Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Rules and Regulations 5391 

issuing this AD to address incorrect 

installation of the FSOV actuator. This 

condition, if not addressed, could lead to 

FSOV failure, and consequent risk of a 

temporary uncontrolled engine fire, possibly 

resulting in damage to, and reduced control 

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, European Union Aviation 

Safety Agency (EASA) AD 2021–0106, dated 

April 15, 2021 (EASA AD 2021–0106). 

(h) Exceptions to EASA AD 2021–0106 

(1) Where EASA AD 2021–0106 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) The ‘‘Remarks’’ section of EASA AD 

2021–0106 does not apply to this AD. 

(3) Paragraph (4) of EASA AD 2021–0106 

specifies to report inspection results to 

Airbus within a certain compliance time. For 

this AD, report inspection results at the 

applicable time specified in paragraph 

(h)(3)(i) or (ii) of this AD. 

(i) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 30 days after the inspection. 

(ii) If the inspection was done before the 

effective date of this AD: Submit the report 

within 30 days after the effective date of this 

AD. 

(4) Where the service information 

referenced in EASA AD 2021–0106 specifies 

to send the FSOV actuator for repair if it 

moves (rotates around its pivot axis) during 

the inspection, this AD requires replacing 

any FSOV actuator that moves (rotates 

around its pivot axis) during the inspection 

with a serviceable actuator, as specified in 

EASA AD 2021–0106. 

(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: 9-AVS-AIR730-AMOC@faa.gov. 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 dan.rodina@

faa.gov. 

(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 2021–0106, dated April 15, 2021. 

(ii) [Reserved] 

(3) For EASA AD 2021–0106, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; 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 

fr.inspection@nara.gov, or go to: https://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on December 29, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–01961 Filed 1–31–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0945; Project 

Identifier MCAI–2021–01033–T; Amendment 

39–21895; AD 2022–01–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2021–11– 

23, which applied to certain Airbus SAS 

Model A350–941 and –1041 airplanes. 

AD 2021–11–23 required revising the 

existing maintenance or inspection 

program, as applicable, to incorporate 

new or more restrictive airworthiness 

limitations, and, for certain airplanes, 

updating the hydraulic monitoring 

system to include additional 

redundancy. Since the FAA issued AD 

2021–11–23, the FAA has determined 

that new or more restrictive 

airworthiness limitations are necessary. 

This AD requires revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations; as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

incorporated by reference. This AD also 

revises the applicability to include 

different airplanes. The FAA is issuing 

this AD to address the unsafe condition 

on these products. 

DATES: This AD is effective March 8, 

2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of March 8, 2022. 

ADDRESSES: For EASA material 

incorporated by reference (IBR) in this 

AD, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; 

telephone +49 221 8999 000; email 

ADs@easa.europa.eu; 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 


tkelley on DSK125TN23PROD with RULES1
5392 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Rules and Regulations 

searching for and locating Docket No. 

FAA–2021–0945. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0945; 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 

dan.rodina@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2021–0209, 

dated September 15, 2021 (EASA AD 

2021–0209) (also referred to as the 

Mandatory Continuing Airworthiness 

Information, or 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 2021–11–23, 

Amendment 39–21585 (86 FR 40932, 

July 30, 2021) (AD 2021–11–23). AD 

2021–11–23 applied to certain Airbus 

SAS Model A350–941 and –1041 

airplanes. The NPRM published in the 

Federal Register on October 29, 2021 

(86 FR 59896). The NPRM was 

prompted by the FAA’s determination 

that new or more restrictive 

airworthiness limitations are necessary. 

The NPRM proposed to require revising 

the existing maintenance or inspection 

program, as applicable, to incorporate 

new or more restrictive airworthiness 

limitations, as specified in EASA AD 

2021–0209. The airworthiness 

limitations include updating the 

hydraulic monitoring system to include 

additional redundancy, which was a 

separate action in AD 2021–11–23. The 

NPRM also proposed to revise the 

applicability to include different 

airplanes. 

