Airworthiness Directives; Airbus SAS Airplanes, 6795-6798 [2022-02320]
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Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Proposed Rules
Issue 2: DOE requests comment on whether
the presence of a thermostat would indicate
that a hearth product is intended to provide
heat to the space in which it is installed
rather than being purely decorative.
Issue 3: DOE seeks feedback from
interested parties on its proposed definition
for ‘‘outdoor heater.’’
Issue 4: DOE requests comment on whether
outdoor hearth products exist that are
designed to provide a large amount of heat
as their primary function, and thus would
meet the definition of outdoor heater.
Issue 5: DOE seeks feedback from
interested parties on it proposed scope of
coverage of miscellaneous gas products,
which would include decorative hearth
products and outdoor heaters.
Issue 6: DOE requests comment on whether
propane-fueled decorative hearth products
and outdoor heaters should be within the
scope of this coverage determination.
Issue 7: DOE requests comment on whether
unvented hearth products designed for
indoor installation exist that are designed to
be purely decorative, or if an unvented
hearth product would always provide enough
heat to the space in which it is installed to
be classified as an unvented heater. If such
products exist, DOE seeks information on the
features or characteristics that differentiate
them from unvented heaters.
Issue 8: DOE requests comment on the
assumption that burner operating hours for
outdoor heaters are similar to the main
burner operating hours of decorative hearths.
In addition, DOE requests any data available
regarding the operating hours of outdoor
heaters.
Issue 9: DOE requests feedback on the
breakdown of ignition systems for outdoor
heaters as well as any data on standing pilot
operating hours for outdoor heaters.
Issue 10: DOE requests comment on
whether classifying miscellaneous gas
products as a covered product is necessary or
appropriate to carry out the purposes of
EPCA.
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DOE is interested in receiving views
concerning other relevant issues that
participants believe would affect its
ability to establish test procedures and
energy conservation standards for
miscellaneous gas products, which
include decorative hearths and outdoor
heaters.
After the expiration of the period for
submitting written statements, DOE will
consider all comments and additional
information that is obtained from
interested parties or through further
analyses, and it will prepare a final
determination.
VIII. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this notification of
proposed determination.
Signing Authority
This document of the Department of
Energy was signed on January 31, 2022,
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by Kelly J. Speakes-Backman, Principal
Deputy Assistant Secretary for Energy
Efficiency and Renewable Energy,
pursuant to delegated authority from the
Secretary of Energy. That document
with the original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on February 1,
2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2022–02386 Filed 2–4–22; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–0089; Project
Identifier MCAI–2021–01027–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
supersede Airworthiness Directive (AD)
2021–14–17, which applies to certain
Airbus SAS Model A350–941 and –1041
airplanes. AD 2021–14–17 requires
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. Since the
FAA issued AD 2021–14–17, the FAA
has determined that new or more
restrictive airworthiness limitations are
necessary. This proposed AD would
require 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
proposed for incorporation by reference.
The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
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The FAA must receive comments
on this proposed AD by March 24, 2022.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 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: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For material that will be incorporated
by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49
221 8999 000; email 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–2022–
0089.
DATES:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2022–
0089; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer, Large
Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3225; email
dan.rodina@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
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arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2022–0089; Project Identifier
MCAI–2021–01027–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.
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Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Dan Rodina,
Aerospace Engineer, Large Aircraft
Section, International Validation
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax
206–231–3225; email dan.rodina@
faa.gov. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Discussion
The FAA issued AD 2021–14–17,
Amendment 39–21644 (86 FR 37891,
July 19, 2021) (AD 2021–14–17) for
certain Airbus SAS Model A350–941
and –1041 airplanes. AD 2021–14–17
requires revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
The FAA issued AD 2021–14–17 to
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address reduced structural integrity of
the airplane.
to exist or develop on other products of
the same type design.
Actions Since AD 2021–14–17 Was
Issued
Proposed AD Requirements
Since the FAA issued AD 2021–14–
17, the FAA has determined that new or
more restrictive airworthiness
limitations are necessary.
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2021–0207,
dated September 15, 2021 (EASA AD
2021–0207) (also referred to as the
Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an
unsafe condition for all Airbus SAS
Model A350–941 and –1041 airplanes.
Airplanes with an original
airworthiness certificate or original
export certificate of airworthiness
issued after June 30, 2021, must comply
with the airworthiness limitations
specified as part of the approved type
design and referenced on the type
certificate data sheet; this proposed AD
therefore does not include those
airplanes in the applicability.
