[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Rules and Regulations]
[Pages 20453-20455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08057]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0965; Project Identifier MCAI-2020-01068-T; 
Amendment 39-21502; AD 2021-08-08]
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 all 
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by 
a report that a welding quality issue has been identified in the gimbal 
joint of the air bleed duct located at each wing-to-pylon interface; 
the inner ring of a gimbal had deformed to an oval shape, which could 
lead to cracking caused by direct contact between metal parts. This AD 
requires replacing affected bleed duct assemblies and bleed gimbals at 
the wing-to-pylon interface with a serviceable part, 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 May 25, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 25, 
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
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 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-2020-0965.

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-2020-
0965; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; Kathleen.Arrigotti@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0169R1, dated August 19, 2020 
(EASA AD 2020-0169R1) (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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus SAS Model 
A350-941 and -1041 airplanes. The NPRM published in the Federal 
Register on October 23, 2020 (85 FR 67467). The NPRM was prompted by a 
report that a welding quality issue has been identified in the gimbal 
joint of the air bleed duct located at each wing-to-pylon interface; 
the inner ring of a gimbal had deformed to an oval shape, which could 
lead to cracking caused by direct contact between metal parts. The NPRM 
proposed to require replacing affected bleed duct assemblies and bleed 
gimbals at the wing-to-pylon interface with a serviceable part, as 
specified in EASA AD 2020-0169R1.
    The FAA is issuing this AD to address a welding quality issue that 
could cause

[[Page 20454]]

cracking, and could lead to hot bleed air leakage in the pylon area, 
and possibly result in loss of the pneumatic system and exposure of the 
wing structure to high temperatures, and lead to reduced structural 
integrity 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 comments 
received on the NPRM and the FAA's response to each comment.

Request To Correct Notes and Clearances in the Referenced Service 
Information

    Delta Airlines (DAL) stated that the service information referenced 
in EASA AD 2020-0169R1 calls out the wrong note in several locations. 
DAL stated that view A-A, ``The Wing Environment,'' in SHEET 3/3 of 
Figure ICN-A350-A-36XXP023-A-FAPE3-05BQ7-A-001-01; and SHEET 3/3 of 
Figure ICN-A350-A-36XXP024-A-FAPE3-05CCU-A-001-01; calls out Note 03 
and this should be Note 04. DAL also stated that in View B-B, those 
figures call out Note 04 and this should be Note 03. The FAA infers 
that DAL is requesting the FAA add an exception to the proposed AD to 
clarify the correct note numbers.
    DAL commented that when reviewing maintenance procedure (MP) A350-
A-36-11-48-08001-720A-A, it noted that the MP does not specify a 
clearance during the installation process and it does not mention 
clearance to structure. DAL stated that both notes in the referenced 
figures should use the same standard as the MP installation 
instructions, which is, ``Make sure there is clearance between 
structure and sensing elements,'' rather than specifying minimum 
clearances. DAL added that including minimum clearance dimensions in 
the notes in the referenced figures will make them mandatory.
    The FAA agrees to provide clarification regarding these issues. 
Airbus has confirmed that the notes could have been written without 
mentioning general terms like ``elements'' or ``wing environment,'' but 
all drawing references and the clearances expressed in them are 
correct. Specifying minimum clearance dimensions in the referenced 
figures is intentional and needed to address the unsafe condition 
identified in this AD. The FAA has not changed the AD in this regard.

Request To Clarify Verbiage in the Referenced Service Information

    DAL stated that the service information referenced in EASA AD 2020-
0169R1 uses the terms ``detailed inspection of bleed gimbals'' and 
``general visual inspection of bleed gimbal records.'' DAL commented 
that these terms are confusing and negate the FAA's definition of 
general visual inspection. DAL proposed the following, which it stated 
is the FAA's standard wording: ``perform a detailed visual inspection 
on bleed gimbals'' and ``review aircraft maintenance records for bleed 
gimbal removals.''
    The FAA agrees to provide clarification. The FAA contacted EASA for 
clarification of the inspections specified in the service information 
referenced in EASA AD 2020-0169R1. The intent of the ``detailed 
inspection of bleed gimbals'' and the ``general visual inspection of 
the bleed gimbal records'' is to verify the part numbers and 
manufacturing dates of the bleed gimbals. The FAA has added paragraph 
(h)(3) of this AD to clarify that where the service information 
referenced in EASA AD 2020-0169R1, specifies doing a ``general visual 
inspection'' and ``detailed inspection'' of the bleed gimbals and bleed 
gimbal records, this AD allows for an inspection to determine the part 
number and manufacturing date of the bleed gimbals.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    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 2020-0169R1 describes procedures for replacing affected 
bleed duct assemblies and bleed gimbals at the wing-to-pylon interface 
with serviceable parts. 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:

                                      Estimated Costs for Required Actions
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           Labor cost                    Parts cost              Cost per product        Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
25 work-hours x $85 per hour =   Up to $48,800............  Up to $50,925............  Up to $662,025.
 $2,125.
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Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and

[[Page 20455]]

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:

2021-08-08 Airbus SAS: Amendment 39-21502; Docket No. FAA-2020-0965; 
Project Identifier MCAI-2020-01068-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 25, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Reason

    This AD was prompted by a report that a welding quality issue 
has been identified in the gimbal joint of the air bleed duct 
located at each wing-to-pylon interface; the inner ring of a gimbal 
had deformed to an oval shape, which could lead to cracking caused 
by direct contact between metal parts. The FAA is issuing this AD to 
address this condition, which could lead to hot bleed air leakage in 
the pylon area, and possibly result in loss of the pneumatic system 
and exposure of the wing structure to high temperatures, and lead to 
reduced structural integrity 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, European Union Aviation Safety Agency (EASA) AD 
2020-0169R1, dated August 19, 2020 (EASA AD 2020-0169R1).

(h) Exceptions to EASA AD 2020-0169R1

    (1) Where EASA AD 2020-0169R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0169R1 does not 
apply to this AD.
    (3) Where the service information referenced in paragraph (2) of 
EASA AD 2020-0169R1 specifies doing a ``general visual inspection'' 
and ``detailed inspection'' of bleed gimbal records and bleed 
gimbals, this AD allows for an inspection to determine the part 
number and manufacturing date of the bleed gimbals. A review of 
airplane maintenance records is acceptable in lieu of this 
inspection for the part number of the bleed gimbals if it can be 
conclusively determined from that review.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-
0169R1 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or 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.
    (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): Except as required by 
paragraph (j)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Kathleen Arrigotti, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3218; Kathleen.Arrigotti@faa.gov.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0169R1, 
dated August 19, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0169R1, 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.
    (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-2020-0965.
    (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.

    Issued on April 1, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-08057 Filed 4-19-21; 8:45 am]
BILLING CODE 4910-13-P


