Rule2022-10460
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 16, 2022
Effective
June 20, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2021-13- 06, which applied to certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2021-13-06 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2021-13- 06, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This AD continues to require the actions in AD 2021-13-06 and requires revising the existing maintenance or inspection program, as applicable, to incorporate additional 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 94 (Monday, May 16, 2022)</title>
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[Federal Register Volume 87, Number 94 (Monday, May 16, 2022)]
[Rules and Regulations]
[Pages 29654-29657]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10460]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0086; Project Identifier MCAI-2021-01035-T;
Amendment 39-22026; AD 2022-09-06]
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) 2021-13-
06, which applied to certain Airbus SAS Model A350-941 and -1041
airplanes. AD 2021-13-06 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. Since the FAA issued AD 2021-13-
06, the FAA has determined that new or more restrictive airworthiness
limitations are necessary. This AD continues to require the actions in
AD 2021-13-06 and requires revising the existing maintenance or
inspection program, as applicable, to incorporate additional 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 20, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 20,
2022.
The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of
September 3, 2021 (86 FR 40934, July 30, 2021).
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#16575265567377657738736364796677387363"><span class="__cf_email__" data-cfemail="96d7d2e5d6f3f7e5f7b8f3e3e4f9e6f7b8f3e3">[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-2022-0086.
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-2022-0086; 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 and fax 206-231-3225; email
<a href="/cdn-cgi/l/email-protection#c9ada8a7e7bba6ada0a7a889afa8a8e7aea6bf"><span class="__cf_email__" data-cfemail="4226232c6c302d262b2c23022423236c252d34">[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 2021-0208, dated September 15, 2021
(EASA AD 2021-0208) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-13-06, Amendment 39-21611 (86 FR
40934, July 30, 2021) (AD 2021-13-06). AD 2021-13-06 applied to certain
Airbus SAS Model A350-941 and -1041 airplanes. The NPRM published in
the Federal Register on February 9, 2022 (87 FR 7397). The NPRM was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. The NPRM proposed to continue to require the
actions in AD 2021-13-06 and require revising the existing maintenance
or inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations, as specified in EASA AD
2021-0208.
The FAA is issuing this AD to address hazardous or catastrophic
airplane system failures. See the MCAI for additional background
information.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from the 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 2021-0208 describes new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
This AD also requires EASA AD 2020-0211, dated October 5, 2020, and
EASA AD 2021-0026, dated January 20, 2021, which the Director of the
Federal Register approved for incorporation by reference as of
September 3, 2021 (86 FR 40934, July 30, 2021).
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 27 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 2021-13-06 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 proposed
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.
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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) 2021-13-06, Amendment 39-21611
(86 FR 40934, July 30, 2021); and
0
b. Adding the following new AD:
2022-09-06 Airbus SAS: Amendment 39-22026; Docket No. FAA-2022-0086;
Project Identifier MCAI-2021-01035-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 20, 2022.
(b) Affected ADs
(1) This AD replaces AD 2021-13-06, Amendment 39-21611 (86 FR
40934, July 30, 2021) (AD 2021-13-06).
(2) This AD affects AD 2019-20-01, Amendment 39-19754 (84 FR
55495, October 17, 2019) (AD 2019-20-01).
(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 July 20, 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 hazardous or catastrophic airplane system
failures.
(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
2021-13-06, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before July 22, 2020: 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 2020-0211, dated October 5,
2020 (EASA AD 2020-0211); and EASA AD 2021-0026, dated January 20,
2021 (EASA AD 2021-0026). Where EASA AD 2021-0026 affects the same
airworthiness limitations (tasks and life limits) as those in EASA
AD 2020-0211, the airworthiness limitations referenced in EASA AD
2021-0026 prevail. 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 2020-0211 and EASA AD 2021-0026,
With No Changes
This paragraph restates the requirements of paragraph (h) of AD
2021-13-06, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before July 22, 2020:
(1) Where EASA AD 2020-0211 and EASA AD 2021-0026 refers to its
effective date, this AD requires using September 3, 2021 (the
effective date of AD 2021-13-06).
