Airworthiness Directives; Airbus SAS Airplanes, 11282-11284 [2020-03968]
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11282
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0016; Product
Identifier 2018–NM–168–AD; Amendment
39–19839; AD 2020–03–14]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A350–941 and –1041
airplanes. This AD was prompted by
reports of loss of retention of the
regulator inlet filter retainer on certain
crew oxygen cylinder assemblies. This
AD requires an inspection of the crew
oxygen cylinder assembly for any
discrepancy and replacement of an
affected crew oxygen cylinder assembly
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 April 2,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 2, 2020.
ADDRESSES: For the material
incorporated by reference (IBR) in this
AD, contact the EASA, KonradAdenauer-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 by searching for
and locating Docket No. FAA–2019–
0016.
SUMMARY:
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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–
0016; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
VerDate Sep<11>2014
16:13 Feb 26, 2020
Jkt 250001
through Friday, except Federal holidays.
The AD docket contains this final rule,
the regulatory evaluation, 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,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3218; email
Kathleen.Arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0168, dated July 16, 2019 (‘‘EASA
AD 2019–0168’’) (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
February 22, 2019 (84 FR 5611). The
NPRM was prompted by reports of loss
of retention of the regulator inlet filter
retainer on certain crew oxygen cylinder
assemblies. The NPRM proposed to
require an operational check of the crew
oxygen cylinder assembly, replacement
of an affected assembly, and eventual
replacement of all affected assemblies
with redesigned serviceable assemblies.
The FAA issued a supplemental
NPRM (SNPRM) to amend 14 CFR part
39 by adding an AD that would apply
to all Airbus SAS Model A350–941 and
–1041 airplanes. The SNPRM published
in the Federal Register on November 7,
2019 (84 FR 60003). The FAA issued the
SNPRM to include additional part
numbers that are affected by the unsafe
condition.
The FAA is issuing this AD to address
loss of retention of the regulator inlet
filter retainer on certain crew oxygen
cylinder assemblies. This condition
could lead to particle ingestion into the
regulator during ground handling,
possibly resulting in ignition/fire during
system ground operational testing. See
the MCAI for additional background
information.
Comments
The FAA gave the public the
opportunity to participate in developing
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Fmt 4700
Sfmt 4700
this final rule. The following presents
the comments received on the SNPRM
and the FAA’s response to each
comment.
Support for the SNPRM
The Air Line Pilots Association,
International (ALPA) expressed support
for the SNPRM.
Request To Exclude Requirement To
Inspect On-Wing Oxygen Cylinders
Delta Air Lines (DAL) requested the
removal of the proposed requirement (in
the SNPRM) that on-wing oxygen
cylinders be removed and inspected
within 6 months of the effective date of
the proposed AD. DAL noted that
paragraph (1) of EASA AD 2019–0168
implies that all affected cylinders need
to be inspected, including on-wing
units, but paragraph 3.2 of Airbus Alert
Operators Transmission A35P0110–17,
Rev. 01, dated April 11, 2019, states that
there is no consequence from the loose
filter retainer condition on the crew
oxygen system function during flight.
DAL stated that it does not agree that
on-wing oxygen cylinders need to be
removed and inspected within the 6month compliance time specified in the
proposed AD if there are no
consequences of failure during flight.
The FAA disagrees with the
commenter’s request. EASA has
confirmed that the oxygen system may
fail due to improper cylinder
installation on-wing. Therefore, the
FAA has determined the actions
specified in this AD are necessary to
address the identified unsafe condition.
Note that this AD does not require
inspecting spare (off-wing) oxygen
cylinders. Paragraph (3) of EASA AD
2019–0168 prevents the installation of
the non-serviceable parts, which will
address any spare oxygen cylinders. The
FAA has added paragraph (h)(4) to this
AD to clarify that the inspection
required by this AD is only for on-wing
oxygen cylinder assemblies.
