[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42694-42696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16560]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0343; Project Identifier MCAI-2021-00013-T; 
Amendment 39-21655; AD 2021-15-08]
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 all 
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by 
a report that during an inspection of the flight deck escape hatches it 
was found that they were difficult to open from the inside, and several 
hatches were found impossible to open from the outside. Subsequent 
investigation revealed corrosion on the flight deck escape hatch 
mechanism due to condensation penetrating inside the mechanism. This AD 
requires replacing all affected flight deck escape hatches with 
serviceable hatches, 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 September 9, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 9, 
2021.

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#dc9d98af9cb9bdafbdf2b9a9aeb3acbdf2b9a9"><span class="__cf_email__" data-cfemail="2263665162474351430c4757504d52430c4757">[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-2021-0343.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0343; 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, 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: Kathleen Arrigotti, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email <a href="/cdn-cgi/l/email-protection#3c575d485450595952125d4e4e555b534848557c5a5d5d125b534a"><span class="__cf_email__" data-cfemail="462d27322e2a232328682734342f212932322f0620272768212930">[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 2021-0004, dated January 6, 2021 
(EASA AD 2021-0004) (also referred to as the Mandatory Continuing 
Airworthiness Information, or 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 published in the Federal 
Register on May 7, 2021 (86 FR 24549). The NPRM was prompted by a 
report that during an inspection of the flight deck escape hatches it 
was found that they were difficult to open from the inside, and several 
hatches were found impossible to open from the outside. Subsequent 
investigation revealed corrosion on the flight deck escape hatch 
mechanism due to condensation penetrating inside the mechanism. The 
NPRM proposed to require replacing all affected flight deck escape 
hatches with serviceable hatches, as specified in EASA AD 2021-0004.
    The FAA is issuing this AD to address possible inaccessibility of 
the flight deck escape hatch, which could impede flightcrew evacuation 
during an emergency. See the MCAI for additional background 
information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The Air Line Pilots Association, 
International (ALPA) indicated its support for the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0004 describes procedures for replacing all affected 
flight deck escape hatches with serviceable flight deck escape hatches.
    This material is reasonably available because the interested 
parties have access to it through their normal course

[[Page 42695]]

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:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340...........................         $55,390          $55,730         $835,950
----------------------------------------------------------------------------------------------------------------

    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 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.

Adoption of 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:

2021-15-08 Airbus SAS: Amendment 39-21655; Docket No. FAA-2021-0343; 
Project Identifier MCAI-2021-00013-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 9, 
2021.

(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 52, Doors.

(e) Reason

    This AD was prompted by a report that during an inspection of 
the flight deck escape hatches it was found that they were difficult 
to open from the inside, and several hatches were found impossible 
to open from the outside. Subsequent investigation revealed 
corrosion on the flight deck escape hatch mechanism due to 
condensation penetrating inside the mechanism. The FAA is issuing 
this AD to address possible inaccessibility of the flight deck 
escape hatch, which could impede flightcrew evacuation during an 
emergency.

(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, European Union Aviation Safety Agency (EASA) AD 
2021-0004, dated January 6, 2021 (EASA AD 2021-0004).

(h) Exceptions to EASA AD 2021-0004

    (1) Where EASA AD 2021-0004 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0004 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 identified in paragraph (j) of this 
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#7b42563a2d28563a3229564c484b563a3634383b1d1a1a551c140d"><span class="__cf_email__" data-cfemail="a89185e9fefb85e9e1fa859f9b9885e9e5e7ebe8cec9c986cfc7de">[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): For any service information 
referenced in EASA AD 2020-0144 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

[[Page 42696]]

changes to procedures or tests identified as RC require approval of 
an AMOC.

(j) Related Information

    For more information about this AD, contact Kathleen Arrigotti, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3218; email <a href="/cdn-cgi/l/email-protection#9bf0faeff3f7fefef5b5fae9e9f2fcf4efeff2dbfdfafab5fcf4ed"><span class="__cf_email__" data-cfemail="90fbf1e4f8fcf5f5febef1e2e2f9f7ffe4e4f9d0f6f1f1bef7ffe6">[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 2021-0004, 
dated January 6, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0004, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#4c0d083f0c292d3f2d6229393e233c2d622939"><span class="__cf_email__" data-cfemail="8dccc9fecde8ecfeeca3e8f8ffe2fdeca3e8f8">[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. 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-2021-0343.
    (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#c9afacadbbacaee7a5acaea8a589a7a8bba8e7aea6bf"><span class="__cf_email__" data-cfemail="751310110710125b1910121419351b1407145b121a03">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 14, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-16560 Filed 8-4-21; 8:45 am]
BILLING CODE 4910-13-P


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