Airworthiness Directives; Airbus SAS Airplanes, 26373-26376 [2019-11785]
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26373
Proposed Rules
Federal Register
Vol. 84, No. 109
Thursday, June 6, 2019
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0404; Product
Identifier 2019–NM–007–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede
Airworthiness Directive (AD) 2018–26–
07, which applies to all Airbus SAS
Model A350–941 and –1041 airplanes.
AD 2018–26–07 requires repetitive
greasing of the thrust reverser actuators
(TRAs), dispatch restrictions, and
maintenance procedure revisions. Since
we issued AD 2018–26–07, we are now
proposing to add a requirement to
replace the TRAs, which AD 2018–26–
07 specified was not required at the
time to provide the opportunity for the
public to comment on the merits of that
action. This proposed AD would require
actions specified in an European
Aviation Safety Agency (EASA) AD,
which will be incorporated by reference.
We are proposing this AD to address the
unsafe condition on these products.
DATES: We must receive comments on
this proposed AD by July 22, 2019.
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
https://www.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: U.S. Department of
Transportation, Docket Operations, M–
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SUMMARY:
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30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For the material identified in this
NPRM that will be incorporated by
reference (IBR), contact the EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
89990 1000; 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, Transport Standards 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.
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–2019–
0404; 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
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations
(phone: 800–647–5527) is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Kathleen Arrigotti, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
phone and fax: 206–231–3218.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2019–0404; Product Identifier 2019–
NM–007–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this NPRM. We will consider
all comments received by the closing
date and may amend this NPRM based
on those comments.
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We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this NPRM.
Discussion
We issued AD 2018–26–07,
Amendment 39–19538 (83 FR 67677,
December 31, 2018) (‘‘AD 2018–26–
07’’), for all Airbus SAS Model A350–
941 and –1041 airplanes. AD 2018–26–
07 requires repetitive greasing of the
TRAs, dispatch restrictions, and
maintenance procedure revisions. AD
2018–26–07 resulted from reports of the
TRAs jamming. We issued AD 2018–26–
07 to address jamming of the TRAs,
which could lead to an inadvertent
thrust reverser sleeve deployment,
possibly resulting in reduced control or
performance of the airplane.
Actions Since AD 2018–26–07 Was
Issued
The preamble to AD 2018–26–07
specifies that we consider the
requirements ‘‘interim action’’ and that
we were considering requiring a onetime replacement of affected (all part
numbers) TRAs. That AD explains that
the planned compliance time for the
installation of the TRAs would allow
enough time to provide notice and
opportunity for prior public comment
on the merits of the replacement, and
this proposed AD follows from that
determination.
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2018–
0234R1, dated November 13, 2018
(‘‘EASA AD 2018–0234R1’’) (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 MCAI states:
Operators of A350 aeroplanes have
reported some occurrences of TRA jamming.
Further investigation results indicated that
the ball bearings inside the TRA are suffering
from corrosion due to lack of grease and are
degrading with time.
This condition, if not corrected, could lead
to an inadvertent thrust reverser sleeve
deployment, possibly resulting in reduced
control or performance of the aeroplane.
To address this potential unsafe condition,
Airbus issued the AOT [Alert Operators
Transmission A78P001–18 Revision 01] to
provide instructions for repetitive TRA
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Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Proposed Rules
greasing to prevent actuator ball bearings
degradation, and the MER [Major Event
Revision] that incorporates temporary
restrictions of the MMEL [Master Minimum
Equipment List] items related to thrust
reverser actuation system. The AOT also
provides instructions to replace certain
affected TRA, depending on condition and
previously applied greasing.
For the reasons described above, this
[EASA] AD requires implementation of
certain dispatch restrictions. This [EASA] AD
also requires repetitive greasing of each
affected TRA and a one-time replacement of
certain affected TRA, depending on
condition.
*
*
*
*
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI referenced above. We are
proposing this AD because we evaluated
all pertinent information and
determined an unsafe condition exists
and is likely to exist or develop on other
products of the same type design.
*
This [EASA] AD is still considered to be
an interim action and further AD action may
follow.