This proposed AD was prompted by
a determination that new or more
restrictive airworthiness limitations are
necessary. The FAA is proposing this
AD to address reduced structural
integrity of the airplane. See the MCAI
for additional background information.
Related Service Information Under 1
CFR Part 51
EASA AD 2021–0207 describes new
or more restrictive airworthiness
limitations for airplane structures and
safe life limits.
This AD would also require EASA AD
2020–0210, dated October 5, 2020,
which the Director of the Federal
Register approved for incorporation by
reference as of August 23, 2021 (86 FR
37891, July 19, 2021).
This material is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is proposing this AD
because the FAA has evaluated all
pertinent information and determined
an unsafe condition exists and is likely
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This proposed AD would retain the
requirements of AD 2021–14–17. This
proposed AD would also require
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations, which are
specified in EASA AD 2021–0207
described previously, as incorporated by
reference. Any differences with EASA
AD 2021–0207 are identified as
exceptions in the regulatory text of this
AD.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections). Compliance
with these actions is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired
in the areas addressed by this proposed
AD, the operator may not be able to
accomplish the actions described in the
revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator
must request approval for an alternative
method of compliance according to
paragraph (m)(1) of this proposed AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate EASA AD 2021–0207 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2021–0207
in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
EASA AD 2021–0207 does not mean
that operators need comply only with
that section. For example, where the AD
requirement refers to ‘‘all required
actions and compliance times,’’
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in EASA AD 2021–0207.
Service information required by EASA
AD 2021–0207 for compliance will be
available at https://www.regulations.gov
by searching for and locating Docket No.
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The FAA estimates the total cost per
operator for the new proposed actions to
be $7,650 (90 work-hours × $85 per
work-hour).
FAA–2022–0089 after the FAA final
rule is published.
Airworthiness Limitation ADs Using
the New Process
The FAA’s process of incorporating
by reference MCAI ADs as the primary
source of information for compliance
with corresponding FAA ADs has been
limited to certain MCAI ADs (primarily
those with service bulletins as the
primary source of information for
accomplishing the actions required by
the FAA AD). However, the FAA is now
expanding the process to include MCAI
ADs that require a change to
airworthiness limitation documents,
such as airworthiness limitation
sections.
For these ADs that incorporate by
reference an MCAI AD that changes
airworthiness limitations, the FAA
requirements are unchanged. Operators
must revise the existing maintenance or
inspection program, as applicable, to
incorporate the information specified in
the new airworthiness limitation
document. The airworthiness
limitations must be followed according
to 14 CFR 91.403(c) and 91.409(e).
The previous format of the
airworthiness limitation ADs included a
paragraph that specified that no
alternative actions (e.g., inspections) or
intervals may be used unless the actions
and intervals are approved as an
alternative method of compliance
(AMOC) in accordance with the
procedures specified in the AMOCs
paragraph under ‘‘Other FAA
Provisions.’’ This new format includes a
‘‘New Provisions for Alternative Actions
and Intervals’’ paragraph that does not
specifically refer to AMOCs, but
operators may still request an AMOC to
use an alternative action or interval.
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Costs of Compliance
The FAA estimates that this proposed
AD affects 15 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
The FAA estimates the total cost per
operator for the retained actions from
AD 2021–14–17 to be $7,650 (90 workhours × $85 per work-hour).
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.
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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
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) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The 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:
■
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Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2021–14–17, Amendment 39–
21644 (86 FR 37891, July 19, 2021); and
■ b. Adding the following new AD:
■
■
Airbus SAS: Docket No. FAA–2022–0089;
Project Identifier MCAI–2021–01027–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by March 24,
2022.
(b) Affected ADs
This AD replaces AD 2021–14–17,
Amendment 39–21644 (86 FR 37891, July 19,
2021) (AD 2021–14–17).
(c) Applicability
This AD applies to Airbus SAS Model
A350–941 and –1041 airplanes, certificated
in any category, with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before June 30, 2021.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address reduced structural
integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Maintenance or Inspection
Program Revision, With No Changes
This paragraph restates the requirements of
paragraph (g) of AD 2021–14–17, with no
changes. For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before May 29, 2020: Except as specified in
paragraph (h) of this AD, comply with all
required actions and compliance times
specified in, and in accordance with,
European Union Aviation Safety Agency
(EASA) AD 2020–0210, dated October 5,
2020 (EASA AD 2020–0210). Accomplishing
the revision of the existing maintenance or
inspection program required by paragraph (j)
of this AD terminates the requirements of this
paragraph.
