SUPPLEMENTARY INFORMATION:

Background

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2021-03-08, Amendment 39-21411 (86 FR 16038, March 26, 2021) (AD 2021-03-08). AD 2021-03-08 applied to certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2021-03-08 required 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. The FAA issued AD 2021-03-08 to address combined corrosion and fatigue damage of the primary structure, possibly resulting in failure of the HTP LLF and damage to adjacent structure, which could result in reduced controllability of the airplane.

The NPRM was published in the Federal Register on February 17, 2026 (91 FR 7183). The NPRM was prompted by EASA AD 2025-0073, dated April 3, 2025 (EASA AD 2025-0073) (also referred to as the MCAI), issued by EASA, which is the Technical Agent for the Member States of the European Union. The MCAI states that new occurrences of bushing migration on HTP LLF have been reported on airplanes with modification 110669, which were not in the applicability of EASA AD 2020-0139R1, dated July 3, 2020 (EASA AD 2020-0139R1). Additionally, it has been determined that the repair instructions provided by Airbus Service Bulletin A350-55-P013 at any revision can no longer be considered terminating action for the repetitive inspections.

In the NPRM, the FAA proposed to continue to require the actions in AD 2021-03-08, remove a certain terminating action, and expand the applicability, as specified in EASA AD 2025-0073. The FAA is issuing this AD to address the unsafe condition on these products.

You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2026-1328.

Discussion of Final Airworthiness Directive

Comments

The FAA received a comment from the Air Line Pilots Association, International (ALPA) who supported the NPRM without change.

The FAA received an additional comment from The Foundation for Aviation Safety. The following presents the comment received on the NPRM and the FAA's response to the comment.

Request for Clarification of Extended Compliance Time

The Foundation for Aviation Safety asked why the rulemaking process took six years. The commenter further stated, if safety is the top priority, conducting immediate inspections of the bushings should have been the first step, rather than allowing operators to defer inspections for up to six years or thousands of flight cycles.

The FAA disagrees that the rulemaking process took six years. AD 2021-03-08 was published on March 26, 2021, to address the unsafe condition on all airplanes known to be affected by the unsafe condition at that time. After issuance of AD 2021-03-08, new occurrences of bushing migration were reported on airplanes that were excluded from the applicability of AD 2021-03-08, and it was also determined that certain repairs can no longer be considered terminating action to the repetitive inspections, as specified in EASA AD 2025-0073. For these reasons, the FAA initiated a new rulemaking to supersede AD 2021-03-08.

The FAA also disagrees that the initial inspection should be accomplished immediately. EASA is the State of Design Authority for Airbus SAS Model A350-941 and -1041 airplanes. Pursuant to the FAA's bilateral agreement with EASA, EASA notified the FAA of the unsafe condition described in EASA AD 2025-0073. EASA, as the state of design authority for these airplanes, analyzed the data, considered the recommendations of the manufacturer, and determined that the initial inspection timeframe was appropriate based on the safety implications of the identified unsafe condition. The FAA concurs with EASA's determination. The FAA has not changed this AD in response to this comment.

Conclusion

These products have been approved by the civil aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, that authority has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.

Material Incorporated by Reference Under 1 CFR Part 51

EASA AD 2025-0073 specifies procedures for repetitive detailed inspections for discrepancies ( 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 bushings. EASA AD 2025-0073 specifies that modification of affected bushings terminates the repetitive inspections. EASA AD 2025-0073 also requires reporting inspection results to Airbus. EASA AD 2025-0073 also provides, for certain airplanes, an optional method of compliance for doing the initial 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 36 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ( printed page 62306)

The FAA estimates the following costs to do any necessary on-condition action that would be required based on the results of any required actions. The FAA has no way of determining the number of aircraft that might need this on-condition action:

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 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 currently 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 take 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. 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.

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.

The Amendment

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