(2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0211 and EASA AD 2021-0026 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2020-0211 and EASA AD 2021-0026
specifies revising ``the approved 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
2020-0211 and EASA AD 2021-0026 within 90 days after September 3,
2021 (the effective date of AD 2021-13-06).
(4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0211 and EASA AD 2021-0026 is at the
applicable ``thresholds'' as incorporated by the requirements of
paragraph (3) of EASA AD 2020-0211 and EASA AD 2021-0026, or within
90 days after September 3, 2021 (the effective date of AD 2021-13-
06), whichever occurs later.
(5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0211 do not apply to this AD.
(6) The provisions specified in paragraph (4) of EASA AD 2021-
0026 do not apply to this AD.
(7) The ``Remarks'' section of EASA AD 2020-0211 and EASA AD
2021-0026 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
2021-13-06, with a new exception. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before July 22, 2020: 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 2020-0211 or EASA AD
2021-0026.
(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 2021-0208, dated September 15, 2021.
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 2021-0208
(1) Where EASA AD 2021-0208 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0208 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2021-0208 specifies to revise ``the
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 (3) of EASA AD 2021-0208 is at the applicable
``limitations'' as incorporated by the requirements of paragraph (3)
of EASA AD 2021-0208, or within 90 days after the effective date of
this AD, whichever occurs later.
(5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2021-0208 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2021-0208 does not apply
to this AD.
(7) Where EASA AD 2021-0208 refers to Airbus A350 Airworthiness
Limitations Section (ALS) Part 4, Revision 6 and Variation 6.1,
replace the text ``Airbus A350 Airworthiness Limitations Section
(ALS) Part 4, Revision 6 and Variation 6.1,'' with ``Airbus A350
Airworthiness Limitations Section (ALS) Part 4, Revision 6 and
[[Page 29657]]
Variation 6.1; for any airworthiness limitations (tasks and life
limits) that are in both documents, the airworthiness limitations
(tasks and life limits) specified in Variation 6.1 prevail.''
(l) New Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised 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 2021-0208.
(m) Terminating Action for Certain Requirements of AD 2019-20-01
Accomplishing the actions required by paragraph (g) or (j) of
this AD terminates the repetitive greasing task for batch 02 group
of affected thrust reverser actuators required by paragraph (g) of
AD 2019-20-01.
(n) 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 (o) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#85bca8c4d3d6a8c4ccd7a8b2b6b5a8c4c8cac6c5e3e4e4abe2eaf3"><span class="__cf_email__" data-cfemail="edd4c0acbbbec0aca4bfc0dadeddc0aca0a2aead8b8c8cc38a829b">[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.
(o) 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#6a0e0b044418050e03040b2a0c0b0b440d051c"><span class="__cf_email__" data-cfemail="5034313e7e223f34393e31103631317e373f26">[email protected]</span></a>.
(p) 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 20, 2022.
(i) European Union Aviation Safety Agency (EASA) AD 2021-0208,
dated September 15, 2021.
(ii) [Reserved]
(4) The following service information was approved for IBR on
September 3, 2021 (86 FR 40934, July 30, 2021).
(i) European Union Aviation Safety Agency (EASA) AD 2020-0211,
dated October 5, 2020.
(ii) European Union Aviation Safety Agency (EASA) AD 2021-0026,
dated January 20, 2021.
(5) For the EASA ADs identified 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#da9b9ea99abfbba9bbf4bfafa8b5aabbf4bfaf"><span class="__cf_email__" data-cfemail="1a5b5e695a7f7b697b347f6f68756a7b347f6f">[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>.
(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#eb8d99c58285989b8e889f828485ab858a998ac58c849d"><span class="__cf_email__" data-cfemail="066074286f6875766365726f6968466867746728616970">[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 15, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-10460 Filed 5-13-22; 8:45 am]
BILLING CODE 4910-13-P
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