Request To Correct Omission in
Paragraph (h)(3)
DAL requested that paragraph (h)(3)
of the proposed AD (in the SNPRM) be
revised to include a reference to
paragraph (1) of EASA AD 2019–0168.
The commenter suggested that
paragraph (h)(3) should state ‘‘Replace
the language in paragraphs (1 and 2) of
EASA AD 2019–0168 . . . .’’ The
commenter did not provide justification
for this request.
The FAA agrees with the commenter’s
request because in paragraph (h)(3) of
the proposed AD (in the SNPRM) the
reference to paragraph (1) of EASA AD
2019–0168 was inadvertently omitted.
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Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Rules and Regulations
We have revised paragraph (h)(3) of this
AD to refer to paragraphs (1) and (2) of
EASA AD 2019–0168.
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 SNPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the SNPRM.
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 IBR Material Under 1 CFR Part
51
EASA AD 2019–0168 describes
procedures for an inspection of the crew
oxygen cylinder assembly for any
discrepancy (a loose part making a
sound during agitation of the cylinder)
and replacement of an affected crew
oxygen cylinder. 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
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
172 work-hours × $85 per hour = $14,620 .................................................................................
$6,940
$21,560
$280,280
The FAA has received no definitive
data that will enable the agency to
provide cost estimates for the oncondition replacements specified in this
AD.
According to the manufacturer, some
or all of the costs of this AD may be
covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage for affected
individuals. As a result, the FAA has
included all known costs in our cost
estimate.
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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.
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
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 35, Oxygen.
(e) Reason
This AD was prompted by reports of loss
of retention of the regulator inlet filter
retainer on certain crew oxygen cylinder
assemblies. The FAA is issuing this AD to
address loss of retention of the regulator inlet
filter retainer on certain crew oxygen
cylinder assemblies. This condition could
lead to particle ingestion into the regulator
during ground handling, possibly resulting in
ignition/fire during system ground
operational testing.
PART 39—AIRWORTHINESS
DIRECTIVES
(g) Requirements
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
AD 2020–03–14 Airbus SAS: Amendment
39–19839; Docket No. FAA–2019–0016;
Product Identifier 2018–NM–168–AD.
■
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Frm 00009
Fmt 4700
Comply with this AD within the
compliance times specified, unless already
done.
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 2019–0168, dated
July 16, 2019 (‘‘EASA AD 2019–0168’’).
(h) Exceptions to EASA AD 2019–0168
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
Jkt 250001
(b) Affected ADs
(f) Compliance
Regulatory Findings
16:13 Feb 26, 2020
This AD is effective April 2, 2020.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
VerDate Sep<11>2014
(a) Effective Date
Sfmt 4700
(1) Where EASA AD 2019–0168 refers to its
effective date this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0168 does not apply to this AD.
(3) Where paragraphs (1) and (2) of EASA
AD 2019–0168 state ‘‘the instructions of the
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Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Rules and Regulations
AOT,’’ replace that language with ‘‘paragraph
4.2.2., Inspection Requirements, of the AOT.’’
(4) Where paragraph (1) of EASA AD 2019–
0168 specifies to ‘‘inspect each affected
part,’’ this AD requires a one-time inspection
of any ‘‘affected part’’ that is installed onwing.
(i) No Reporting Required
Although the service information
referenced in EASA AD 2019–0168 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
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(j) No Return of Parts Required
Although the service information
referenced in EASA AD 2019–0168 specifies
to return affected parts to the manufacturer,
this AD does not include that requirement.
(k) 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
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 (l) of this AD. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@
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
2019–0168 that contains RC procedures and
tests: Except as required by paragraph (k)(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.
(l) Related Information
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; telephone and
VerDate Sep<11>2014
16:13 Feb 26, 2020
Jkt 250001
fax 206 231 3218; email Kathleen.Arrigotti@
faa.gov.
(m) 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 2019–0168, dated July 16, 2019.
(ii) [Reserved]
(3) For information about EASA AD 2019–
0168, contact the EASA, Konrad-AdenauerUfer 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.
(4) You may view this 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. 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–2019–0016.
