[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Rules and Regulations]
[Pages 37982-37986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13720]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0800; Project Identifier MCAI-2022-00705-T; 
Amendment 39-22105; AD 2022-13-19]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-11-
03, which applied to certain Airbus SAS Model A350-941 and -1041 
airplanes. AD 2022-11-03 required revising the existing airplane flight 
manual (AFM), and revising the operator's existing FAA-approved minimum 
equipment list (MEL) by incorporating certain master minimum equipment 
list (MMEL) provisions, to include limitations and procedures to 
mitigate the risk of elevator failure during flare. Since the FAA 
issued AD 2022-11-03, an updated software standard for the PRIMary 
flight control computers (PRIMs) has been developed to address the 
unsafe condition. This AD continues to require the actions in AD 2022-
11-03, and also requires installing an updated PRIM software standard, 
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 July 12, 2022.

[[Page 37983]]

    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 12, 
2022.
    The FAA must receive comments on this AD by August 11, 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 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#0140457241646072602f6474736e71602f6474"><span class="__cf_email__" data-cfemail="06474275466367756728637374697667286373">[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-2022-0800.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0800; 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 AD, 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; phone 206-231-3225; email 
<a href="/cdn-cgi/l/email-protection#b6f2d7d898e4d9d2dfd8d7f6d0d7d798d1d9c0"><span class="__cf_email__" data-cfemail="b0f4d1de9ee2dfd4d9ded1f0d6d1d19ed7dfc6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-0800; Project Identifier MCAI-
2022-00705-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. 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; 
phone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#ca8eaba4e498a5aea3a4ab8aacababe4ada5bc"><span class="__cf_email__" data-cfemail="3b7f5a551569545f52555a7b5d5a5a155c544d">[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

    The FAA issued AD 2022-11-03, Amendment 39-22053 (87 FR 30402, May 
19, 2022) (AD 2022-11-03), which applied to certain Airbus SAS Model 
A350-941 and -1041 airplanes. AD 2022-11-03 required revising the 
existing AFM, and revising the operator's existing FAA-approved MEL by 
incorporating certain MMEL provisions, to include limitations and 
procedures to mitigate the risk of elevator failure during flare. The 
FAA issued AD 2022-11-03 to address the faulty FCGS X13 standard, which 
could lead to loss of control of the elevator surfaces, possibly 
resulting in loss of control of the airplane.

Actions Since AD 2022-11-03 Was Issued

    Since the FAA issued AD 2022-11-03, which the FAA considered an 
interim action, an updated software standard for the PRIMs has been 
developed to address the unsafe condition.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0098, dated June 1, 2022 (EASA 
AD 2022-0098) (also referred to as the MCAI), to correct an unsafe 
condition for certain Airbus SAS Model A350-941 and -1041 airplanes and 
require installing the updated software standard.
    This AD was prompted by the FAA's determination that the updated 
software standard must be installed in order to address the unsafe 
condition. The FAA is issuing this AD to address the faulty FCGS X13 
standard, which could lead to loss of control of the elevator surfaces, 
possibly resulting in loss of control of the airplane. See the MCAI for 
additional background information.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2022-11-03, this AD retains all of the requirements of AD 2022-11-03. 
Those requirements are referenced in EASA AD 2022-0098, which, in turn, 
is referenced in paragraph (g) of this AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0098 specifies procedures for revising the Limitations 
and Normal Procedures sections of the existing AFM, revising the 
operator's existing FAA-approved MEL by incorporating MMEL provisions, 
to include limitations and procedures to mitigate the risk of elevator 
failure during flare, and installing an updated PRIM software standard.
    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

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI described above.

[[Page 37984]]