Explanation of Retained Requirements
Although this proposed AD does not
explicitly restate the requirements of AD
2018–26–07, this proposed AD would
retain all of the requirements of AD
2018–26–07. Those requirements are
referenced in EASA AD 2018–0234R1,
which, in turn, is referenced in
paragraph (g) of this proposed AD.
Related IBR Material Under 1 CFR Part
51
This proposed AD would continue to
require EASA AD 2018–0234R1, which
the Director of the Federal Register
approved for incorporation by reference
as of January 15, 2019 (83 FR 67677,
December 31, 2018). 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.
Proposed Requirements of This NPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2018–0234R1 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this proposed AD and
except as discussed under ‘‘Differences
Between this Proposed AD and the
MCAI/Service Information.’’
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA worked with Airbus
and EASA to develop a process to use
certain EASA ADs as the primary source
of information for compliance with
requirements for corresponding FAA
ADs. As a result, EASA AD 2018–
0234R1 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with the provisions
specified in EASA AD 2018–0234R1,
through that incorporation, except for
any differences identified as exceptions
in the regulatory text of this proposed
AD. Service information specified in
EASA AD 2018–0234R1 that is required
for compliance with EASA AD 2018–
0234R1 will be available on the internet
https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0404 after the FAA final rule is
published.
Differences Between This Proposed AD
and the MCAI/Service Information
The MCAI specifies to revise the
EASA/Airbus MMEL to change certain
MMEL items. This proposed AD refers
to the operator’s minimum equipment
list (MEL) instead of the FAA MMEL. It
is unnecessary to reference the MMEL,
as operators are required in 14 CFR part
91 to have an MEL to operate with
inoperable equipment and provisions
for relief cannot be in an MEL without
first being part of the MMEL. The intent
of the provision has not changed.
In addition, there are differences
between the EASA/Airbus MMEL and
the FAA MMEL. The FAA MMEL is
more restrictive because relief is
provided for only one engine reverser,
whereas the EASA/Airbus MMEL
provides relief for both. Therefore, this
proposed AD would require
incorporating the information specified
in Figure 1 to paragraph (h)(4) of this
proposed AD into the operator’s MEL.
Costs of Compliance
We estimate that this proposed AD
affects 11 airplanes of U.S. registry. We
estimate the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Retained actions from AD 2018-26-07 ...........
New proposed actions ....................................
10 work-hours × $85 per hour = $850 ...........
12 work-hours × $85 per hour = $1,020 ........
Cost per
product
Parts cost
$0
*
$850
*
Cost on U.S.
operators
$9,350
*
* We have received no definitive data that would enable us to provide parts cost estimates for the replacement specified in this proposed AD.
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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.
We are 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
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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.
This proposed AD is issued in
accordance with authority delegated by
the Executive Director, Aircraft
Certification Service, as authorized by
FAA Order 8000.51C. In accordance
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with that order, issuance of ADs is
normally a function of the Compliance
and Airworthiness Division, but during
this transition period, the Executive
Director has delegated the authority to
issue ADs applicable to transport
category airplanes and associated
appliances to the Director of the System
Oversight Division.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
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Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Proposed Rules
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:
■
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Authority: 49 U.S.C. 106(g), 40113, 44701.
(5) The ‘‘Remarks’’ section of EASA AD
2018–0234R1 does not apply to this AD.
(6) Where EASA AD 2018–0234R1 refers to
the ‘‘the MER,’’ that document is not required
by this AD, and it is not applicable to U.S.
operators.
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§ 39.13
(f) Compliance
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2018–26–07, Amendment 39–19538 (83
FR 67677, December 31, 2018), and
adding the following new AD:
■
Airbus SAS: Docket No. FAA–2019–0404;
Product Identifier 2019–NM–007–AD.
(a) Comments Due Date
We must receive comments by July 22,
2019.
(b) Affected ADs
This AD replaces AD 2018–26–07,
Amendment 39–19538 (83 FR 67677,
December 31, 2018) (‘‘AD 2018–26–07’’).
(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 78, Engine Exhaust.
(e) Reason
This AD was prompted by reports of thrust
reverser actuators (TRAs) jamming and the
determination that a one-time replacement of
affected TRAs (all part numbers) is necessary.
