Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 8167 

Issued on January 25, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–03000 Filed 2–11–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0667; Project 

Identifier MCAI–2021–00580–T; Amendment 

39–21931; AD 2022–03–14] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

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 that during type certification 

activity, it was identified that certain 

monitoring software was incorrectly 

implemented in the braking control 

system (BCS) certification standard. 

This AD requires installing (updating) 

certain software for the braking and 

steering system, 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 21, 

2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of March 21, 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 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 

searching for and locating Docket No. 

FAA–2021–0667. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0667; 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 2021–0127, 

dated May 12, 2021 (EASA AD 2021– 

0127) (also referred to as the MCAI), 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 18, 2021 (86 FR 

46164). The NPRM was prompted by a 

report that during type certification 

activity, it was identified that certain 

monitoring software was incorrectly 

implemented in the BCS certification 

standard. The NPRM proposed to 

require installing (updating) certain 

software for the braking and steering 

system, as specified in EASA AD 2021– 

0127. 

The FAA is issuing this AD to address 

in-service limitations related to the 

braking and steering system, which, 

under specific degraded conditions, 

could lead to a reduction in braking 

performance and potentially lead to a 

runway excursion, and result in damage 

to the airplane and injury to passengers. 

See the MCAI for additional background 

information. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received comments from 

Delta Airlines (DAL) and the Air Line 

Pilots Association, International 

(ALPA). ALPA supported the NPRM 

without change. The following presents 

the DAL comments received on the 

NPRM and the FAA’s response to each 

comment. 

Request To Revise the Costs of 

Compliance Paragraph 

DAL requested that the NPRM include 

the labor hours associated with the 

prerequisite service bulletins referenced 

in Airbus Service Bulletin A350–32– 

P037, dated July 30, 2019 (which is 

referenced in EASA AD 2021–0127). 

DAL stated that, depending on airplane 

configuration, the actions in the four 

prerequisite service bulletins may need 

to be done before doing the actions 

specified in referenced Airbus Service 

Bulletin A350–32–P037, dated July 30, 

2019. 

The FAA acknowledges the 

commenter’s request. If an operator 

accomplishes prerequisite service 

information specified in Airbus Service 

Bulletin A350–32–P037, dated July 30, 

2019 (which is referenced in EASA AD 

2021–0127) there is an additional cost to 

those prerequisite service information. It 

is estimated that an operator may incur 

an additional 15 work-hours and up to 

an additional $1,275 in parts cost to 

accomplish the prerequisite service 

information. However, since 

accomplishment of the prerequisite 

service information may not be required 

to accomplish the required actions of 

this AD, these costs may not apply to all 

operators. The FAA has added this 

explanation to the Cost of Compliance 

paragraph in this AD, but not the 

additional costs for accomplishing the 

prerequisite service information. 

Request To Add a Certain AD to 

Paragraph (b) of the Proposed AD 

DAL requested that the FAA add AD 

2017–18–18, Amendment 39–19027 (82 

FR 42579, September 11, 2017) (AD 

2017–18–18) to paragraph (b) of the 

proposed AD (AD 2017–18–18 requires 

repetitive on-ground power cycles to 

reset the internal timer). DAL stated that 

Airbus Service Bulletin A350–42–P010, 

dated August 14, 2018, is a required 

prerequisite for doing the actions in 

Airbus Service Bulletin A350–32–P037, 

dated July 30, 2019 (which is referenced 

in EASA AD 2021–0127), and therefore, 

is a requirement for doing the actions in 

the proposed AD. DAL commented that 

Airbus Service Bulletin A350–42–P010, 

dated August 14, 2018, was approved 

for use in alternative method of 

compliance (AMOC) AIR–676–19–298, 

dated July 22, 2019, for accomplishing 

the requirements in paragraph (g) of AD 

2017–18–18. 


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8168 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 

The FAA disagrees with the request. 

Paragraph (b) of this AD identifies 

superseded or revised ADs, or other ADs 

if the requirements of those ADs are 

affected (i.e., this AD terminates all or 

part of another AD). AD 2017–18–18 

does not meet any of those conditions, 

and therefore, is not considered an 

affected AD. The FAA has not changed 

this AD in this regard. 

Request To Revise the Applicability 

DAL requested that the FAA revise 

the applicability of the proposed AD. 

DAL stated that the applicability should 

be limited to Model A350–941 and 

–1041 airplanes having manufacturer 

serial numbers listed in the applicability 

paragraph of Airbus Service Bulletin 

A350–32–P037, dated July 30, 2019 

(which is referenced in EASA AD 2021– 

0127). DAL commented that the 

applicability needs focus on the finite 

list of manufacturer serial numbers that 

were not produced with the required 

modification. DAL also commented that 

the applicability paragraph specified in 

EASA AD 2021–0127 has an exception 

for airplanes that have embodied Airbus 

modification 114420 in production. 

