[Federal Register Volume 87, Number 95 (Tuesday, May 17, 2022)]
[Rules and Regulations]
[Pages 29821-29823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10525]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0098; Project Identifier MCAI-2021-01084-T; 
Amendment 39-22032; AD 2022-09-12]
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 
certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was 
prompted by a report indicating that on the A350 final assembly line 
(FAL), certain load sensing drive struts (LSDS) and drive struts (DS) 
were found not adjusted (the nut was not torqued) and not locked. 
Investigation revealed that the LSDS and DS had been changed as re-work 
action due to pre-installation damage, but production operations 
(adjustment and locking) were not done afterwards. This AD requires, 
for certain airplanes, inspection of the LSDS for correct adjustment 
and locking, and replacement if necessary, and, for certain other 
airplanes, replacement of each affected DS with a serviceable part, 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 21, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 21, 
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 <a href="/cdn-cgi/l/email-protection#86c7c2f5c6e3e7f5e7a8e3f3f4e9f6e7a8e3f3"><span class="__cf_email__" data-cfemail="6d2c291e2d080c1e0c4308181f021d0c430818">[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-2022-0098.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0098; 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 
<a href="/cdn-cgi/l/email-protection#1f7b7e71316d707b76717e5f797e7e31787069"><span class="__cf_email__" data-cfemail="6004010e4e120f04090e01200601014e070f16">[email protected]</span></a>.

[[Page 29822]]


SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0220, dated October 1, 2021 
(EASA AD 2021-0220) (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 by adding an AD that would apply to certain Airbus SAS 
Model A350-941 and -1041 airplanes. The NPRM published in the Federal 
Register on February 10, 2022 (87 FR 7765). The NPRM was prompted by a 
report indicating that on the A350 FAL, LSDS track 1 and DS track 2 
were found not adjusted (the nut was not torqued) and not locked. 
Investigation revealed that the LSDS and DS had been changed as re-work 
action due to pre-installation damage, but production operations 
(adjustment and locking) were not done afterwards. The NPRM proposed to 
require, for certain airplanes, inspection of the LSDS for correct 
adjustment and locking, and replacement if necessary, and, for certain 
other airplanes, replacement of each affected DS with a serviceable 
part, as specified in EASA AD 2021-0220.
    The FAA is issuing this AD to prevent degradation of the load-
carrying capability of an LSDS or DS, which could result in the in-
flight detachment of a flap, resulting in structural damage and reduced 
controllability of the airplane. See the MCAI for additional background 
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International (ALPA), and an individual, who supported the NPRM without 
change.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
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 2021-0220 describes procedures for a detailed inspection of 
the LSDS for correct adjustment and locking, and replacement of the 
LSDS if any discrepancy (movement of either nut) is found, for 
airplanes in Configurations 1 through 4. The service information also 
describes procedures for replacement of each affected DS with a 
serviceable part, for airplanes in Configurations 5 and 6. 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 6 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
            Labor cost                      Parts cost               Cost per product             operators
----------------------------------------------------------------------------------------------------------------
LSDS inspection: Up to 14 work-     $0........................  Up to $1,190..............  Up to $7,140 (6
 hours x $85 per hour = Up to                                                                airplanes).
 $1,190.
DS replacement: Up to 11 work-      Up to $84,470.............  Up to $85,405.............  Up to $85,405 (1
 hours x $85 per hour = Up to $935.                                                          airplane).
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition LSDS replacement that is required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition replacement:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
         Labor cost                Parts cost         Cost per product
------------------------------------------------------------------------
Up to 10 work-hours (2 per    Up to $76,173.......  Up to $77,023.
 LSDS) x $85 per hour = Up
 to $850.
------------------------------------------------------------------------

    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 individuals. The FAA does not control warranty coverage for 
affected individuals. 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.

[[Page 29823]]

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 adding the following new airworthiness 
directive:

2022-09-12 Airbus SAS: Amendment 39-22032; Docket No. FAA-2022-0098; 
Project Identifier MCAI-2021-01084-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 21, 2022.

(b) Affected ADs

    None.

(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 2021-0220, dated October 1, 
2021 (EASA AD 2021-0220).

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by a report indicating that on the A350 
final assembly line (FAL), certain load sensing drive struts (LSDS) 
and drive struts (DS) were found not adjusted (the nut was not 
torqued) and not locked. Investigation revealed that the LSDS and DS 
had been changed as re-work action due to pre-installation damage, 
but production operations (adjustment and locking) were not done 
afterwards. The FAA is issuing this AD to prevent degradation of the 
load-carrying capability of an LSDS or DS, which could result in the 
in-flight detachment of a flap, resulting in structural damage and 
reduced controllability of the airplane.

(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 2021-0220.

(h) Exceptions to EASA AD 2021-0220

    (1) Where EASA AD 2021-0220 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (2) of EASA AD 2021-0220 refers to a 
``discrepancy, as defined in the SB,'' this AD defines a discrepancy 
as movement of either nut.
    (3) The ``Remarks'' section of EASA AD 2021-0220 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0220 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k) of this 
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#2b12066a7d78066a6279061c181b066a6664686b4d4a4a054c445d"><span class="__cf_email__" data-cfemail="e6dfcba7b0b5cba7afb4cbd1d5d6cba7aba9a5a6808787c8818990">[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): Except as required by 
paragraph (j)(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 changes to procedures or tests identified as RC 
require approval of an AMOC.

(k) 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 <a href="/cdn-cgi/l/email-protection#dabebbb4f4a8b5beb3b4bb9abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="8aeeebe4a4f8e5eee3e4ebcaecebeba4ede5fc">[email protected]</span></a>.

(l) 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 2021-0220, 
dated October 1, 2021.
    (ii) [Reserved]
    (3) For EASA 2021-0220, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#a4e5e0d7e4c1c5d7c58ac1d1d6cbd4c58ac1d1"><span class="__cf_email__" data-cfemail="06474275466367756728637374697667286373">[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#6f091d4106011c1f0a0c1b0600012f010e1d0e41080019"><span class="__cf_email__" data-cfemail="274155094e4954574244534e4849674946554609404851">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 20, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-10525 Filed 5-16-22; 8:45 am]
BILLING CODE 4910-13-P


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