(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 February 7, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–03968 Filed 2–26–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0877; Product
Identifier 2019–NM–146–AD; Amendment
39–19847; AD 2020–03–23]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Bombardier, Inc., Model CL–600–2B19
(Regional Jet Series 100 & 440)
airplanes. This AD was prompted by a
report that a fouling condition was
found between the generator power
SUMMARY:
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
cables and the support brackets of the
auxiliary-aft fuel tank during
production. This AD requires a visual
inspection of the generator power cables
for damage, installation of protective
conduits and edging grommets, and
applicable corrective actions. The FAA
is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective April 2,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 2, 2020.
ADDRESSES: For service information
identified in this final rule, contact
Bombardier, Inc., 400 Coˆte-Vertu Road
West, Dorval, Que´bec H4S 1Y9, Canada;
Widebody Customer Response Center
North America toll-free telephone 1–
866–538–1247 or direct-dial telephone
1–514–855–2999; fax 514–855–7401;
email ac.yul@aero.bombardier.com;
internet https://www.bombardier.com.
You may view this service information
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
on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0877.
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–
0877; 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,
the regulatory evaluation, 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:
Thomas Niczky, Aerospace Engineer,
Avionics and Electrical Systems
Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone
516–228–7347; fax 516–794–5531; email
9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian AD
CF–2019–22, dated May 27, 2019
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Agencies
[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11282-11284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03968]
[[Page 11282]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0016; Product Identifier 2018-NM-168-AD; Amendment
39-19839; AD 2020-03-14]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
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
reports of loss of retention of the regulator inlet filter retainer on
certain crew oxygen cylinder assemblies. This AD requires an inspection
of the crew oxygen cylinder assembly for any discrepancy and
replacement of an affected crew oxygen cylinder assembly 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 April 2, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 2,
2020.
ADDRESSES: For the material incorporated by reference (IBR) in this AD,
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 by searching for and locating Docket No.
FAA-2019-0016.
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-
0016; 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, the regulatory evaluation, 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, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3218;
email [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0168, dated July 16, 2019
(``EASA AD 2019-0168'') (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 February 22, 2019 (84 FR 5611). The NPRM was prompted by
reports of loss of retention of the regulator inlet filter retainer on
certain crew oxygen cylinder assemblies. The NPRM proposed to require
an operational check of the crew oxygen cylinder assembly, replacement
of an affected assembly, and eventual replacement of all affected
assemblies with redesigned serviceable assemblies.
The FAA issued a supplemental NPRM (SNPRM) to amend 14 CFR part 39
by adding an AD that would apply to all Airbus SAS Model A350-941 and -
1041 airplanes. The SNPRM published in the Federal Register on November
7, 2019 (84 FR 60003). The FAA issued the SNPRM to include additional
part numbers that are affected by the unsafe condition.
The FAA is issuing this AD to address loss of retention of the
regulator inlet filter retainer on certain crew oxygen cylinder
assemblies. This condition could lead to particle ingestion into the
regulator during ground handling, possibly resulting in ignition/fire
during system ground operational testing. 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 SNPRM and the FAA's response to each comment.
Support for the SNPRM
The Air Line Pilots Association, International (ALPA) expressed
support for the SNPRM.
Request To Exclude Requirement To Inspect On-Wing Oxygen Cylinders
Delta Air Lines (DAL) requested the removal of the proposed
requirement (in the SNPRM) that on-wing oxygen cylinders be removed and
inspected within 6 months of the effective date of the proposed AD. DAL
noted that paragraph (1) of EASA AD 2019-0168 implies that all affected
cylinders need to be inspected, including on-wing units, but paragraph
3.2 of Airbus Alert Operators Transmission A35P0110-17, Rev. 01, dated
April 11, 2019, states that there is no consequence from the loose
filter retainer condition on the crew oxygen system function during
flight. DAL stated that it does not agree that on-wing oxygen cylinders
need to be removed and inspected within the 6-month compliance time
specified in the proposed AD if there are no consequences of failure
during flight.
