Airworthiness Directives; Airbus SAS Airplanes, 23262-23264 [2020-08754]
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23262
Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0338; Product
Identifier 2020–NM–047–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Airbus SAS Model A350–941
and –1041 airplanes. This proposed AD
was prompted by the results of
laboratory tests on non-rechargeable
lithium batteries installed in certain
emergency locator transmitters (ELT),
which highlighted a lack of protection
against current injections of 28 volts
direct current (DC) or 115 volts
alternating current (AC) that could lead
to thermal runaway and a battery fire.
This proposed AD would require
modifying a certain ELT by installing a
diode between the ELT and the terminal
block, as specified in a European Union
Aviation Safety Agency (EASA) AD,
which will be incorporated by reference.
The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
The FAA must receive comments
on this proposed AD by June 11, 2020.
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: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For the material identified in this
proposed AD 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
lotter on DSKBCFDHB2PROD with PROPOSALS
DATES:
VerDate Sep<11>2014
16:59 Apr 24, 2020
Jkt 250001
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0338.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0338; 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, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Kathleen Arrigotti, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3218; email
kathleen.arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites 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–2020–0338; Product
Identifier 2020–NM–047–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM based on
those comments.
The FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact received about this NPRM.
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0070, dated March 24, 2020
(‘‘EASA AD 2020–0070’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A350–941
and –1041 airplanes.
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
This proposed AD was prompted by
the results of laboratory tests on nonrechargeable lithium batteries installed
in certain ELTs, which highlighted a
lack of protection against current
injections of 28 volts DC or 115 volts AC
that could lead to thermal runaway and
a battery fire. The FAA is proposing this
AD to address local fires in nonrechargeable lithium batteries installed
in certain ELTs, which could result in
damage to the airplane and injury to
occupants. See the MCAI for additional
background information.
Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0070 describes
procedures for modifying a certain ELT
by installing a diode between the ELT
and the terminal block. 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 the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is proposing this AD
after evaluating all the relevant
information and determining the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
EASA AD 2020–0070 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially 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. The FAA has since
coordinated with other manufacturers
and civil aviation authorities (CAAs) to
use this process. As a result, EASA AD
2020–0070 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
E:\FR\FM\27APP1.SGM
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Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Proposed Rules
compliance with EASA AD 2020–0070
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
the EASA AD 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 the EASA AD. Service
information specified in EASA AD
2020–0070 that is required for
compliance with EASA AD 2020–0070
will be available on the internet at
23263
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0338 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 7 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
5 work-hours × $85 per hour = $425 ..........................................................................................
$400
$825
$5,775
According to the manufacturer, some
or all of the costs of this proposed 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 the cost
estimate.
(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.
Authority for This Rulemaking
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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.
lotter on DSKBCFDHB2PROD with PROPOSALS
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,
VerDate Sep<11>2014
16:59 Apr 24, 2020
Jkt 250001
List of Subjects in 14 CFR Part 39
The Proposed Amendment
(e) Reason
This AD was prompted by the results of
laboratory tests on non-rechargeable lithium
batteries installed in certain emergency
locator transmitters (ELTs), which
highlighted a lack of protection against
current injections of 28 volts direct current
(DC) or 115 volts alternating current (AC) that
could lead to thermal runaway and a battery
fire. The FAA is issuing this AD to address
local fires in non-rechargeable lithium
batteries installed in ELTs, which could
result in damage to the airplane and injury
to occupants.
(f) Compliance
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
Comply with this AD within the
compliance times specified, unless already
done.
PART 39—AIRWORTHINESS
DIRECTIVES
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 2020–0070.
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Airbus SAS: Docket No. FAA–2020–0338;
Product Identifier 2020–NM–047–AD.
(a) Comments Due Date
The FAA must receive comments by June
11, 2020.
(b) Affected ADs
None.
(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
2020–0070, dated March 24, 2020 (‘‘EASA
AD 2020–0070’’).
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/Furnishings.
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Fmt 4702
Sfmt 4702
(g) Requirements
(h) Exceptions to EASA AD 2020–0070
(1) Where EASA AD 2020–0070 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0070 does not apply to this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or 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 (j)(2) of this AD.
Information may be emailed to: 9-ANM-116AMOC-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.
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Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Proposed Rules
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2020–0070 that contains RC procedures and
tests: Except as required by paragraph (i)(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.
(j) Related Information
(1) For information about EASA AD 2020–
0070, 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. You may view this
material at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195. This
material may be found in the AD docket on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2020–0338.
(2) For more information about this AD,
contact Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
telephone and fax 206–231–3218; email
kathleen.arrigotti@faa.gov.
Issued on April 17, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–08754 Filed 4–24–20; 8:45 am]
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BILLING CODE 4910–13–P
AGENCY:
between Davis Dam (Bullhead City,
Arizona) and Headgate Dam (Parker,
Arizona). Special local regulations exist
for the marine event to allow for special
use of the Colorado River, Parker, AZ for
this event.
The purpose of this rulemaking is to
update the location for the Great
Western Tube Float which will provide
effective control over the marine event
and insure safety of life in the regatta or
marine parade area. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70041.
