[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Rules and Regulations]
[Pages 40934-40937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16245]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0303; Project Identifier MCAI-2020-01367-T; 
Amendment 39-21611; AD 2021-13-06]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), 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 two 
European Union Aviation Safety Agency (EASA) ADs, which are 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

[[Page 40935]]


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 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-2021-0303.

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-
0303; 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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued 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); (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 2021-
0026 refers to Airbus A350 Airworthiness Limitations Section (ALS) Part 
4, Variation 5.1, dated July 22, 2020. Airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued after July 22, 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 AD 2019-20-01, Amendment 39-19754 (84 FR 55495, 
October 17, 2019) (AD 2019-20-01), to require, among other things, 
repetitive greasing of certain thrust reverser actuators (TRAs). For 
those TRAs identified as batch 02 in EASA AD 2018-0234R2, dated 
September 17, 2019 (which is required by AD 2019-20-01), the repetitive 
greasing task has since been incorporated into Airbus A350 
Airworthiness Limitations Section (ALS), Part 4, Systems Equipment 
Maintenance Requirements (SEMR), Revision 05 Issue 02, dated June 25, 
2020, which is specified in EASA 2020-0211. Accomplishing the actions 
in this AD would therefore terminate the repetitive greasing of batch 
02 TRAs required by paragraph (g) of AD 2019-20-01.
    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 April 16, 2021 (86 FR 20086). 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 specified in EASA AD 2020-0211 
and EASA AD 2021-0026.
    The FAA is issuing this AD to address hazardous or catastrophic 
airplane system failures. 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 
its support for 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 2020-0211 and EASA AD 2021-0026 describe new or more 
restrictive airworthiness limitations for airplane systems and safe 
life limits. These documents are distinct because they apply to 
different airplane configurations. 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).

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

[[Page 40936]]

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:

2021-13-06 Airbus SAS: Amendment 39-21611; Docket No. FAA-2021-0303; 
Project Identifier MCAI-2020-01367-T.

(a) Effective Date

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

(b) Affected ADs

    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 22, 2020.

(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) 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 
2020-0211, 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.

(h) Exceptions to EASA AD 2020-0211 and EASA AD 2021-0026

    (1) Where EASA AD 2020-0211 and EASA AD 2021-0026 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 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 the effective 
date of this AD.
    (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 the effective date of this AD, 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) Provisions for Alternative Actions and Intervals

    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) Terminating Action for Certain Requirements of AD 2019-20-01

    Accomplishing the actions required by 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.

(k) 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 (l) 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 (k)(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.

(l) 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].

(m) 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 2020-0211, 
dated October 5, 2020.

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    (ii) European Union Aviation Safety Agency (EASA) AD 2021-0026, 
dated January 20, 2021.
    (3) For EASA AD 2020-0211 and EASA AD 2021-0026, 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 these EASA ADs 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-2021-0303.
    (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 June 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-16245 Filed 7-29-21; 8:45 am]
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