# [Amended]
**AGENCY:**
Federal Aviation Administration (FAA), DOT.
**ACTION:**
Notice of proposed rulemaking (NPRM).
**SUMMARY:**
The FAA proposes to supersede Airworthiness Directive (AD) 2021-03-08, which applies to certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2021-03-08 requires repetitive inspections for migration of the bushings of the horizontal tail plane (HTP) lateral load fittings (LLF) on the left- and right-hand sides and terminating repair or modification of any affected bushing. Since the FAA issued AD 2021-03-08, new occurrences of bushing migration on HTP LLF were reported, and a determination was made that certain repairs can no longer be considered terminating action to the repetitive inspections. This proposed AD would continue to require the actions in AD 2021-03-08, remove a certain terminating action, and expand the applicability. The FAA is proposing this AD to address the unsafe condition on these products.
**DATES:**
The FAA must receive comments on this proposed AD by April 3, 2026.
**ADDRESSES:**
You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:
• *Federal eRulemaking Portal:* Go to *regulations.gov* . Follow the instructions for submitting comments.
• *Fax:* 202-493-2251.
• *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
• *Hand Delivery:* Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
*AD Docket:* You may examine the AD docket at *regulations.gov* under Docket No. FAA-2026-1328; 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 NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above.
*Material Incorporated by Reference:*
• For European Union Aviation Safety Agency (EASA) material identified in this proposed AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email *[email protected].* You may find this material on the EASA website at *ad.easa.europa.eu.* It is also available at *regulations.go* v under Docket No. FAA-2026-1328.
• 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.
**FOR FURTHER INFORMATION CONTACT:**
Andrew Younglove, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206-231-3644; email: *[email protected].*
**SUPPLEMENTARY INFORMATION:**
**Comments Invited**
The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments using a method listed under the *ADDRESSES* section. Include “Docket No. FAA-2026-1328; Project Identifier MCAI-2025-00462-T” at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to *regulations.gov,* including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM.
**Confidential Business Information**
CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Andrew Younglove, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206-231-3644; email: *[email protected].* Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.
**Background**
The FAA issued AD 2021-03-08, Amendment 39-21411 (86 FR 16038, March 26, 2021) (AD 2021-03-08), for certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2021-03-08 was prompted by an MCAI originated by EASA, which is the Technical Agent for the Member States of the European Union. EASA issued AD 2020-0139R1, dated July 3, 2020 (EASA AD 2020-0139R1), to correct an unsafe condition.
AD 2021-03-08 requires repetitive inspections for migration of the bushings of the HTP LLF 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.
**Actions Since AD 2021-03-08 Was Issued**
Since the FAA issued AD 2021-03-08, EASA superseded EASA AD 2020-0139R1 and issued EASA AD 2025-0073, dated April 3, 2025 (EASA AD 2025-0073) (also referred to as the MCAI), to correct an unsafe condition for certain Airbus SAS Model A350-941 and -1041 airplanes. 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. Additionally, it has been determined that the repair instructions provided by Airbus Service Bulletin A350-55-P013at any revision can no longer be considered terminating action for the repetitive inspections.
The FAA is proposing this AD 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. You may examine the MCAI in the AD docket at *regulations.gov* under Docket No. FAA-2026-1328.
**Explanation of Retained Requirements**
Although this proposed AD does not explicitly restate the requirements of AD 2021-03-08, this proposed AD would retain certain requirements of AD 2021-03-08. Those requirements are referenced in EASA AD 2025-0073, which, in turn, is referenced in paragraph (g) of this proposed AD.
**Material Incorporated by Reference Under 1 CFR Part 51**
The FAA reviewed EASA AD 2025-0073, which specifies procedures for repetitive detailed inspections (DET) 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 bushing. 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.
**FAA's Determination**
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 is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop in other products of the same type design.
**Proposed AD Requirements in This NPRM**
This proposed AD would require accomplishing the actions specified in EASA AD 2025-0073 described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD.
