[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7710-7712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02756]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0657; Project Identifier MCAI-2021-00478-T; 
Amendment 39-21927; AD 2022-03-10]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), 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 -1041 airplanes. This AD was 
prompted by a report indicating that during maintenance, a fuse pin 
retaining the main landing gear support structure (MLGSS) was found 
incorrectly engaged in the trunnion block and improperly secured with 
the associated retaining pin, due to incorrect installation during 
assembly. This AD requires inspecting the fuse pins and associated 
retaining pins of the MLGSS for such discrepancies, and corrective 
action 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 March 17, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 17, 
2022.

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 <a href="/cdn-cgi/l/email-protection#a6e7e2d5e6c3c7d5c788c3d3d4c9d6c788c3d3"><span class="__cf_email__" data-cfemail="59181d2a193c382a38773c2c2b362938773c2c">[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 and locating Docket No. FAA-2021-0657.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0657; 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 
<a href="/cdn-cgi/l/email-protection#1b7572787374777a68356c72776874755b7d7a7a357c746d"><span class="__cf_email__" data-cfemail="7c12151f1413101d0f520b15100f13123c1a1d1d521b130a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0112, dated April 22, 2021 
(EASA AD 2021-0112), to correct an unsafe condition for certain Airbus 
SAS Model A350-941 and -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 -1041 airplanes. The NPRM published in the Federal 
Register on August 12, 2021 (86 FR 44319). The NPRM was prompted by a 
report indicating that during maintenance, a fuse pin retaining the 
MLGSS was found incorrectly engaged in the trunnion block and 
improperly secured with the associated retaining pin; this was due to 
incorrect installation during assembly. The NPRM proposed to require 
inspecting the fuse pins and associated retaining pins of the MLGSS for 
such discrepancies, and corrective action if necessary, as specified in 
EASA AD 2021-0112.
    The FAA is issuing this AD to address incorrect fuse pin 
installations, which could lead to premature failure of the retaining 
pin and subsequent fuse pin migration and disconnection, and could 
ultimately lead to main landing gear collapse and possible damage to 
the airplane. See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.
    The FAA received additional comments from Delta Air Lines (DAL). 
The following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Define an Affected Part

    DAL asked that the proposed AD include a statement that an 
``affected part'' includes parts that are improperly engaged or 
incorrectly secured. DAL stated that the purpose of the inspection in 
EASA AD 2021-0112 is to inspect the affected parts for any discrepant 
conditions, in accordance with the instructions specified in Airbus 
Alert Operations Transmission (AOT) A57P016-21, dated April 1, 2021, 
which includes any incorrectly installed or missing trunnion block fuse 
pins for applicable Airbus SAS Model A350-941 and -1041 airplanes. DAL 
added that if,

[[Page 7711]]

during accomplishment of this AOT, no discrepant conditions are found, 
then no further action is required. DAL noted that the MCAI's 
definition of ``affected part'' implies that the area will become an 
AD-related area for the rest of the life of the aircraft. Delta stated 
that it has added ``AD affected no deviations'' language to all AD-
related aircraft maintenance manual (AMM) and illustrated parts catalog 
(IPC) areas. However, if there are no findings during the inspection, 
the area should revert back to a normal post-production non-AD area, 
and the language should not be added to the related AMM and IPC at 
every revision for the life of the aircraft.
    The FAA does not agree with the commenter's request to refine the 
MCAI's definition of an affected part because this AD requires a one-
time inspection only and that action is not effective for the life of 
the airplane. Correctly installed parts do not continue to be affected 
parts. Therefore, the FAA has not changed this AD in this regard.

