Airworthiness Directives; Airbus SAS Airplanes, 16038-16041 [2021-06251]
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Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Rules and Regulations
The special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
Discussion of Comments
The FAA issued Notice of Proposed
Special Conditions No. 25–20–08–SC
for the Boeing Model 787 series
airplane, which was published in the
Federal Register on October 30, 2020
(85 FR 68801). No comments were
received, and the special conditions are
adopted as proposed.
Applicability
As discussed above, these special
conditions are applicable to the Boeing
Model 787 series airplane. Should
Boeing apply at a later date for a change
to the type certificate to include another
model incorporating the same novel or
unusual design feature, these special
conditions would apply to that model as
well.
Conclusion
This action affects only a certain
novel or unusual design feature on one
model series of airplane. It is not a rule
of general applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
Authority Citation
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701, 44702, 44704.
The Special Conditions
D Accordingly, pursuant to the authority
delegated to me by the Administrator,
the following special conditions are
issued as part of the type certification
basis for the Boeing Model 787 series
airplane.
In addition to the requirements of
§ 25.562, forward-facing passenger seats
with pretensioner restraint systems
must meet the following:
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1. Head Injury Criteria (HIC)
The HIC value must not exceed 1000
at any condition at which the
pretensioner does or does not deploy,
up to the maximum severity pulse that
corresponds to the test conditions
specified in § 25.562. Tests must be
performed to demonstrate this, taking
into account any necessary tolerances
for deployment.
When an airbag device is present in
addition to the pretensioner restraint
system, and the anthropomorphic test
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device (ATD) has no apparent contact
with the seat/structure but has contact
with an airbag, a HIC unlimited scored
in excess of 1000 is acceptable,
provided the HIC15 score (calculated in
accordance with 49 CFR 571.208) for
that contact is less than 700.
ATD head contact with the seat or
other structure, through the airbag, or
contact subsequent to contact with the
airbag, requires a HIC value that does
not exceed 1000.
2. Protection During Secondary Impacts
The pretensioner activation setting
must be demonstrated to maximize the
probability of the protection being
available when needed, considering
secondary impacts.
3. Protection of Occupants Other Than
50th Percentile
Protection of occupants for a range of
stature from a 2-year-old child to a 95th
percentile male must be shown. For
shoulder harnesses that include
pretensioners, protection of occupants
other than a 50th percentile male may
be shown by test or analysis. In
addition, the pretensioner must not
introduce a hazard to passengers due to
the following seating configurations:
a. The seat occupant is holding an
infant.
b. The seat occupant is a child in a
child-restraint device.
c. The seat occupant is a pregnant
woman.
4. Occupants Adopting the Brace
Position
Occupants in the traditional brace
position when the pretensioner activates
must not experience adverse effects
from the pretensioner activation.
6. Availability of the Pretensioner
Function Prior to Flight
The design must provide means for a
crewmember to verify the availability of
the pretensioner function prior to each
flight, or the probability of failure of the
pretensioner function must be
demonstrated to be extremely remote
(i.e., average probability per flight hour
of less than 10¥7) between inspection
intervals.
7. Incorrect Seat Belt Orientation
The system design must ensure that
any incorrect orientation (twisting) of
the seat belt does not compromise the
pretensioner protection function.
8. Contamination Protection
The pretensioner mechanisms and
controls must be protected from external
contamination associated with that
which could occur on or around
passenger seating.
9. Prevention of Hazards
The pretensioner system must not
induce a hazard to passengers in case of
fire, nor create a fire hazard, if activated.
10. Functionality After Loss of Power
The system must function properly
after loss of normal airplane electrical
power, and after a transverse separation
in the fuselage at the most critical
location. A separation at the location of
the system does not have to be
considered.
Issued in Kansas City, Missouri, on March
17, 2021.
Patrick R. Mullen,
Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2021–06028 Filed 3–25–21; 8:45 am]
BILLING CODE 4910–13–P
5. Inadvertent Pretensioner Actuation
a. The probability of inadvertent
pretensioner actuation must be shown
to be extremely remote (i.e., average
probability per flight hour of less than
10¥7).
b. The system must be shown to be
not susceptible to inadvertent
pretensioner actuation as a result of
wear and tear, nor inertia loads resulting
from in-flight or ground maneuvers
likely to be experienced in service.
c. The seated occupant must not be
seriously injured as a result of
inadvertent pretensioner actuation.
d. Inadvertent pretensioner actuation
must not cause a hazard to the airplane,
nor cause serious injury to anyone who
may be positioned close to the retractor
or belt (e.g., seated in an adjacent seat
or standing adjacent to the seat).