ACTION:
III. Discussion of Proposed Rule
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0217]
RIN 1625–AA08
Special Local Regulation; Great
Western Tube Float; Colorado River,
Parker, AZ
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard is proposing
to change the location of the special
local regulation for the annual Great
Western Tube Float, which is held on
the navigable waters of the Colorado
River in Parker, AZ. The change of the
location for the special local regulation
is necessary to provide for the safety of
life on the navigable waters during the
event. This action will restrict vessel
traffic in certain waters of the Colorado
River, from 7 a.m. to 6 p.m. one
Saturday in June, from Buckskin
Mountain State Park to La Paz County
Park. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 12, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0217 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Briana Biagas, Waterways Management,
U.S. Coast Guard; telephone 619–278–
7656, email D11MarineEventsSD@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The Great Western Tube Float is an
annual recurring event listed in Table 1,
Item 9 of 33 CFR 100.1102, Annual
Marine Events on the Colorado River,
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16:59 Apr 24, 2020
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PO 00000
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Fmt 4702
Sfmt 4702
The Great Western Tube Float is an
annual event normally held on a
Saturday in June on the waters of the
Colorado River, Parker, AZ.
33 CFR 100.1102 lists the annual
marine events and special local
regulations on the Colorado River,
between Davis Dam (Bullhead City,
Arizona) and Headgate Dam (Parker,
Arizona). The enforcement date and
regulated location for this marine event
are listed in Table 1, Item 9 of Section
100.1102.
The location listed in the Table
indicates that the marine event will
occur on the navigable waters of the
Colorado River from La Paz County Park
to the BlueWater Resort and Casino,
immediately before the Headgate Dam.
However, this rule will change the
location to the navigable waters of the
Colorado River from Buckskin Mountain
State Park to La Paz County Park, to
reflect the actual location of this year’s
event. This change is needed to
accommodate the sponsor’s event plan
and ensure that adequate regulations are
in place to protect the safety of vessels
and individuals that may be present in
the regulated area. No other portion of
Table 1 of Section 100.1102 or other
provisions in Section 100.1102 would
be affected by this regulation.
The special local regulations are
necessary to provide for the safety of the
crew, spectators, participants, and other
vessels and users of the Colorado River
waterway. Persons and vessels will
continue to be prohibited from
anchoring, blocking, loitering, or
impeding within this regulated
waterway during the enforcement
period unless authorized by the COTP,
or his designated representative.
Additionally, movement of all vessels
within the regulated area and entry of
all vessels into the regulated area will be
restricted. Before the effective period,
the Coast Guard will publish
information on the event in the weekly
LNM. The proposed regulatory text
appears at the end of this document.
E:\FR\FM\27APP1.SGM
27APP1
Agencies
[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Proposed Rules]
[Pages 23262-23264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08754]
[[Page 23262]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0338; Product Identifier 2020-NM-047-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 and -1041 airplanes. This
proposed AD was prompted by the results of laboratory tests on non-
rechargeable lithium batteries installed in certain emergency locator
transmitters (ELT), which highlighted a lack of protection against
current injections of 28 volts direct current (DC) or 115 volts
alternating current (AC) that could lead to thermal runaway and a
battery fire. This proposed AD would require modifying a certain ELT by
installing a diode between the ELT and the terminal block, as specified
in a European Union Aviation Safety Agency (EASA) AD, which will be
incorporated by reference. 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 June 11,
2020.
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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For the material identified in this proposed AD 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, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0338.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0338; 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, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; 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 to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0338;
Product Identifier 2020-NM-047-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0070, dated March 24, 2020
(``EASA AD 2020-0070'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A350-941 and -1041 airplanes.
This proposed AD was prompted by the results of laboratory tests on
non-rechargeable lithium batteries installed in certain ELTs, which
highlighted a lack of protection against current injections of 28 volts
DC or 115 volts AC that could lead to thermal runaway and a battery
fire. The FAA is proposing this AD to address local fires in non-
rechargeable lithium batteries installed in certain ELTs, which could
result in damage to the airplane and injury to occupants. See the MCAI
for additional background information.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0070 describes procedures for modifying a certain ELT
by installing a diode between the ELT and the terminal block. 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 the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD after evaluating all the
relevant information and determining the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0070 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially 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. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0070
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require
[[Page 23263]]
compliance with EASA AD 2020-0070 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 the EASA AD 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
the EASA AD. Service information specified in EASA AD 2020-0070 that is
required for compliance with EASA AD 2020-0070 will be available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0338 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 7 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425........................... $400 $825 $5,775
----------------------------------------------------------------------------------------------------------------
According to the manufacturer, some or all of the costs of this
proposed 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 the 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
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) 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.
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 adding the following new airworthiness
directive (AD):
Airbus SAS: Docket No. FAA-2020-0338; Product Identifier 2020-NM-
047-AD.
(a) Comments Due Date
The FAA must receive comments by June 11, 2020.
(b) Affected ADs
None.
(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 2020-0070, dated March 24,
2020 (``EASA AD 2020-0070'').
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.
(e) Reason
This AD was prompted by the results of laboratory tests on non-
rechargeable lithium batteries installed in certain emergency
locator transmitters (ELTs), which highlighted a lack of protection
against current injections of 28 volts direct current (DC) or 115
volts alternating current (AC) that could lead to thermal runaway
and a battery fire. The FAA is issuing this AD to address local
fires in non-rechargeable lithium batteries installed in ELTs, which
could result in damage to the airplane and injury to occupants.
(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 2020-0070.
(h) Exceptions to EASA AD 2020-0070
(1) Where EASA AD 2020-0070 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0070 does not apply
to this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or 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 (j)(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.
[[Page 23264]]
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
(3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0070 that contains RC procedures and
tests: Except as required by paragraph (i)(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.
(j) Related Information
(1) For information about EASA AD 2020-0070, 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 material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0338.
(2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3218; email [email protected].
Issued on April 17, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-08754 Filed 4-24-20; 8:45 am]
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