The FAA is issuing this AD after determining that the unsafe condition 
described previously is likely to exist or develop on other products of 
these same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2022-0098 described previously, except for any differences identified 
as exceptions in the regulatory text of this AD.
    EASA AD 2022-0098 requires operators to revise the AFM and ``inform 
all flight crews, and, thereafter, operate the aeroplane accordingly.'' 
However, this AD does 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 AD to operate the airplane according to 
the revised AFM would be redundant and unnecessary.
    Similarly, EASA AD 2022-0098 specifies amending the operator's MEL 
and, thereafter, ``operating the aeroplane accordingly.'' However, this 
AD does not include specific operating requirements as they are already 
required by FAA regulations. FAA regulations (14 CFR 121.628 (a)(2)) 
require operators to provide pilots with access to all of the 
information contained in the operator's MEL. Furthermore, 14 CFR 
121.628 (a)(5) requires airplanes to be operated under all applicable 
conditions and limitations contained in the operator's MEL. Therefore, 
including a requirement in this AD to operate the airplane according to 
the revised MEL 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, 
EASA AD 2022-0098 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2022-0098 in its entirety through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this AD. Using common terms that are the same as 
the heading of a particular section in EASA AD 2022-0098 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 
2022-0098. Service information required by EASA AD 2022-0098 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0800 after this AD is 
published.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule. 
Since the FAA issued AD 2022-11-03, an updated software standard for 
the PRIMs has been developed to address the unsafe condition. The 
actions required by AD 2022-11-03 are an interim action that mitigate 
the unsafe condition but do not address the root cause of the unsafe 
condition. The installation of the updated software standard addresses 
the root cause of the unsafe condition and allows the removal of the 
AFM and MEL revisions required by AD 2022-11-03.
    Incorrect logic in the PRIMs may cause the PRIM computers to 
inadvertently lose control over their respective elevator actuators 
during flare phase, depending on flight conditions, potentially 
affecting every flight and possibly resulting in loss of control of the 
airplane in a critical phase of flight. Given the significance of the 
risk presented by this unsafe condition, it must be immediately 
addressed. Accordingly, notice and opportunity for prior public comment 
are impracticable and contrary to the public interest pursuant to 5 
U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 30 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.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD                1 work-hour x $85 per                 $0             $85          $2,550
 2022[dash]11[dash]03.                   hour = $85.
New actions...........................  2 work-hours x $85 per               300             470          14,100
                                         hour = $170.
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[[Page 37985]]

    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, and
    (2) Will not affect intrastate aviation in Alaska.

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) 2022-11-03, Amendment 39-22053 
(87 FR 30402, May 19, 2022); and
0
b. Adding the following new AD:

2022-13-19 Airbus SAS: Amendment 39-22105; Docket No. FAA-2022-0800; 
Project Identifier MCAI-2022-00705-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 12, 2022.

(b) Affected ADs

    This AD replaces AD 2022-11-03, Amendment 39-22053 (87 FR 30402, 
May 19, 2022) (AD 2022-11-03).

(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 2022-0098, dated June 1, 2022 
(EASA AD 2022-0098).

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by an indication that both elevator 
actuators of the PRIMary flight control computers (PRIMs) were 
considered faulty due to incorrect instructions with a new PRIM 
standard and a determination that an updated software standard for 
the PRIMs must be installed. The FAA is issuing this AD to address 
the faulty standard, which could lead to loss of control of the 
elevator surfaces, possibly resulting in loss of control 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 2022-0098.

(h) Exceptions to EASA AD 2022-0098

    (1) Where EASA AD 2022-0098 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0098 refers to May 9, 2022 (the effective 
date of EASA AD 2022-0079-E), this AD requires using June 3, 2022 
(the effective date of AD 2022-11-03).
    (3) Where paragraph (1) of EASA AD 2022-0098 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.
    (4) Where paragraph (3) of EASA AD 2022-0098 specifies to 
``implement the instructions of the MER, as defined in [the EASA] 
AD,'' for this AD replace that phrase with ``revise the operator's 
existing FAA-approved minimum equipment list (MEL) to incorporate 
the instructions of the MER.''
    (5) Where paragraph (4) of EASA AD 2022-0098 specifies 
``operating the aeroplane accordingly,'' this AD does not require 
that action as that action is already required by existing FAA 
operating regulations.
    (6) The ``Remarks'' section of EASA AD 2022-0098 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: <a href="/cdn-cgi/l/email-protection#3c05117d6a6f117d756e110b0f0c117d71737f7c5a5d5d125b534a"><span class="__cf_email__" data-cfemail="487165091e1b6509011a657f7b78650905070b082e2929662f273e">[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 (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 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; phone 206-
231-3225; email <a href="/cdn-cgi/l/email-protection#a5e1c4cb8bf7cac1cccbc4e5c3c4c48bc2cad3"><span class="__cf_email__" data-cfemail="480c2926661a272c212629082e2929662f273e">[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 2022-0098, 
dated June 1, 2022.

[[Page 37986]]

    (ii) [Reserved]
    (3) For EASA AD 2022-0098, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#2f6e6b5c6f4a4e5c4e014a5a5d405f4e014a5a"><span class="__cf_email__" data-cfemail="fcbdb88fbc999d8f9dd299898e938c9dd29989">[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 at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0800.
    (6) 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#ed8b9fc384839e9d888e99848283ad838c9f8cc38a829b"><span class="__cf_email__" data-cfemail="3b5d49155255484b5e584f5254557b555a495a155c544d">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 17, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-13720 Filed 6-23-22; 11:15 am]
BILLING CODE 4910-13-P


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