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0846; Project
Identifier MCAI–2020–00806–T; Amendment
39–21411; AD 2021–03–08]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
SUMMARY:
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Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Rules and Regulations
Airbus SAS Model A350–941 and –1041
airplanes. This AD was prompted by
reports of migration of the bushings of
the horizontal tail plane (HTP) lateral
load fittings (LLFs) on the left- and
right-hand sides during flight test. This
AD requires repetitive inspections for
migration of the bushings of the HTP
LLFs on the left- and right-hand sides,
and terminating repair or modification
of any affected bushing, 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 April 30,
2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 30, 2021.
ADDRESSES: For material 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–2020–
0846.
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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–2020–
0846; 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,
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:
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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whichever occurs first, for Model A350–
1041 airplanes.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0139R1, dated July 3, 2020 (EASA
AD 2020–0139R1) (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.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Airbus SAS Model
A350–941 and –1041 airplanes. The
NPRM published in the Federal
Register on September 22, 2020 (85 FR
59460). The NPRM was prompted by
reports of migration of the bushings of
the HTP LLFs on the left- and righthand sides during flight test. The NPRM
proposed to require repetitive
inspections for migration of the
bushings of the HTP LLFs on the leftand right-hand sides, and terminating
repair or modification of any affected
bushing, as specified in an EASA AD.
The FAA is issuing this AD to address
combined corrosion and fatigue damage
of the primary structure, possibly
resulting in failure of an HTP LLF and
damage to adjacent structure, which
could result in reduced controllability
of the airplane. See the MCAI for
additional background information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comment received on the NPRM and
the FAA’s response to the comment.
Request To Clarify Inspection Intervals
The Air Line Pilots Association,
International (ALPA) asked that
justification be provided for the
inspection intervals differing between
aircraft variants. ALPA supports the
basis of the AD, but stated that due to
the similarities between the affected
aircraft and the associated safety issue,
the time frames should either be
consistent between affected aircraft, or a
rationale should be provided describing
why different compliance time frames
are adequate. ALPA noted that the
proposed AD adopts the required
compliance time frames in EASA AD
2020–0139R1, which require the
inspections to be completed at an
interval of 6 years for Model A350–941
airplanes, and at intervals of 5,500 flight
cycles, 22,900 flight hours, or 6 years,
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16039
The FAA agrees with the commenter
that clarification is necessary. The
inspection intervals are different
because although both Model A350–941
and Model A350–1041 airplanes are
affected by corrosion damage of this
primary structure, only Model A350–
1041 airplanes are suspected to be at
risk of fatigue damage to the affected
area as well. Therefore, the FAA has not
changed this AD in this regard.
Clarification of Terminology
The FAA has added paragraph (h)(3)
to this AD to clarify the definition of
‘‘deficiencies,’’ which is used in EASA
AD 2020–0139R1 but is not referred to
in the service information referenced in
EASA AD 2020–0139R1.
Conclusion
The FAA reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting this
final rule with the change described
previously and minor editorial changes.
The FAA has determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
The FAA also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
Related Service Information Under 1
CFR Part 51
EASA AD 2020–0139R1 describes
procedures for repetitive detailed
inspections for deficiencies (e.g., broken
sealant and migration) of the bushings
of the HTP LLF on the left- and righthand sides; and repair or modification
of any affected bushing, which
eliminates the need for the repetitive
inspections. 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 13 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
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Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Rules and Regulations
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Cost per
product
Parts cost
10 work-hours × $85 per hour = $850 .........................
The FAA estimates that it takes about
1 work-hour per product to comply with
the reporting requirement in this AD.
$0
Cost on U.S. operators
$850
$11,050 per inspection cycle.
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 $1,105, or $85 per product.
ESTIMATED COSTS FOR OPTIONAL ACTIONS
Labor cost
Parts cost
Up to 38 work-hours × $85 per hour = Up to $3,230 ..................................................
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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
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$0
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
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:
■
2021–03–08 Airbus SAS: Amendment 39–
21411; Docket No. FAA–2020–0846;
Project Identifier MCAI–2020–00806–T.
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Cost per product
Up to $3,230.
(a) Effective Date
This airworthiness directive (AD) is
effective April 30, 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
2020–0139R1, dated July 3, 2020 (EASA AD
2020–0139R1).
(d) Subject
Air Transport Association (ATA) of
America Code 55, Stabilizers.
