[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Proposed Rules]
[Pages 59896-59899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23345]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0945; Project Identifier MCAI-2021-01033-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2021-11-23, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2021-11-23 requires revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, and, for certain airplanes, 
and updating the hydraulic monitoring system to include additional 
redundancy. Since the FAA issued AD 2021-11-23, the FAA has determined 
that new or more restrictive airworthiness limitations are necessary. 
This proposed AD would require 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). This proposed AD would also revise the 
applicability to include different airplanes. The FAA is proposing this 
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December 
13, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that will be 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. EASA material is also 
available in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0945.

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-
0945; 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 NPRM, 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; telephone and fax 206-231-3225; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0945; Project Identifier 
MCAI-2021-01033-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 
the proposal 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

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 NPRM 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 NPRM, 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 NPRM. 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; 
telephone and fax 206-231-3225; email [email protected]. 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 2021-11-23, Amendment 39-21585 (86 FR 40932, July 
30, 2021) (AD 2021-11-23), for certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2021-11-23 requires revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations and, for certain airplanes, 
updating the hydraulic monitoring system to include additional 
redundancy. The FAA issued AD 2021-11-23 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.

Actions Since AD 2021-11-23 Was Issued

    Since the FAA issued AD 2021-11-23, the FAA has determined that new 
or more restrictive airworthiness limitations are necessary.
    EASA, which is the Technical Agent for the Member States of the 
European

[[Page 59897]]

Union, has issued EASA AD 2021-0209, dated September 15, 2021 (EASA AD 
2021-0209) (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 2021-0209 refers 
to Airbus A350 Airworthiness Limitations Section (ALS), Part 5, ``Fuel 
Airworthiness Limitations (FAL),'' Revision 05, dated June 30, 2021, 
which includes updating the hydraulic monitoring system. Airplanes with 
an original airworthiness certificate or original export certificate of 
airworthiness issued after June 30, 2021, must comply with the 
airworthiness limitations specified as part of the approved type design 
and referenced on the type certificate data sheet; this proposed AD 
therefore does not include those airplanes in the applicability. EASA 
AD 2021-0209 supersedes EASA AD 2020-0268, dated December 4, 2020 
(which corresponds to FAA AD 2021-11-23).
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address the potential of ignition sources inside 
fuel tanks, which, in combination with flammable fuel vapors, could 
result in a fuel tank explosion and consequent loss of the airplane. 
See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0209 describes new or more restrictive airworthiness 
limitations related to fuel tank ignition prevention and fuel tank 
flammability reduction.
    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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA has evaluated all pertinent information and determined 
an unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would also require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, which are specified in EASA 
AD 2021-0209 described previously, as incorporated by reference. Any 
differences with EASA AD 2021-0209 are identified as exceptions in the 
regulatory text of this AD. This proposed AD would also require 
accomplishing a certain airworthiness limitation using the Airbus 
service information described previously.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(j)(1) of this proposed AD.
    This proposed AD does not restate the requirements of AD 2021-11-23 
due to an error in the applicability of that AD. The applicability of 
AD 2021-11-23 identified airplanes having an original airworthiness 
certificate or original export certificate of airworthiness issued 
``after'' September 15, 2020, instead of ``on or before'' September 15, 
2020. The affected airplanes are correctly identified in the 
applicability of this new proposed AD.

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, the 
FAA proposes to incorporate EASA AD 2021-0209 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0209 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2021-0209 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 2021-
0209.
    Service information required by EASA AD 2021-0209 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0945 after the FAA final rule is 
published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections), intervals, or CDCCLs may be used unless the actions, 
intervals, and CDCCLs are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in the 
AMOCs paragraph under ``Other FAA Provisions.'' This new format 
includes a ``New Provisions for Alternative Actions, Intervals, and 
CDCCLs'' paragraph that does not specifically refer to AMOCs, but 
operators may still request an AMOC to use an alternative action, 
interval, or CDCCL.

Costs of Compliance

    The FAA estimates that this proposed AD affects 24 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 59898]]

    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.
    The FAA estimates the total cost per operator for the proposed 
maintenance or inspection program revision to be $7,650 (90 work-hours 
J $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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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) 2021-11-23, Amendment 39-21585 
(86 FR 40932, July 30, 2021); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2021-0945; Project Identifier MCAI-2021-
01033-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 13, 2021.

(b) Affected ADs

    This AD replaces AD 2021-11-23, Amendment 39-21585 (86 FR 40932, 
July 30, 2021) (AD 2021-11-23).

(c) Applicability

    This AD applies 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 June 30, 2021.

(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 the potential of ignition sources inside 
fuel tanks, which, in combination with flammable fuel vapors, could 
result in a fuel tank explosion and consequent loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Maintenance or Inspection Program Revision

    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 
2021-0209, dated September 15, 2021 (EASA AD 2021-0209).

(h) Exceptions to EASA AD 2021-0209

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2021-0209 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2021-0209 specifies revising ``the 
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 2021-0209 within 90 days after 
the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2021-0209 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2021-0209, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2021-0209 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2021-0209 does not apply 
to this AD.

(i) Provisions for Alternative Actions, Intervals, and CDCCLs

    After the maintenance or inspection program has been revised as 
required by paragraph (g) of this AD, no alternative actions (e.g., 
inspections), intervals, and critical design configuration control 
limitations (CDCCLs) are allowed unless they are approved as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2021-0209.

(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)(2) 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

[[Page 59899]]

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

    (1) For information about EASA AD 2021-0209, 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. For Airbus 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 https://www.airbus.com. 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-2021-0945.
    (2) 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; telephone 
and fax 206-231-3225; email [email protected].

    Issued on October 21, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-23345 Filed 10-28-21; 8:45 am]
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