[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Proposed Rules]
[Pages 22816-22818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08219]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / 
Proposed Rules

[[Page 22816]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0464; Project Identifier MCAI-2021-01290-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD 
was prompted by a report of inadvertent auto flight system (AFS) 
altitude changes on the flight control unit (FCU). This proposed AD 
would require revising the existing airplane flight manual (AFM) to 
include a procedure on the use of the AFS control panel ALT knob and 
replacing any affected FCU with a serviceable FCU, as specified in a 
European Union Aviation Safety Agency (EASA), which is proposed for 
incorporation by reference. This proposed AD would also prohibit the 
installation of affected parts. The FAA is proposing this AD to address 
the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 2, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be 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#68292c1b280d091b09460d1d1a071809460d1d"><span class="__cf_email__" data-cfemail="6d2c291e2d080c1e0c4308181f021d0c430818">[email protected]</span></a>; internet 
www.easa.europa.eu. You may find this 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-2022-0464.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0464; 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 NPRM, the 
mandatory continuing airworthiness information (MCAI), any comments 
received, and other information. The street address for Docket 
Operations is listed above.

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#690d0807471b060d000708290f0808470e061f"><span class="__cf_email__" data-cfemail="f094919ede829f94999e91b0969191de979f86">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-0464; Project Identifier 
MCAI-2021-01290-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 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#66020708481409020f08072600070748010910"><span class="__cf_email__" data-cfemail="f591949bdb879a919c9b94b5939494db929a83">[email protected]</span></a>. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0260, dated November 18, 2021 
(EASA AD 2021-0260) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes. 
This proposed AD was prompted by a report of inadvertent AFS altitude 
changes on the FCU; an investigation revealed that, depending on the 
ring selection, failure of the ALT knob on the FCU could change the 
target altitude, by either by 100 or 1,000 feet. The erroneous altitude 
shows in the AFS cockpit panel display and in the primary flight 
display of the FCU, but the flightcrew might not notice. Further 
investigation revealed that the cause was an incorrect manufacturing

[[Page 22817]]

process of the ALT knob encoder. The FAA is proposing this AD to 
address erroneous target altitude during descent, climb, or go-around, 
which could result in an unexpected vertical trajectory deviation and 
loss of correct situational awareness that could potentially result in 
uncontrolled impact with the ground. See the MCAI for additional 
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0260 describes procedures for revising the existing 
AFM to include a procedure on the use of the AFS control panel ALT knob 
and replacing any affected FCU having part numbers (P/N) C31006AC01 or 
C31006AB01 with a serviceable FCU having P/N C31006AD01. 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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with the State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0260 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
This proposed AD would also prohibit the installation of affected 
parts.
    EASA AD 2021-0260 requires operators to ``inform all flight crews'' 
of revisions to the AFM, and thereafter to ``operate the aeroplane 
accordingly.'' However, this proposed AD would not specifically require 
those actions as those actions are already required by FAA regulations. 
FAA regulations require operators furnish to pilots any changes to the 
AFM (for example, 14 CFR 121.137), and to ensure the pilots are 
familiar with the AFM (for example, 14 CFR 91.505). As with any other 
flightcrew training requirement, training on the updated AFM content is 
tracked by the operators and recorded in each pilot's training record, 
which is available for the FAA to review. FAA regulations also require 
pilots to follow the procedures in the existing AFM including all 
updates. 14 CFR 91.9 requires that any person operating a civil 
aircraft must comply with the operating limitations specified in the 
AFM. Therefore, including a requirement in this proposed AD to operate 
the airplane according to the revised AFM would be redundant and 
unnecessary.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2021-0260 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0260 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2021-0260 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0260. Service information required by EASA AD 2021-0260 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0464 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 27 airplanes 
of U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
            Labor cost                Parts cost           Cost per product            Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 6 work-hours x $85 per hour          $27,000  Up to $27,510................  Up to $742,770.
 = $510.
----------------------------------------------------------------------------------------------------------------

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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

[[Page 22818]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Airbus SAS: Docket No. FAA-2022-0464; Project Identifier MCAI-2021-
01290-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 2, 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 22, Auto Flight.

(e) Unsafe Condition

    This AD was prompted by a report of inadvertent auto flight 
system (AFS) altitude changes on the flight control unit (FCU); an 
investigation revealed that, depending on the ring selection, 
failure of the ALT knob on the FCU could change the target altitude. 
The FAA is issuing this AD to address erroneous target altitude 
during descent, climb, or go-around, which could result in an 
unexpected vertical trajectory deviation and loss of correct 
situational awareness that could potentially result in uncontrolled 
impact with 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, European Union Aviation Safety Agency (EASA) AD 
2021-0260, dated November 18, 2021 (EASA AD 2021-0260).

(h) Exceptions to EASA AD 2021-0260

    (1) Where EASA AD 2021-0260 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2021-0260 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 2021-0260 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)(2) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#88b1a5c9dedba5c9c1daa5bfbbb8a5c9c5c7cbc8eee9e9a6efe7fe"><span class="__cf_email__" data-cfemail="a49d89e5f2f789e5edf68993979489e5e9ebe7e4c2c5c58ac3cbd2">[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.

(j) Related Information

    (1) For information about EASA AD 2021-0260, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#81c0c5f2c1e4e0f2e0afe4f4f3eef1e0afe4f4"><span class="__cf_email__" data-cfemail="1e5f5a6d5e7b7f6d7f307b6b6c716e7f307b6b">[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. 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-
2022-0464.
    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3225; email <a href="/cdn-cgi/l/email-protection#9afefbf4b4e8f5fef3f4fbdafcfbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="3054515e1e425f54595e51705651511e575f46">[email protected]</span></a>.

    Issued on April 11, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-08219 Filed 4-15-22; 8:45 am]
BILLING CODE 4910-13-P


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