(e) Reason
This AD was prompted by reports of
migration of the bushings of the horizontal
tail plane (HTP) lateral load fittings (LLFs) on
the left- and right-hand sides during flight
test. The FAA is issuing this AD to address
combined corrosion and fatigue damage of
the primary structure, possibly resulting in
failure of an HTP LLF and damage to
adjacent structure, which could result in
reduced controllability 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 2020–0139R1.
(h) Exceptions to EASA AD 2020–0139R1
(1) The ‘‘Remarks’’ section of EASA AD
2020–0139R1 does not apply to this AD.
(2) Paragraph (6) of EASA AD 2020–
0139R1 specifies to report inspection results
to Airbus within a certain compliance time.
For this AD, report inspection results at the
applicable time specified in paragraph
(h)(2)(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 90 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
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within 90 days after the effective date of this
AD.
(3) Where paragraph (2) of EASA AD 2020–
0139R1 refers to ‘‘deficiencies,’’ for this AD,
deficiencies include broken sealant and bush
migration.
(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 local Flight Standards
District 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: 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 local flight
standards district office/certificate holding
district 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): For any
service information referenced in EASA AD
2020–0139R1 that contains RC procedures
and tests: Except as required by paragraph
(i)(2) of this AD, RC 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.
(4) Paperwork Reduction Act Burden
Statement: A federal agency may not conduct
or sponsor, and a person is not required to
respond to, nor shall a person be subject to
a 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 OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, searching existing data sources,
gathering and maintaining the data needed,
and completing and reviewing the collection
of information. All responses to this
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16:24 Mar 25, 2021
Jkt 253001
collection of information are mandatory as
required by this AD. Send comments
regarding this burden estimate or any other
aspect of this collection of information,
including suggestions for reducing this
burden to Information Collection Clearance
Officer, Federal Aviation Administration,
10101 Hillwood Parkway, Fort Worth, TX
76177–1524.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0696; Product
Identifier 2018–SW–019–AD; Amendment
39–21485; AD 2021–07–08]
RIN 2120–AA64
(j) Related Information
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.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2020–0139R1, dated July 3, 2020.
(ii) [Reserved]
(3) For EASA AD 2020–0139R1, 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.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195. This material may be found
in the AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2020–0846.
(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 fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued on January 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–06251 Filed 3–25–21; 8:45 am]
BILLING CODE 4910–13–P
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16041
Airworthiness Directives; Airbus
Helicopters Deutschland GmbH (Type
Certificate Previously Held by
Eurocopter Deutschland GmbH and
Eurocopter Canada Ltd.) Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 97–26–02
for Eurocopter Deutschland GmbH
Model BO–105A, BO–105C, BO–105S,
BO–105LS A–1, and BO–105LS A–3
helicopters; and Eurocopter Canada Ltd.
Model BO–105LS A–3 helicopters. AD
97–26–02 required a repetitive visual
inspection for cracks in the ribbed area
of the main rotor (M/R) mast flange
(flange), and depending on the outcome,
replacing the M/R mast. This new AD
retains the requirements of AD 97–26–
02 and removes the reinforced M/R mast
from the applicability. This AD was
prompted by the determination that a
certain reinforced M/R mast is not
affected by the unsafe condition. The
actions of this AD are intended to
address an unsafe condition on these
products.
SUMMARY:
This AD is effective April 30,
2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 31, 1997 (62 FR 65749,
December 16, 1997).
ADDRESSES: For service information
identified in this final rule, contact
Airbus Helicopters, 2701 N Forum
Drive, Grand Prairie, TX 75052;
telephone 972–641–0000 or 800–232–
0323; fax 972–641–3775; or at https://
www.airbus.com/helicopters/services/
technical-support.html. You may view
this referenced service information at
the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX
76177. It is also available on the internet
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0696.
DATES:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
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]]>Agencies
[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Rules and Regulations]
[Pages 16038-16041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06251]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0846; Project Identifier MCAI-2020-00806-T;
Amendment 39-21411; AD 2021-03-08]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain
[[Page 16039]]
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by
reports of migration of the bushings of the horizontal tail plane (HTP)
lateral load fittings (LLFs) on the left- and right-hand sides during
flight test. This AD requires repetitive inspections for migration of
the bushings of the HTP LLFs on the left- and right-hand sides, and
terminating repair or modification of any affected bushing, 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 April 30, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 30,
2021.
ADDRESSES: For material 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-2020-0846.
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-2020-
0846; 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, 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: 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].
