[Federal Register Volume 91, Number 31 (Tuesday, February 17, 2026)]
[Proposed Rules]
[Pages 7183-7186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03037]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2026-1328; Project Identifier MCAI-2025-00462-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)
2021-03-08, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2021-03-08 requires repetitive inspections for
migration of the bushings of the horizontal tail plane (HTP) lateral
load fittings (LLF) on the left- and right-hand sides and terminating
repair or modification of any affected bushing. Since the FAA issued AD
2021-03-08, new occurrences of bushing migration on HTP LLF were
reported, and a determination was made that certain repairs can no
longer be considered terminating action to the repetitive inspections.
This proposed AD would continue to require the actions in AD 2021-03-
08, remove a certain terminating action, and expand the applicability.
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 April 3,
2026.
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 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.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2026-1328; 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, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For European Union Aviation Safety Agency (EASA) material
identified in this proposed AD, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]. You may find this material on the EASA website at
ad.easa.europa.eu. It is also available at regulations.gov under Docket
No. FAA-2026-1328.
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.
FOR FURTHER INFORMATION CONTACT: Andrew Younglove, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-3644; 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 using a method listed
under the ADDRESSES section. Include ``Docket No. FAA-2026-1328;
Project Identifier MCAI-2025-00462-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 this 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
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
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
Andrew Younglove, Aviation Safety Engineer, FAA, 2200 South 216th St.,
Des Moines, WA 98198; telephone 206-231-3644; 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 2021-03-08, Amendment 39-21411 (86 FR 16038,
March 26, 2021) (AD 2021-03-08), for certain Airbus SAS Model A350-941
and -1041 airplanes. AD 2021-03-08
[[Page 7184]]
was prompted by an MCAI originated by EASA, which is the Technical
Agent for the Member States of the European Union. EASA issued AD 2020-
0139R1, dated July 3, 2020 (EASA AD 2020-0139R1), to correct an unsafe
condition.
AD 2021-03-08 requires repetitive inspections for migration of the
bushings of the HTP LLF on the left- and right-hand sides and
terminating repair or modification of any affected bushing. The FAA
issued AD 2021-03-08 to address combined corrosion and fatigue damage
of the primary structure, possibly resulting in failure of the HTP LLF
and damage to adjacent structure, which could result in reduced
controllability of the airplane.
Actions Since AD 2021-03-08 Was Issued
Since the FAA issued AD 2021-03-08, EASA superseded EASA AD 2020-
0139R1 and issued EASA AD 2025-0073, dated April 3, 2025 (EASA AD 2025-
0073) (also referred to as the MCAI), to correct an unsafe condition
for certain Airbus SAS Model A350-941 and -1041 airplanes. The MCAI
states that new occurrences of bushing migration on HTP LLF have been
reported on airplanes with modification 110669, which were not in the
applicability of EASA AD 2020-0139R1. Additionally, it has been
determined that the repair instructions provided by Airbus Service
Bulletin A350-55-P013at any revision can no longer be considered
terminating action for the repetitive inspections.
The FAA is proposing this AD to address combined corrosion and
fatigue damage of the primary structure, possibly resulting in failure
of the HTP LLF and damage to adjacent structure, which could result in
reduced controllability of the airplane. You may examine the MCAI in
the AD docket at regulations.gov under Docket No. FAA-2026-1328.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2021-03-08, this proposed AD would retain certain
requirements of AD 2021-03-08. Those requirements are referenced in
EASA AD 2025-0073, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2025-0073, which specifies procedures for
repetitive detailed inspections (DET) for discrepancies (e.g., broken
sealant and migration) of the bushings of the HTP LLF on the left- and
right-hand sides, and repair or modification of any affected bushing.
EASA AD 2025-0073 specifies that modification of affected bushings
terminates the repetitive inspections. EASA AD 2025-0073 also requires
reporting inspection results to Airbus. EASA AD 2025-0073 also
provides, for certain airplanes, an optional method of compliance for
doing the initial inspections. 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
These products have been approved by the civil aviation authority
of another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, that authority has notified the FAA of the unsafe condition
described in the MCAI referenced above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2025-0073 described previously, except for any differences
identified as exceptions in the regulatory text of this 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 2025-0073 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2025-0073 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 2025-0073 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 2025-
0073. Material required by EASA AD 2025-0073 for compliance will be
available at regulations.gov under Docket No. FAA-2026-1328 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 36 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 2021-03-08...... 10 work-hours x $85 per $0 $850 $30,600
hour = $850.
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Estimated Costs for Optional Actions
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Labor cost Parts cost Cost per product
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56 work-hours x $85 per hour = $23,000 $27,760
$4,760........................
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[[Page 7185]]
The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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Up to 93 work-hours x $85 per Up to $4,480 (four Up to $12,385
hour = $7,905. bushings). (four bushings).
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this proposed AD.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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) 2021-03-08, Amendment 39-21411
(86 FR 16038, March 26, 2021) and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2026-1328; Project Identifier MCAI-2025-
00462-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 3, 2026.
(b) Affected ADs
This AD replaces AD 2021-03-08, Amendment 39-21411 (86 FR 16038,
March 26, 2021) (AD 2021-03-08).
(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 2025-0073, dated April 3,
2025 (EASA AD 2025-0073).
(d) Subject
Air Transport Association (ATA) of America Code 55, Stabilizers.
(e) Unsafe Condition
This AD was prompted by reports of migration of the bushings of
the horizontal tail plane (HTP) lateral load fittings (LLF) on the
left- and right-hand sides during flight test. The FAA is issuing
this AD to address combined corrosion and fatigue damage of the
primary structure, possibly resulting in failure of the HTP LLF and
damage to adjacent structure. The unsafe condition, if not
addressed, could result in reduced controllability of the airplane.
(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 2025-0073.
(h) Exceptions to EASA AD 2025-0073
(1) Where EASA AD 2025-0073 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraphs (3) and (6) of EASA AD 2025-0073 refer to
``discrepancies'', this AD defines discrepancies as broken sealant
and bush migration.
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2025-0073.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, AIR-
520, Continued Operational Safety 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 manager of
the Continued Operational
[[Page 7186]]
Safety Branch, send it to the attention of the person identified in
paragraph (j) of this AD and email 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, AIR-520,
Continued Operational Safety 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 material 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) Additional Information
For more information about this AD, contact Andrew Younglove,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone 206-231-3644; email: [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2025-0073,
dated April 3, 2025.
(ii) [Reserved]
(3) For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]. You may find this material on
the EASA website at 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 at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on February 11, 2026.
Lona C. Saccomando,
Acting Deputy Director, Integrated Certificate Management Division,
Aircraft Certification Service.
[FR Doc. 2026-03037 Filed 2-13-26; 8:45 am]
BILLING CODE 4910-13-P