[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Rules and Regulations]
[Pages 9429-9432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03633]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1006; Project Identifier MCAI-2021-00700-T; 
Amendment 39-21940; AD 2022-03-22]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

[[Page 9430]]


ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-26-
01, which applied to certain Airbus SAS Model A350-941 and -1041 
airplanes. AD 2019-26-01 required repetitive detailed inspections, and 
applicable corrective actions, and provided an optional modification 
that terminated the inspections. Since the FAA issued AD 2019-26-01, a 
determination was made that a related production modification was not 
properly installed on certain airplanes. This AD retains the 
requirements of AD 2019-26-01, and, for certain airplanes, adds a one-
time detailed inspection of the modification for proper installation, 
and applicable corrective 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 March 29, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 29, 
2022.

ADDRESSES: For the 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#2564615665404456440b4050574a55440b4050"><span class="__cf_email__" data-cfemail="1150556251747062703f7464637e61703f7464">[email protected]</span></a>; internet 
www.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-2021-1006.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1006; 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, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225; email 
<a href="/cdn-cgi/l/email-protection#4b2f2a256539242f22252a0b2d2a2a652c243d"><span class="__cf_email__" data-cfemail="bdd9dcd393cfd2d9d4d3dcfddbdcdc93dad2cb">[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 2021-0141, dated June 15, 2021 (EASA 
AD 2021-0141) (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 to supersede AD 2019-26-01, Amendment 39-21023 (85 FR 4199, 
January 24, 2020) (AD 2019-26-01). AD 2019-26-01 applied to certain 
Airbus SAS Model A350-941 and -1041 airplanes. The NPRM published in 
the Federal Register on November 18, 2021 (86 FR 64416). The NPRM was 
prompted by reports of sealant bead damage caused by rotation of the 
attachment fitting bearing assembly of a trimmable horizontal 
stabilizer (THS) and a determination that a related production 
modification was not properly installed on certain airplanes. The NPRM 
proposed to retain the requirements of AD 2019-26-01, and, for certain 
airplanes, proposed to add a one-time detailed inspection of the 
modification for proper installation, and applicable corrective actions 
if necessary, as specified in EASA AD 2021-0141.
    The FAA is issuing this AD to address possible water ingress due to 
sealant bead damage, which could result in corrosion damage in the 
aluminum corner fitting. This condition, if not addressed, could lead 
to detachment and loss of the THS, possibly resulting in loss of 
control of the airplane and injury to persons on the ground. 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 2021-0141 describes procedures for repetitive detailed 
inspections for damage of the fillet sealant and corrosion on aluminum 
in the lower and upper corner fittings and bearing assembly attachment 
interface at frame (FR) 102, left-hand and right-hand sides, and an 
optional modification (application of new corrosion protection in the 
THS upper and lower attachment fitting bearing assembly) that would 
eliminate the need for the repetitive inspections. EASA AD 2021-0141 
also describes procedures for a one-time detailed inspection of the 
modification of the lower and upper corner fittings and bearing 
assembly attachment interface at FR 102, left-hand and right-hand sides 
(Airbus production modification 113102) for discrepancies (including 
missing sealant bead, cracks in the sealant bead, and corrosion on the 
affected bearing zone) and corrective actions (including, but not 
limited to, a check for grease, a check for cracks in the sealant bead, 
applying sealant, torqueing the bearing nut, inspecting for corrosion 
on the affected bearing zone, applying corrosion preventative compound 
and actions to address missing grease and corrosion). 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 15 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 9431]]



                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD                30 work-hours x $85 per               $0          $2,550         $38,250
 2019[dash]26[dash]01.                   hour = $2,550.
New actions...........................  32 work-hours x $85 per                0           2,720          40,800
                                         hour = $2,720.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that enables the agency to 
provide cost estimates for the corrective actions (including repair) 
specified in this AD.

                   Estimated Costs of Optional Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
34 work-hours x $85 per hour = $2,890.              $0           $2,890
------------------------------------------------------------------------

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

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:
0
a. Removing Airworthiness Directive (AD) 2019-26-01, Amendment 39-21023 
(85 FR 4199, January 24, 2020); and
0
b. Adding the following new AD:

2022-03-22 Airbus SAS: Amendment 39-21940; Docket No. FAA-2021-1006; 
Project Identifier MCAI-2021-00700-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 29, 2022.

(b) Affected ADs

    This AD replaces AD 2019-26-01, Amendment 39-21023 (85 FR 4199, 
January 24, 2020) (AD 2019-26-01).

(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 2021-0141, dated June 15, 
2021 (EASA AD 2021-0141).

(d) Subject

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

(e) Reason

    This AD was prompted by reports of sealant bead damage caused by 
rotation of the attachment fitting bearing assembly of a trimmable 
horizontal stabilizer (THS) and a determination that a related 
production modification was not properly installed on certain 
airplanes. The FAA is issuing this AD to address possible water 
ingress due to sealant bead damage, which could result in corrosion 
damage in the aluminum corner fitting. This condition, if not 
addressed, could lead to detachment and loss of the THS, possibly 
resulting in loss of control of the airplane and injury to persons 
on the ground.

(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 2021-0141.

(h) Exceptions to EASA AD 2021-0141

    (1) Where EASA AD 2021-0141 refers to February 21, 2018 (the 
effective date of EASA AD 2018-0037), this AD requires using 
February 28, 2020 (the effective date of FAA AD 2019-26-01).
    (2) Where EASA AD 2021-0141 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) The ``Remarks'' section of EASA AD 2021-0141 does not apply 
to this AD.

(i) 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

[[Page 9432]]

identified in paragraph (j) of this AD. Information may be emailed 
to: <a href="/cdn-cgi/l/email-protection#e4ddc9a5b2b7c9a5adb6c9d3d7d4c9a5a9aba7a4828585ca838b92"><span class="__cf_email__" data-cfemail="536a7e1205007e121a017e6460637e121e1c10133532327d343c25">[email protected]</span></a>.
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2019-26-01 are approved as 
AMOCs for the corresponding provisions of EASA AD 2021-0141 that are 
required by paragraph (g) of this AD.
    (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): For any service information 
referenced in EASA AD 2021-0141 that contains RC procedures and 
tests: Except as required by paragraph (i)(2) of this AD, RC 
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, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3225; email <a href="/cdn-cgi/l/email-protection#7216131c5c001d161b1c13321413135c151d04"><span class="__cf_email__" data-cfemail="4420252a6a362b202d2a25042225256a232b32">[email protected]</span></a>.

(k) 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 2021-0141, 
dated June 15, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0141, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#b4f5f0c7f4d1d5c7d59ad1c1c6dbc4d59ad1c1"><span class="__cf_email__" data-cfemail="adece9deedc8ccdecc83c8d8dfc2ddcc83c8d8">[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#583e2a7631362b283d3b2c3137361836392a39763f372e"><span class="__cf_email__" data-cfemail="4026326e292e3330252334292f2e002e2132216e272f36">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 28, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-03633 Filed 2-18-22; 8:45 am]
BILLING CODE 4910-13-P


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