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0139R1, dated July 3, 2020
(EASA AD 2020-0139R1) (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.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A350-941 and -1041 airplanes. The NPRM published in the Federal
Register on September 22, 2020 (85 FR 59460). The NPRM was prompted by
reports of migration of the bushings of the HTP LLFs on the left- and
right-hand sides during flight test. The NPRM proposed to require
repetitive inspections for migration of the bushings of the HTP LLFs on
the left- and right-hand sides, and terminating repair or modification
of any affected bushing, as specified in an EASA AD.
The FAA is issuing this AD to address combined corrosion and
fatigue damage of the primary structure, possibly resulting in failure
of an HTP LLF and damage to adjacent structure, which could result in
reduced controllability of the airplane. See the MCAI for additional
background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to the comment.
Request To Clarify Inspection Intervals
The Air Line Pilots Association, International (ALPA) asked that
justification be provided for the inspection intervals differing
between aircraft variants. ALPA supports the basis of the AD, but
stated that due to the similarities between the affected aircraft and
the associated safety issue, the time frames should either be
consistent between affected aircraft, or a rationale should be provided
describing why different compliance time frames are adequate. ALPA
noted that the proposed AD adopts the required compliance time frames
in EASA AD 2020-0139R1, which require the inspections to be completed
at an interval of 6 years for Model A350-941 airplanes, and at
intervals of 5,500 flight cycles, 22,900 flight hours, or 6 years,
whichever occurs first, for Model A350-1041 airplanes.
The FAA agrees with the commenter that clarification is necessary.
The inspection intervals are different because although both Model
A350-941 and Model A350-1041 airplanes are affected by corrosion damage
of this primary structure, only Model A350-1041 airplanes are suspected
to be at risk of fatigue damage to the affected area as well.
Therefore, the FAA has not changed this AD in this regard.
Clarification of Terminology
The FAA has added paragraph (h)(3) to this AD to clarify the
definition of ``deficiencies,'' which is used in EASA AD 2020-0139R1
but is not referred to in the service information referenced in EASA AD
2020-0139R1.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0139R1 describes procedures for repetitive detailed
inspections for deficiencies (e.g., broken sealant and migration) of
the bushings of the HTP LLF on the left- and right-hand sides; and
repair or modification of any affected bushing, which eliminates the
need for the repetitive inspections. 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 13 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 16040]]
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per
Labor cost Parts cost product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
10 work-hours x $85 per hour = $850........ $0 $850 $11,050 per inspection cycle.
----------------------------------------------------------------------------------------------------------------
The FAA estimates that it takes 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
$1,105, or $85 per product.
Estimated Costs for Optional Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
Up to 38 work-hours x $85 per hour $0 Up to $3,230.
= Up to $3,230.
------------------------------------------------------------------------
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:
2021-03-08 Airbus SAS: Amendment 39-21411; Docket No. FAA-2020-0846;
Project Identifier MCAI-2020-00806-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 30, 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 2020-0139R1, dated July 3,
2020 (EASA AD 2020-0139R1).
(d) Subject
Air Transport Association (ATA) of America Code 55, Stabilizers.
(e) Reason
This AD was prompted by reports of migration of the bushings of
the horizontal tail plane (HTP) lateral load fittings (LLFs) on the
left- and right-hand sides during flight test. The FAA is issuing
this AD to address combined corrosion and fatigue damage of the
primary structure, possibly resulting in failure of an HTP LLF and
damage to adjacent structure, which could result in reduced
controllability 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 2020-0139R1.
(h) Exceptions to EASA AD 2020-0139R1
(1) The ``Remarks'' section of EASA AD 2020-0139R1 does not
apply to this AD.
(2) Paragraph (6) of EASA AD 2020-0139R1 specifies to report
inspection results to Airbus within a certain compliance time. For
this AD, report inspection results at the applicable time specified
in paragraph (h)(2)(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 90 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report
[[Page 16041]]
within 90 days after the effective date of this AD.
(3) Where paragraph (2) of EASA AD 2020-0139R1 refers to
``deficiencies,'' for this AD, deficiencies include broken sealant
and bush migration.
(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 local Flight
Standards District 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: [email protected]. 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.
(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): For any service information
referenced in EASA AD 2020-0139R1 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
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.
(4) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a 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 OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
All responses to this collection of information are mandatory as
required by this AD. Send comments regarding this burden estimate or
any other aspect of this collection of information, including
suggestions for reducing this burden to Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
(j) Related Information
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].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2020-0139R1,
dated July 3, 2020.
(ii) [Reserved]
(3) For EASA AD 2020-0139R1, 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.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0846.
(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
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on January 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-06251 Filed 3-25-21; 8:45 am]
BILLING CODE 4910-13-P
