Rule2022-10140
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
May 12, 2022
Effective
June 16, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2020-21- 06, which applied to certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2020-21-06 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2020-21- 06, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This AD retains the requirements of AD 2020- 21-06 and requires revising the applicability by adding airplanes. This AD also requires 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) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 92 (Thursday, May 12, 2022)</title>
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[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Rules and Regulations]
[Pages 29030-29033]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10140]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0087; Project Identifier MCAI-2021-01025-T;
Amendment 39-22023; AD 2022-09-03]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-21-
06, which applied to certain Airbus SAS Model A350-941 and -1041
airplanes. AD 2020-21-06 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. Since the FAA issued AD 2020-21-
06, the FAA has determined that new or more restrictive airworthiness
limitations are necessary. This AD retains the requirements of AD 2020-
21-06 and requires revising the applicability by adding airplanes. This
AD also requires 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) 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 June 16, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 16,
2022.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
November 18, 2020 (85 FR 64961, October 14, 2020).
ADDRESSES: For material 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#1253566152777361733c7767607d62733c7767"><span class="__cf_email__" data-cfemail="c8898cbb88ada9bba9e6adbdbaa7b8a9e6adbd">[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-2022-0087.
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-2022-0087; 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, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone
[[Page 29031]]
and fax 206-231-3225; email <a href="/cdn-cgi/l/email-protection#98fcf9f6b6eaf7fcf1f6f9d8fef9f9b6fff7ee"><span class="__cf_email__" data-cfemail="2044414e0e524f44494e41604641410e474f56">[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 2021-0206, dated September 15, 2021
(EASA AD 2021-0206) (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. 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 AD therefore
does not include those airplanes in the applicability. EASA AD 2021-
0206 supersedes EASA AD 2020-0091, dated April 22, 2020 (EASA AD 2020-
0091).
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-21-06, Amendment 39-21279 (85 FR
64961, October 14, 2020) (AD 2020-21-06). AD 2020-21-06 applied to
certain Airbus SAS Model A350-941 and -1041 airplanes. The NPRM
published in the Federal Register on February 7, 2022 (87 FR 6798). The
NPRM was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. The NPRM proposed to continue
to require revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations, as specified in EASA AD 2020-0091. The NPRM also proposed
to require revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations, as specified in EASA AD 2021-0206. The NPRM also proposed
to revise the applicability by adding airplanes. Accomplishing the new
maintenance or inspection program revision specified in paragraph (j)
of this AD terminates the retained maintenance or inspection program
revision specified in paragraph (g) of this AD.
The FAA is issuing this AD to address the potential failure of
certain life-limited parts, which could result in reduced structural
integrity of the airplane. See the MCAI for additional background
information.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, 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 2021-0206 describes new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
This AD also requires EASA AD 2020-0091, dated April 22, 2020,
which the Director of the Federal Register approved for incorporation
by reference as of November 18, 2020 (85 FR 64961, October 14, 2020).
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 24 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2020-21-06 to be $7,650 (90 work-hours x $85 per work-
hour).
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 new actions
to be $7,650 (90 work-hours x $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
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 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:
0
a. Removing Airworthiness Directive (AD) 2020-21-06, Amendment 39-21279
(85 FR 64961, October 14, 2020); and
0
b. Adding the following new AD:
[[Page 29032]]
2022-09-03 Airbus SAS: Amendment 39-22023; Docket No. FAA-2022-0087;
Project Identifier MCAI-2021-01025-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 16, 2022.
(b) Affected ADs
This AD replaces AD 2020-21-06, Amendment 39-21279 (85 FR 64961,
October 14, 2020) (AD 2020-21-06).
(c) Applicability
This AD applies to 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 failure of certain life-
limited parts, which could result in reduced structural integrity of
the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Maintenance or Inspection Program Revision, With No
Changes
This paragraph restates the requirements of paragraph (g) of AD
2020-21-06, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before June 7, 2019: 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 2020-0091, dated April 22,
2020 (EASA AD 2020-0091). Accomplishing the revision of the existing
maintenance or inspection program required by paragraph (j) of this
AD terminates the requirements of this paragraph.
