[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Rules and Regulations]
[Pages 31123-31125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: R1-2022-10460]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0086; Project Identifier MCAI-2021-01035-T; 
Amendment 39-22026; AD 2022-09-06]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

    Editorial Note: Rule document 2022-10460 was originally 
published on pages 29654 through 29657 in the issue of Monday, May 
16, 2022. In that publication on page 29655, in the first column, in 
the DATES, ``June 20, 2022'' should read ``June 21, 2022''. Also, in 
that publication, on page 29656, in the first column, paragraph 
2(a), ``June 20, 2022'' should read ``June 21, 2022''. The corrected 
document is published here in its entirety.

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-13-
06, which applied to certain Airbus SAS Model A350-941 and -1041 
airplanes. AD 2021-13-06 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. Since the FAA issued AD 2021-13-
06, the FAA has determined that new or more restrictive airworthiness 
limitations are necessary. This AD continues to require the actions in 
AD 2021-13-06 and requires revising the existing maintenance or 
inspection program, as applicable, to incorporate additional new or 
more restrictive airworthiness limitations, 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 June 21, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 21, 
2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of 
September 3, 2021 (86 FR 40934, July 30, 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 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-2022-0086.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0086; 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, FAA, International Validation Branch, 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 2021-0208, dated September 15, 2021 
(EASA AD 2021-0208) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-13-06, Amendment 39-21611 (86 FR 
40934, July 30, 2021) (AD 2021-13-06). AD 2021-13-06 applied to certain 
Airbus SAS Model A350-941 and -1041 airplanes. The NPRM published in 
the Federal Register on February 9, 2022 (87 FR 7397). The NPRM was 
prompted by a determination that new or more restrictive airworthiness 
limitations are necessary. The NPRM proposed to continue to require the 
actions in AD 2021-13-06 and require revising the existing maintenance 
or inspection program, as applicable, to incorporate additional new or 
more restrictive airworthiness limitations, as specified in EASA AD 
2021-0208.
    The FAA is issuing this AD to address hazardous or catastrophic 
airplane system failures. See the MCAI for additional background 
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, 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 2021-0208 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD also requires EASA AD 2020-0211, dated October 5, 2020, and 
EASA AD 2021-0026, dated January 20, 2021, which the Director of the 
Federal Register approved for incorporation by reference as of 
September 3, 2021 (86 FR 40934, July 30, 2021).
    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 27 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from

[[Page 31124]]

AD 2021-13-06 to be $7,650 (90 work-hours x $85 per work-hour).
    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 new proposed 
actions 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 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.

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:
0
a. Removing Airworthiness Directive (AD) 2021-13-06, Amendment 39-21611 
(86 FR 40934, July 30, 2021); and
0
b. Adding the following new AD:

2022-09-06 Airbus SAS: Amendment 39-22026; Docket No. FAA-2022-0086; 
Project Identifier MCAI-2021-01035-T.

(a) Effective Date

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

(b) Affected ADs

    (1) This AD replaces AD 2021-13-06, Amendment 39-21611 (86 FR 
40934, July 30, 2021) (AD 2021-13-06).
    (2) 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 20, 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 hazardous or catastrophic airplane system 
failures.

(f) Compliance

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

(g) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2021-13-06, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before July 22, 2020: 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. Accomplishing the revision of the existing 
maintenance or inspection program required by paragraph (j) of this 
AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0211 and EASA AD 2021-0026, 
With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2021-13-06, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before July 22, 2020:
    (1) Where EASA AD 2020-0211 and EASA AD 2021-0026 refers to its 
effective date, this AD requires using September 3, 2021 (the 
effective date of AD 2021-13-06).
    (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 September 3, 
2021 (the effective date of AD 2021-13-06).
    (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 September 3, 2021 (the effective date of AD 2021-13-
06), 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) Retained Provisions for Alternative Actions and Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (i) of AD 
2021-13-06, with a new exception. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before July 22, 2020: Except as required 
by paragraph (j) of this AD, after the existing maintenance or 
inspection program has been revised as required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections)

[[Page 31125]]

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) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (k) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2021-0208, dated September 15, 2021. 
Accomplishing the revision of the existing maintenance or inspection 
program required by this paragraph terminates the requirements of 
paragraph (g) of this AD.

(k) Exceptions to EASA AD 2021-0208

    (1) Where EASA AD 2021-0208 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 2021-0208 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0208 specifies to revise ``the 
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.
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2021-0208 is at the applicable 
``limitations'' as incorporated by the requirements of paragraph (3) 
of EASA AD 2021-0208, 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 2021-0208 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0208 does not apply 
to this AD.
    (7) Where EASA AD 2021-0208 refers to Airbus A350 Airworthiness 
Limitations Section (ALS) Part 4, Revision 6 and Variation 6.1, 
replace the text ``Airbus A350 Airworthiness Limitations Section 
(ALS) Part 4, Revision 6 and Variation 6.1,'' with ``Airbus A350 
Airworthiness Limitations Section (ALS) Part 4, Revision 6 and 
Variation 6.1; for any airworthiness limitations (tasks and life 
limits) that are in both documents, the airworthiness limitations 
(tasks and life limits) specified in Variation 6.1 prevail.''

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (j) 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 2021-0208.

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

    Accomplishing the actions required by paragraph (g) or (j) of 
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.

(n) 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 (o) 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.

(o) Related Information

    For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3225; email [email protected].

(p) 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.
    (3) The following service information was approved for IBR on 
June 21, 2022.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0208, 
dated September 15, 2021.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
September 3, 2021 (86 FR 40934, July 30, 2021).
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0211, 
dated October 5, 2020.
    (ii) European Union Aviation Safety Agency (EASA) AD 2021-0026, 
dated January 20, 2021.
    (5) For the EASA ADs identified 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 EASA AD on the EASA website at https://ad.easa.europa.eu.
    (6) 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.
    (7) 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 April 15, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. R1-2022-10460 Filed 5-20-22; 8:45 am]
BILLING CODE 0099-10-D