We are issuing this AD to address jamming
of the TRAs, which could lead to an
inadvertent thrust reverser sleeve
deployment, possibly resulting in reduced
control or performance of the airplane.
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 Aviation Safety
Agency (EASA) AD 2018–0234R1, dated
November 13, 2018 (‘‘EASA AD 2018–
0234R1’’).
(h) Exceptions to EASA AD 2018–0234R1
(1) For purposes of determining
compliance with the inspection requirements
of this AD: Where EASA AD 2018–0234R1
refers to its effective date, this AD requires
using January 15, 2019 (the effective date of
AD 2018–26–07).
(2) For purposes of determining
compliance with the TRA replacement
requirements of this AD: Where EASA AD
2018–0234R1 refers to its effective date, this
AD requires using the effective date of this
AD.
(3) Where EASA AD 2018–0234R1 refers to
the master minimum equipment list (MMEL),
instead refer to the operator’s minimum
equipment list (MEL).
(4) Where EASA AD 2018–0234R1 refers to
the flight operations transmission (FOT) for
certain changes, for this AD, do not
incorporate the information specified in
EASA MMEL item 78–09–01B, ‘‘ENG 1(2)
REVERSER MINOR FAULT message—
Associated reverser considered inoperative,’’
and instead, incorporate the information
specified in Figure 1 to paragraph (h)(4) of
this AD into the operator’s MEL.
(i) No Reporting Requirement
(j) Other FAA AD Provisions
Although the service information
referenced in EASA AD 2018–0234R1
specifies to submit certain information to the
manufacturer, this AD does not include that
requirement.
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
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EP06JN19.004
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. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. 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.
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Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Proposed Rules
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 International Section, send it
to the attention of the person identified in
paragraph (k)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. 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, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2018–0234R1 that contains RC procedures
and tests: Except as specified by paragraph
(j)(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.
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(k) Related Information
(1) For information about EASA AD 2018–
0234R1, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 6017; 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. You may view this EASA
AD at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
EASA AD 2018–0234R1 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0404.
(2) For more information about this AD,
contact Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; phone and fax:
206–231–3218.
Issued in Des Moines, Washington, on May
28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–11785 Filed 6–5–19; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2019–0355; Airspace
Docket No. 19–AGL–15]
RIN 2120–AA66
Proposed Amendment of Class E
Airspace; Marion, OH
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
amend the Class E airspace extending
upward from 700 feet above the surface
at Marion Municipal Airport, Marion,
OH. The FAA is proposing this action
as the result of an airspace review
caused by the decommissioning of the
Marion localizer/distance measuring
equipment (LOC/DME) navigation aid,
which provided navigation information
for the instrument procedures at this
airport. Airspace redesign is necessary
for the safety and management of
instrument flight rules (IFR) operations
at this airport.
DATES: Comments must be received on
or before July 22, 2019.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590; telephone (202)
366–9826, or (800) 647–5527. You must
identify FAA Docket No. FAA–2019–
0355; Airspace Docket No. 19–AGL–15,
at the beginning of your comments. You
may also submit comments through the
internet at https://www.regulations.gov.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office between
9:00 a.m. and 5:00 p.m., Monday
through Friday, except federal holidays.
FAA Order 7400.11C, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at https://www.faa.gov/air_traffic/
publications/. For further information,
you can contact the Airspace Policy
Group, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783. The Order is
also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of FAA
Order 7400.11C at NARA, call (202)
741–6030, or go to https://www.
SUMMARY:
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archives.gov/federal-register/cfr/ibrlocations.html.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Claypool, Federal Aviation
Administration, Operations Support
Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5711.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
amend the Class E airspace extending
upward from 700 feet above the surface
at Marion Municipal Airport, Marion,
OH, to support IFR operations at this
airport.
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers and be submitted in
triplicate to the address listed above.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2019–0355; Airspace
Docket No. 19–AGL–15.’’ The postcard
will be date/time stamped and returned
to the commenter.
All communications received before
the specified closing date for comments
will be considered before taking action
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Agencies
[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Proposed Rules]
[Pages 26373-26376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11785]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 /
Proposed Rules
[[Page 26373]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0404; Product Identifier 2019-NM-007-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to supersede Airworthiness Directive (AD) 2018-26-
07, which applies to all Airbus SAS Model A350-941 and -1041 airplanes.