The FAA disagrees with the commenter's request. EASA has confirmed
that the oxygen system may fail due to improper cylinder installation
on-wing. Therefore, the FAA has determined the actions specified in
this AD are necessary to address the identified unsafe condition.
Note that this AD does not require inspecting spare (off-wing)
oxygen cylinders. Paragraph (3) of EASA AD 2019-0168 prevents the
installation of the non-serviceable parts, which will address any spare
oxygen cylinders. The FAA has added paragraph (h)(4) to this AD to
clarify that the inspection required by this AD is only for on-wing
oxygen cylinder assemblies.
Request To Correct Omission in Paragraph (h)(3)
DAL requested that paragraph (h)(3) of the proposed AD (in the
SNPRM) be revised to include a reference to paragraph (1) of EASA AD
2019-0168. The commenter suggested that paragraph (h)(3) should state
``Replace the language in paragraphs (1 and 2) of EASA AD 2019-0168 . .
. .'' The commenter did not provide justification for this request.
The FAA agrees with the commenter's request because in paragraph
(h)(3) of the proposed AD (in the SNPRM) the reference to paragraph (1)
of EASA AD 2019-0168 was inadvertently omitted.
[[Page 11283]]
We have revised paragraph (h)(3) of this AD to refer to paragraphs (1)
and (2) of EASA AD 2019-0168.
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
SNPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the SNPRM.
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 IBR Material Under 1 CFR Part 51
EASA AD 2019-0168 describes procedures for an inspection of the
crew oxygen cylinder assembly for any discrepancy (a loose part making
a sound during agitation of the cylinder) and replacement of an
affected crew oxygen cylinder. 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
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
172 work-hours x $85 per hour = $14,620...................... $6,940 $21,560 $280,280
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data that will enable the agency
to provide cost estimates for the on-condition replacements specified
in this AD.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in our cost estimate.
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 (AD):
AD 2020-03-14 Airbus SAS: Amendment 39-19839; Docket No. FAA-2019-
0016; Product Identifier 2018-NM-168-AD.
(a) Effective Date
This AD is effective April 2, 2020.
(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 35, Oxygen.
(e) Reason
This AD was prompted by reports of loss of retention of the
regulator inlet filter retainer on certain crew oxygen cylinder
assemblies. The FAA is issuing this AD to address loss of retention
of the regulator inlet filter retainer on certain crew oxygen
cylinder assemblies. This condition could lead to particle ingestion
into the regulator during ground handling, possibly resulting in
ignition/fire during system ground operational testing.
(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
2019-0168, dated July 16, 2019 (``EASA AD 2019-0168'').
(h) Exceptions to EASA AD 2019-0168
(1) Where EASA AD 2019-0168 refers to its effective date this AD
requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0168 does not apply
to this AD.
(3) Where paragraphs (1) and (2) of EASA AD 2019-0168 state
``the instructions of the
[[Page 11284]]
AOT,'' replace that language with ``paragraph 4.2.2., Inspection
Requirements, of the AOT.''
(4) Where paragraph (1) of EASA AD 2019-0168 specifies to
``inspect each affected part,'' this AD requires a one-time
inspection of any ``affected part'' that is installed on-wing.
(i) No Reporting Required
Although the service information referenced in EASA AD 2019-0168
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) No Return of Parts Required
Although the service information referenced in EASA AD 2019-0168
specifies to return affected parts to the manufacturer, this AD does
not include that requirement.
(k) 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 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 (l) 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 2019-0168 that contains RC procedures and
tests: Except as required by paragraph (k)(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.
(l) Related Information
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; telephone
and fax 206 231 3218; email [email protected].
(m) 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 2019-0168,
dated July 16, 2019.
(ii) [Reserved]
(3) For information about EASA AD 2019-0168, 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.
(4) You may view this 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. 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-
2019-0016.
(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
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on February 7, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-03968 Filed 2-26-20; 8:45 am]
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