[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Rules and Regulations]
[Pages 8167-8169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02995]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0667; Project Identifier MCAI-2021-00580-T; 
Amendment 39-21931; AD 2022-03-14]
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 report that during type certification activity, it was 
identified that certain monitoring software was incorrectly implemented 
in the braking control system (BCS) certification standard. This AD 
requires installing (updating) certain software for the braking and 
steering system, as specified in a European Union Aviation Safety 
Agency (EASA) AD, which is incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective March 21, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 21, 
2022.

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 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 at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0667.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0667; 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, the 
mandatory continuing airworthiness information (MCAI), 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: 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:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0127, dated May 12, 2021 (EASA 
AD 2021-0127) (also referred to as 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 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 August 18, 2021 (86 FR 46164). The NPRM was prompted by a 
report that during type certification activity, it was identified that 
certain monitoring software was incorrectly implemented in the BCS 
certification standard. The NPRM proposed to require installing 
(updating) certain software for the braking and steering system, as 
specified in EASA AD 2021-0127.
    The FAA is issuing this AD to address in-service limitations 
related to the braking and steering system, which, under specific 
degraded conditions, could lead to a reduction in braking performance 
and potentially lead to a runway excursion, and result in damage to the 
airplane and injury to passengers. See the MCAI for additional 
background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Delta Airlines (DAL) and the Air 
Line Pilots Association, International (ALPA). ALPA supported the NPRM 
without change. The following presents the DAL comments received on the 
NPRM and the FAA's response to each comment.

Request To Revise the Costs of Compliance Paragraph

    DAL requested that the NPRM include the labor hours associated with 
the prerequisite service bulletins referenced in Airbus Service 
Bulletin A350-32-P037, dated July 30, 2019 (which is referenced in EASA 
AD 2021-0127). DAL stated that, depending on airplane configuration, 
the actions in the four prerequisite service bulletins may need to be 
done before doing the actions specified in referenced Airbus Service 
Bulletin A350-32-P037, dated July 30, 2019.
    The FAA acknowledges the commenter's request. If an operator 
accomplishes prerequisite service information specified in Airbus 
Service Bulletin A350-32-P037, dated July 30, 2019 (which is referenced 
in EASA AD 2021-0127) there is an additional cost to those prerequisite 
service information. It is estimated that an operator may incur an 
additional 15 work-hours and up to an additional $1,275 in parts cost 
to accomplish the prerequisite service information. However, since 
accomplishment of the prerequisite service information may not be 
required to accomplish the required actions of this AD, these costs may 
not apply to all operators. The FAA has added this explanation to the 
Cost of Compliance paragraph in this AD, but not the additional costs 
for accomplishing the prerequisite service information.

Request To Add a Certain AD to Paragraph (b) of the Proposed AD

    DAL requested that the FAA add AD 2017-18-18, Amendment 39-19027 
(82 FR 42579, September 11, 2017) (AD 2017-18-18) to paragraph (b) of 
the proposed AD (AD 2017-18-18 requires repetitive on-ground power 
cycles to reset the internal timer). DAL stated that Airbus Service 
Bulletin A350-42-P010, dated August 14, 2018, is a required 
prerequisite for doing the actions in Airbus Service Bulletin A350-32-
P037, dated July 30, 2019 (which is referenced in EASA AD 2021-0127), 
and therefore, is a requirement for doing the actions in the proposed 
AD. DAL commented that Airbus Service Bulletin A350-42-P010, dated 
August 14, 2018, was approved for use in alternative method of 
compliance (AMOC) AIR-676-19-298, dated July 22, 2019, for 
accomplishing the requirements in paragraph (g) of AD 2017-18-18.

[[Page 8168]]

    The FAA disagrees with the request. Paragraph (b) of this AD 
identifies superseded or revised ADs, or other ADs if the requirements 
of those ADs are affected (i.e., this AD terminates all or part of 
another AD). AD 2017-18-18 does not meet any of those conditions, and 
therefore, is not considered an affected AD. The FAA has not changed 
this AD in this regard.

