Airworthiness Directives; Airbus SAS Airplanes, 40932-40934 [2021-16241]
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40932
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this service information
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/ibrlocations.html.
Issued on June 18, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–16174 Filed 7–29–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Examining the AD Docket
14 CFR Part 39
[Docket No. FAA–2021–0193; Project
Identifier MCAI–2020–01612–T; Amendment
39–21585; AD 2021–11–23]
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
Airbus SAS Model A350–941 and –1041
airplanes. This AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. This AD requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference.
This AD also requires, for certain
airplanes, an update of the hydraulic
monitoring system to include additional
redundancy. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective September 3,
2021.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of September 3, 2021.
ADDRESSES: For EASA material
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
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SUMMARY:
VerDate Sep<11>2014
16:28 Jul 29, 2021
www.easa.europa.eu. You may find this
IBR material on the EASA website at
https://ad.easa.europa.eu. For Airbus
SAS service information identified in
this AD, contact Airbus SAS,
Airworthiness Office—EAL, Rond-Point
Emile Dewoitine No: 2, 31700 Blagnac
Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 45 80; email
continued-airworthiness.a350@
airbus.com; internet https://
www.airbus.com. 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–
0193.
Jkt 253001
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0193; 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;
Kathleen.Arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0268, dated December 4, 2020
(EASA AD 2020–0268) (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. EASA AD 2020–0268
refers to Airbus A350 Airworthiness
Limitations Section (ALS), Part 5, ‘‘Fuel
Airworthiness Limitations (FAL),’’
Revision 04, dated May 29, 2020; and
Airbus A350 ALS Part 5, ‘‘Fuel
Airworthiness Limitations (FAL),’’
Variation 4.1, dated September 15, 2020.
Airplanes with an original airworthiness
certificate or original export certificate
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
of airworthiness issued after September
15, 2020, must comply with the
airworthiness limitations specified as
part of the approved type design and
referenced on the type certificate data
sheet; this AD therefore does not
include those airplanes in the
applicability.
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 March 26, 2021 (86 FR
16117). The NPRM was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. The NPRM proposed to
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations, as
specified in EASA AD 2020–0268. The
NPRM also proposed to require, for
certain airplanes, an update of the
hydraulic monitoring system to include
additional redundancy.
The FAA is issuing this AD to address
the overheat failure mode of the
hydraulic engine-driven pump (EDP),
which may cause a fast temperature rise
of the hydraulic fluid, and, if combined
with an inoperative fuel tank inerting
system, could lead to an uncontrolled
overheat of the hydraulic fluid, possibly
resulting in ignition of the fuel-air
mixture of the affected fuel tank. See the
MCAI for additional background
information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The FAA has considered
the comment received. The Air Line
Pilots Association, International (ALPA)
stated that it supports the NPRM.
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 as proposed, except for 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.
Related Service Information Under 1
CFR Part 51
EASA AD 2020–0268 describes new
or more restrictive airworthiness
limitations related to fuel tank ignition
E:\FR\FM\30JYR1.SGM
30JYR1
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations
• Airbus Service Bulletin A350–29–
P025, dated August 10, 2020.
• Airbus Service Bulletin A350–29–
P027, dated November 24, 2020.
• Airbus Service Bulletin A350–29–
P029, dated December 16, 2020.
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.
prevention and fuel tank flammability
reduction.
This AD would also require
accomplishing a certain airworthiness
limitation using the following service
information. This service information
describes procedures for an update of
the hydraulic monitoring system to
include additional redundancy (i.e.,
modifying the case-drain filter
manifolds by installing new dual
temperature sensors on the hydraulic
EDP). These documents are distinct
since they apply to different airplane
models.
Costs of Compliance
The FAA estimates that this AD
affects 15 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
40933
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours 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. Therefore, the agency
estimates the average total cost per
operator to be $7,650 (90 work-hours ×
$85 per work-hour).
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Up to 510 work-hours × $85 per hour = Up to $43,350 ..........................................
Up to $29,320 ..
Up to $72,670 ........
