[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Rules and Regulations]
[Pages 39741-39742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14194]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0464; Project Identifier MCAI-2021-01290-T; 
Amendment 39-22097; AD 2022-13-11]
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 all 
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by 
a report of inadvertent auto flight system (AFS) altitude changes on 
the flight control unit (FCU). This AD requires 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) AD, which is incorporated by reference. This AD also 
prohibits the installation of affected parts. 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#df9e9bac9fbabeacbef1baaaadb0afbef1baaa"><span class="__cf_email__" data-cfemail="ce8f8abd8eabafbdafe0abbbbca1beafe0abbb">[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-2022-0464.

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 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#c5a1a4abebb7aaa1acaba485a3a4a4eba2aab3"><span class="__cf_email__" data-cfemail="6f0b0e01411d000b06010e2f090e0e41080019">[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 2021-0260, 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.
    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 April 18, 2022 (87 FR 22816). The NPRM was prompted by a 
report of inadvertent AFS altitude changes on the FCU. The NPRM 
proposed to require revising the existing 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 EASA AD 2021-0260. The NPRM 
also proposed to prohibit the installation of affected parts.
    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. See the MCAI for additional background 
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the 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 2021-0260 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.

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
----------------------------------------------------------------------------------------------------------------
             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.
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[[Page 39742]]

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 adding the following new airworthiness 
directive:
2022-13-11 Airbus SAS: Amendment 39-22097; Docket No. FAA-2022-0464; 
Project Identifier MCAI-2021-01290-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 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) of this 
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#30091d7166631d7179621d0703001d717d7f73705651511e575f46"><span class="__cf_email__" data-cfemail="744d5935222759353d26594347445935393b37341215155a131b02">[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

    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#4f2b2e21613d202b26212e0f292e2e61282039"><span class="__cf_email__" data-cfemail="5337323d7d213c373a3d32133532327d343c25">[email protected]</span></a>.

(k) 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 2021-0260, 
dated November 18, 2021.
    (ii) [Reserved]
    (3) For 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#0f4e4b7c4f6a6e7c6e216a7a7d607f6e216a7a"><span class="__cf_email__" data-cfemail="6f2e2b1c2f0a0e1c0e410a1a1d001f0e410a1a">[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#b6d0c498dfd8c5c6d3d5c2dfd9d8f6d8d7c4d798d1d9c0"><span class="__cf_email__" data-cfemail="9dfbefb3f4f3eeedf8fee9f4f2f3ddf3fceffcb3faf2eb">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 14, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-14194 Filed 7-1-22; 8:45 am]
BILLING CODE 4910-13-P


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