[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Rules and Regulations]
[Pages 17700-17703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07003]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0854; Project Identifier MCAI-2020-01067-T; 
Amendment 39-21432; AD 2021-04-11]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-01-
10, which applied to certain Airbus SAS Model A350-941 airplanes. AD 
2020-01-10 required installing flight control and guidance system 
(FCGS) software (SW) X11 Standard (STD). This AD retains the 
requirements of AD 2020-01-10, requires modifying the electrical power 
supply of the air generation system (AGS) ram air outlet door 
actuators, and expands the applicability by adding airplanes, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. This AD was prompted by the development 
of a modification that forces the AGS ram air outlet doors to be flush 
in cases of total engine flameout or loss of the main electrical 
supply. Because of this additional modification, certain airplanes that 
were excluded from the applicability of AD 2020-01-10 are included in 
the applicability of this AD. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective May 11, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 11, 
2021.

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 [email protected]; internet

[[Page 17701]]

www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. You may view this IBR material at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available in 
the AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0854.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0854; 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, 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: Kathleen Arrigotti, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0167, dated July 27, 2020 (EASA 
AD 2020-0167) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for certain Airbus A350-941 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-01-10, Amendment 39-19816 (85 FR 6747, 
February 6, 2020) (AD 2020-01-10). AD 2020-01-10 applied to certain 
Airbus SAS Model A350-941 airplanes. The NPRM published in the Federal 
Register on October 1, 2020 (85 FR 61889). The NPRM was prompted by the 
development of a modification that forces the AGS ram air outlet doors 
to be flush in cases of total engine flameout or loss of the main 
electrical supply. Because of this additional modification, certain 
airplanes that were excluded from the applicability of AD 2020-01-10 
are included in the applicability of this AD. The NPRM proposed to 
retain the requirements of AD 2020-01-10, require modifying the 
electrical power supply of the AGS ram air outlet door actuators, and 
expand the applicability by adding airplanes, as specified in EASA AD 
2020-0167.
    The FAA is issuing this AD to address ram air turbine (RAT) 
performance that may be below the expected (certificated) level when 
the landing gear is extended, which could lead to partial or total loss 
of RAT electrical power generation when the RAT is deployed in an 
emergency situation, possibly resulting in reduced control of the 
airplane. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air line Pilots Association, International (ALPA) supported the 
NPRM.

Request To Revise the Compliance Time for a Certain Action

    Delta Air Lines (DAL) requested that the compliance time specified 
in paragraph (h)(2) of the proposed AD be revised. The commenter 
requested that the compliance time be changed from March 12, 2020 (the 
effective date of AD 2020-01-10) to the effective date of the final 
rule. The commenter also requested that the FAA add an exception to 
paragraph (h) of the proposed AD allowing the software change specified 
in paragraph (1) of EASA AD 2020-0167 to be done within 3 years after 
the effective date of the final rule. The commenter explained that the 
compliance time in the proposed AD would have started before the date 
of manufacture of each airplane that would be affected by the proposed 
AD, therefore operators would have a compressed timeline for 
accomplishing the required actions. The commenter noted that in 
corresponding EASA AD 2020-0167, which superseded EASA AD 2019-0203, 
the compliance time was ``within 10 months after September 3, 2019 (the 
effective date of EASA AD 2019-0203).''
    The FAA does not agree with the commenter's request. The actions 
specified in paragraph (1) of EASA AD 2020-0167 are retained actions 
that were also required in AD 2020-01-10. The compliance time for those 
retained actions remains the same in this AD (within 10 months after 
March 12, 2020 (the effective date of AD 2020-01-10)). Operators have 
been aware of the software change required by this AD since March 12, 
2020; therefore an extension of the compliance time for that action in 
this final rule is not warranted. New airplanes started receiving the 
modified software in production prior to July 25, 2019 (the date EASA 
issued PAD 19-142, which became EASA AD 2019-0203), so there is no 
justification for extending the compliance time to 3 years after the 
effective date of this AD. The FAA has not changed this AD in regard to 
this issue.

Request for Clarification That Reporting Is Not Required

    DAL requested that paragraph (h) of the proposed AD be revised to 
include an exception to clarify that reporting is not required. The 
commenter noted that in Airbus Service Bulletin A350-21-P038, Revision 
1, dated August 31, 2020, submitting certain information to the 
manufacturer is included in step 3.C.(4). of paragraph 3.C., and that 
paragraph 3.C. is specified as required for compliance (RC). The 
commenter noted that the information to be submitted is business 
related and is not directly related to the unsafe condition addressed 
in the NPRM.
    The FAA agrees with the commenter's request for the reasons 
provided. The FAA has added paragraph (i) of this AD to specify that 
reporting is not required. The subsequent paragraphs have been 
redesignated accordingly.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the change described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0167 describes procedures for installing FCGS SW X11 
STD and for modifying the electrical power supply of the AGS ram air 
outlet door actuators. This material is

[[Page 17702]]

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 13 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 2020-01-10...  8 work-hours x $85 per            $4,650          $5,330         $69,290
                                         hour = $680.
New actions...........................  8 work-hours x $85 per             1,950           2,630          34,190
                                         hour = $680.
----------------------------------------------------------------------------------------------------------------

    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,
    (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.

Adoption of 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) 2020-01-10, Amendment 39-19816 
(85 FR 6747, February 6, 2020), and
0
b. Adding the following new AD:

2021-04-11 Airbus SAS: Amendment 39-21432; Docket No. FAA-2020-0854; 
Project Identifier MCAI-2020-01067-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 11, 2021.

(b) Affected ADs

    This AD replaces AD 2020-01-10, Amendment 39-19816 (85 FR 6747, 
February 6, 2020) (AD 2020-01-10).

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes, 
certificated in any category, as identified in European Union 
Aviation Safety Agency (EASA) AD 2020-0167, dated July 27, 2020 
(EASA AD 2020-0167).

(d) Subject

    Air Transport Association (ATA) of America Code 21, Air 
Conditioning; and 42, Flight Control and Guidance System.

(e) Reason

    This AD was prompted by a determination through testing that ram 
air turbine (RAT) performance may be below the expected 
(certificated) level when the landing gear is extended, and by the 
development of a modification that forces the air generation system 
(AGS) ram air outlet doors to be flush in cases of total engine 
flameout or loss of the main electrical supply. The FAA is issuing 
this AD to address RAT performance that may be below the expected 
(certificated) level when the landing gear is extended, which could 
lead to partial or total loss of RAT electrical power generation 
when the RAT is deployed in an emergency situation, possibly 
resulting in reduced 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 2020-0167.

(h) Exceptions to EASA AD 2020-0167

    (1) Where EASA AD 2020-0167 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0167 refers to September 3, 2019 (the 
effective date of EASA AD 2019-0203), this AD requires using March 
12, 2020 (the effective date of AD 2020-01-10).
    (3) The ``Remarks'' section of EASA AD 2020-0167 does not apply 
to this AD.

(i) No Reporting Required

    Although the service information referenced in EASA AD 2020-0167 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (k) of this 
AD. Information may be emailed to: [email protected]. 
Before using any

[[Page 17703]]

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 
paragraphs (i) and (j)(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.

(k) Related Information

    For more information about this AD, contact Kathleen Arrigotti, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3218; email [email protected].

(l) 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 
May 11, 2021.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0167, 
dated July 27, 2020.
    (ii) [Reserved]
    (4) For EASA AD 2020-0167, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (5) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195. This material may be found in the AD 
docket on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2020-0854.
    (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 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 8, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-07003 Filed 4-5-21; 8:45 am]
BILLING CODE 4910-13-P