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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2021-1059; Project Identifier MCAI-2021-00797-T; Amendment 39-21958; AD 2022-05-07]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Final rule.
 SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by a report that in the event of a specific discrete wire failure, the landing gear extension and retraction system (LGERS) may not be able to complete landing gear retraction when commanded by moving the landing gear lever to the UP position. This AD requires revising the operator's existing FAA-approved minimum equipment list (MEL) for the LGERS, 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 April 11, 2022. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 11, 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. Examining the AD Docket You may examine the AD docket at 
                    *https://www.regulations.gov*
                     by searching for and locating Docket No. FAA-2021-1059; 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 2021-0161, dated July 6, 2021 (EASA AD 2021-0161) (also referred to as 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 by adding an AD that would apply to all Airbus SAS Model A350-941 and -1041 airplanes. The NPRM was published in the 
                    **Federal Register**
                     on December 17, 2021 (86 FR 71587). The NPRM was prompted by a report that in the event of a specific discrete wire failure, the LGERS may not be able to complete landing gear retraction when commanded by moving the landing gear lever to the UP position. The NPRM proposed to require revising the operator's existing FAA-approved MEL for the LGERS, as specified in EASA AD 2021-0161. 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 2021-0161 describes procedures for revising the LGERS for master minimum equipment list 
                    ( print page 12570)
                    (MMEL) item 32-31-01. 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 19 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. 
                             operators2 work-hours × $85 per hour = $170
$0
$170
$3,230
 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
 2.The FAA amends § 39.13 by adding the following new airworthiness directive: **2022-05-07 Airbus SAS:**
                             Amendment 39-21958; Docket No. FAA-2021-1059; Project Identifier MCAI-2021-00797-T. (a) Effective Date This airworthiness directive (AD) is effective April 11, 2022. (b) Affected ADs None. (c) Applicability This AD applies to all Airbus SAS Model A350-941 and -1041 airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 32, Landing gear. (e) Unsafe Condition This AD was prompted by a report that in the event of a specific discrete wire failure, the landing gear extension and retraction system (LGERS) may not be able to complete landing gear retraction when commanded by moving the landing gear lever to the UP position. The FAA is issuing this AD to address this condition, which, if one engine is inoperative at takeoff, could lead to a reduction of the flight path clearance and possibly result in damage to the airplane and injury to occupants. (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 2021-0161, dated July 6, 2021 (EASA AD 2021-0161). (h) Exceptions to EASA AD 2021-0161 (1) Where EASA AD 2021-0161 refers to its effective date, this AD requires using the effective date of this AD. (2) Whereas paragraph (1) of EASA AD 2021-0161 specifies to “inform all flight crews, and, thereafter, operate the aeroplane accordingly,” this AD does not require those actions as those actions are already required by existing FAA operating regulations. (3) The “Remarks” section of EASA AD 2021-0161 does not apply to this AD. (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-AIR-730-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 
                            ( print page 12571)
                            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 2021-0161, dated July 6, 2021. (ii) [Reserved] (3) For EASA AD 2021-0161, 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/​ibr-locations.html.* Issued on February 17, 2022. Derek Morgan, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service.


[FR Doc. 2022-04666 Filed 3-4-22; 8:45 am] BILLING CODE 4910-13-P