Airworthiness Directives; Airbus SAS Airplanes, 13833-13836 [2021-05038]
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Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Proposed Rules
(d) Subject
Joint Aircraft System Component (JASC)
Code 2500, Cabin Equipment/Furnishings.
(e) Reason
This AD was prompted by a determination
that a life limit for the adapter forward (FWD)
of the outboard load system, repetitive
inspections of other components of that
system, and for certain helicopters, a
modification of the outboard load system are
necessary to address the unsafe condition.
The FAA is issuing this AD to address
detachment of an external load or person
from the helicopter hoist, which could result
in personal injury, or injury to persons on 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 Aviation Safety
Agency (now European Union Aviation
Safety Agency) (EASA) AD 2017–0177, dated
September 14, 2017 (EASA AD 2017–0177).
khammond on DSKJM1Z7X2PROD with PROPOSALS
(h) Exceptions to EASA AD 2017–0177
(1) Where EASA AD 2017–0177 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2017–0177 does not apply to this AD.
(3) Where the service information
referenced in EASA AD 2017–0177 specifies
contacting the applicable manufacturer of the
dedicated equipment for a definition of a
cycle and recalculation to hoist cycles, this
AD does not require contacting the
manufacturer for a definition of a cycle and
recalculation to hoist cycles.
(4) Where paragraph (3) of EASA AD 2017–
0177 specifies to do ‘‘applicable corrective
actions,’’ for this AD, if there are any
defective components, replace all defective
components with serviceable components in
accordance with FAA-approved procedures.
For the purposes of this AD, a defect may be
indicated by cracking, damage, corrosion, or
incorrect installation.
(5) Although the service information
referenced in EASA AD 2017–0177 specifies
to discard certain parts, this AD requires
removing those parts from service instead.
(6) Where the service information
referenced in EASA AD 2017–0177 refers to
flight hours (FH), this AD requires using
hours time-in-service.
(7) Paragraph (9) of EASA AD 2017–0177
does not apply to this AD.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Strategic Policy
Rotorcraft Section, 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 local
Flight Standards District Office, as
appropriate. If sending information directly
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16:33 Mar 10, 2021
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to the Manager of the Strategic Policy
Rotorcraft Section, send it to: Manager,
Strategic Policy Rotorcraft Section, FAA,
10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone 817–222–5110; email 9ASW-FTW-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local Flight Standards District Office/
Certificate Holding District Office.
(j) Related Information
(1) For EASA AD 2017–0177, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu. You may view this
material at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX 76177.
For information on the availability of this
material at the FAA, call 817–222–5110. 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–2020–1171.
(2) For more information about this AD,
contact Kathleen Arrigotti, Aviation Safety
Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3218; email:
kathleen.arrigotti@faa.gov.
Issued on January 5, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–05086 Filed 3–10–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0142; Project
Identifier MCAI–2020–01400–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Airbus SAS Model A350–941
and –1041 airplanes. This proposed AD
was prompted by a report of inproduction findings of missing or
incorrect application of the lightning
strike edge glow sealant protection at
specific locations in the wing tanks.
This proposed AD would require an
SUMMARY:
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13833
inspection for missing or incorrect
application of the lightning strike edge
glow sealant protection at certain
locations in the wing tanks, and
corrective action, 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 April 26, 2021.
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: 202–493–2251.
• 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: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For EASA material that will be
incorporated by reference (IBR) in this
AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
email ADs@easa.europa.eu; 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 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0142.
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–2021–
0142; 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.
FOR FURTHER INFORMATION CONTACT:
Kathleen Arrigotti, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3218; email
kathleen.arrigotti@faa.gov.
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13834
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Proposed Rules
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
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–2021–0142; Project Identifier
MCAI–2020–01400–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.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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 Kathleen Arrigotti,
Aerospace Engineer, Large Aircraft
Section, International Validation
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax
206–231–3218; email
kathleen.arrigotti@faa.gov. Any
commentary that the FAA receives
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0220, dated October 13, 2020
(EASA AD 2020–0220) (also referred to
as the Mandatory Continuing
Airworthiness Information, or the
MCAI), to correct an unsafe condition
for certain Airbus SAS Model A350–941
and –1041 airplanes.
