[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Rules and Regulations]
[Pages 12804-12807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04350]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1106; Project Identifier MCAI-2020-01065-T; 
Amendment 39-21435; AD 2021-04-14]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (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 A350-1041 airplanes. This AD was 
prompted by reports that suitable corrosion protection treatment had 
not been applied to certain areas of the seat track. This AD requires a 
one-time detailed inspection of the seat tracks between certain frames 
for suitable corrosion protection or presence of corrosion, and on-
condition actions if necessary, 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 April 9, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 9, 
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#57161324173236243679322225382736793222"><span class="__cf_email__" data-cfemail="6c2d281f2c090d1f0d4209191e031c0d420919">[email protected]</span></a>; 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. It is also available in 
the AD docket on the internet at https://www.regulations.gov by 
searching for

[[Page 12805]]

and locating Docket No. FAA-2020-1106.

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-2020-
1106; 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, 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: Kathleen Arrigotti, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email <a href="/cdn-cgi/l/email-protection#c2a9a3b6aaaea7a7aceca3b0b0aba5adb6b6ab82a4a3a3eca5adb4"><span class="__cf_email__" data-cfemail="4e252f3a26222b2b20602f3c3c2729213a3a270e282f2f60292138">[email protected]</span></a>.

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0166, dated July 27, 2020 (EASA 
AD 2020-0166) (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 A350-1041 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 A350-1041 airplanes. The NPRM published in the 
Federal Register on December 4, 2020 (85 FR 78279). The NPRM was 
prompted by reports that suitable corrosion protection treatment had 
not been applied to certain areas of the seat track. The NPRM proposed 
to require a one-time detailed inspection of the seat tracks between 
certain frames for suitable corrosion protection or presence of 
corrosion, and on-condition actions if necessary, as specified in EASA 
AD 2020-0166.
    The FAA is issuing this AD to address a potential structural 
deficiency at certain seat track locations, providing insufficient 
resistance to environmental damage. This condition, if not addressed, 
could lead to seat or monument detachment during an emergency landing, 
possibly resulting in injury to occupants and preventing safe 
evacuation from the airplane. See the MCAI for additional background 
information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Clarification of Terminology

    The FAA has added paragraph (h)(3) to this AD to clarify the 
definition of ``deficiencies,'' which is used in EASA AD 2020-0166 but 
is not referred to in the service information referenced in EASA AD 
2020-0166.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule with the 
change described previously and minor editorial changes. The FAA has 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0166 describes procedures for a one-time detailed 
inspection of the seat tracks between certain frames for suitable 
corrosion protection or presence of corrosion, and on-condition actions 
if necessary. On-condition actions include applying protection, 
removing corrosion, measuring the dimensions of the seat rails, and 
performing a splice repair.
    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 5 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
14 work-hours x $85 per hour = $1,190........................              $0           $1,190           $5,950
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
6 work-hours x $85 per hour = $510....              $0             $510
------------------------------------------------------------------------

    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

[[Page 12806]]

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.

Adoption of 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:

2021-04-14 Airbus SAS: Amendment 39-21435; Docket No. FAA-2020-1106; 
Project Identifier MCAI-2020-01065-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 9, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and A350-1041 
airplanes, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2020-0166, dated July 27, 
2020 (EASA AD 2020-0166).

(d) Subject

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

(e) Reason

    This AD was prompted by reports that suitable corrosion 
protection treatment had not been applied to certain areas of the 
seat track. The FAA is issuing this AD to address a potential 
structural deficiency at certain seat track locations, providing 
insufficient resistance to environmental damage. This condition, if 
not addressed, could lead to seat or monument detachment during an 
emergency landing, possibly resulting in injury to occupants and 
preventing safe evacuation from 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 2020-0166.

(h) Exceptions to EASA AD 2020-0166

    (1) Where EASA AD 2020-0166 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0166 does not apply 
to this AD.
    (3) Where paragraph (2) of EASA AD 2020-0166 refers to 
``deficiencies,'' for this AD deficiencies include unsuitable 
corrosion protection or presence of corrosion.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0166 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(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) of this 
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#92abbfd3c4c1bfd3dbc0bfa5a1a2bfd3dfddd1d2f4f3f3bcf5fde4"><span class="__cf_email__" data-cfemail="10293d5146433d5159423d2723203d515d5f53507671713e777f66">[email protected]</span></a>. 
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 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

    For more information about this AD, contact Kathleen Arrigotti, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3218; email <a href="/cdn-cgi/l/email-protection#2843495c40444d4d4606495a5a414f475c5c41684e4949064f475e"><span class="__cf_email__" data-cfemail="d5beb4a1bdb9b0b0bbfbb4a7a7bcb2baa1a1bc95b3b4b4fbb2baa3">[email protected]</span></a>.

(l) 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.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0166, 
dated July 27, 2020 (EASA AD 2020-0166).
    (ii) [Reserved]
    (3) For EASA AD 2020-0166, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#4a0b0e390a2f2b392b642f3f38253a2b642f3f"><span class="__cf_email__" data-cfemail="febfba8dbe9b9f8d9fd09b8b8c918e9fd09b8b">[email protected]</span></a>; 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. 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-2020-1106.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration

[[Page 12807]]

(NARA). For information on the availability of this material at 
NARA, email <a href="/cdn-cgi/l/email-protection#cbadaeafb9aeace5a7aeacaaa78ba5aab9aae5aca4bd"><span class="__cf_email__" data-cfemail="a0c6c5c4d2c5c78eccc5c7c1cce0cec1d2c18ec7cfd6">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 9, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-04350 Filed 3-4-21; 8:45 am]
BILLING CODE 4910-13-P


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