(h) Retained Exceptions to EASA AD 2020–
0210, With No Changes
This paragraph restates the requirements of
paragraph (h) of AD 2021–14–17, with no
changes. For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before May 29, 2020:
(1) Where EASA AD 2020–0210 refers to its
effective date, this AD requires using August
23, 2021 (the effective date of AD 2021–14–
17).
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(2) The requirements specified in
paragraphs (1) and (2) of EASA AD 2020–
0210 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2020–0210
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 August 23,
2021 (the effective date of AD 2021–14–17).
(4) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
2020–0210 is at the ‘‘applicable thresholds’’
as incorporated by the requirements of
paragraph (3) of EASA AD 2020–0210, or
within 90 days after August 23, 2021 (the
effective date of AD 2021–14–17), whichever
occurs later.
(5) The provisions specified in paragraphs
(4) and (5) of EASA AD 2020–0210 do not
apply to this AD.
(6) The ‘‘Remarks’’ section of EASA AD
2020–0210 does not apply to this AD.
(i) Retained Provisions for Alternative
Actions or Intervals, With a New Exception
This paragraph restates the requirements of
paragraph (i) of AD 2021–14–17, with a new
exception. For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before May 29, 2020: Except as required by
paragraph (j) of this AD, after the existing
maintenance or inspection program has been
revised as required by paragraph (g) of this
AD, no alternative actions (e.g., inspections)
or intervals are allowed unless they are
approved as specified in the provisions of the
‘‘Ref. Publications’’ section of EASA AD
2020–0210.
(j) New Maintenance or Inspection Program
Revision
Except as specified in paragraph (k) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2021–0207,
dated September 15, 2021 (EASA AD 2021–
0207). Accomplishing the revision of the
existing maintenance or inspection program
required by this paragraph terminates the
requirements of paragraph (g) of this AD.
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(k) Exceptions to EASA AD 2021–0207
(1) Where EASA AD 2021–0207 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The requirements specified in
paragraphs (1) and (2) of EASA AD 2021–
0207 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2021–0207
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.
(4) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2021–0207 is at the applicable
‘‘thresholds’’ as incorporated by the
requirements of paragraph (3) of EASA AD
2021–0207, or within 90 days after the
effective date of this AD, whichever occurs
later.
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(5) The provisions specified in paragraphs
(4) and (5) of EASA AD 2021–0207 do not
apply to this AD.
(6) The ‘‘Remarks’’ section of EASA AD
2021–0207 does not apply to this AD.
(l) New Provisions for Alternative Actions
and Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (j) of this AD, no
alternative actions (e.g., inspections) and
intervals are allowed unless they are
approved as specified in the provisions of the
‘‘Ref. Publications’’ section of EASA AD
2021–0207.
(m) 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 (n)(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
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.
(n) Related Information
(1) For information about EASA AD 2020–
0210 and AD 2021–0207, 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, 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–2022–0089.
(2) For more information about this AD,
contact Dan Rodina, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3225; email dan.rodina@
faa.gov.
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Issued on January 31, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–02320 Filed 2–4–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–0087; Project
Identifier MCAI–2021–01025–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
supersede Airworthiness Directive (AD)
2020–21–06, which applies to certain
Airbus SAS Model A350–941 and –1041
airplanes. AD 2020–21–06 requires
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. Since the
FAA issued AD 2020–21–06, the FAA
has determined that new or more
restrictive airworthiness limitations are
necessary. This proposed AD would
revise the applicability by adding
airplanes and require 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 proposed for incorporation
by reference. The FAA is proposing this
AD to address the unsafe condition on
these products.
DATES: The FAA must receive comments
on this proposed AD by March 24, 2022.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 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: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
SUMMARY:
E:\FR\FM\07FEP1.SGM
07FEP1
]]>Agencies
[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Proposed Rules]
[Pages 6795-6798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02320]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0089; Project Identifier MCAI-2021-01027-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2021-14-17, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2021-14-17 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. Since the FAA issued AD
2021-14-17, the FAA has determined that new or more restrictive
airworthiness limitations are necessary. This proposed AD would require
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 proposed for incorporation by reference. The FAA is proposing this
AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by March 24,
2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For material that will be incorporated by reference (IBR) in this
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call 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-2022-0089.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0089; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225; email
[email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
[[Page 6796]]
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0089; Project Identifier
MCAI-2021-01027-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Dan
Rodina, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3225; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Discussion
The FAA issued AD 2021-14-17, Amendment 39-21644 (86 FR 37891, July
19, 2021) (AD 2021-14-17) for certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2021-14-17 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. The FAA issued AD 2021-14-
17 to address reduced structural integrity of the airplane.
