torqued) and not locked. Investigation revealed that the LSDS and DS had been changed as re-work action due to pre-installation damage, but production operations (adjustment and locking) were not done afterwards. This proposed AD would require, for certain airplanes, inspection of the LSDS for correct adjustment and locking, and replacement if necessary, and, for certain other airplanes, replacement of each affected DS with a serviceable part, 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 87 Issue 28 (Thursday, February 10, 2022)</title>
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[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Proposed Rules]
[Pages 7765-7767]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02723]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0098; Project Identifier MCAI-2021-01084-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 certain Airbus SAS Model A350-941 and -1041 airplanes. This
proposed AD was prompted by a report indicating that on the A350 final
assembly line (FAL), certain load sensing drive struts (LSDS) and drive
struts (DS) were found not adjusted (the nut was not torqued) and not
locked. Investigation revealed that the LSDS and DS had been changed as
re-work action due to pre-installation damage, but production
operations (adjustment and locking) were not done afterwards. This
proposed AD would require, for certain airplanes, inspection of the
LSDS for correct adjustment and locking, and replacement if necessary,
and, for certain other airplanes, replacement of each affected DS with
a serviceable part, 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 March 28,
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 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#7e3f3a0d3e1b1f0d1f501b0b0c110e1f501b0b"><span class="__cf_email__" data-cfemail="acede8dfecc9cddfcd82c9d9dec3dccd82c9d9">[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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2022-0098.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0098; 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, the
mandatory continuing airworthiness information (MCAI), 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#8eeaefe0a0fce1eae7e0efcee8efefa0e9e1f8"><span class="__cf_email__" data-cfemail="a0c4c1ce8ed2cfc4c9cec1e0c6c1c18ec7cfd6">[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-2022-0098; Project Identifier
MCAI-2021-01084-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
this 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 NPRM.
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
[[Page 7766]]
206-231-3225; email <a href="/cdn-cgi/l/email-protection#5531343b7b273a313c3b34153334347b323a23"><span class="__cf_email__" data-cfemail="dcb8bdb2f2aeb3b8b5b2bd9cbabdbdf2bbb3aa">[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 2021-0220, dated October 1, 2021
(EASA AD 2021-0220), to correct an unsafe condition for certain Airbus
SAS Model A350-941 and -1041 airplanes.
This proposed AD was prompted by a report indicating that on the
A350 FAL, LSDS track 1 and DS track 2 were found not adjusted (the nut
was not torqued) and not locked. Investigation revealed that the LSDS
and DS had been changed as re-work action due to pre-installation
damage, but production operations (adjustment and locking) were not
done afterwards. The FAA is proposing this AD to prevent degradation of
the load-carrying capability of an LSDS or DS, which could result in
the in-flight detachment of a flap, resulting in structural damage and
reduced controllability of the airplane. See the MCAI for additional
background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0220 describes procedures for a detailed inspection of
the LSDS for correct adjustment and locking, and replacement of the
LSDS if any discrepancy (movement of either nut) is found, for
airplanes in Configurations 1 through 4. The service information also
describes procedures for replacement of each affected DS with a
serviceable part, for airplanes in Configurations 5 and 6. 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
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 in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0220 described previously, except for any differences
identified as exceptions in the regulatory text of this 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 2021-0220 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0220 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 2021-0220 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-
0220. Service information required by EASA AD 2021-0220 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-2022-0098 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed AD affects 6 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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Labor cost Parts cost Cost per product Cost on U.S. operators
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LSDS inspection: Up to 14 $0..................... $Up to $1,190.......... Up to $7,140 (6
work[dash]hours x $85 per hour = Up airplanes).
to $1,190.
DS replacement: Up to 11 work-hours x $Up to 84,470.......... Up to $85,405.......... Up to $85,405 (1
$85 per hour = Up to $935. airplane).
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The FAA estimates the following costs to do any necessary on-
condition LSDS replacement 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 replacement:
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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Up to 10 work-hours (2 per LSDS) x $85 Up to $76,173..................... Up to $77,023.
per hour = Up to $850.
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According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. 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.
[[Page 7767]]
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-2022-0098; Project Identifier MCAI-2021-
01084-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 28, 2022.
(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 2021-0220, dated October 1,
2021 (EASA AD 2021-0220).
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Controls.
(e) Unsafe Condition
This AD was prompted by a report indicating that on the A350
final assembly line (FAL), certain load sensing drive struts (LSDS)
and drive struts (DS) were found not adjusted (the nut was not
torqued) and not locked. Investigation revealed that the LSDS and DS
had been changed as re-work action due to pre-installation damage,
but production operations (adjustment and locking) were not done
afterwards. The FAA is issuing this AD to prevent degradation of the
load-carrying capability of an LSDS or DS, which could result in the
in-flight detachment of a flap, resulting in structural damage and
reduced controllability 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 2021-0220.
(h) Exceptions to EASA AD 2021-0220
(1) Where EASA AD 2021-0220 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (2) of EASA AD 2021-0220 refers to a
``discrepancy, as defined in the SB,'' this AD defines a discrepancy
as movement of either nut.
(3) The ``Remarks'' section of EASA AD 2021-0220 does not apply
to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0220
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Additional 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#90a9bdd1c6c3bdd1d9c2bda7a3a0bdd1dddfd3d0f6f1f1bef7ffe6"><span class="__cf_email__" data-cfemail="a99084e8fffa84e8e0fb849e9a9984e8e4e6eae9cfc8c887cec6df">[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): 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 2021-0220 contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#cf8e8bbc8faaaebcaee1aababda0bfaee1aaba"><span class="__cf_email__" data-cfemail="8ecfcafdceebeffdefa0ebfbfce1feefa0ebfb">[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-
2022-0098.
(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#a5c1c4cb8bd7cac1cccbc4e5c3c4c48bc2cad3"><span class="__cf_email__" data-cfemail="9efafff0b0ecf1faf7f0ffdef8ffffb0f9f1e8">[email protected]</span></a>.
Issued on February 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02723 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P
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