[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33094-33096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13123]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1178; Project Identifier MCAI-2020-01325-T; 
Amendment 39-21545; AD 2021-10-12]
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) 2020-09-
14, which applied to certain Airbus SAS Model A350-941 and -1041 
airplanes. AD 2020-09-14 required revising the existing airplane flight 
manual (AFM) to define a liquid-prohibited zone on the flight deck and 
provide procedures following liquid spillage on the center pedestal. AD 
2020-09-14 also required installing a removable integrated control 
panel (ICP) cover on the flight deck and further revising the AFM to 
include instructions for ICP cover use. This AD requires installing a 
new, water-resistant ICP, which allows removing the ICP protective 
cover and the AFM revisions, as specified in a European Union Aviation 
Safety Agency (EASA) AD, which is incorporated by reference. This AD 
was prompted by development of a new, water-resistant ICP. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective July 29, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 29, 
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 [email protected]; internet 
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-2020-1178.

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-
1178; 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.

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0203, dated September 23, 2020 
(EASA AD 2020-0203) (also referred to as the Mandatory Continuing 
Airworthiness Information, or 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 to supersede AD 2020-09-14, Amendment 39-19910 (85 FR 
30601, May 20, 2020) (AD 2020-09-14). AD 2020-09-14 applied to certain 
Airbus SAS Model A350-941 and -1041 airplanes. The NPRM published in 
the

[[Page 33095]]

Federal Register on February 22, 2021 (86 FR 10493). The NPRM was 
prompted by a new, water-resistant ICP developed by the manufacturer to 
address the identified unsafe condition. The NPRM proposed to continue 
to require revising the existing AFM to define a liquid-prohibited zone 
on the flight deck and provide procedures following liquid spillage on 
the center pedestal. The NPRM also proposed to continue to require 
installing a removable ICP cover on the flight deck and further 
revising the AFM to include instructions for ICP cover use, as 
specified in EASA AD 2020-0203. The NPRM also proposed to require 
installing a new, water-resistant ICP, which would allow removing the 
ICP protective cover and the AFM revisions, as specified in EASA AD 
2020-0203.
    The FAA is issuing this AD to address the potential for dual-engine 
in-flight shutdown (IFSD), possibly resulting in a forced landing with 
consequent damage to the airplane and injury to occupants. See the MCAI 
for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has considered the comment 
received. The Air Line Pilots Association, International (ALPA) 
indicated its support for the NPRM.

Change to the Costs of Compliance Section

    In the NPRM, the FAA did not provide a parts cost estimate for the 
new actions, and it was noted that the FAA had received no definitive 
data regarding cost estimates for those parts. Since publication of the 
NPRM, the FAA has obtained a parts cost estimate from the manufacturer, 
and has updated the Costs of Compliance section of this final rule 
accordingly.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for 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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0203 describes procedures for revising the AFM to 
define a liquid-prohibited zone on the flight deck and provide 
procedures following liquid spillage on the center pedestal, installing 
an ICP cover on the flight deck, and further revising the AFM to 
include instructions for ICP cover use. EASA AD 2020-0203 also 
describes procedures for installing a new, water-resistant ICP; 
removing the ICP protective cover; and removing the AFM revisions. 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 15 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost        Parts cost       Cost per product         operators
----------------------------------------------------------------------------------------------------------------
Retained AFM revision from AD     1 work-hour x $85               $0  $85..................  $1,105.
 2020-09-14.                       per hour = $85.
Retained installation from AD     2 work-hours x $85             (*)  170 *................  2,210.*
 2020-09-14.                       per hour = $170.
New actions.....................  Up to 42 work-               5,700  Up to $9,270.........  Up to $139,050.
                                   hours x $85 per
                                   hour = Up to
                                   $3,570.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data regarding cost estimates for these parts.

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this AD.
    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:

[[Page 33096]]

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) 2020-09-14, Amendment 39-19910 
(85 FR 30601, May 20, 2020), and
0
b. Adding the following new AD:

2021-10-12 Airbus SAS: Amendment 39-21545; Docket No. FAA-2020-1178; 
Project Identifier MCAI-2020-01325-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 29, 2021.

(b) Affected ADs

    This AD replaces AD 2020-09-14, Amendment 39-19910 (85 FR 30601, 
May 20, 2020) (AD 2020-09-14).

(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 2020-0203, dated September 
23, 2020 (EASA AD 2020-0203).

(d) Subject

    Air Transport Association (ATA) of America Code 31, Instruments.

(e) Reason

    This AD was prompted by two reports of abnormal operation of the 
components of the ENG START panel or Electronic Centralized Aircraft 
Monitoring (ECAM) Control Panel (ECP) due to liquid spillage in the 
system, and the subsequent uncommanded engine in-flight shutdown 
(IFSD) of one engine in each case. This AD was also prompted by the 
development of a new, water-resistant integrated control panel (ICP) 
that will address this unsafe condition. The FAA is issuing this AD 
to address the potential for dual-engine IFSD, possibly resulting in 
a forced landing with consequent damage to the airplane and injury 
to occupants.

(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 2020-0203.

(h) Exceptions to EASA AD 2020-0203

    (1) Where EASA AD 2020-0203 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0203 refers to the effective date of EASA 
AD 2020-0020E, this AD requires using February 14, 2020 (the 
effective date of AD 2020-03-12 (85 FR 7863, February 12, 2020)).
    (3) Where EASA AD 2020-0203 refers to the effective date of EASA 
AD 2020-0090, this AD requires using June 4, 2020 (the effective 
date of AD 2020-09-14).
    (4) Where paragraph (7) of EASA AD 2020-0203 specifies removing 
the AFM [airplane flight manual] changes ``as required by paragraph 
(2) or (4) of [the MCAI], as applicable,'' this AD requires removing 
the AFM changes required by paragraph (1), (2), (4), or (5), as 
applicable, from the AFM.
    (5) For airplanes with Mod 116010: This AD does not require the 
actions specified in paragraphs (1), (3), and (4) of EASA AD 2020-
0203, as specified in paragraph (g) of this AD.
    (6) ``Note 1'' of EASA AD 2020-0203 does not apply to this AD. 
However, after the actions required by EASA AD 2020-0203, paragraphs 
(3) through (5), as required by paragraph (g) of this AD, have been 
accomplished on an airplane, that airplane may be operated with a 
damaged or missing ICP removable cover, provided provisions that 
address the ICP removable cover are included in the operator's 
approved minimum equipment list (MEL). After the actions required by 
EASA AD 2020-0203, paragraph (6), as required by paragraph (g) of 
this AD, have been accomplished on an airplane, that airplane may be 
operated without an ICP removable cover, provided provisions that 
address the ICP removable cover are removed from the operator's 
approved MEL.
    (7) The ``Remarks'' section of EASA AD 2020-0203 does not apply 
to this AD.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the airplane to a location where the 
actions specified in this AD can be accomplished (if the operator 
elects to do so), provided a removable ICP cover is installed on the 
flight deck.

(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 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 (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.

(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.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0203, 
dated September 23, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0203, contact 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.
    (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 on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2020-1178.
    (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 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 30, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-13123 Filed 6-23-21; 8:45 am]
BILLING CODE 4910-13-P