[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Proposed Rules]
[Pages 7397-7400]
[FR Doc No: 2022-02317]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0086; Project Identifier MCAI-2021-01035-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2021-13-06, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2021-13-06 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. Since the FAA issued AD
2021-13-06, the FAA has determined that new or more restrictive
airworthiness limitations are necessary. This proposed AD would
continue to require the actions in AD 2021-13-06 and require revising
the existing maintenance or inspection program, as applicable, to
incorporate additional new or more restrictive airworthiness
limitations, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by March 28,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; 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 IBR 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<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0086.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0086; 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 NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0086; Project Identifier
MCAI-2021-01035-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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
the proposal 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 proposed AD.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Dan
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The FAA issued AD 2021-13-06, Amendment 39-21611 (86 FR 40934, July
30, 2021) (AD 2021-13-06), for certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2021-13-06 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. The FAA issued AD 2021-13-
06 to address hazardous or catastrophic airplane system failures. AD
2021-13-06 specifies that accomplishing the actions required by AD
2021-13-06 terminates the repetitive greasing task for batch 02 group
of affected thrust reverser actuators required by paragraph (g) of AD
2019-20-01, Amendment 39-19754 (84 FR 55495, October 17, 2019) (AD
2019-20-01).

Actions Since AD 2021-13-06 Was Issued

    Since the FAA issued AD 2021-13-06, the FAA has determined that new
or more restrictive airworthiness limitations are necessary.
    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0208, dated September 15, 2021
(EASA AD 2021-0208) (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 July 20, 2021 must comply with the
airworthiness limitations specified as part of the approved type design
and referenced on the type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability.
    This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address hazardous or catastrophic airplane system
failures. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0208 describes new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
    This proposed AD would also require EASA AD 2020-0211, dated
October 5, 2020, and EASA AD 2021-0026, dated January 20, 2021, which
the Director of the Federal Register approved for incorporation by
reference as of September 3, 2021 (86 FR 40934, July 30, 2021).
    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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA has
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Proposed AD Requirements

    This proposed AD would retain the requirements of AD 2021-13-06.
This proposed AD would also require revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, which are specified in EASA AD
2021-0208 described previously, as incorporated by reference. Any
differences with EASA AD 2021-0208 are identified as exceptions in the
regulatory text of this AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(n)(1) of this proposed AD.

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, the
FAA proposes to incorporate EASA AD 2021-0208 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0208 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0208 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 2021-
0208. Service information required by EASA AD 2021-0208 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0086 after the FAA final rule is
published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to

airworthiness limitation documents, such as airworthiness limitation
sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in the AMOCs paragraph under
``Other FAA Provisions.'' This new format includes a ``New Provisions
for Alternative Actions and Intervals'' paragraph that does not
specifically refer to AMOCs, but operators may still request an AMOC to
use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this proposed AD affects 27 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2021-13-06 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 proposed
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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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) 2021-13-06, Amendment 39-21611
(86 FR 40934, July 30, 2021); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-0086; Project Identifier MCAI-2021-
01035-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by March 28, 2022.

(b) Affected ADs

    (1) This AD replaces AD 2021-13-06, Amendment 39-21611 (86 FR
40934, July 30, 2021) (AD 2021-13-06).
    (2) This AD affects AD 2019-20-01, Amendment 39-19754 (84 FR
55495, October 17, 2019) (AD 2019-20-01).

(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 July 20, 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 hazardous or catastrophic airplane system
failures.

(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
2021-13-06, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before July 22, 2020: 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 2020-0211, dated October 5,
2020 (EASA AD 2020-0211); and EASA AD 2021-0026, dated January 20,
2021 (EASA AD 2021-0026). Where EASA AD 2021-0026 affects the same
airworthiness limitations (tasks and life limits) as those in EASA
AD 2020-0211, the airworthiness limitations referenced in EASA AD
2021-0026 prevail. 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 2020-0211 and EASA AD 2021-0026,
With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2021-13-06, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before July 22, 2020:
    (1) Where EASA AD 2020-0211 and EASA AD 2021-0026 refers to its
effective date, this AD requires using September 3, 2021 (the
effective date of AD 2021-13-06).
    (2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0211 and EASA AD 2021-0026 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2020-0211 and EASA AD 2021-0026
specifies revising

``the approved AMP [aircraft maintenance program]'' within 12 months
after its effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, to incorporate the
``limitations, tasks and associated thresholds and intervals''
specified in paragraph (3) of EASA AD 2020-0211 and EASA AD 2021-
0026 within 90 days after September 3, 2021 (the effective date of
AD 2021-13-06).
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0211 and EASA AD 2021-0026 is at the
applicable ``thresholds'' as incorporated by the requirements of
paragraph (3) of EASA AD 2020-0211 and EASA AD 2021-0026, or within
90 days after September 3, 2021 (the effective date of AD 2021-13-
06), whichever occurs later.
    (5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0211 do not apply to this AD.
    (6) The provisions specified in paragraph (4) of EASA AD 2021-
0026 do not apply to this AD.
    (7) The ``Remarks'' section of EASA AD 2020-0211 and EASA AD
2021-0026 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
2021-13-06, with a new exception. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before July 22, 2020: 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 2020-0211 or EASA AD
2021-0026.

(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 2021-0208, dated September 15, 2021.
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 2021-0208

    (1) Where EASA AD 2021-0208 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0208 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0208 specifies to revise ``the
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 (3) of EASA AD 2021-0208 is at the applicable
``limitations'' as incorporated by the requirements of paragraph (3)
of EASA AD 2021-0208, or within 90 days after the effective date of
this AD, whichever occurs later.
    (5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2021-0208 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0208 does not apply
to this AD.
    (7) Where EASA AD 2021-0208 refers to Airbus A350 Airworthiness
Limitations Section (ALS) Part 4, Revision 6 and Variation 6.1,
replace the text ``Airbus A350 Airworthiness Limitations Section
(ALS) Part 4, Revision 6 and Variation 6.1,'' with ``Airbus A350
Airworthiness Limitations Section (ALS) Part 4, Revision 6 and
Variation 6.1; for any airworthiness limitations (tasks and life
limits) that are in both documents, the airworthiness limitations
(tasks and life limits) specified in Variation 6.1 prevail.''

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised 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 2021-0208.

(m) Terminating Action for Certain Requirements of AD 2019-20-01

    Accomplishing the actions required by paragraph (g) or (j) of
this AD terminates the repetitive greasing task for batch 02 group
of affected thrust reverser actuators required by paragraph (g) of
AD 2019-20-01.

(n) Other FAA 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 (o)(2) of
this AD. Information may be emailed to: [email protected].
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.

(o) Related Information

    (1) For the EASA ADs identified in this AD, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.easa.europa.eu. You
may find these EASA ADs 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<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0086.
    (2) 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<PHONE_NUMBER>; email [email protected].

    Issued on January 31, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02317 Filed 2-8-22; 8:45 am]
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