According to the manufacturer, some
or all of the costs of this AD may be
covered under warranty, thereby
reducing the cost impact on affected
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.
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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.
VerDate Sep<11>2014
16:28 Jul 29, 2021
Jkt 253001
Cost on U.S.
operators
Up to $1,090,050.
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.
(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 after
September 15, 2020.
List of Subjects in 14 CFR Part 39
(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 the overheat failure mode
of the hydraulic engine-driven pump, which
may cause a fast temperature rise of the
hydraulic fluid, and, if combined with an
inoperative fuel tank inerting system, could
lead to an uncontrolled overheat of the
hydraulic fluid, possibly resulting in ignition
of the fuel-air mixture of the affected fuel
tank.
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:
■
2021–11–23 Airbus SAS: Amendment 39–
21585; Docket No. FAA–2021–0193;
Project Identifier MCAI–2020–01612–T.
(a) Effective Date
This airworthiness directive (AD) is
effective September 3, 2021.
(b) Affected ADs
None.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
checks; 29, Hydraulic power.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2020–0268, dated
December 4, 2020 (EASA AD 2020–0268).
(h) Exceptions to EASA AD 2020–0268
(1) Where Section 6 of the service
information referenced in EASA AD 2020–
0268 specifies to update the hydraulic
monitoring system ‘‘to include additional
redundancy to be installed (MOD 114073 and
MOD 114075 OR 114531 and MOD 114075
OR MOD 114533 and MOD 114075 OR MOD
114535 and MOD 114075),’’ this AD requires
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30JYR1
40934
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
that the update of the hydraulic monitoring
system be accomplished using the method of
compliance specified in paragraphs (h)(1)(i)
through (iv) of this AD, as applicable.
(i) For Model A350–941 airplanes
identified in Airbus Service Bulletin A350–
29–P025 (MOD 114531 and MOD 114075):
The modification must be done in
accordance with paragraphs 3.C., 3.D., and
3.E. of the Accomplishment Instructions of
Airbus Service Bulletin A350–29–P025,
dated August 10, 2020.
(ii) For Model A350–941 airplanes
identified in Airbus Service Bulletin A350–
29–P027 (MOD 114533 and MOD 114075):
The modification must be done in
accordance with paragraphs 3.C., 3.D., and
3.E. of the Accomplishment Instructions of
Airbus Service Bulletin A350–29–P027,
dated November 24, 2020.
(iii) For Model A350–941 airplanes
identified in Airbus Service Bulletin A350–
29–P029 (MOD 114535 and MOD 114075):
The modification must be done in
accordance with paragraphs 3.C., 3.D., and
3.E. of the Accomplishment Instructions of
Airbus Service Bulletin A350–29–P029,
dated December 16, 2020.
(iv) For Model A350–941 airplanes not
identified in paragraphs (h)(1)(i) through (iii)
of this AD, and without MOD 114073 and
114075 installed in production: The
modification must be done 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.
(2) Where EASA AD 2020–0268 refers to its
effective date, this AD requires using the
effective date of this AD.
(3) The requirements specified in
paragraphs (1) and (2) of EASA AD 2020–
0268 do not apply to this AD.
(4) Paragraph (3) of EASA AD 2020–0268
specifies revising ‘‘the approved 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.
(5) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2020–0268 is at the applicable
‘‘thresholds’’ as incorporated by the
requirements of paragraph (3) of EASA AD
2020–0268, or within 90 days after the
effective date of this AD, whichever occurs
later.
(6) The provisions specified in paragraphs
(4) and (5) of EASA AD 2020–0268 do not
apply to this AD.
(7) The ‘‘Remarks’’ section of EASA AD
2020–0268 does not apply to this AD.
(i) Provisions for Alternative Actions,
Intervals, and Critical Design Configuration
Control Limitations (CDCCLs)
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections),
intervals, and CDCCLs are allowed unless
they are approved as specified in the
provisions of the ‘‘Ref. Publications’’ section
of EASA AD 2020–0268.
VerDate Sep<11>2014
16:28 Jul 29, 2021
Jkt 253001
(j) 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 (k) 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 DOA. If
approved by the DOA, the approval must
include the DOA-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (j)(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.
