Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 7765 

information and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this notification of a 

webinar and availability of preliminary 

technical support document. 

Signing Authority 

This document of the Department of 

Energy was signed on February 3, 2022, 

by Kelly J. Speakes-Backman, Principal 

Deputy Assistant Secretary for 

Efficiency and Renewable Energy, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on February 4, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–02719 Filed 2–9–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0098; Project 

Identifier MCAI–2021–01084–T] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Airbus SAS Model A350–941 

and –1041 airplanes. This proposed AD 

was prompted by a report indicating 

that on the A350 final assembly line 

(FAL), certain load sensing drive struts 

(LSDS) and drive struts (DS) were found 

not adjusted (the nut was not torqued) 

and not locked. Investigation revealed 

that the LSDS and DS had been changed 

as re-work action due to pre-installation 

damage, but production operations 

(adjustment and locking) were not done 

afterwards. This proposed AD would 

require, for certain airplanes, inspection 

of the LSDS for correct adjustment and 

locking, and replacement if necessary, 

and, for certain other airplanes, 

replacement of each affected DS with a 

serviceable part, as specified in a 

European Union Aviation Safety Agency 

(EASA) AD, which is proposed for 

incorporation by reference. 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 March 28, 2022. 

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 

https://www.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. 

For material that will be incorporated 

by reference (IBR) in this AD, 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 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 at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0098. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0098; 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. 

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: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2022–0098; Project Identifier 

MCAI–2021–01084–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 https://

www.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 Dan Rodina, 

Aerospace Engineer, Large Aircraft 

Section, International Validation 

Branch, FAA, 2200 South 216th St., Des 

Moines, WA 98198; telephone and fax 


jspears on DSK121TN23PROD with PROPOSALS1
7766 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 

206–231–3225; email dan.rodina@

faa.gov. Any commentary that the FAA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2021–0220, 

dated October 1, 2021 (EASA AD 2021– 

0220), to correct an unsafe condition for 

certain Airbus SAS Model A350–941 

and –1041 airplanes. 

This proposed AD was prompted by 

a report indicating that on the A350 

FAL, LSDS track 1 and DS track 2 were 

found not adjusted (the nut was not 

torqued) and not locked. Investigation 

revealed that the LSDS and DS had been 

changed as re-work action due to preinstallation damage, but production 

operations (adjustment and locking) 

were not done afterwards. The FAA is 

proposing this AD to prevent 

degradation of the load-carrying 

capability of an LSDS or DS, which 

could result in the in-flight detachment 

of a flap, resulting in structural damage 

and reduced controllability of the 

airplane. See the MCAI for additional 

background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2021–0220 describes 

procedures for a detailed inspection of 

the LSDS for correct adjustment and 

locking, and replacement of the LSDS if 

any discrepancy (movement of either 

nut) is found, for airplanes in 

Configurations 1 through 4. The service 

information also describes procedures 

for replacement of each affected DS with 

a serviceable part, for airplanes in 

Configurations 5 and 6. 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 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the State 

of Design Authority, the FAA has been 

notified of the unsafe condition 

described in the MCAI referenced 

above. The FAA is proposing this AD 

because the FAA evaluated all the 

relevant information and determined 

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 2021–0220 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 2021–0220 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2021–0220 

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 2021–0220 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 2021–0220. 

Service information required by EASA 

AD 2021–0220 for compliance will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2022–0098 after the FAA final 

rule is published. 

Costs of Compliance 

The FAA estimates that this proposed 

AD affects 6 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this proposed AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per product Cost on U.S. operators 

LSDS inspection: Up to 14 work-hours × $85 per hour = 

Up to $1,190.

$0 ....................................... $Up to $1,190 .................... Up to $7,140 (6 airplanes). 

DS replacement: Up to 11 work-hours × $85 per hour = 

Up to $935.

$Up to 84,470 .................... Up to $85,405 .................... Up to $85,405 (1 airplane). 

The FAA estimates the following 

costs to do any necessary on-condition 

LSDS replacement 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 

replacement: 

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Labor cost Parts cost Cost per product 

Up to 10 work-hours (2 per LSDS) × $85 per hour = Up to $850 ................................................................. Up to $76,173 .... Up to $77,023. 

According to the manufacturer, some 

or all of the costs of this proposed AD 

may be covered under warranty, thereby 

reducing the cost impact on affected 

individuals. The FAA does not control 

warranty coverage for affected 

individuals. 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. 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 7767 

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 

■ 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 adding 

the following new airworthiness 

directive: 

Airbus SAS: Docket No. FAA–2022–0098; 

Project Identifier MCAI–2021–01084–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by March 28, 

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 

2021–0220, dated October 1, 2021 (EASA AD 

2021–0220). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 27, Flight Controls. 

(e) Unsafe Condition 

This AD was prompted by a report 

indicating that on the A350 final assembly 

line (FAL), certain load sensing drive struts 

(LSDS) and drive struts (DS) were found not 

adjusted (the nut was not torqued) and not 

locked. Investigation revealed that the LSDS 

and DS had been changed as re-work action 

due to pre-installation damage, but 

production operations (adjustment and 

locking) were not done afterwards. The FAA 

is issuing this AD to prevent degradation of 

the load-carrying capability of an LSDS or 

DS, which could result in the in-flight 

detachment of a flap, resulting in structural 

damage and 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 2021–0220. 

(h) Exceptions to EASA AD 2021–0220 

(1) Where EASA AD 2021–0220 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) Where paragraph (2) of EASA AD 2021– 

0220 refers to a ‘‘discrepancy, as defined in 

the SB,’’ this AD defines a discrepancy as 

movement of either nut. 

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

2021–0220 does not apply to this AD. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2021–0220 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) 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 (k)(2) 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): 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 

(1) For information about EASA AD 2021– 

0220 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. 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–2022–0098. 

(2) 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. 

Issued on February 4, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–02723 Filed 2–9–22; 8:45 am] 

BILLING CODE 4910–13–P 


jspears on DSK121TN23PROD with PROPOSALS1