[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Proposed Rules]
[Pages 64416-64419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25072]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1006; Project Identifier MCAI-2021-00700-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2019-26-01, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2019-26-01 requires repetitive detailed inspections, 
and applicable corrective actions, and provides an optional 
modification that would terminate the inspections. Since the FAA issued 
AD 2019-26-01, a determination was made that a related production 
modification was not properly installed on certain airplanes. This 
proposed AD would retain the requirements of AD 2019-26-01, and, for 
certain airplanes, would add a one-time detailed inspection of the 
modification for proper installation, and applicable corrective actions 
if necessary, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is proposed for incorporation by reference. 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 January 3, 
2022.

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 the material that will be 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 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-2021-1006.

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-
1006; 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, 
International Section, Transport Standards 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-2021-1006; Project Identifier 
MCAI-2021-00700-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, International Section, Transport Standards 
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 2019-26-01, Amendment 39-21023 (85 FR 4199, 
January 24, 2020) (AD 2019-26-01), which applies to certain Airbus SAS 
Model A350-941 and -1041 airplanes. AD 2019-26-01 requires repetitive 
detailed inspections, and applicable corrective actions, and provides 
an optional modification that would terminate the inspections. The FAA 
issued AD 2019-26-01 to address possible water ingress due to sealant 
bead damage, which could result in

[[Page 64417]]

corrosion damage in the aluminum corner fitting. This condition, if not 
addressed, could lead to detachment and loss of the trimmable 
horizontal stabilizer (THS), possibly resulting in loss of control of 
the airplane and injury to persons on the ground.

Actions Since AD 2019-26-01 Was Issued

    Since the FAA issued AD 2019-26-01, it has been determined that 
Airbus production modification 113102 was not properly installed on 
certain Airbus SAS Model A350-941 and -1041 airplanes.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0141, dated June 15, 2021 (EASA 
AD 2021-0141) (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. EASA AD 
2021-0141 supersedes EASA AD 2019-0206 (which corresponds to FAA AD 
2019-26-01).
    This proposed AD was prompted by a determination that a related 
production modification was not properly installed on certain 
airplanes. The FAA is proposing this AD to address possible water 
ingress due to sealant bead damage, which could result in corrosion 
damage in the aluminum corner fitting. This condition, if not 
addressed, could lead to detachment and loss of the THS, possibly 
resulting in loss of control of the airplane and injury to persons on 
the ground. See the MCAI for additional background information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2019-26-01, this proposed AD would retain all of the 
requirements of AD 2019-26-01. Those requirements are referenced in 
EASA AD 2021-0141, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0141 describes procedures for repetitive detailed 
inspections for damage of the fillet sealant and corrosion on aluminum 
in the lower and upper corner fittings and bearing assembly attachment 
interface at frame (FR) 102, left-hand and right-hand sides, and an 
optional modification (application of new corrosion protection in the 
THS upper and lower attachment fitting bearing assembly) that would 
eliminate the need for the repetitive inspections. EASA AD 2021-0141 
also describes procedures for a one-time detailed inspection of the 
modification of the lower and upper corner fittings and bearing 
assembly attachment interface at FR 102, left-hand and right-hand sides 
(Airbus production modification 113102) for discrepancies (including 
missing sealant bead, cracks in the sealant bead, and corrosion on the 
affected bearing zone) and corrective actions (including, but not 
limited to, a check for grease, a check for cracks in the sealant bead, 
applying sealant, torqueing the bearing nut, inspecting for corrosion 
on the affected bearing zone, applying corrosion preventative compound 
and actions to address missing grease and corrosion). 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 
referenced above. The FAA is proposing this AD because the FAA 
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 require accomplishing the actions specified 
in EASA AD 2021-0141 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this 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 2021-0141 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0141 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 2021-0141 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-
0141. Service information required by EASA AD 2021-0141 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-1006 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 15 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2019-          30 work-hours x $85 per               $0          $2,550         $38,250
 26[dash]01.                             hour = $2,550.
New proposed actions..................  32 work-hours x $85 per                0           2,720          40,800
                                         hour = $2,720.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the corrective actions (including 
repair) specified in this proposed AD.

[[Page 64418]]



                   Estimated Costs of Optional Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
34 work-hours x $85 per hour = $2,890.              $0           $2,890
------------------------------------------------------------------------

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) 2019-26-01, Amendment 39-21023 
(85 FR 4199, January 24, 2020); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2021-1006; Project Identifier MCAI-2021-
00700-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 3, 2022.

(b) Affected ADs

    This AD replaces AD 2019-26-01, Amendment 39-21023 (85 FR 4199, 
January 24, 2020) (AD 2019-26-01).

(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 2021-0141, dated June 15, 
2021 (EASA AD 2021-0141).

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports of sealant bead damage caused by 
rotation of the attachment fitting bearing assembly of a trimmable 
horizontal stabilizer (THS) and a determination that a related 
production modification was not properly installed on certain 
airplanes. The FAA is issuing this AD to address possible water 
ingress due to sealant bead damage, which could result in corrosion 
damage in the aluminum corner fitting. This condition, if not 
addressed, could lead to detachment and loss of the THS, possibly 
resulting in loss of control of the airplane and injury to persons 
on the ground.

(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 2021-0141.

(h) Exceptions to EASA AD 2021-0141

    (1) Where EASA AD 2021-0141 refers to February 21, 2018 (the 
effective date of EASA AD 2018-0037), this AD requires using 
February 28, 2020 (the effective date of FAA AD 2019-26-01).
    (2) Where EASA AD 2021-0141 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) The ``Remarks'' section of EASA AD 2021-0141 does not apply 
to this AD.

(i) 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 (j)(2) of 
this AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2019-26-01 are approved as 
AMOCs for the corresponding provisions of EASA AD 2021-0141 that are 
required by paragraph (g) of this AD.
    (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): For any service information 
referenced in EASA AD 2021-0141 that contains RC procedures and 
tests: Except as required by paragraph (i)(2) of this AD, RC 
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.

[[Page 64419]]

(j) Related Information

    (1) For information about EASA AD 2021-0141, 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. 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-
2021-1006.
    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3225; email [email protected].

    Issued on November 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-25072 Filed 11-17-21; 8:45 am]
BILLING CODE 4910-13-P