The FAA is issuing this AD to address 

the potential of ignition sources inside 

fuel tanks, which, in combination with 

flammable fuel vapors, could result in a 

fuel tank explosion and consequent loss 

of the airplane. 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 2021–0209 describes new 

or more restrictive airworthiness 

limitations related to fuel tank ignition 

prevention and fuel tank flammability 

reduction. 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 24 airplanes of U.S. registry. The 

FAA estimates the following costs to 

comply with this AD: 

The FAA has determined that revising 

the existing maintenance or inspection 

program takes an average of 90 workhours 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 maintenance or 

inspection program revision to be 

$7,650 (90 work-hours × $85 per workhour). 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by: 

■ a. Removing Airworthiness Directive 

(AD) 2021–11–23, Amendment 39– 

21585 (86 FR 40932, July 30, 2021); and 

■ b. Adding the following new AD: 

2022–01–07 Airbus SAS: Amendment 39– 

21895; Docket No. FAA–2021–0945; 

Project Identifier MCAI–2021–01033–T. 


tkelley on DSK125TN23PROD with RULES1
Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Rules and Regulations 5393 

(a) Effective Date 

This airworthiness directive (AD) is 

effective March 8, 2022. 

(b) Affected ADs 

This AD replaces AD 2021–11–23, 

Amendment 39–21585 (86 FR 40932, July 30, 

2021) (AD 2021–11–23). 

(c) Applicability 

This AD applies 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 June 30, 

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 the potential of ignition 

sources inside fuel tanks, which, in 

combination with flammable fuel vapors, 

could result in a fuel tank explosion and 

consequent loss of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Maintenance or Inspection Program 

Revision 

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 2021–0209, dated 

September 15, 2021 (EASA AD 2021–0209). 

(h) Exceptions to EASA AD 2021–0209 

(1) The requirements specified in 

paragraphs (1) and (2) of EASA AD 2021– 

0209 do not apply to this AD. 

(2) Paragraph (3) of EASA AD 2021–0209 

specifies revising ‘‘the 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 2021– 

0209 within 90 days after the effective date 

of this AD. 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2021–0209 is at the applicable 

‘‘associated thresholds’’ specified in 

paragraph (3) of EASA AD 2021–0209, or 

within 90 days after the effective date of this 

AD, whichever occurs later. 

(4) The provisions specified in paragraphs 

(4) and (5) of EASA AD 2021–0209 do not 

apply to this AD. 

(5) The ‘‘Remarks’’ section of EASA AD 

2021–0209 does not apply to this AD. 

(i) Provisions for Alternative Actions, 

Intervals, and CDCCLs 

After the maintenance or inspection 

program has been revised as required by 

paragraph (g) of this AD, no alternative 

actions (e.g., inspections), intervals, and 

critical design configuration control 

limitations (CDCCLs) are allowed unless they 

are approved as specified in the provisions 

of the ‘‘Ref. Publications’’ section of EASA 

AD 2021–0209. 

(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: 9-AVS-AIR730-AMOC@faa.gov. 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 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 dan.rodina@

faa.gov. 

(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 2021–0209, dated September 15, 

2021. 

(ii) [Reserved] 

(3) For EASA AD 2021–0209, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; 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 

fr.inspection@nara.gov, or go to: https://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on December 23, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–01954 Filed 1–31–22; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

29 CFR Part 2702 

Freedom of Information Act Procedural 

Rules 

AGENCY: Federal Mine Safety and Health 

Review Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Mine Safety and 

Health Review Commission (the 

Commission) is adopting revised rules 

as final rules implementing the Freedom 

of Information Act (FOIA) in light of the 

FOIA Improvement Act of 2016, its 

experience under the rules, the need to 

update its fee schedule, and the need to 

update and clarify a number of its FOIA 

procedures. These revised rules will 

ensure rapid and effective procedures 

for requesting information and 

processing requests under the FOIA. 

The Commission published a notice of 

proposed rulemaking that permitted 

public comment on the rules. The 

Commission has determined that it will 

make two changes to its proposed rules 

in light of comments received and that 

it will adopt those rules as final. 

DATES: 

Effective date: These revised rules are 

effective on March 3, 2022. 


tkelley on DSK125TN23PROD with RULES1