[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Rules and Regulations]
[Pages 29030-29033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10140]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0087; Project Identifier MCAI-2021-01025-T; 
Amendment 39-22023; AD 2022-09-03]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-21-
06, which applied to certain Airbus SAS Model A350-941 and -1041 
airplanes. AD 2020-21-06 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. Since the FAA issued AD 2020-21-
06, the FAA has determined that new or more restrictive airworthiness 
limitations are necessary. This AD retains the requirements of AD 2020-
21-06 and requires revising the applicability by adding airplanes. This 
AD also requires revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations, 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 June 16, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 16, 
2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
November 18, 2020 (85 FR 64961, October 14, 2020).

ADDRESSES: For 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#1253566152777361733c7767607d62733c7767"><span class="__cf_email__" data-cfemail="c8898cbb88ada9bba9e6adbdbaa7b8a9e6adbd">[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 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-2022-0087.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0087; 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, FAA, International Validation Branch, 2200 South 
216th St., Des Moines, WA 98198; telephone

[[Page 29031]]

and fax 206-231-3225; email <a href="/cdn-cgi/l/email-protection#98fcf9f6b6eaf7fcf1f6f9d8fef9f9b6fff7ee"><span class="__cf_email__" data-cfemail="2044414e0e524f44494e41604641410e474f56">[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 2021-0206, dated September 15, 2021 
(EASA AD 2021-0206) (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. Airplanes with 
an original airworthiness certificate or original export certificate of 
airworthiness issued after June 30, 2021, must comply with the 
airworthiness limitations specified as part of the approved type design 
and referenced on the type certificate data sheet; this AD therefore 
does not include those airplanes in the applicability. EASA AD 2021-
0206 supersedes EASA AD 2020-0091, dated April 22, 2020 (EASA AD 2020-
0091).
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-21-06, Amendment 39-21279 (85 FR 
64961, October 14, 2020) (AD 2020-21-06). AD 2020-21-06 applied to 
certain Airbus SAS Model A350-941 and -1041 airplanes. The NPRM 
published in the Federal Register on February 7, 2022 (87 FR 6798). The 
NPRM was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. The NPRM proposed to continue 
to require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations, as specified in EASA AD 2020-0091. The NPRM also proposed 
to require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations, as specified in EASA AD 2021-0206. The NPRM also proposed 
to revise the applicability by adding airplanes. Accomplishing the new 
maintenance or inspection program revision specified in paragraph (j) 
of this AD terminates the retained maintenance or inspection program 
revision specified in paragraph (g) of this AD.
    The FAA is issuing this AD to address the potential failure of 
certain life-limited parts, which could result in reduced structural 
integrity of the airplane. See the MCAI for additional background 
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from 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 2021-0206 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD also requires EASA AD 2020-0091, dated April 22, 2020, 
which the Director of the Federal Register approved for incorporation 
by reference as of November 18, 2020 (85 FR 64961, October 14, 2020).
    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 24 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2020-21-06 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate.
    The FAA estimates the total cost per operator for the new actions 
to be $7,650 (90 work-hours x $85 per work-hour).

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) 2020-21-06, Amendment 39-21279 
(85 FR 64961, October 14, 2020); and
0
b. Adding the following new AD:


[[Page 29032]]


2022-09-03 Airbus SAS: Amendment 39-22023; Docket No. FAA-2022-0087; 
Project Identifier MCAI-2021-01025-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 16, 2022.

(b) Affected ADs

    This AD replaces AD 2020-21-06, Amendment 39-21279 (85 FR 64961, 
October 14, 2020) (AD 2020-21-06).

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before June 30, 2021.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address the potential failure of certain life-
limited parts, which could result in reduced structural integrity of 
the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2020-21-06, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before June 7, 2019: 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 2020-0091, dated April 22, 
2020 (EASA AD 2020-0091). Accomplishing the revision of the existing 
maintenance or inspection program required by paragraph (j) of this 
AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0091, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2020-21-06, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before June 7, 2019:
    (1) The requirements specified in paragraph (1) of EASA AD 2020-
0091 do not apply to this AD.
    (2) Paragraph (2) of EASA AD 2020-0091 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, to incorporate the ``limitations'' specified in 
paragraph (2) of EASA AD 2020-0091 within 90 days after November 18, 
2020 (the effective date of AD 2020-21-06).
    (3) The initial compliance time for complying with the 
limitations specified in paragraph (2) of EASA AD 2020-0091 is at 
the applicable ``limitations'' specified in paragraph (2) of EASA AD 
2020-0091, or within 90 days after November 18, 2020 (the effective 
date of AD 2020-21-06), whichever occurs later.
    (4) The provisions specified in paragraphs (3) and (4) of EASA 
AD 2020-0091 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0091 does not apply 
to this AD.

(i) Retained Provisions for Alternative Actions and Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (i) of AD 
2020-21-06, with a new exception. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before June 7, 2019: Except as required 
by paragraph (j) of this AD, after the existing maintenance or 
inspection program has been revised as required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections) and intervals 
are allowed unless they are approved as specified in the provisions 
of the ``Ref. Publications'' section of EASA AD 2020-0091.

(j) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (k) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2021-0206, dated September 15, 2021 (EASA 
AD 2021-0206). Accomplishing the revision of the existing 
maintenance or inspection program required by this paragraph 
terminates the requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2021-0206

    (1) Where EASA AD 2021-0206 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The requirement specified in paragraph (1) of EASA AD 2021-
0206 does not apply to this AD.
    (3) Paragraph (2) of EASA AD 2021-0206 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, within 90 days after the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in 
paragraph (2) of EASA 2021-0206 is at the applicable ``limitations'' 
as incorporated by the requirements of paragraph (2) of EASA AD 
2021-0206, or within 90 days after the effective date of this AD, 
whichever occurs later.
    (5) The provisions specified in paragraph (3) and (4) of EASA AD 
2021-0206 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0206 does not apply 
to this AD.

(l) New Provisions for Alternative Actions and Intervals

    After the revision of the existing maintenance or inspection 
program has been accomplished as required by paragraph (j) of this 
AD, no alternative actions (e.g., inspections) and intervals are 
allowed unless they are approved as specified in the provisions of 
the ``Ref. Publications'' section of EASA AD 2021-0206.

(m) 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 (n) of this 
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#457c6804131668040c17687276756804080a06052324246b222a33"><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.

(n) Related Information

    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#c5a1a4abebb7aaa1acaba485a3a4a4eba2aab3"><span class="__cf_email__" data-cfemail="1074717e3e627f74797e71507671713e777f66">[email protected]</span></a>.

(o) 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.
    (3) The following service information was approved for IBR on 
June 16, 2022.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0206, 
dated September 15, 2021.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
November 18, 2020 (85 FR 64961, October 14, 2020).
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0091, 
dated April 22, 2020.
    (ii) [Reserved]
    (5) For EASA AD 2021-0206 and EASA AD 2020-0091, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#4302073003262230226d2636312c33226d2636"><span class="__cf_email__" data-cfemail="ce8f8abd8eabafbdafe0abbbbca1beafe0abbb">[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.

[[Page 29033]]

    (6) 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.
    (7) 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#8fe9fda1e6e1fcffeaecfbe6e0e1cfe1eefdeea1e8e0f9"><span class="__cf_email__" data-cfemail="fa9c88d49394898a9f998e939594ba949b889bd49d958c">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 11, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-10140 Filed 5-11-22; 8:45 am]
BILLING CODE 4910-13-P


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