DAL stated that this logic requires the 

operator to actively verify that the 

actions in EASA AD 2021–0127 have 

been accomplished on every new 

airplane in production. 

The FAA disagrees with revising the 

applicability of this AD. The 

applicability of this AD was coordinated 

with EASA and determined to be 

necessary to address those airplanes 

affected by the unsafe condition. In 

addition, the applicability of an AD 

takes precedence over the effectivity 

listed in any service bulletin. Excluding 

airplanes in the applicability ensures 

that operators make a definitive 

determination of whether an airplane is 

affected. Once an airplane has been 

delivered to an operator, it is the 

operator’s responsibility to ensure 

compliance with the AD actions. The 

FAA has not changed this AD in this 

regard. 

Request To Add an Exception to the 

Proposed AD 

DAL requested that the FAA add an 

exception to paragraph (h) of the 

proposed AD to specify that the 

required for compliance (RC) language 

in paragraph (i)(3) of the proposed AD 

applies to paragraphs 3.C. and 3.E. of 

the Accomplishment Instructions of 

Airbus Service Bulletin A350–32–P037, 

dated July 30, 2019 (which is referenced 

in EASA AD 2021–0127). DAL stated 

that testing the airplane to verify if the 

correct software is installed as specified 

in paragraph 3.E. of the 

Accomplishment Instructions of Airbus 

Service Bulletin A350–32–P037, dated 

July 30, 2019, meets the intended level 

of safety in the proposed AD. 

DAL also requested that paragraphs 

3.A., 3.B., 3.D., 3.F., and 3.G of the 

Accomplishment Instructions of Airbus 

Service Bulletin A350–32–P037, dated 

July 30, 2019, not be included as RC. 

DAL stated that these paragraphs are not 

required to establish the intended level 

of safety in the proposed AD. DAL 

commented that no paragraphs in the 

service bulletin were identified as RC. 

The FAA agrees to add an exception 

to paragraph (h)(3) of this AD for the 

reasons provided above. The FAA has 

revised paragraph (h) of this AD to 

specify that only paragraphs 3.C. and 

3.E. of the Accomplishment Instructions 

of Airbus Service Bulletin A350–32– 

P037, dated July 30, 2019, must be 

accomplished if Airbus Service Bulletin 

A350–32–P037, dated July 30, 2019, is 

used for the modification required by 

EASA AD 2021–0127. 

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, and any 

other changes described previously, 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 2021–0127 describes 

procedures for installing (updating) 

serviceable software for the braking and 

steering system. Serviceable software 

includes BCS software (SW) standard 

(STD) S5B, wheel steering control 

system (WSCS) SW STD S5B, and 

landing gear extension and retraction 

system (LGERS) SW STD S5A. 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 * 

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

operators 

Up to 4 work-hours × $85 per hour = Up to $340 .......... Up to $1,650 ...................... Up to $1,990 ...................... Up to $33,830. 

* If an operator accomplishes prerequisite service information specified in Airbus Service Bulletin A350–32–P037, dated July 30, 2019 (which is 

referenced in EASA AD 2021–0127) there is an additional cost to those prerequisite service information. 

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 

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 


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Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 8169 

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 adding 

the following new airworthiness 

directive: 

2022–03–14 Airbus SAS: Amendment 39– 

21931; Docket No. FAA–2021–0667; 

Project Identifier MCAI–2021–00580–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective March 21, 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 

2021–0127, dated May 12, 2021 (EASA AD 

2021–0127). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 32, Landing gear. 

(e) Reason 

This AD was prompted by a report that 

during type certification activity, it was 

identified that certain monitoring software 

was incorrectly implemented in the braking 

control system (BCS) certification standard. 

The FAA is issuing this AD to address inservice limitations related to the braking and 

steering system, which, under specific 

degraded conditions, could lead to a 

reduction in braking performance and 

potentially lead to a runway excursion, and 

result in damage to the airplane and injury 

to passengers. 

(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 2021–0127. 

(h) Exceptions to EASA AD 2021–0127 

(1) Where EASA AD 2021–0127 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

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

2021–0127 does not apply to this AD. 

(3) Where EASA AD 2021–0127 requires 

modifying the airplanes and specifies the 

modification ‘‘can be accomplished in 

accordance with the instructions of the SB,’’ 

for this AD, replace the text ‘‘the instructions 

of the SB’’ with ‘‘paragraphs 3.C. and 3.E. of 

the Accomplishment Instructions of the SB.’’ 

(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 2021–0127, dated May 12, 2021. 

(ii) [Reserved] 

(3) For EASA AD 2021–0127, 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 January 25, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–02995 Filed 2–11–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0845; Project 

Identifier MCAI–2021–00651–T; Amendment 

39–21929; AD 2022–03–12] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Airbus SAS Model A330–200, –300, 

–800, and –900 series airplanes; and 

Model A340–200, –300, –500, and –600 


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