(3) For EASA AD 2020–0268, 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. For Airbus SAS service
information identified in this AD, contact
Airbus SAS, Airworthiness Office—EAL,
Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5 61
93 36 96; fax +33 5 61 93 45 80; email
continued-airworthiness.a350@airbus.com;
internet https://www.airbus.com.
(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–2021–0193.
(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.
(k) 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;
Kathleen.Arrigotti@faa.gov.
RIN 2120–AA64
(l) 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 2020–0268, dated December 4,
2020.
(ii) Airbus Service Bulletin A350–29–P025,
dated August 10, 2020.
(iii) Airbus Service Bulletin A350–29–
P027, dated November 24, 2020.
(iv) Airbus Service Bulletin A350–29–
P029, dated December 16, 2020.
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Fmt 4700
Sfmt 4700
Issued on May 21, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–16241 Filed 7–29–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0303; Project
Identifier MCAI–2020–01367–T; Amendment
39–21611; AD 2021–13–06]
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A350–941 and –1041
airplanes. This AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. This AD requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations, as specified in two
European Union Aviation Safety Agency
(EASA) ADs, which are incorporated by
reference. The FAA is issuing this AD
to address the unsafe condition on these
products.
SUMMARY:
E:\FR\FM\30JYR1.SGM
30JYR1
Agencies
[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Rules and Regulations]
[Pages 40932-40934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16241]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0193; Project Identifier MCAI-2020-01612-T;
Amendment 39-21585; AD 2021-11-23]
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 Airbus SAS Model A350-941 and -1041 airplanes. This AD was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. This AD requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is incorporated by
reference. This AD also requires, for certain airplanes, an update of
the hydraulic monitoring system to include additional redundancy. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective September 3, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 3,
2021.
ADDRESSES: For EASA 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. For Airbus SAS service information
identified in this AD, contact Airbus SAS, Airworthiness Office--EAL,
Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; internet https://www.airbus.com. 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-2021-0193.
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-
0193; 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 protected].
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0268, dated December 4, 2020
(EASA AD 2020-0268) (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. EASA AD 2020-
0268 refers to Airbus A350 Airworthiness Limitations Section (ALS),
Part 5, ``Fuel Airworthiness Limitations (FAL),'' Revision 04, dated
May 29, 2020; and Airbus A350 ALS Part 5, ``Fuel Airworthiness
Limitations (FAL),'' Variation 4.1, dated September 15, 2020. Airplanes
with an original airworthiness certificate or original export
certificate of airworthiness issued after September 15, 2020, must
comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this AD therefore does not include those airplanes in the
applicability.
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 March 26, 2021 (86 FR 16117). The NPRM was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. The NPRM proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in EASA AD
2020-0268. The NPRM also proposed to require, for certain airplanes, an
update of the hydraulic monitoring system to include additional
redundancy.
The FAA is issuing this AD to address the overheat failure mode of
the hydraulic engine-driven pump (EDP), which may cause a fast
temperature rise of the hydraulic fluid, and, if combined with an
inoperative fuel tank inerting system, could lead to an uncontrolled
overheat of the hydraulic fluid, possibly resulting in ignition of the
fuel-air mixture of the affected fuel tank. See the MCAI for additional
background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comment
received. The Air Line Pilots Association, International (ALPA) stated
that it supports the NPRM.
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 as proposed, except for 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.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0268 describes new or more restrictive airworthiness
limitations related to fuel tank ignition
[[Page 40933]]
prevention and fuel tank flammability reduction.
This AD would also require accomplishing a certain airworthiness
limitation using the following service information. This service
information describes procedures for an update of the hydraulic
monitoring system to include additional redundancy (i.e., modifying the
case-drain filter manifolds by installing new dual temperature sensors
on the hydraulic EDP). These documents are distinct since they apply to
different airplane models.
Airbus Service Bulletin A350-29-P025, dated August 10,
2020.
Airbus Service Bulletin A350-29-P027, dated November 24,
2020.
Airbus Service Bulletin A350-29-P029, dated December 16,
2020.
