AD 2021-04-14 ACTIVE

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 and A350-1041 airplanes. This AD was prompted by reports that suitable corrosion protection treatment had not been applied to certain areas of the seat track. This AD requires a one-time detailed inspection of the seat tracks between certain frames for suitable corrosion protection or presence of corrosion, and on- condition actions if necessary, 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\n2021-04-14 Airbus SAS: Amendment 39-21435; Docket No. FAA-2020-1106; Project Identifier MCAI-2020-01065-T. \n\n(a) Effective Date \n\n\n\tThis airworthiness directive (AD) is effective April 9, 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 A350-1041 airplanes, certificated in any category, as identified in European Union Aviation Safety Agency (EASA) AD 2020-0166, dated July 27, 2020 (EASA AD 2020-0166). \n\n(d) Subject \n\n\n\tAir Transport Association (ATA) of America Code 53, Fuselage.(e) Reason \n\n\n\tThis AD was prompted by reports that suitable corrosion protection treatment had not been applied to certain areas of the seat track. The FAA is issuing this AD to address a potential structural deficiency at certain seat track locations, providing insufficient resistance to environmental damage. This condition, if not addressed, could lead to seat or monument detachment during an emergency landing, possibly resulting in injury to occupants and preventing safe evacuation from 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, EASA AD 2020-0166. \n\n(h) Exceptions to EASA AD 2020-0166 \n\n\n\t(1) Where EASA AD 2020-0166 refers to its effective date, this AD requires using the effective date of this AD. \n\t(2) The ''Remarks'' section ofEASA AD 2020-0166 does not apply to this AD. \n\t(3) Where paragraph (2) of EASA AD 2020-0166 refers to ''deficiencies,'' for this AD deficiencies include unsuitable corrosion protection or presence of corrosion. \n\n(i) No Reporting Requirement \n\n\n\tAlthough the service information referenced in EASA AD 2020-0166 specifies to submit certain information to the manufacturer, this AD does not include that requirement. \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 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\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 Information \n\n\n\tFor 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 2020-0166, dated July 27, 2020 (EASA AD 2020-0166). \n\t(ii) (Reserved) \n\t(3) For EASA AD 2020-0166, 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. \n\t(4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. This material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-1106. \n\t(5) You may view this material that is incorporated by reference at the National Archives and Records Administration \n\n((Page 12807)) \n\n(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 February 9, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. (FR Doc. 2021-04350 Filed 3-4-21; 8:45 am) BILLING CODE 4910-13-P