AD 2018-26-07 requires repetitive greasing of the thrust reverser
actuators (TRAs), dispatch restrictions, and maintenance procedure
revisions. Since we issued AD 2018-26-07, we are now proposing to add a
requirement to replace the TRAs, which AD 2018-26-07 specified was not
required at the time to provide the opportunity for the public to
comment on the merits of that action. This proposed AD would require
actions specified in an European Aviation Safety Agency (EASA) AD,
which will be incorporated by reference. We are proposing this AD to
address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by July 22, 2019.
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 https://www.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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For the material identified in this NPRM that will be incorporated
by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 89990 1000; email
[email protected]; 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, Transport Standards 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.
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-2019-
0404; 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 regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3218.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0404;
Product Identifier 2019-NM-007-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM based on
those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.
Discussion
We issued AD 2018-26-07, Amendment 39-19538 (83 FR 67677, December
31, 2018) (``AD 2018-26-07''), for all Airbus SAS Model A350-941 and -
1041 airplanes. AD 2018-26-07 requires repetitive greasing of the TRAs,
dispatch restrictions, and maintenance procedure revisions. AD 2018-26-
07 resulted from reports of the TRAs jamming. We issued AD 2018-26-07
to address jamming of the TRAs, which could lead to an inadvertent
thrust reverser sleeve deployment, possibly resulting in reduced
control or performance of the airplane.
Actions Since AD 2018-26-07 Was Issued
The preamble to AD 2018-26-07 specifies that we consider the
requirements ``interim action'' and that we were considering requiring
a one-time replacement of affected (all part numbers) TRAs. That AD
explains that the planned compliance time for the installation of the
TRAs would allow enough time to provide notice and opportunity for
prior public comment on the merits of the replacement, and this
proposed AD follows from that determination.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0234R1, dated November 13, 2018
(``EASA AD 2018-0234R1'') (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
MCAI states:
Operators of A350 aeroplanes have reported some occurrences of
TRA jamming. Further investigation results indicated that the ball
bearings inside the TRA are suffering from corrosion due to lack of
grease and are degrading with time.
This condition, if not corrected, could lead to an inadvertent
thrust reverser sleeve deployment, possibly resulting in reduced
control or performance of the aeroplane.
To address this potential unsafe condition, Airbus issued the
AOT [Alert Operators Transmission A78P001-18 Revision 01] to provide
instructions for repetitive TRA
[[Page 26374]]
greasing to prevent actuator ball bearings degradation, and the MER
[Major Event Revision] that incorporates temporary restrictions of
the MMEL [Master Minimum Equipment List] items related to thrust
reverser actuation system. The AOT also provides instructions to
replace certain affected TRA, depending on condition and previously
applied greasing.
For the reasons described above, this [EASA] AD requires
implementation of certain dispatch restrictions. This [EASA] AD also
requires repetitive greasing of each affected TRA and a one-time
replacement of certain affected TRA, depending on condition.
* * * * *
This [EASA] AD is still considered to be an interim action and
further AD action may follow.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2018-26-07, this proposed AD would retain all of the
requirements of AD 2018-26-07. Those requirements are referenced in
EASA AD 2018-0234R1, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related IBR Material Under 1 CFR Part 51
This proposed AD would continue to require EASA AD 2018-0234R1,
which the Director of the Federal Register approved for incorporation
by reference as of January 15, 2019 (83 FR 67677, December 31, 2018).
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 and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI referenced
above. We are proposing this AD because we evaluated all pertinent
information and determined an unsafe condition exists and is likely to
exist or develop on other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2018-0234R1 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and the MCAI/Service
Information.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with Airbus and EASA to develop a process to
use certain EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. As a result,
EASA AD 2018-0234R1 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2018-0234R1, through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this proposed AD. Service information specified
in EASA AD 2018-0234R1 that is required for compliance with EASA AD
2018-0234R1 will be available on the internet https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0404 after the FAA final rule is published.
