Rule2022-13720
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
June 27, 2022
Effective
July 12, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2022-11- 03, which applied to certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-11-03 required revising the existing airplane flight manual (AFM), and revising the operator's existing FAA-approved minimum equipment list (MEL) by incorporating certain master minimum equipment list (MMEL) provisions, to include limitations and procedures to mitigate the risk of elevator failure during flare. Since the FAA issued AD 2022-11-03, an updated software standard for the PRIMary flight control computers (PRIMs) has been developed to address the unsafe condition. This AD continues to require the actions in AD 2022- 11-03, and also requires installing an updated PRIM software standard, 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 122 (Monday, June 27, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Rules and Regulations]
[Pages 37982-37986]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13720]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0800; Project Identifier MCAI-2022-00705-T;
Amendment 39-22105; AD 2022-13-19]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-11-
03, which applied to certain Airbus SAS Model A350-941 and -1041
airplanes. AD 2022-11-03 required revising the existing airplane flight
manual (AFM), and revising the operator's existing FAA-approved minimum
equipment list (MEL) by incorporating certain master minimum equipment
list (MMEL) provisions, to include limitations and procedures to
mitigate the risk of elevator failure during flare. Since the FAA
issued AD 2022-11-03, an updated software standard for the PRIMary
flight control computers (PRIMs) has been developed to address the
unsafe condition. This AD continues to require the actions in AD 2022-
11-03, and also requires installing an updated PRIM software standard,
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 July 12, 2022.
[[Page 37983]]
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 12,
2022.
The FAA must receive comments on this AD by August 11, 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 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#0140457241646072602f6474736e71602f6474"><span class="__cf_email__" data-cfemail="06474275466367756728637374697667286373">[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-2022-0800.
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-2022-0800; 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 AD, 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; phone 206-231-3225; email
<a href="/cdn-cgi/l/email-protection#b6f2d7d898e4d9d2dfd8d7f6d0d7d798d1d9c0"><span class="__cf_email__" data-cfemail="b0f4d1de9ee2dfd4d9ded1f0d6d1d19ed7dfc6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0800; Project Identifier MCAI-
2022-00705-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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 final rule.
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 AD 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 AD, 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 AD. 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;
phone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#ca8eaba4e498a5aea3a4ab8aacababe4ada5bc"><span class="__cf_email__" data-cfemail="3b7f5a551569545f52555a7b5d5a5a155c544d">[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 2022-11-03, Amendment 39-22053 (87 FR 30402, May
19, 2022) (AD 2022-11-03), which applied to certain Airbus SAS Model
A350-941 and -1041 airplanes. AD 2022-11-03 required revising the
existing AFM, and revising the operator's existing FAA-approved MEL by
incorporating certain MMEL provisions, to include limitations and
procedures to mitigate the risk of elevator failure during flare. The
FAA issued AD 2022-11-03 to address the faulty FCGS X13 standard, which
could lead to loss of control of the elevator surfaces, possibly
resulting in loss of control of the airplane.
Actions Since AD 2022-11-03 Was Issued
Since the FAA issued AD 2022-11-03, which the FAA considered an
interim action, an updated software standard for the PRIMs has been
developed to address the unsafe condition.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0098, dated June 1, 2022 (EASA
AD 2022-0098) (also referred to as the MCAI), to correct an unsafe
condition for certain Airbus SAS Model A350-941 and -1041 airplanes and
require installing the updated software standard.
This AD was prompted by the FAA's determination that the updated
software standard must be installed in order to address the unsafe
condition. The FAA is issuing this AD to address the faulty FCGS X13
standard, which could lead to loss of control of the elevator surfaces,
possibly resulting in loss of control of the airplane. See the MCAI for
additional background information.
Explanation of Retained Requirements
Although this AD does not explicitly restate the requirements of AD
2022-11-03, this AD retains all of the requirements of AD 2022-11-03.
Those requirements are referenced in EASA AD 2022-0098, which, in turn,
is referenced in paragraph (g) of this AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0098 specifies procedures for revising the Limitations
and Normal Procedures sections of the existing AFM, revising the
operator's existing FAA-approved MEL by incorporating MMEL provisions,
to include limitations and procedures to mitigate the risk of elevator
failure during flare, and installing an updated PRIM software standard.
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
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI described above.
[[Page 37984]]
The FAA is issuing this AD after determining that the unsafe condition
described previously is likely to exist or develop on other products of
these same type designs.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2022-0098 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.
EASA AD 2022-0098 requires operators to revise the AFM and ``inform
all flight crews, and, thereafter, operate the aeroplane accordingly.''
However, this AD does not specifically require those actions as those
actions are already required by FAA regulations. FAA regulations
require operators furnish to pilots any changes to the AFM (for
example, 14 CFR 121.137), and to ensure the pilots are familiar with
the AFM (for example, 14 CFR 91.505). As with any other flightcrew
training requirement, training on the updated AFM content is tracked by
the operators and recorded in each pilot's training record, which is
available for the FAA to review. FAA regulations also require pilots to
follow the procedures in the existing AFM including all updates. 14 CFR
91.9 requires that any person operating a civil aircraft must comply
with the operating limitations specified in the AFM. Therefore,
including a requirement in this AD to operate the airplane according to
the revised AFM would be redundant and unnecessary.