Background\n\n The EASA, which is the Technical Agent for the Member States of the \nEuropean Union, has issued EASA AD 2020-0166, dated July 27, 2020 (EASA \nAD 2020-0166) (also referred to as the Mandatory Continuing \nAirworthiness Information, or the MCAI), to correct an unsafe condition \nfor certain Airbus SAS Model A350-941 and A350-1041 airplanes.\n The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 \nCFR part 39 by adding an AD that would apply to certain Airbus SAS \nModel A350-941 and A350-1041 airplanes. The NPRM published in the \nFederal Register on December 4, 2020 (85 FR 78279). The NPRM was \nprompted by reports that suitable corrosion protection treatment had \nnot been applied to certain areas of the seat track. The NPRM proposed \nto require a one-time detailed inspection of the seat tracks between \ncertain frames for suitable corrosion protection or presence of \ncorrosion, and on-condition actions if necessary, as specified in EASA \nAD 2020-0166.\n The FAA is issuing this AD to address a potential structural \ndeficiency at certain seat track locations, providing insufficient \nresistance to environmental damage. This condition, if not addressed, \ncould lead to seat or monument detachment during an emergency landing, \npossibly resulting in injury to occupants and preventing safe \nevacuation from the airplane. See the MCAI for additional background \ninformation.\n\nComments\n\n The FAA gave the public the opportunity to participate in \ndeveloping this final rule. The FAA received no comments on the NPRM or \non the determination of the cost to the public.\n\nClarification of Terminology\n\n The FAA has added paragraph (h)(3) to this AD to clarify the \ndefinition of ''deficiencies,'' which is used in EASA AD 2020-0166 but \nis not referred to in the service information referenced in EASA AD \n2020-0166.\n\nConclusion\n\n The FAA reviewed the relevant data and determined that air safety \nand the public interest require adopting this final rule with the \nchange described previously and minor editorial changes. The FAA has \ndetermined that these minor changes:\n Are consistent with the intent that was proposed in the \nNPRM for addressing the unsafe condition; and\n Do not add any additional burden upon the public than was \nalready proposed in the NPRM.\n The FAA also determined that these changes will not increase the \neconomic burden on any operator or increase the scope of this final \nrule.\n\nRelated Service Information Under 1 CFR Part 51\n\n EASA AD 2020-0166 describes procedures for a one-time detailed \ninspection of the seat tracks between certain frames for suitable \ncorrosion protection or presence of corrosion, and on-condition actions \nif necessary. On-condition actions include applying protection, \nremoving corrosion, measuring the dimensions of the seat rails, and \nperforming a splice repair.\n This material is reasonably available because the interested \nparties have access to it through their normal course of business or by \nthe means identified in the ADDRESSES section.\n\nCosts of Compliance\n\n The FAA estimates that this AD affects 5 airplanes of U.S. \nregistry. The FAA estimates the following costs to comply with this AD:\n\n Estimated Costs for Required Actions\n----------------------------------------------------------------------------------------------------------------\n Cost per Cost on U.S.\n Labor cost Parts cost product operators\n----------------------------------------------------------------------------------------------------------------\n14 work-hours x $85 per hour = $1,190........................ $0 $1,190 $5,950\n----------------------------------------------------------------------------------------------------------------\n\n The FAA estimates the following costs to do any necessary on-\ncondition actions that would be required based on the results of any \nrequired actions. The FAA has no way of determining the number of \naircraft that might need these on-condition actions:\n\n Estimated Costs of On-Condition Actions\n------------------------------------------------------------------------\n Cost per\n Labor cost Parts cost product\n------------------------------------------------------------------------\n6 work-hours x $85 per hour = $510.... $0 $510\n------------------------------------------------------------------------\n\n According to the manufacturer, some or all of the costs of this AD \nmay be covered under warranty, thereby reducing the cost impact on \naffected operators. The FAA does not control warranty coverage for \naffected operators. As a result, the FAA has included all known costs \nin the cost estimate.\n\nAuthority for This Rulemaking\n\n Title 49 of the United States Code specifies the FAA's authority to \nissue rules on aviation safety. Subtitle I, section 106, describes the \nauthority of\n\n((Page 12806))\n\nthe FAA Administrator. Subtitle VII: Aviation Programs, describes in \nmore detail the scope of the Agency's authority.\n The FAA is issuing this rulemaking under the authority described in \nSubtitle VII, Part A, Subpart III, Section 44701: General requirements. \nUnder that section, Congress charges the FAA with promoting safe flight \nof civil aircraft in air commerce by prescribing regulations for \npractices, methods, and procedures the Administrator finds necessary \nfor safety in air commerce. This regulation is within the scope of that \nauthority because it addresses an unsafe condition that is likely to \nexist or develop on products identified in this rulemaking action.\n\nRegulatory Findings\n\n This AD will not have federalism implications under Executive Order \n13132. This AD will not have a substantial direct effect on the States, \non the relationship between the national government and the States, or \non the distribution of power and responsibilities among the various \nlevels of government.\n For the reasons discussed above, I certify that this AD:\n (1) Is not a ''significant regulatory action'' under Executive \nOrder 12866,\n (2) Will not affect intrastate aviation in Alaska, and\n (3) Will not have a significant economic impact, positive or \nnegative, on a substantial number of small entities under the criteria \nof the Regulatory Flexibility Act.\n\nList of Subjects in 14 CFR Part 39\n\n Air transportation, Aircraft, Aviation safety, Incorporation by \nreference, Safety.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 9, 2021. \n\nADDRESSES: For material incorporated by reference (IBR) in this AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-1106. \n\nExamining the AD Docket \n\n\n\tYou may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020- 1106; 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.

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.