[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Rules and Regulations]
[Pages 39735-39738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14195]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0382; Project Identifier MCAI-2021-01452-T; 
Amendment 39-22099; AD 2022-13-13]
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 adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by 
reports that passenger door stop screws were found with missing screw 
heads.

[[Page 39736]]

This AD requires repetitive inspections of each passenger door stop 
screw for any missing screw heads and applicable corrective actions, 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 August 9, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 9, 
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#b5f4f1c6f5d0d4c6d49bd0c0c7dac5d49bd0c0"><span class="__cf_email__" data-cfemail="06474275466367756728637374697667286373">[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 on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0382.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0382; 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 Street, Des Moines, WA 98198; telephone and fax 206-231-3225; 
email <a href="/cdn-cgi/l/email-protection#197d7877376b767d707778597f7878377e766f"><span class="__cf_email__" data-cfemail="b7d3d6d999c5d8d3ded9d6f7d1d6d699d0d8c1">[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 2021-0291, dated December 22, 2021 
(EASA AD 2021-0291) (also referred to as 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 March 31, 2022 (87 FR 18744). The NPRM was prompted by 
reports that passenger door stop screws were found with missing screw 
heads. The NPRM proposed to require repetitive general visual 
inspections (GVI) of each passenger door stop screw for any missing 
screw heads, and applicable corrective actions, as specified in EASA AD 
2021-0291.
    The FAA is issuing this AD to address missing door stop screw 
heads, 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 comments from Delta Airlines (DAL). The following 
presents the comments received on the NPRM and the FAA's response to 
each comment.

Request To Remove the Reporting Requirement

    DAL requested that the FAA remove the reporting requirement in 
paragraph (h) of the proposed AD. DAL stated that Note 3 in paragraph 
(4) of EASA AD 2021-0291 indicates that ``[u]sing the inspection report 
in accordance with the instructions of [the specified service 
information] is acceptable to comply with the requirements'' of 
paragraph (4). The commenter added that the service information 
specified in EASA AD 2021-0291 states that the relevant Task 
(``Complete the Inspection Report Sheet'') specifies that sending the 
Inspection Report sheet is not an RC (required for compliance) step. 
The commenter stated that EASA AD 2021-0291, by referencing the service 
information in Note 3, appears to approve completing the inspection 
report sheet, but does not require sending the inspection report as it 
is not required for compliance.
    The FAA does not agree to the requested change. The inspection 
reports that are required by this AD will enable the manufacturer to 
obtain better insight into the nature, cause, and extent of the missing 
screw heads, and may help the FAA determine whether different AD 
requirements may be appropriate. Further, EASA AD 2021-0291 requires 
reporting inspection results to Airbus in paragraph (4) and note 3 is 
only an option of how to comply with that reporting requirement. This 
AD has not been changed with regard to this request.

Request To Clarify the Timing for Reporting

    If the FAA does not remove the reporting requirement as DAL 
requested, DAL recommended revised compliance times for reporting, 
which DAL asserted would remove restrictive time constraints while 
still meeting the intent of the proposed AD. Delta stated that commonly 
the scanned records from each airplane visit are not available until 
after the end of the visit (when the entire package is sent for 
scanning all at once), which could take up to 75 days. Delta added that 
potentially a report due under the conditions of paragraph (h)(3)(ii) 
of the proposed AD could involve a case where the service information 
and AD inspections were signed off 20 days into their 75-day long visit 
but before the AD's effective date, and could result in manual 
coordination with the Production Control Office.
    <bullet> For paragraph (h)(3)(i) of the proposed AD, DAL 
recommended revising the reporting compliance time as ``within 30 days 
after the end of the maintenance visit/check during which the 
inspection was performed'' instead of ``within 30 days after the 
inspection.''
    <bullet> For paragraph (h)(3)(ii) of the proposed AD, DAL 
recommended this paragraph to state ``within 30 days after the end of 
the maintenance visit/check during which the inspection was performed 
or within 30 days after the effective date of this AD, whichever occurs 
last'' instead of ``within 30 days after the effective date of this 
AD.''
    The FAA agrees with the request for the reasons provided, and has 
revised paragraphs (h)(3)(i) and (ii) of this AD accordingly.