(h) Retained Exceptions to EASA AD 2020-0091, With No Changes
This paragraph restates the requirements of paragraph (h) of AD
2020-21-06, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before June 7, 2019:
(1) The requirements specified in paragraph (1) of EASA AD 2020-
0091 do not apply to this AD.
(2) Paragraph (2) of EASA AD 2020-0091 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, to incorporate the ``limitations'' specified in
paragraph (2) of EASA AD 2020-0091 within 90 days after November 18,
2020 (the effective date of AD 2020-21-06).
(3) The initial compliance time for complying with the
limitations specified in paragraph (2) of EASA AD 2020-0091 is at
the applicable ``limitations'' specified in paragraph (2) of EASA AD
2020-0091, or within 90 days after November 18, 2020 (the effective
date of AD 2020-21-06), whichever occurs later.
(4) The provisions specified in paragraphs (3) and (4) of EASA
AD 2020-0091 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2020-0091 does not apply
to this AD.
(i) Retained Provisions for Alternative Actions and Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (i) of AD
2020-21-06, with a new exception. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before June 7, 2019: Except as required
by paragraph (j) of this AD, after the existing maintenance or
inspection program has been revised as required by paragraph (g) of
this AD, no alternative actions (e.g., inspections) and intervals
are allowed unless they are approved as specified in the provisions
of the ``Ref. Publications'' section of EASA AD 2020-0091.
(j) New Maintenance or Inspection Program Revision
Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0206, dated September 15, 2021 (EASA
AD 2021-0206). Accomplishing the revision of the existing
maintenance or inspection program required by this paragraph
terminates the requirements of paragraph (g) of this AD.
(k) Exceptions to EASA AD 2021-0206
(1) Where EASA AD 2021-0206 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The requirement specified in paragraph (1) of EASA AD 2021-
0206 does not apply to this AD.
(3) Paragraph (2) of EASA AD 2021-0206 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
(4) The initial compliance time for doing the tasks specified in
paragraph (2) of EASA 2021-0206 is at the applicable ``limitations''
as incorporated by the requirements of paragraph (2) of EASA AD
2021-0206, or within 90 days after the effective date of this AD,
whichever occurs later.
(5) The provisions specified in paragraph (3) and (4) of EASA AD
2021-0206 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2021-0206 does not apply
to this AD.
(l) New Provisions for Alternative Actions and Intervals
After the revision of the existing maintenance or inspection
program has been accomplished as required by paragraph (j) of this
AD, no alternative actions (e.g., inspections) and intervals are
allowed unless they are approved as specified in the provisions of
the ``Ref. Publications'' section of EASA AD 2021-0206.
(m) 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 (n) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#457c6804131668040c17687276756804080a06052324246b222a33"><span class="__cf_email__" data-cfemail="a49d89e5f2f789e5edf68993979489e5e9ebe7e4c2c5c58ac3cbd2">[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.
(n) Related Information
For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3225; email <a href="/cdn-cgi/l/email-protection#c5a1a4abebb7aaa1acaba485a3a4a4eba2aab3"><span class="__cf_email__" data-cfemail="1074717e3e627f74797e71507671713e777f66">[email protected]</span></a>.
(o) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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.
(3) The following service information was approved for IBR on
June 16, 2022.
(i) European Union Aviation Safety Agency (EASA) AD 2021-0206,
dated September 15, 2021.
(ii) [Reserved]
(4) The following service information was approved for IBR on
November 18, 2020 (85 FR 64961, October 14, 2020).
(i) European Union Aviation Safety Agency (EASA) AD 2020-0091,
dated April 22, 2020.
(ii) [Reserved]
(5) For EASA AD 2021-0206 and EASA AD 2020-0091, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#4302073003262230226d2636312c33226d2636"><span class="__cf_email__" data-cfemail="ce8f8abd8eabafbdafe0abbbbca1beafe0abbb">[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>.
[[Page 29033]]
(6) 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.
(7) 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#8fe9fda1e6e1fcffeaecfbe6e0e1cfe1eefdeea1e8e0f9"><span class="__cf_email__" data-cfemail="fa9c88d49394898a9f998e939594ba949b889bd49d958c">[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 April 11, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-10140 Filed 5-11-22; 8:45 am]
BILLING CODE 4910-13-P
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