Actions Since AD 2021-14-17 Was Issued
Since the FAA issued AD 2021-14-17, the FAA has determined that new
or more restrictive airworthiness limitations are necessary.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0207, dated September 15, 2021
(EASA AD 2021-0207) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A350-941 and -1041 airplanes.
Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after June 30, 2021, must
comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this proposed AD therefore does not include those airplanes in the
applicability.
This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address reduced structural integrity of the
airplane. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0207 describes new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
This AD would also require EASA AD 2020-0210, dated October 5,
2020, which the Director of the Federal Register approved for
incorporation by reference as of August 23, 2021 (86 FR 37891, July 19,
2021).
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA has
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Proposed AD Requirements
This proposed AD would retain the requirements of AD 2021-14-17.
This proposed AD would also require revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, which are specified in EASA AD
2021-0207 described previously, as incorporated by reference. Any
differences with EASA AD 2021-0207 are identified as exceptions in the
regulatory text of this AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(m)(1) of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0207 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0207 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0207 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0207. Service information required by EASA AD 2021-0207 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No.
[[Page 6797]]
FAA-2022-0089 after the FAA final rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in the AMOCs paragraph under
``Other FAA Provisions.'' This new format includes a ``New Provisions
for Alternative Actions and Intervals'' paragraph that does not
specifically refer to AMOCs, but operators may still request an AMOC to
use an alternative action or interval.
Costs of Compliance
The FAA estimates that this proposed AD affects 15 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2021-14-17 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2021-14-17, Amendment 39-21644
(86 FR 37891, July 19, 2021); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2022-0089; Project Identifier MCAI-2021-
01027-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 24, 2022.
(b) Affected ADs
This AD replaces AD 2021-14-17, Amendment 39-21644 (86 FR 37891,
July 19, 2021) (AD 2021-14-17).
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before June 30, 2021.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Maintenance or Inspection Program Revision, With No
Changes
This paragraph restates the requirements of paragraph (g) of AD
2021-14-17, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before May 29, 2020: Except as specified
in paragraph (h) of this AD, comply with all required actions and
compliance times specified in, and in accordance with, European
Union Aviation Safety Agency (EASA) AD 2020-0210, dated October 5,
2020 (EASA AD 2020-0210). Accomplishing the revision of the existing
maintenance or inspection program required by paragraph (j) of this
AD terminates the requirements of this paragraph.
(h) Retained Exceptions to EASA AD 2020-0210, With No Changes
This paragraph restates the requirements of paragraph (h) of AD
2021-14-17, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before May 29, 2020:
(1) Where EASA AD 2020-0210 refers to its effective date, this
AD requires using August 23, 2021 (the effective date of AD 2021-14-
17).
[[Page 6798]]
(2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0210 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2020-0210 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 August 23, 2021 (the effective
date of AD 2021-14-17).
(4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2020-0210 is at the ``applicable thresholds''
as incorporated by the requirements of paragraph (3) of EASA AD
2020-0210, or within 90 days after August 23, 2021 (the effective
date of AD 2021-14-17), whichever occurs later.
(5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0210 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2020-0210 does not apply
to this AD.
(i) Retained Provisions for Alternative Actions or Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (i) of AD
2021-14-17, with a new exception. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before May 29, 2020: Except as required
by paragraph (j) of this AD, after the existing maintenance or
inspection program has been revised as required by paragraph (g) of
this AD, no alternative actions (e.g., inspections) or intervals are
allowed unless they are approved as specified in the provisions of
the ``Ref. Publications'' section of EASA AD 2020-0210.
(j) New Maintenance or Inspection Program Revision
Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0207, dated September 15, 2021 (EASA
AD 2021-0207). Accomplishing the revision of the existing
maintenance or inspection program required by this paragraph
terminates the requirements of paragraph (g) of this AD.
(k) Exceptions to EASA AD 2021-0207
(1) Where EASA AD 2021-0207 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0207 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2021-0207 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.
(4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2021-0207 is at the applicable
``thresholds'' as incorporated by the requirements of paragraph (3)
of EASA AD 2021-0207, or within 90 days after the effective date of
this AD, whichever occurs later.
(5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2021-0207 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2021-0207 does not apply
to this AD.
(l) New Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2021-0207.
(m) 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 (n)(2) of
this AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
(n) Related Information
(1) For information about EASA AD 2020-0210 and AD 2021-0207,
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-
2022-0089.
(2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3225; email [email protected].
Issued on January 31, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02320 Filed 2-4-22; 8:45 am]
BILLING CODE 4910-13-P