This proposed AD was prompted by
in-production findings of missing or
incorrect application of the lightning
strike edge glow sealant protection at
specific locations in the wing tanks. The
FAA is proposing this AD to address
missing or incorrectly applied sealant,
which in combination with an
undetected, incorrect installation of an
adjacent fastener and a lightning strike
in the immediate area, could result in
ignition of the fuel air mixture inside
the affected fuel tanks and loss of the
airplane. See the MCAI for additional
background information.
Related Service Information Under 1
CFR Part 51
EASA AD 2020–0220 describes
procedures for an inspection for missing
or incorrect application of the lightning
strike edge glow sealant protection at
certain locations in the wing tanks
(discrepancies), and corrective action.
Corrective actions include applying
sealant in areas where sealant was
found to be missing or incorrectly
applied. 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 evaluated all the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
EASA AD 2020–0220 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities (CAAs) to
use this process. As a result, EASA AD
2020–0220 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2020–0220
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
the EASA AD 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 the EASA AD. Service
information specified in EASA AD
2020–0220 that is required for
compliance with EASA AD 2020–0220
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0142 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 16 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
Up to 67 work-hours × $85 per hour = Up to $5,695 .................................................................
$0
Up to $5,695
Up to $91,120
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16:33 Mar 10, 2021
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Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Proposed Rules
The FAA estimates the following
costs to do any necessary on-condition
action that would be required based on
the results of any required actions. The
FAA has no way of determining the
13835
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-hours × $85 per hour = $85 ........................................................................................................................
$0
$85
According to the manufacturer, some
or all of the costs of this proposed 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.
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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.
16:33 Mar 10, 2021
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Airbus SAS: Docket No. FAA–2021–0142;
Project Identifier MCAI–2020–01400–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) action by April
26, 2021.
(b) Affected ADs
None.
(c) Applicability
Regulatory Findings
VerDate Sep<11>2014
List of Subjects in 14 CFR Part 39
Jkt 253001
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
2020–0220, dated October 13, 2020 (EASA
AD 2020–0220).
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Reason
This AD was prompted by in-production
findings of missing or incorrect application
of the lightning strike edge glow sealant
protection at specific locations in the wing
tanks. The FAA is issuing this AD to address
missing or incorrectly applied sealant, which
in combination with an undetected, incorrect
installation of an adjacent fastener and a
lightning strike in the immediate area, could
result in ignition of the fuel-air mixture
inside the affected fuel tanks and loss of the
airplane.
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(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 2020–0220.
(h) Exceptions to EASA AD 2020–0220
(1) Where EASA AD 2020–0220 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0220 does not apply to this AD.
(3) Where paragraph (1) of EASA AD 2020–
0220 gives a compliance time of ‘‘the next
scheduled maintenance tank entry, or before
exceeding 6 years since Airbus date of
manufacture, whichever occurs first after the
effective date of this AD,’’ for this AD, the
compliance time is the later of the times
specified in paragraphs (h)(3)(i) and (ii) of
this AD.
(i) The next scheduled maintenance tank
entry, or before exceeding 6 years since
Airbus date of manufacture, whichever
occurs first after the effective date of this AD.
(ii) Within 6 months after the effective date
of this AD.
(4) Where paragraph (2) of EASA AD 2020–
0220 refers to ‘‘discrepancies,’’ for this AD,
discrepancies include missing or incorrectly
applied sealant.
(i) 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 (j)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 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
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Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Proposed Rules
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
(1) For information about EASA AD 2020–
0220, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD 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. 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–2021–0142.
(2) For more information about this AD,
contact Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
telephone and fax 206–231–3218; email
kathleen.arrigotti@faa.gov.
Issued on March 5, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–05038 Filed 3–10–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
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14 CFR Part 39
[Docket No. FAA–2021–0140; Project
Identifier MCAI–2020–01531–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
VerDate Sep<11>2014
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Jkt 253001
Notice of proposed rulemaking
(NPRM).
ACTION:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Airbus SAS Model A330–200,
A330–300, A340–200, A340–300, A340–
500, and A340–600 series airplanes.
This proposed AD was prompted by
reports that, for certain lower deck
mobile crew rest (LDMCR) units, the
connection of a certain halon outlet tube
to the outlet of a certain fire
extinguisher bottle may be incorrect.
This proposed AD would require
replacing each affected halon outlet tube
with a flexible hose, 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 April 26, 2021.
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: 202–493–2251.
• 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: Deliver to Mail
address above 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 ADs@
easa.europa.eu; 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 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0140.
