Rule2022-02995
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
February 14, 2022
Effective
March 21, 2022
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 that during type certification activity, it was identified that certain monitoring software was incorrectly implemented in the braking control system (BCS) certification standard. This AD requires installing (updating) certain software for the braking and steering system, 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
<html>
<head>
<title>Federal Register, Volume 87 Issue 30 (Monday, February 14, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Rules and Regulations]
[Pages 8167-8169]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02995]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0667; Project Identifier MCAI-2021-00580-T;
Amendment 39-21931; AD 2022-03-14]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
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 that during type certification activity, it was
identified that certain monitoring software was incorrectly implemented
in the braking control system (BCS) certification standard. This AD
requires installing (updating) certain software for the braking and
steering system, 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 March 21, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 21,
2022.
ADDRESSES: For 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#67262314270206140649021215081706490212"><span class="__cf_email__" data-cfemail="6c2d281f2c090d1f0d4209191e031c0d420919">[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 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-2021-0667.
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-2021-0667; 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, the
mandatory continuing airworthiness information (MCAI), 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: 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#4a2e2b246438252e23242b0a2c2b2b642d253c"><span class="__cf_email__" data-cfemail="fb9f9a95d589949f92959abb9d9a9ad59c948d">[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 2021-0127, dated May 12, 2021 (EASA
AD 2021-0127) (also referred to as 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 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 August 18, 2021 (86 FR 46164). The NPRM was prompted by a
report that during type certification activity, it was identified that
certain monitoring software was incorrectly implemented in the BCS
certification standard. The NPRM proposed to require installing
(updating) certain software for the braking and steering system, as
specified in EASA AD 2021-0127.
The FAA is issuing this AD to address in-service limitations
related to the braking and steering system, which, under specific
degraded conditions, could lead to a reduction in braking performance
and potentially lead to a runway excursion, and result in damage to the
airplane and injury to passengers. See the MCAI for additional
background information.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Delta Airlines (DAL) and the Air
Line Pilots Association, International (ALPA). ALPA supported the NPRM
without change. The following presents the DAL comments received on the
NPRM and the FAA's response to each comment.
Request To Revise the Costs of Compliance Paragraph
DAL requested that the NPRM include the labor hours associated with
the prerequisite service bulletins referenced in Airbus Service
Bulletin A350-32-P037, dated July 30, 2019 (which is referenced in EASA
AD 2021-0127). DAL stated that, depending on airplane configuration,
the actions in the four prerequisite service bulletins may need to be
done before doing the actions specified in referenced Airbus Service
Bulletin A350-32-P037, dated July 30, 2019.
The FAA acknowledges the commenter's request. If an operator
accomplishes prerequisite service information specified in Airbus
Service Bulletin A350-32-P037, dated July 30, 2019 (which is referenced
in EASA AD 2021-0127) there is an additional cost to those prerequisite
service information. It is estimated that an operator may incur an
additional 15 work-hours and up to an additional $1,275 in parts cost
to accomplish the prerequisite service information. However, since
accomplishment of the prerequisite service information may not be
required to accomplish the required actions of this AD, these costs may
not apply to all operators. The FAA has added this explanation to the
Cost of Compliance paragraph in this AD, but not the additional costs
for accomplishing the prerequisite service information.
Request To Add a Certain AD to Paragraph (b) of the Proposed AD
DAL requested that the FAA add AD 2017-18-18, Amendment 39-19027
(82 FR 42579, September 11, 2017) (AD 2017-18-18) to paragraph (b) of
the proposed AD (AD 2017-18-18 requires repetitive on-ground power
cycles to reset the internal timer). DAL stated that Airbus Service
Bulletin A350-42-P010, dated August 14, 2018, is a required
prerequisite for doing the actions in Airbus Service Bulletin A350-32-
P037, dated July 30, 2019 (which is referenced in EASA AD 2021-0127),
and therefore, is a requirement for doing the actions in the proposed
AD. DAL commented that Airbus Service Bulletin A350-42-P010, dated
August 14, 2018, was approved for use in alternative method of
compliance (AMOC) AIR-676-19-298, dated July 22, 2019, for
accomplishing the requirements in paragraph (g) of AD 2017-18-18.
[[Page 8168]]
The FAA disagrees with the request. Paragraph (b) of this AD
identifies superseded or revised ADs, or other ADs if the requirements
of those ADs are affected (i.e., this AD terminates all or part of
another AD). AD 2017-18-18 does not meet any of those conditions, and
therefore, is not considered an affected AD. The FAA has not changed
this AD in this regard.
Request To Revise the Applicability
DAL requested that the FAA revise the applicability of the proposed
AD. DAL stated that the applicability should be limited to Model A350-
941 and -1041 airplanes having manufacturer serial numbers listed in
the applicability paragraph of Airbus Service Bulletin A350-32-P037,
dated July 30, 2019 (which is referenced in EASA AD 2021-0127). DAL
commented that the applicability needs focus on the finite list of
manufacturer serial numbers that were not produced with the required
modification. DAL also commented that the applicability paragraph
specified in EASA AD 2021-0127 has an exception for airplanes that have
embodied Airbus modification 114420 in production. DAL stated that this
logic requires the operator to actively verify that the actions in EASA
AD 2021-0127 have been accomplished on every new airplane in
production.