Similarly, EASA AD 2022-0098 specifies amending the operator's MEL
and, thereafter, ``operating the aeroplane accordingly.'' However, this
AD does not include specific operating requirements as they are already
required by FAA regulations. FAA regulations (14 CFR 121.628 (a)(2))
require operators to provide pilots with access to all of the
information contained in the operator's MEL. Furthermore, 14 CFR
121.628 (a)(5) requires airplanes to be operated under all applicable
conditions and limitations contained in the operator's MEL. Therefore,
including a requirement in this AD to operate the airplane according to
the revised MEL would be redundant and unnecessary.
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,
EASA AD 2022-0098 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2022-0098 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2022-0098 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
2022-0098. Service information required by EASA AD 2022-0098 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-2022-0800 after this AD is
published.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule.
Since the FAA issued AD 2022-11-03, an updated software standard for
the PRIMs has been developed to address the unsafe condition. The
actions required by AD 2022-11-03 are an interim action that mitigate
the unsafe condition but do not address the root cause of the unsafe
condition. The installation of the updated software standard addresses
the root cause of the unsafe condition and allows the removal of the
AFM and MEL revisions required by AD 2022-11-03.
Incorrect logic in the PRIMs may cause the PRIM computers to
inadvertently lose control over their respective elevator actuators
during flare phase, depending on flight conditions, potentially
affecting every flight and possibly resulting in loss of control of the
airplane in a critical phase of flight. Given the significance of the
risk presented by this unsafe condition, it must be immediately
addressed. Accordingly, notice and opportunity for prior public comment
are impracticable and contrary to the public interest pursuant to 5
U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 30 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 1 work-hour x $85 per $0 $85 $2,550
2022[dash]11[dash]03. hour = $85.
New actions........................... 2 work-hours x $85 per 300 470 14,100
hour = $170.
----------------------------------------------------------------------------------------------------------------
[[Page 37985]]
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 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, and
(2) Will not affect intrastate aviation in Alaska.
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) 2022-11-03, Amendment 39-22053
(87 FR 30402, May 19, 2022); and
0
b. Adding the following new AD:
2022-13-19 Airbus SAS: Amendment 39-22105; Docket No. FAA-2022-0800;
Project Identifier MCAI-2022-00705-T.
(a) Effective Date
This airworthiness directive (AD) is effective July 12, 2022.
(b) Affected ADs
This AD replaces AD 2022-11-03, Amendment 39-22053 (87 FR 30402,
May 19, 2022) (AD 2022-11-03).
(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 2022-0098, dated June 1, 2022
(EASA AD 2022-0098).
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
controls.
(e) Unsafe Condition
This AD was prompted by an indication that both elevator
actuators of the PRIMary flight control computers (PRIMs) were
considered faulty due to incorrect instructions with a new PRIM
standard and a determination that an updated software standard for
the PRIMs must be installed. The FAA is issuing this AD to address
the faulty standard, which could lead to loss of control of the
elevator surfaces, possibly resulting in loss of control 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 2022-0098.
(h) Exceptions to EASA AD 2022-0098
(1) Where EASA AD 2022-0098 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2022-0098 refers to May 9, 2022 (the effective
date of EASA AD 2022-0079-E), this AD requires using June 3, 2022
(the effective date of AD 2022-11-03).
(3) Where paragraph (1) of EASA AD 2022-0098 specifies to
``inform all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.
(4) Where paragraph (3) of EASA AD 2022-0098 specifies to
``implement the instructions of the MER, as defined in [the EASA]
AD,'' for this AD replace that phrase with ``revise the operator's
existing FAA-approved minimum equipment list (MEL) to incorporate
the instructions of the MER.''
(5) Where paragraph (4) of EASA AD 2022-0098 specifies
``operating the aeroplane accordingly,'' this AD does not require
that action as that action is already required by existing FAA
operating regulations.
(6) The ``Remarks'' section of EASA AD 2022-0098 does not apply
to this AD.
(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#3c05117d6a6f117d756e110b0f0c117d71737f7c5a5d5d125b534a"><span class="__cf_email__" data-cfemail="487165091e1b6509011a657f7b78650905070b082e2929662f273e">[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; phone 206-
231-3225; email <a href="/cdn-cgi/l/email-protection#a5e1c4cb8bf7cac1cccbc4e5c3c4c48bc2cad3"><span class="__cf_email__" data-cfemail="480c2926661a272c212629082e2929662f273e">[email protected]</span></a>.
(k) 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.
(i) European Union Aviation Safety Agency (EASA) AD 2022-0098,
dated June 1, 2022.
[[Page 37986]]
(ii) [Reserved]
(3) For EASA AD 2022-0098, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#2f6e6b5c6f4a4e5c4e014a5a5d405f4e014a5a"><span class="__cf_email__" data-cfemail="fcbdb88fbc999d8f9dd299898e938c9dd29989">[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. This material may be found in the AD
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2022-0800.
(6) 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#ed8b9fc384839e9d888e99848283ad838c9f8cc38a829b"><span class="__cf_email__" data-cfemail="3b5d49155255484b5e584f5254557b555a495a155c544d">[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 June 17, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-13720 Filed 6-23-22; 11:15 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 June 27, 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.