Request To Revise the Applicability

    DAL requested that the FAA revise the applicability of the proposed 
AD. DAL stated that the applicability should be limited to Model A350-
941 and -1041 airplanes having manufacturer serial numbers listed in 
the applicability paragraph of Airbus Service Bulletin A350-32-P037, 
dated July 30, 2019 (which is referenced in EASA AD 2021-0127). DAL 
commented that the applicability needs focus on the finite list of 
manufacturer serial numbers that were not produced with the required 
modification. DAL also commented that the applicability paragraph 
specified in EASA AD 2021-0127 has an exception for airplanes that have 
embodied Airbus modification 114420 in production. DAL stated that this 
logic requires the operator to actively verify that the actions in EASA 
AD 2021-0127 have been accomplished on every new airplane in 
production.
    The FAA disagrees with revising the applicability of this AD. The 
applicability of this AD was coordinated with EASA and determined to be 
necessary to address those airplanes affected by the unsafe condition. 
In addition, the applicability of an AD takes precedence over the 
effectivity listed in any service bulletin. Excluding airplanes in the 
applicability ensures that operators make a definitive determination of 
whether an airplane is affected. Once an airplane has been delivered to 
an operator, it is the operator's responsibility to ensure compliance 
with the AD actions. The FAA has not changed this AD in this regard.

Request To Add an Exception to the Proposed AD

    DAL requested that the FAA add an exception to paragraph (h) of the 
proposed AD to specify that the required for compliance (RC) language 
in paragraph (i)(3) of the proposed AD applies to paragraphs 3.C. and 
3.E. of the Accomplishment Instructions of Airbus Service Bulletin 
A350-32-P037, dated July 30, 2019 (which is referenced in EASA AD 2021-
0127). DAL stated that testing the airplane to verify if the correct 
software is installed as specified in paragraph 3.E. of the 
Accomplishment Instructions of Airbus Service Bulletin A350-32-P037, 
dated July 30, 2019, meets the intended level of safety in the proposed 
AD.
    DAL also requested that paragraphs 3.A., 3.B., 3.D., 3.F., and 3.G 
of the Accomplishment Instructions of Airbus Service Bulletin A350-32-
P037, dated July 30, 2019, not be included as RC. DAL stated that these 
paragraphs are not required to establish the intended level of safety 
in the proposed AD. DAL commented that no paragraphs in the service 
bulletin were identified as RC.
    The FAA agrees to add an exception to paragraph (h)(3) of this AD 
for the reasons provided above. The FAA has revised paragraph (h) of 
this AD to specify that only paragraphs 3.C. and 3.E. of the 
Accomplishment Instructions of Airbus Service Bulletin A350-32-P037, 
dated July 30, 2019, must be accomplished if Airbus Service Bulletin 
A350-32-P037, dated July 30, 2019, is used for the modification 
required by EASA AD 2021-0127.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, and any other changes 
described previously, this AD is adopted as proposed in the NPRM. None 
of the changes will increase the economic burden on any operator. 
Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0127 describes procedures for installing (updating) 
serviceable software for the braking and steering system. Serviceable 
software includes BCS software (SW) standard (STD) S5B, wheel steering 
control system (WSCS) SW STD S5B, and landing gear extension and 
retraction system (LGERS) SW STD S5A. 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 17 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
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              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
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Up to 4 work-hours x $85 per hour =    Up to $1,650...........  Up to $1,990...........  Up to $33,830.
 Up to $340.
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* If an operator accomplishes prerequisite service information specified in Airbus Service Bulletin A350-32-
  P037, dated July 30, 2019 (which is referenced in EASA AD 2021-0127) there is an additional cost to those
  prerequisite service information.

    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

[[Page 8169]]

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.

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:

2022-03-14 Airbus SAS: Amendment 39-21931; Docket No. FAA-2021-0667; 
Project Identifier MCAI-2021-00580-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 21, 2022.

(b) Affected ADs

    None.

(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 2021-0127, dated May 12, 2021 
(EASA AD 2021-0127).

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Reason

    This AD was prompted by a report that during type certification 
activity, it was identified that certain monitoring software was 
incorrectly implemented in the braking control system (BCS) 
certification standard. The FAA is issuing this AD to address in-
service limitations related to the braking and steering system, 
which, under specific degraded conditions, could lead to a reduction 
in braking performance and potentially lead to a runway excursion, 
and result in damage to the airplane and injury to passengers.

(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 2021-0127.

(h) Exceptions to EASA AD 2021-0127

    (1) Where EASA AD 2021-0127 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0127 does not apply 
to this AD.
    (3) Where EASA AD 2021-0127 requires modifying the airplanes and 
specifies the modification ``can be accomplished in accordance with 
the instructions of the SB,'' for this AD, replace the text ``the 
instructions of the SB'' with ``paragraphs 3.C. and 3.E. of the 
Accomplishment Instructions of the SB.''

 (i) Additional 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) 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 (i)(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.

(j) Related Information

    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].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2021-0127, 
dated May 12, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0127, 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.
    (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 January 25, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-02995 Filed 2-11-22; 8:45 am]
BILLING CODE 4910-13-P