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, and any other changes 
described previously, 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 2021-0291 specifies procedures for repetitive general 
visual

[[Page 39737]]

inspections (GVI) of each passenger door stop screw for any missing 
screw heads, and applicable corrective actions. The corrective actions 
include replacement of the passenger door stop screw, repair, and 
follow-up actions (GVI of the adjacent door stop area and surrounding 
structure for damage, including any broken door stop screws). EASA AD 
2021-0291 also specifies procedures for reporting results of the 
initial inspection to Airbus. This service information 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 27 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
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680...........................              $0             $680          $18,360
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost of reporting the inspection results on U.S. operators to be 
$2,295, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition screw replacement that would be 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 action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
          Labor cost                  Parts cost        Cost per product
------------------------------------------------------------------------
1 work-hour x $85 per hour =   $875 per screw.........  $960 per screw
 $85 per screw replacement.                              replacement.
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs or applicable follow-up actions 
specified in this AD.
    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.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

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:


[[Page 39738]]


2022-13-13 Airbus SAS: Amendment 39-22099; Docket No. FAA-2022-0382; 
Project Identifier MCAI-2021-01452-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 9, 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 52, Doors.

(e) Unsafe Condition

    This AD was prompted by reports that passenger door stop screws 
were found with missing screw heads. The FAA is issuing this AD to 
address the missing door stop screw heads, 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) 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 
2021-0291, dated December 22, 2021 (EASA AD 2021-0291).

(h) Exceptions to EASA AD 2021-0291

    (1) Where EASA AD 2021-0291 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0291 does not apply 
to this AD.
    (3) Paragraph (4) of EASA AD 2021-0291 specifies to report 
results of the initial inspection to Airbus within a certain 
compliance time. For this AD, report inspection results of the 
initial inspection at the applicable time specified in paragraph 
(h)(3)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the end of the 
maintenance visit/check during which the inspection was performed.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the end of the 
maintenance visit/check during which the inspection was performed or 
within 30 days after the effective date of this AD, whichever occurs 
later.
    (4) Where Note 2 of paragraph (2) of EASA AD 2021-0291 specifies 
using ``the instructions from an applicable Airbus Repair Design 
Approval Form (RDAF)'' is acceptable for compliance with the 
corrective actions, this AD requires using corrective actions 
approved using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or Airbus 
SAS's EASA DOA. If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (5) Where paragraph (2) of EASA AD 2021-0291 refers to passenger 
door stop screws that are ``damaged, as defined in the SB'' this AD 
defines damage as broken passenger door stop screws.
    (6) Where service information referenced in EASA AD 2021-0291 
specifies ``a general visual inspection of the adjacent door stop 
area and surrounding structure (no lining removal required),'' for 
this AD do a general visual inspection for any damage (e.g., broken 
passenger door stop screws), and repair any damage before further 
flight 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.

(i) Return of Parts

    Although the service information referenced in EASA AD 2021-0291 
specifies to send broken screws to Airbus, this AD does not include 
that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the airplane to a location where the 
actions of this AD can be performed (if the operator elects to do 
so), provided no passengers are onboard.

(k) 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 (l) of this 
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#3c05117d6a6f117d756e110b0f0c117d71737f7c5a5d5d125b534a"><span class="__cf_email__" data-cfemail="b0899df1e6e39df1f9e29d8783809df1fdfff3f0d6d1d19ed7dfc6">[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 (k)(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.

(l) Related Information

    For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198; 
telephone and fax 206-231-3225; email <a href="/cdn-cgi/l/email-protection#6307020d4d110c070a0d02230502024d040c15"><span class="__cf_email__" data-cfemail="b2d6d3dc9cc0ddd6dbdcd3f2d4d3d39cd5ddc4">[email protected]</span></a>.

(m) 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 2021-0291, 
dated December 22, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0291, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#eaabae99aa8f8b998bc48f9f98859a8bc48f9f"><span class="__cf_email__" data-cfemail="c18085b281a4a0b2a0efa4b4b3aeb1a0efa4b4">[email protected]</span></a>; internet www.easa.europa.eu. You may find this 
material 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#e18793cf888f9291848295888e8fa18f809380cf868e97"><span class="__cf_email__" data-cfemail="492f3b6720273a392c2a3d2026270927283b28672e263f">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 15, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-14195 Filed 7-1-22; 8:45 am]
BILLING CODE 4910-13-P


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