SUMMARY:
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–2021–
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0140; 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.
FOR FURTHER INFORMATION CONTACT:
Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3229; email
vladimir.ulyanov@faa.gov.
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–2021–0140; Project Identifier
MCAI–2020–01531–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
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]]>Agencies
[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Proposed Rules]
[Pages 13833-13836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05038]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0142; Project Identifier MCAI-2020-01400-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 adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 and -1041 airplanes. This
proposed AD was prompted by a report of in-production findings of
missing or incorrect application of the lightning strike edge glow
sealant protection at specific locations in the wing tanks. This
proposed AD would require an inspection for missing or incorrect
application of the lightning strike edge glow sealant protection at
certain locations in the wing tanks, and corrective action, 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 April 26,
2021.
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: 202-493-2251.
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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For EASA 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 206-231-3195. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0142.
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-2021-
0142; 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.
FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email [email protected].
[[Page 13834]]
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-2021-0142; Project Identifier
MCAI-2020-01400-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
Kathleen Arrigotti, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax 206-231-3218; 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 EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0220, dated October 13, 2020
(EASA AD 2020-0220) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain Airbus SAS Model A350-941 and -1041 airplanes.
This proposed AD was prompted by in-production findings of missing
or incorrect application of the lightning strike edge glow sealant
protection at specific locations in the wing tanks. The FAA is
proposing this AD to address missing or incorrectly applied sealant,
which in combination with an undetected, incorrect installation of an
adjacent fastener and a lightning strike in the immediate area, could
result in ignition of the fuel air mixture inside the affected fuel
tanks and loss of the airplane. See the MCAI for additional background
information.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0220 describes procedures for an inspection for
missing or incorrect application of the lightning strike edge glow
sealant protection at certain locations in the wing tanks
(discrepancies), and corrective action. Corrective actions include
applying sealant in areas where sealant was found to be missing or
incorrectly applied. 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
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0220 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0220
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0220 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 the EASA AD 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 the EASA AD. Service information specified
in EASA AD 2020-0220 that is required for compliance with EASA AD 2020-
0220 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0142 after the FAA
final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 16 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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Up to 67 work-hours x $85 per hour = Up to $5,695............ $0 Up to $5,695 Up to $91,120
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[[Page 13835]]
The FAA estimates the following costs to do any necessary on-
condition action 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
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Cost per
Labor cost Parts cost product
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1 work-hours x $85 per hour = $85..... $0 $85
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According to the manufacturer, some or all of the costs of this
proposed 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
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 adding the following new airworthiness
directive:
Airbus SAS: Docket No. FAA-2021-0142; Project Identifier MCAI-2020-
01400-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) action by April 26, 2021.
(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 2020-0220, dated October 13,
2020 (EASA AD 2020-0220).
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by in-production findings of missing or
incorrect application of the lightning strike edge glow sealant
protection at specific locations in the wing tanks. The FAA is
issuing this AD to address missing or incorrectly applied sealant,
which in combination with an undetected, incorrect installation of
an adjacent fastener and a lightning strike in the immediate area,
could result in ignition of the fuel-air mixture inside the affected
fuel tanks and loss 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 2020-0220.
(h) Exceptions to EASA AD 2020-0220
(1) Where EASA AD 2020-0220 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0220 does not apply
to this AD.
(3) Where paragraph (1) of EASA AD 2020-0220 gives a compliance
time of ``the next scheduled maintenance tank entry, or before
exceeding 6 years since Airbus date of manufacture, whichever occurs
first after the effective date of this AD,'' for this AD, the
compliance time is the later of the times specified in paragraphs
(h)(3)(i) and (ii) of this AD.
(i) The next scheduled maintenance tank entry, or before
exceeding 6 years since Airbus date of manufacture, whichever occurs
first after the effective date of this AD.
(ii) Within 6 months after the effective date of this AD.
(4) Where paragraph (2) of EASA AD 2020-0220 refers to
``discrepancies,'' for this AD, discrepancies include missing or
incorrectly applied sealant.
(i) 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 (j)(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
[[Page 13836]]
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
(1) For information about EASA AD 2020-0220, 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 EASA AD 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. 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-
2021-0142.
(2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3218; email [email protected].
Issued on March 5, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-05038 Filed 3-10-21; 8:45 am]
BILLING CODE 4910-13-P