**Explanation of Required Compliance Information**
In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to incorporate EASA AD 2025-0073 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2025-0073 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Using common terms that are the same as the heading of a particular section in EASA AD 2025-0073 does not mean that operators need comply only with that section. For example, where the AD requirement refers to “all required actions and compliance times,” compliance with this AD requirement is not limited to the section titled “Required Action(s) and Compliance Time(s)” in EASA AD 2025-0073. Material required by EASA AD 2025-0073 for compliance will be available at *regulations.gov* under Docket No. FAA-2026-1328 after the FAA final rule is published.
**Costs of Compliance**
The FAA estimates that this AD, if adopted as proposed, would affect 36 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD:
| Action | Labor cost | Parts cost | Cost per | Cost on U.S. |
| --- | --- | --- | --- | --- |
| Retained actions from AD 2021-03-08 | 10 work-hours × $85 per hour = $850 | $0 | $850 | $30,600 |
| Labor cost | Parts cost | Cost per product |
| --- | --- | --- |
| 56 work-hours × $85 per hour = $4,760 | $23,000 | $27,760 |
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:
| Labor cost | Parts cost | Cost per product |
| --- | --- | --- |
| Up to 93 work-hours × $85 per hour = $7,905 | Up to $4,480 (four bushings) | Up to $12,385 (four bushings). |
The FAA has received no definitive data on which to base the cost estimates for the on-condition actions specified in this proposed AD.
**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**
The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 this proposed regulation:
(1) Is not a “significant regulatory action” under Executive Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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.
**The Proposed Amendment**
Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
**PART 39—AIRWORTHINESS DIRECTIVES**
1. The authority citation for part 39 continues to read as follows:
**Authority:**
49 U.S.C. 106(g), 40113, 44701.
§ 39.13
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive (AD) 2021-03-08, Amendment 39-21411 (86 FR 16038, March 26, 2021) and
b. Adding the following new AD:
*Airbus SAS:* Docket No. FAA-2026-1328; Project Identifier MCAI-2025-00462-T.
**(a) Comments Due Date**
The FAA must receive comments on this airworthiness directive (AD) by April 3, 2026.
**(b) Affected ADs**
This AD replaces AD 2021-03-08, Amendment 39-21411 (86 FR 16038, March 26, 2021) (AD 2021-03-08).
**(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 2025-0073, dated April 3, 2025 (EASA AD 2025-0073).
**(d) Subject**
Air Transport Association (ATA) of America Code 55, Stabilizers.
**(e) Unsafe Condition**
This AD was prompted by reports of migration of the bushings of the horizontal tail plane (HTP) lateral load fittings (LLF) 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 the HTP LLF and damage to adjacent structure. The unsafe condition, if not addressed, 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 2025-0073.
**(h) Exceptions to EASA AD 2025-0073**
(1) Where EASA AD 2025-0073 refers to its effective date, this AD requires using the effective date of this AD.
(2) Where paragraphs (3) and (6) of EASA AD 2025-0073 refer to “discrepancies”, this AD defines discrepancies as broken sealant and bush migration.
(3) This AD does not adopt the “Remarks” section of EASA AD 2025-0073.
**(i) Additional AD Provisions**
The following provisions also apply to this AD:
(1) *Alternative Methods of Compliance (AMOCs):* The Manager, AIR-520, Continued Operational Safety 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 manager of the Continued Operational Safety Branch, send it to the attention of the person identified in paragraph (j) of this AD and email to: *[email protected].* 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, AIR-520, Continued Operational Safety 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 (i)(2) of this AD, if any material 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.
**(j) Additional Information**
For more information about this AD, contact Andrew Younglove, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206-231-3644; email: *[email protected].*
**(k) Material Incorporated by Reference**
(1) The Director of the Federal Register approved the incorporation by reference of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2025-0073, dated April 3, 2025.
(ii) [Reserved]
(3) For EASA material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email *[email protected].* You may find this material on the EASA website at *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.
(5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit *www.archives.gov/federal-register/cfr/ibr-locations* or email *[email protected].*
Issued on February 11, 2026.
Lona C. Saccomando,
Acting Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service.