The FAA disagrees with revising the applicability of this AD. The
applicability of this AD was coordinated with EASA and determined to be
necessary to address those airplanes affected by the unsafe condition.
In addition, the applicability of an AD takes precedence over the
effectivity listed in any service bulletin. Excluding airplanes in the
applicability ensures that operators make a definitive determination of
whether an airplane is affected. Once an airplane has been delivered to
an operator, it is the operator's responsibility to ensure compliance
with the AD actions. The FAA has not changed this AD in this regard.
Request To Add an Exception to the Proposed AD
DAL requested that the FAA add an exception to paragraph (h) of the
proposed AD to specify that the required for compliance (RC) language
in paragraph (i)(3) of the proposed AD applies to paragraphs 3.C. and
3.E. of the Accomplishment Instructions of Airbus Service Bulletin
A350-32-P037, dated July 30, 2019 (which is referenced in EASA AD 2021-
0127). DAL stated that testing the airplane to verify if the correct
software is installed as specified in paragraph 3.E. of the
Accomplishment Instructions of Airbus Service Bulletin A350-32-P037,
dated July 30, 2019, meets the intended level of safety in the proposed
AD.
DAL also requested that paragraphs 3.A., 3.B., 3.D., 3.F., and 3.G
of the Accomplishment Instructions of Airbus Service Bulletin A350-32-
P037, dated July 30, 2019, not be included as RC. DAL stated that these
paragraphs are not required to establish the intended level of safety
in the proposed AD. DAL commented that no paragraphs in the service
bulletin were identified as RC.
The FAA agrees to add an exception to paragraph (h)(3) of this AD
for the reasons provided above. The FAA has revised paragraph (h) of
this AD to specify that only paragraphs 3.C. and 3.E. of the
Accomplishment Instructions of Airbus Service Bulletin A350-32-P037,
dated July 30, 2019, must be accomplished if Airbus Service Bulletin
A350-32-P037, dated July 30, 2019, is used for the modification
required by EASA AD 2021-0127.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, and any other changes
described previously, this AD is adopted as proposed in the NPRM. None
of the changes will increase the economic burden on any operator.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0127 describes procedures for installing (updating)
serviceable software for the braking and steering system. Serviceable
software includes BCS software (SW) standard (STD) S5B, wheel steering
control system (WSCS) SW STD S5B, and landing gear extension and
retraction system (LGERS) SW STD S5A. 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 17 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 4 work-hours x $85 per hour = Up to $1,650........... Up to $1,990........... Up to $33,830.
Up to $340.
----------------------------------------------------------------------------------------------------------------
* If an operator accomplishes prerequisite service information specified in Airbus Service Bulletin A350-32-
P037, dated July 30, 2019 (which is referenced in EASA AD 2021-0127) there is an additional cost to those
prerequisite service information.
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
[[Page 8169]]
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.
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.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2022-03-14 Airbus SAS: Amendment 39-21931; Docket No. FAA-2021-0667;
Project Identifier MCAI-2021-00580-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 21, 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 2021-0127, dated May 12, 2021
(EASA AD 2021-0127).
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
gear.
(e) Reason
This AD was prompted by a report that during type certification
activity, it was identified that certain monitoring software was
incorrectly implemented in the braking control system (BCS)
certification standard. The FAA is issuing this AD to address in-
service limitations related to the braking and steering system,
which, under specific degraded conditions, could lead to a reduction
in braking performance and potentially lead to a runway excursion,
and result in damage to the airplane and injury to passengers.
(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 2021-0127.
(h) Exceptions to EASA AD 2021-0127
(1) Where EASA AD 2021-0127 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2021-0127 does not apply
to this AD.
(3) Where EASA AD 2021-0127 requires modifying the airplanes and
specifies the modification ``can be accomplished in accordance with
the instructions of the SB,'' for this AD, replace the text ``the
instructions of the SB'' with ``paragraphs 3.C. and 3.E. of the
Accomplishment Instructions of the SB.''
(i) 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 (j) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#f3cadeb2a5a0deb2baa1dec4c0c3deb2bebcb0b3959292dd949c85"><span class="__cf_email__" data-cfemail="40796d0116136d0109126d7773706d010d0f03002621216e272f36">[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 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#acc8cdc282dec3c8c5c2cdeccacdcd82cbc3da"><span class="__cf_email__" data-cfemail="5f3b3e31712d303b36313e1f393e3e71383029">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 2021-0127,
dated May 12, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0127, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#f8b9bc8bb89d998b99d69d8d8a978899d69d8d"><span class="__cf_email__" data-cfemail="efaeab9caf8a8e9c8ec18a9a9d809f8ec18a9a">[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.
(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#0a6c78246364797a6f697e6365644a646b786b246d657c"><span class="__cf_email__" data-cfemail="5c3a2e7235322f2c393f283533321c323d2e3d723b332a">[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 January 25, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02995 Filed 2-11-22; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 14, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.