[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Rules and Regulations]
[Pages 40932-40934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16241]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0193; Project Identifier MCAI-2020-01612-T; 
Amendment 39-21585; AD 2021-11-23]
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 adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was 
prompted by a determination that new or more restrictive airworthiness 
limitations are necessary. This AD 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. This AD also requires, for certain airplanes, an update of 
the hydraulic monitoring system to include additional redundancy. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective September 3, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 3, 
2021.

ADDRESSES: For EASA 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 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. For Airbus SAS service information 
identified in this AD, contact Airbus SAS, Airworthiness Office--EAL, 
Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; 
telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; internet http://www.airbus.com. 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-2021-0193.

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-2021-
0193; 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 protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0268, dated December 4, 2020 
(EASA AD 2020-0268) (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. EASA AD 2020-
0268 refers to Airbus A350 Airworthiness Limitations Section (ALS), 
Part 5, ``Fuel Airworthiness Limitations (FAL),'' Revision 04, dated 
May 29, 2020; and Airbus A350 ALS Part 5, ``Fuel Airworthiness 
Limitations (FAL),'' Variation 4.1, dated September 15, 2020. Airplanes 
with an original airworthiness certificate or original export 
certificate of airworthiness issued after September 15, 2020, 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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus SAS 
Model A350-941 and -1041 airplanes. The NPRM published in the Federal 
Register on March 26, 2021 (86 FR 16117). The NPRM was prompted by a 
determination that new or more restrictive airworthiness limitations 
are necessary. The NPRM 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 
2020-0268. The NPRM also proposed to require, for certain airplanes, an 
update of the hydraulic monitoring system to include additional 
redundancy.
    The FAA is issuing this AD to address the overheat failure mode of 
the hydraulic engine-driven pump (EDP), which may cause a fast 
temperature rise of the hydraulic fluid, and, if combined with an 
inoperative fuel tank inerting system, could lead to an uncontrolled 
overheat of the hydraulic fluid, possibly resulting in ignition of the 
fuel-air mixture of the affected fuel tank. 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) stated 
that it supports the NPRM.

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 2020-0268 describes new or more restrictive airworthiness 
limitations related to fuel tank ignition

[[Page 40933]]

prevention and fuel tank flammability reduction.
    This AD would also require accomplishing a certain airworthiness 
limitation using the following service information. This service 
information describes procedures for an update of the hydraulic 
monitoring system to include additional redundancy (i.e., modifying the 
case-drain filter manifolds by installing new dual temperature sensors 
on the hydraulic EDP). These documents are distinct since they apply to 
different airplane models.
     Airbus Service Bulletin A350-29-P025, dated August 10, 
2020.
     Airbus Service Bulletin A350-29-P027, dated November 24, 
2020.
     Airbus Service Bulletin A350-29-P029, dated December 16, 
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 15 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    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. Therefore, the agency estimates the average total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
           Labor cost                   Parts cost             Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 510 work-hours x $85 per   Up to $29,320..........  Up to $72,670.............  Up to $1,090,050.
 hour = Up to $43,350.
----------------------------------------------------------------------------------------------------------------

    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 adding the following new airworthiness 
directive:

2021-11-23 Airbus SAS: Amendment 39-21585; Docket No. FAA-2021-0193; 
Project Identifier MCAI-2020-01612-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 3, 
2021.

(b) Affected ADs

    None.

 (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 after September 15, 2020.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance checks; 29, Hydraulic power.

(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 overheat failure mode of the 
hydraulic engine-driven pump, which may cause a fast temperature 
rise of the hydraulic fluid, and, if combined with an inoperative 
fuel tank inerting system, could lead to an uncontrolled overheat of 
the hydraulic fluid, possibly resulting in ignition of the fuel-air 
mixture of the affected fuel tank.

(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, European Union Aviation Safety Agency (EASA) AD 
2020-0268, dated December 4, 2020 (EASA AD 2020-0268).

(h) Exceptions to EASA AD 2020-0268

    (1) Where Section 6 of the service information referenced in 
EASA AD 2020-0268 specifies to update the hydraulic monitoring 
system ``to include additional redundancy to be installed (MOD 
114073 and MOD 114075 OR 114531 and MOD 114075 OR MOD 114533 and MOD 
114075 OR MOD 114535 and MOD 114075),'' this AD requires

[[Page 40934]]

that the update of the hydraulic monitoring system be accomplished 
using the method of compliance specified in paragraphs (h)(1)(i) 
through (iv) of this AD, as applicable.
    (i) For Model A350-941 airplanes identified in Airbus Service 
Bulletin A350-29-P025 (MOD 114531 and MOD 114075): The modification 
must be done in accordance with paragraphs 3.C., 3.D., and 3.E. of 
the Accomplishment Instructions of Airbus Service Bulletin A350-29-
P025, dated August 10, 2020.
    (ii) For Model A350-941 airplanes identified in Airbus Service 
Bulletin A350-29-P027 (MOD 114533 and MOD 114075): The modification 
must be done in accordance with paragraphs 3.C., 3.D., and 3.E. of 
the Accomplishment Instructions of Airbus Service Bulletin A350-29-
P027, dated November 24, 2020.
    (iii) For Model A350-941 airplanes identified in Airbus Service 
Bulletin A350-29-P029 (MOD 114535 and MOD 114075): The modification 
must be done in accordance with paragraphs 3.C., 3.D., and 3.E. of 
the Accomplishment Instructions of Airbus Service Bulletin A350-29-
P029, dated December 16, 2020.
    (iv) For Model A350-941 airplanes not identified in paragraphs 
(h)(1)(i) through (iii) of this AD, and without MOD 114073 and 
114075 installed in production: The modification must be done 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.
    (2) Where EASA AD 2020-0268 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0268 do not apply to this AD.
    (4) Paragraph (3) of EASA AD 2020-0268 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.
    (5) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2020-0268 is at the applicable 
``thresholds'' as incorporated by the requirements of paragraph (3) 
of EASA AD 2020-0268, or within 90 days after the effective date of 
this AD, whichever occurs later.
    (6) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2020-0268 do not apply to this AD.
    (7) The ``Remarks'' section of EASA AD 2020-0268 does not apply 
to this AD.

(i) Provisions for Alternative Actions, Intervals, and Critical Design 
Configuration Control Limitations (CDCCLs)

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections), intervals, and CDCCLs are allowed 
unless they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2020-0268.

(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 local Flight 
Standards District 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 local flight standards district office/
certificate holding district 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 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; [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.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0268, 
dated December 4, 2020.
    (ii) Airbus Service Bulletin A350-29-P025, dated August 10, 
2020.
    (iii) Airbus Service Bulletin A350-29-P027, dated November 24, 
2020.
    (iv) Airbus Service Bulletin A350-29-P029, dated December 16, 
2020.
    (3) For EASA AD 2020-0268, 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. For Airbus 
SAS service information identified in this AD, contact Airbus SAS, 
Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 
45 80; email [email protected]; internet 
http://www.airbus.com.
    (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-2021-0193.
    (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 May 21, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-16241 Filed 7-29-21; 8:45 am]
BILLING CODE 4910-13-P