AD 2021-03-08

[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Rules and Regulations]
[Pages 16038-16041]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-06251]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0846; Project Identifier MCAI-2020-00806-T; 
Amendment 39-21411; AD 2021-03-08]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain

[[Page 16039]]

Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by 
reports of migration of the bushings of the horizontal tail plane (HTP) 
lateral load fittings (LLFs) on the left- and right-hand sides during 
flight test. This AD requires repetitive inspections for migration of 
the bushings of the HTP LLFs on the left- and right-hand sides, and 
terminating repair or modification of any affected bushing, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective April 30, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 30, 
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#91d0d5e2d1f4f0e2f0bff4e4e3fee1f0bff4e4"><span class="__cf_email__" data-cfemail="7031340330151103115e1505021f00115e1505">[email&#160;protected]</span></a>; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2020-0846.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2020-
0846; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email <a href="/cdn-cgi/l/email-protection#adc6ccd9c5c1c8c8c383ccdfdfc4cac2d9d9c4edcbcccc83cac2db"><span class="__cf_email__" data-cfemail="2e454f5a46424b4b40004f5c5c4749415a5a476e484f4f00494158">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0139R1, dated July 3, 2020 
(EASA AD 2020-0139R1) (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A350-941 and -1041 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus SAS 
Model A350-941 and -1041 airplanes. The NPRM published in the Federal 
Register on September 22, 2020 (85 FR 59460). The NPRM was prompted by 
reports of migration of the bushings of the HTP LLFs on the left- and 
right-hand sides during flight test. The NPRM proposed to require 
repetitive inspections for migration of the bushings of the HTP LLFs on 
the left- and right-hand sides, and terminating repair or modification 
of any affected bushing, as specified in an EASA AD.
    The FAA is issuing this AD to address combined corrosion and 
fatigue damage of the primary structure, possibly resulting in failure 
of an HTP LLF and damage to adjacent structure, which could result in 
reduced controllability of the airplane. See the MCAI for additional 
background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comment received 
on the NPRM and the FAA's response to the comment.

Request To Clarify Inspection Intervals

    The Air Line Pilots Association, International (ALPA) asked that 
justification be provided for the inspection intervals differing 
between aircraft variants. ALPA supports the basis of the AD, but 
stated that due to the similarities between the affected aircraft and 
the associated safety issue, the time frames should either be 
consistent between affected aircraft, or a rationale should be provided 
describing why different compliance time frames are adequate. ALPA 
noted that the proposed AD adopts the required compliance time frames 
in EASA AD 2020-0139R1, which require the inspections to be completed 
at an interval of 6 years for Model A350-941 airplanes, and at 
intervals of 5,500 flight cycles, 22,900 flight hours, or 6 years, 
whichever occurs first, for Model A350-1041 airplanes.
    The FAA agrees with the commenter that clarification is necessary. 
The inspection intervals are different because although both Model 
A350-941 and Model A350-1041 airplanes are affected by corrosion damage 
of this primary structure, only Model A350-1041 airplanes are suspected 
to be at risk of fatigue damage to the affected area as well. 
Therefore, the FAA has not changed this AD in this regard.

Clarification of Terminology

    The FAA has added paragraph (h)(3) to this AD to clarify the 
definition of ``deficiencies,'' which is used in EASA AD 2020-0139R1 
but is not referred to in the service information referenced in EASA AD 
2020-0139R1.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule with the change described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0139R1 describes procedures for repetitive detailed 
inspections for deficiencies (e.g., broken sealant and migration) of 
the bushings of the HTP LLF on the left- and right-hand sides; and 
repair or modification of any affected bushing, which eliminates the 
need for the repetitive inspections. This material is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 13 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 16040]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                Cost per
                 Labor cost                    Parts cost        product            Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
10 work-hours x $85 per hour = $850........              $0            $850  $11,050 per inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates that it takes about 1 work-hour per product to 
comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost of reporting the inspection results on U.S. operators to be 
$1,105, or $85 per product.

                  Estimated Costs for Optional Actions
------------------------------------------------------------------------
            Labor cost                Parts cost      Cost per product
------------------------------------------------------------------------
Up to 38 work-hours x $85 per hour              $0  Up to $3,230.
 = Up to $3,230.
------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2021-03-08 Airbus SAS: Amendment 39-21411; Docket No. FAA-2020-0846; 
Project Identifier MCAI-2020-00806-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 30, 2021.

(b) Affected ADs

    None

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2020-0139R1, dated July 3, 
2020 (EASA AD 2020-0139R1).

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by reports of migration of the bushings of 
the horizontal tail plane (HTP) lateral load fittings (LLFs) on the 
left- and right-hand sides during flight test. The FAA is issuing 
this AD to address combined corrosion and fatigue damage of the 
primary structure, possibly resulting in failure of an HTP LLF and 
damage to adjacent structure, which could result in reduced 
controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2020-0139R1.

(h) Exceptions to EASA AD 2020-0139R1

    (1) The ``Remarks'' section of EASA AD 2020-0139R1 does not 
apply to this AD.
    (2) Paragraph (6) of EASA AD 2020-0139R1 specifies to report 
inspection results to Airbus within a certain compliance time. For 
this AD, report inspection results at the applicable time specified 
in paragraph (h)(2)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 90 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report

[[Page 16041]]

within 90 days after the effective date of this AD.
    (3) Where paragraph (2) of EASA AD 2020-0139R1 refers to 
``deficiencies,'' for this AD, deficiencies include broken sealant 
and bush migration.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the Large Aircraft Section, International Validation 
Branch, send it to the attention of the person identified in 
paragraph (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#fac3d7bbaca9d7bbb3a8d7cdc9cad7bbb7b5b9ba9c9b9bd49d958c"><span class="__cf_email__" data-cfemail="675e4a2631344a262e354a5054574a262a28242701060649000811">[email&#160;protected]</span></a>. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or Airbus 
SAS's EASA Design Organization Approval (DOA). If approved by the 
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information 
referenced in EASA AD 2020-0139R1 that contains RC procedures and 
tests: Except as required by paragraph (i)(2) of this AD, RC 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.
    (4) Paperwork Reduction Act Burden Statement: A federal agency 
may not conduct or sponsor, and a person is not required to respond 
to, nor shall a person be subject to a penalty for failure to comply 
with a collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
All responses to this collection of information are mandatory as 
required by this AD. Send comments regarding this burden estimate or 
any other aspect of this collection of information, including 
suggestions for reducing this burden to Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

(j) Related Information

    For more information about this AD, contact Kathleen Arrigotti, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3218; email <a href="/cdn-cgi/l/email-protection#204b4154484c45454e0e41525249474f545449604641410e474f56"><span class="__cf_email__" data-cfemail="452e24312d2920202b6b2437372c222a31312c052324246b222a33">[email&#160;protected]</span></a>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0139R1, 
dated July 3, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0139R1, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#8acbcef9caefebf9eba4effff8e5faeba4efff"><span class="__cf_email__" data-cfemail="c18085b281a4a0b2a0efa4b4b3aeb1a0efa4b4">[email&#160;protected]</span></a>; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
    (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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2020-0846.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
<a href="/cdn-cgi/l/email-protection#9dfbf8f9eff8fab3f1f8fafcf1ddf3fceffcb3faf2eb"><span class="__cf_email__" data-cfemail="91f7f4f5e3f4f6bffdf4f6f0fdd1fff0e3f0bff6fee7">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on January 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-06251 Filed 3-25-21; 8:45 am]
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