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 15 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
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. Therefore, the agency estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 510 work-hours x $85 per Up to $29,320.......... Up to $72,670............. Up to $1,090,050.
hour = Up to $43,350.
----------------------------------------------------------------------------------------------------------------
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected 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
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:
2021-11-23 Airbus SAS: Amendment 39-21585; Docket No. FAA-2021-0193;
Project Identifier MCAI-2020-01612-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 3,
2021.
(b) Affected ADs
None.
(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 after September 15, 2020.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance checks; 29, Hydraulic power.
(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 the overheat failure mode of the
hydraulic engine-driven pump, which may cause a fast temperature
rise of the hydraulic fluid, and, if combined with an inoperative
fuel tank inerting system, could lead to an uncontrolled overheat of
the hydraulic fluid, possibly resulting in ignition of the fuel-air
mixture of the affected fuel tank.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0268, dated December 4, 2020 (EASA AD 2020-0268).
(h) Exceptions to EASA AD 2020-0268
(1) Where Section 6 of the service information referenced in
EASA AD 2020-0268 specifies to update the hydraulic monitoring
system ``to include additional redundancy to be installed (MOD
114073 and MOD 114075 OR 114531 and MOD 114075 OR MOD 114533 and MOD
114075 OR MOD 114535 and MOD 114075),'' this AD requires
[[Page 40934]]
that the update of the hydraulic monitoring system be accomplished
using the method of compliance specified in paragraphs (h)(1)(i)
through (iv) of this AD, as applicable.
(i) For Model A350-941 airplanes identified in Airbus Service
Bulletin A350-29-P025 (MOD 114531 and MOD 114075): The modification
must be done in accordance with paragraphs 3.C., 3.D., and 3.E. of
the Accomplishment Instructions of Airbus Service Bulletin A350-29-
P025, dated August 10, 2020.
(ii) For Model A350-941 airplanes identified in Airbus Service
Bulletin A350-29-P027 (MOD 114533 and MOD 114075): The modification
must be done in accordance with paragraphs 3.C., 3.D., and 3.E. of
the Accomplishment Instructions of Airbus Service Bulletin A350-29-
P027, dated November 24, 2020.
(iii) For Model A350-941 airplanes identified in Airbus Service
Bulletin A350-29-P029 (MOD 114535 and MOD 114075): The modification
must be done in accordance with paragraphs 3.C., 3.D., and 3.E. of
the Accomplishment Instructions of Airbus Service Bulletin A350-29-
P029, dated December 16, 2020.
(iv) For Model A350-941 airplanes not identified in paragraphs
(h)(1)(i) through (iii) of this AD, and without MOD 114073 and
114075 installed in production: The modification must be done 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.
(2) Where EASA AD 2020-0268 refers to its effective date, this
AD requires using the effective date of this AD.
(3) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0268 do not apply to this AD.
(4) Paragraph (3) of EASA AD 2020-0268 specifies revising ``the
approved 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.
(5) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0268 is at the applicable
``thresholds'' as incorporated by the requirements of paragraph (3)
of EASA AD 2020-0268, or within 90 days after the effective date of
this AD, whichever occurs later.
(6) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0268 do not apply to this AD.
(7) The ``Remarks'' section of EASA AD 2020-0268 does not apply
to this AD.
(i) Provisions for Alternative Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs)
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2020-0268.
(j) 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 (k) 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 DOA. If approved by the DOA, the approval must include
the DOA-authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (j)(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.
(k) 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 protected].
(l) 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 2020-0268,
dated December 4, 2020.
(ii) Airbus Service Bulletin A350-29-P025, dated August 10,
2020.
(iii) Airbus Service Bulletin A350-29-P027, dated November 24,
2020.
(iv) Airbus Service Bulletin A350-29-P029, dated December 16,
2020.
(3) For EASA AD 2020-0268, 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. For Airbus
SAS service information identified in this AD, contact Airbus SAS,
Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93
45 80; email [email protected]; internet
https://www.airbus.com.
(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-2021-0193.
(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 May 21, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-16241 Filed 7-29-21; 8:45 am]
BILLING CODE 4910-13-P