Request To Clarify ICA Requirement

    DAL asked that the proposed AD clarify that the instructions for 
continued airworthiness (ICAs) are required per Section E of the repair 
instructions specified in Airbus AOT A57P016-21, dated April 1, 2021. 
DAL stated that per the inspection instructions detailed in the AOT, if 
there is a discrepant condition found during accomplishment of the 
inspection, all operators are to follow the referenced repair 
instructions to replace all six fuse pins within the trunnion block of 
the MLGSS. DAL noted that after the repair is accomplished, the ICAs 
require again inspecting the trunnion block for damage and replacing 
all six fuse pins at 14,400 flight cycles or 60,000 flight hours (in 
contrast to the current life limit for the fuse pins of 36,000 flight 
cycles or 150,000 flight hours).
    The FAA acknowledges the commenter's request to clarify whether the 
ICA requirements in Section E of the repair instructions are required 
by this AD. In certain circumstances, the NPRM proposed corrective 
actions that include repair instructions for Model A350-900 airplanes 
(R57V-40112) and Model A350-1000 airplanes (R57V-40113), as specified 
in RC (required for compliance) paragraph 4.2.3 of Airbus AOT A57P016-
21, dated April 1, 2021. However, the NPRM, EASA AD 2021-0112, and AOT 
did not expressly state what revision level of the repair instructions 
are mandatory. ICA requirements were added to a later revision of the 
repair instructions. By not mandating a specific revision of the repair 
instructions, operators can use any revision level to satisfy the 
requirements of this AD. Whichever revision level an operator chooses, 
the operator must use that revision level in its entirety. The FAA 
encourages affected operators to utilize the most current ICA for their 
respective aircraft condition. No changes have been made to this AD in 
this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
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 2021-0112 describes procedures for a detailed inspection 
for discrepancies (missing or migrated fuse pins, and fuse pins 
improperly secured with the associated retaining pin) in the left- and 
right-hand sides of the MLGSS trunnion block. The service information 
also describes procedures for corrective action (including replacement 
of discrepant fuse pins and the main landing gear forward pintle 
assembly). 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 17 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
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85           $1,445
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
                Labor cost                          Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 30 work-hours x $85 per hour = Up    Up to $4,410................  Up to $6,960.
 to $2,550.
----------------------------------------------------------------------------------------------------------------

    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 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

[[Page 7712]]

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 adding the following new airworthiness 
directive:

2022-03-10 Airbus SAS: Amendment 39-21927; Docket No. FAA-2021-0657; 
Project Identifier MCAI-2021-00478-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 17, 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 2021-0112, dated April 22, 
2021 (EASA AD 2021-0112).

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a report indicating that during 
maintenance, a fuse pin retaining the main landing gear support 
structure (MLGSS) was found incorrectly engaged in the trunnion 
block and improperly secured with the associated retaining pin, due 
to incorrect installation during assembly. The FAA is issuing this 
AD to address incorrect fuse pin installations, which could lead to 
premature failure of the retaining pin and subsequent fuse pin 
migration and disconnection, and could ultimately lead to main 
landing gear collapse and possible damage to 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 2021-0112.

(h) Exceptions to EASA AD 2021-0112

    (1) Where EASA AD 2021-0112 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (3) of EASA AD 2021-0112 specifies 
contacting Airbus for approved instructions for corrective actions 
for certain conditions, those corrective actions must be done using 
a method approved in accordance with the procedures specified in 
paragraph (j)(2) of this AD.
    (3) The ``Remarks'' section of EASA AD 2021-0112 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0112 
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#477e6a0611146a060e156a7074776a060a08040721262669202831"><span class="__cf_email__" data-cfemail="0c35214d5a5f214d455e213b3f3c214d41434f4c6a6d6d226b637a">[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): 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 <a href="/cdn-cgi/l/email-protection#7a1413191215161b09540d13160915143a1c1b1b541d150c"><span class="__cf_email__" data-cfemail="6c02050f0403000d1f421b05001f03022c0a0d0d420b031a">[email protected]</span></a>.

(l) 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 2021-0112, 
dated April 22, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0112, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#0445407744616577652a6171766b74652a6171"><span class="__cf_email__" data-cfemail="1554516655707466743b7060677a65743b7060">[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.
    (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 
<a href="/cdn-cgi/l/email-protection#6006124e090e1310050314090f0e200e0112014e070f16"><span class="__cf_email__" data-cfemail="1e786c3077706d6e7b7d6a7771705e707f6c7f30797168">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 21, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-02756 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P


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