Differences Between This Proposed AD and the MCAI/Service Information
The MCAI specifies to revise the EASA/Airbus MMEL to change certain
MMEL items. This proposed AD refers to the operator's minimum equipment
list (MEL) instead of the FAA MMEL. It is unnecessary to reference the
MMEL, as operators are required in 14 CFR part 91 to have an MEL to
operate with inoperable equipment and provisions for relief cannot be
in an MEL without first being part of the MMEL. The intent of the
provision has not changed.
In addition, there are differences between the EASA/Airbus MMEL and
the FAA MMEL. The FAA MMEL is more restrictive because relief is
provided for only one engine reverser, whereas the EASA/Airbus MMEL
provides relief for both. Therefore, this proposed AD would require
incorporating the information specified in Figure 1 to paragraph (h)(4)
of this proposed AD into the operator's MEL.
Costs of Compliance
We estimate that this proposed AD affects 11 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 10 work-hours x $85 per $0 $850 $9,350
2018[dash]26[dash]07. hour = $850.
New proposed actions.................. 12 work-hours x $85 per * * *
hour = $1,020.
----------------------------------------------------------------------------------------------------------------
* We have received no definitive data that would enable us to provide parts cost estimates for the replacement
specified in this proposed AD.
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.
We are 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.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a
[[Page 26375]]
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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. 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.
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
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 removing Airworthiness Directive (AD)
2018-26-07, Amendment 39-19538 (83 FR 67677, December 31, 2018), and
adding the following new AD:
Airbus SAS: Docket No. FAA-2019-0404; Product Identifier 2019-NM-
007-AD.
(a) Comments Due Date
We must receive comments by July 22, 2019.
(b) Affected ADs
This AD replaces AD 2018-26-07, Amendment 39-19538 (83 FR 67677,
December 31, 2018) (``AD 2018-26-07'').
(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 78, Engine
Exhaust.
(e) Reason
This AD was prompted by reports of thrust reverser actuators
(TRAs) jamming and the determination that a one-time replacement of
affected TRAs (all part numbers) is necessary. We are issuing this
AD to address jamming of the TRAs, which could lead to an
inadvertent thrust reverser sleeve deployment, possibly resulting in
reduced control or performance 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 Aviation Safety Agency (EASA) AD 2018-
0234R1, dated November 13, 2018 (``EASA AD 2018-0234R1'').
(h) Exceptions to EASA AD 2018-0234R1
(1) For purposes of determining compliance with the inspection
requirements of this AD: Where EASA AD 2018-0234R1 refers to its
effective date, this AD requires using January 15, 2019 (the
effective date of AD 2018-26-07).
(2) For purposes of determining compliance with the TRA
replacement requirements of this AD: Where EASA AD 2018-0234R1
refers to its effective date, this AD requires using the effective
date of this AD.
(3) Where EASA AD 2018-0234R1 refers to the master minimum
equipment list (MMEL), instead refer to the operator's minimum
equipment list (MEL).
(4) Where EASA AD 2018-0234R1 refers to the flight operations
transmission (FOT) for certain changes, for this AD, do not
incorporate the information specified in EASA MMEL item 78-09-01B,
``ENG 1(2) REVERSER MINOR FAULT message--Associated reverser
considered inoperative,'' and instead, incorporate the information
specified in Figure 1 to paragraph (h)(4) of this AD into the
operator's MEL.
[GRAPHIC] [TIFF OMITTED] TP06JN19.004
(5) The ``Remarks'' section of EASA AD 2018-0234R1 does not
apply to this AD.
(6) Where EASA AD 2018-0234R1 refers to the ``the MER,'' that
document is not required by this AD, and it is not applicable to
U.S. operators.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2018-
0234R1 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,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this
[[Page 26376]]
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 International Section, send
it to the attention of the person identified in paragraph (k)(2) of
this AD. Information may be emailed to: [email protected]. 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, International
Section, Transport Standards 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 2018-0234R1 that contains RC procedures and
tests: Except as specified by paragraph (j)(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.
(k) Related Information
(1) For information about EASA AD 2018-0234R1, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. EASA AD 2018-0234R1 may be found in the AD docket on
the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0404.
(2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3218.
Issued in Des Moines, Washington, on May 28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-11785 Filed 6-5-19; 8:45 am]
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