AD 2021-14-17

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. The FAA is issuing this AD to address the unsafe condition on these products.

Final rule.

Adoption of the Amendment \n\n\n\tAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n0 1. The authority citation for part 39 continues to read as follows: \n\n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\n\n\nSec. 39.13 (Amended) \n\n0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive: \n\n2021-14-17 Airbus SAS: Amendment 39-21644; Docket No. FAA-2021-0125; Project Identifier MCAI-2020-01366-T. \n\n(a) Effective Date \n\n\n\tThis airworthiness directive (AD) is effective August 23, 2021. \n\n(b) Affected ADs \n\n\n\tNone. \n\n(c) Applicability \n\n\n\tThis 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 May 29, 2020. \n\n(d) Subject \n\n\n\tAir Transport Association (ATA) of America Code 05, Time Limits/ Maintenance Checks. \n\n(e) Reason \n\n\n\tThis 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. \n\n(f) Compliance \n\n\n\tComply with this AD within the compliance times specified, unless already done. \n\n(g) Requirements \n\n\n\tExcept 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). \n\n(h) Exceptions to EASA AD 2020-0210 \n\n\n\t(1) Where EASA AD 2020-0210 refers to its effective date, this AD requires using the effective date of this AD. \n\t(2) The requirements specified in paragraphs (1) and (2) of EASA AD 2020-0210 do not apply to this AD. \n\t(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 the effective date of this AD. \n\t(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 the effective date of this AD, whichever occurs later. \n\t(5) The provisions specified in paragraphs (4) and (5) of EASA AD 2020-0210 do not apply to this AD. \n\t(6) The ''Remarks'' section of EASA AD 2020-0210 does not apply to this AD. \n\n(i) Provisions for Alternative Actions or Intervals \n\n\n\tAfter 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. \n\n(j) Other FAA AD Provisions \n\n\n\tThe following provisions also apply to this AD: \n\t(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 (k) of this AD. Information may be emailed to: 9-AVS-AIR-730-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. \n\t(2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a methodapproved 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\t(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. \n\n(k) Related InformationFor more information about this AD, contact Kathleen Arrigotti, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3218; email kathleen.arrigotti@faa.gov. \n\n(l) Material Incorporated by Reference \n\n\n\t(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. \n\t(2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. \n\t(i) European Union Aviation Safety Agency (EASA) AD 2020-0210, dated October 5, 2020. \n\t(ii) (Reserved) \n\t(3) For EASA AD 2020-0210, contact 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. \n\t(4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des \n\n((Page 37893)) \n\nMoines, 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-2021-0125. \n\t(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. \n\n\n\tIssued on July 2, 2021. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. (FR Doc. 2021-15158 Filed 7-16-21; 8:45 am) BILLING CODE 4910-13-P

Background \n\n\n\tEASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2020-0210, dated October 5, 2020 (EASA AD 2020-0210) (also referred to after this as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes. \n\tThe 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 February 26, 2021 (86 FR 11664). 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 2020-0210. \n\tThe FAA is issuing this AD to address reduced structural integrity of the airplane. See the MCAI for additional background information. \n\nComments \n\n\n\tThe FAA gave the public the opportunity to participate in developing this final rule. The FAA received no comments on the NPRM or on the determination of the cost to the public. \n\nConclusion \n\n\n\tThe FAA reviewed the relevant data 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: \n\tAre consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and \n\tDo not add any additional burden upon the public than was already proposed in the NPRM. \n\nRelated Service Information Under 1 CFR Part 51 \n\n\n\tEASA AD 2020-0210 specifies procedures for new or more restrictive airworthiness limitations for airplane structures and safe life limits. 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. \n\nCosts of Compliance \n\n\n\tThe FAA estimates that this AD affects 15 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: \n\tThe 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). \n\nAuthority for This Rulemaking \n\n\n\tTitle 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. \n\n((Page 37892)) \n\n\n\tThe 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. \n\nRegulatory Findings \n\n\n\tThis 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a ''significant regulatory action'' under Executive Order 12866, \n\t(2) Will not affect intrastate aviation in Alaska, and \n\t(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. \n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.