Airworthiness Directives; Airbus SAS Airplanes, 45776-45779 [2020-16485]
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45776
Federal Register / Vol. 85, No. 147 / Thursday, July 30, 2020 / Rules and Regulations
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on July 16, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–16408 Filed 7–29–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0588; Product
Identifier 2020–NM–048–AD; Amendment
39–21173; AD 2020–15–10]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A350–941 airplanes.
This AD was prompted by reports of
improperly locked diagonal struts
located in a certain section of the
fuselage; the teeth of the lock washers
were incorrectly engaged, which could
lead to a loss of tightening torque of an
affected strut. This AD requires
inspecting the diagonal strut for correct
installation and for correct locking of
the lock washers, and corrective actions
if necessary, 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 becomes effective
August 14, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 14, 2020.
The FAA must receive comments on
this AD by September 14, 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: 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 AD
that is incorporated by reference (IBR),
contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email
ADs@easa.europa.eu; internet
www.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–
0588.
attachments or rear cone joints, and
consequent reduction or loss of control
of the airplane. See the MCAI for
additional background information.
Examining the AD Docket
FAA’s Determination
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, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is issuing this AD
because the FAA evaluated all pertinent
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0588; 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 AD, 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:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0071, dated March 25, 2020
(‘‘EASA AD 2020–0071’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A350–941
airplanes.
This AD was prompted by reports of
improperly locked diagonal struts
located in a certain section of the
fuselage; the teeth of the lock washers
were incorrectly engaged, which could
lead to a loss of tightening torque of an
affected strut. The FAA is issuing this
AD to address this condition, which
could affect the structural integrity of
the surrounding parts, possibly resulting
in failure of the horizontal tail plane
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Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0071 describes
procedures for inspecting the diagonal
strut for correct installation and for
correct locking of the lock washers, and
corrective actions if necessary. The
corrective actions include a general
visual inspection of the affected strut for
damage, repair of damaged struts, and
re-installation of affected struts with no
damage.
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.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2020–
0071 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
2020–0071 is incorporated by reference
in this final rule. This AD, therefore,
requires compliance with EASA AD
2020–0071 in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this AD. Using
common terms that are the same as the
heading of a particular section in the
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Federal Register / Vol. 85, No. 147 / Thursday, July 30, 2020 / Rules and Regulations
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 2020–0071 that is required for
compliance with EASA AD 2020–0071
is available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0588.
FAA’s Justification and Determination
of the Effective Date
Since there are currently no domestic
operators of these products, notice and
opportunity for public comment before
issuing this AD are unnecessary. In
addition, for the reasons stated above,
the FAA finds that good cause exists for
making this amendment effective in less
than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
the FAA did not precede it by notice
and opportunity for public comment.
The FAA invites you to send any
written relevant data, views, or
arguments about this AD. Send your
comments to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2020–0588; Product Identifier
2020–NM–048–AD’’ at the beginning of
your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this AD based on
those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
the FAA receives, 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 the FAA receives about this AD.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this final rule,
request for comments, contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this
final rule, request for comments, it is
important that you clearly designate the
submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this final rule, request for comments.
Submissions containing CBI should be
sent to the person identified in the FOR
FURTHER INFORMATION CONTACT section.
Any commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.registered airplanes. If an affected
airplane is imported and placed on the
U.S. Register in the future, the FAA
provides the following cost estimates to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS *
Labor cost
Parts cost
Cost per
product
3 work-hours × $85 per hour = $340 ......................................................................................................................
$0
$255
* Table does not include estimated costs for reporting.
The FAA estimates that it would take
about 1 work-hour per product to
comply with the reporting requirement
in this AD. The average labor rate is $85
per hour. Based on these figures, the
FAA estimates the cost of reporting the
inspection results on U.S. operators to
be $85 per product.
ESTIMATED COSTS OF ON-CONDITION ACTIONS *
Labor cost
Parts cost
Cost per
product
2 work-hours × $85 per hour = $170 ......................................................................................................................
$0
$170
* Table does not include estimated costs for the on-condition repair of damaged struts. The FAA has received no definitive data that would enable us to provide cost estimates for that action.
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Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a current valid
VerDate Sep<11>2014
16:01 Jul 29, 2020
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OMB control number. The control
number for the collection of information
required by this AD is 2120–0056. The
paperwork cost associated with this AD
has been detailed in the Costs of
Compliance section of this document
and includes time for reviewing
instructions, as well as completing and
reviewing the collection of information.
Therefore, all reporting associated with
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this AD is mandatory. Comments
concerning the accuracy of this burden
and suggestions for reducing the burden
should be directed to Information
Collection Clearance Officer, Federal
Aviation Administration, 10101
Hillwood Parkway, Fort Worth, TX
76177–1524.
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Federal Register / Vol. 85, No. 147 / Thursday, July 30, 2020 / Rules and Regulations
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 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,
and
(2) Will not affect intrastate aviation
in Alaska.
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
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2020–15–10 Airbus SAS: Amendment 39–
21173; Docket No. FAA–2020–0588;
Product Identifier 2020–NM–048–AD.
VerDate Sep<11>2014
16:01 Jul 29, 2020
Jkt 250001
(a) Effective Date
This AD becomes effective August 14,
2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies Airbus SAS Model A350–
941 airplanes, certificated in any category, as
identified in European Union Aviation Safety
Agency (EASA) AD 2020–0071, dated March
25, 2020 (‘‘EASA AD 2020–0071’’).
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Reason
This AD was prompted by reports of
improperly locked diagonal struts located in
a certain section of the fuselage; the teeth of
the lock washers were incorrectly engaged,
which could lead to a loss of tightening
torque of an affected strut. The FAA is
issuing this AD to address this condition,
which could affect the structural integrity of
the surrounding parts, possibly resulting in
failure of the horizontal tail plane
attachments or rear cone joints, and
consequent reduction or loss of control of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2020–0071.
(h) Exceptions to EASA AD 2020–0071
(1) The ‘‘Remarks’’ section of EASA AD
2020–0071 does not apply to this AD.
(2) Paragraph (3) of EASA AD 2020–0071
specifies to report inspection results to
Airbus within a certain compliance time. For
this AD, report inspection results at the
applicable time specified in paragraph
(h)(2)(i) or (ii) of this AD.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 30 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
within 30 days after the effective date of 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 Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (j) of this AD.
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Fmt 4700
Sfmt 4700
Information may be emailed to: 9-AVS-AIR730-AMOC@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, 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
2020–0071 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.
(4) Paperwork Reduction Act Burden
Statement: A federal agency may not conduct
or sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, searching existing data sources,
gathering and maintaining the data needed,
and completing and reviewing the collection
of information. All responses to this
collection of information are mandatory as
required by this AD; the nature and extent of
confidentiality to be provided, if any. Send
comments regarding this burden estimate or
any other aspect of this collection of
information, including suggestions for
reducing this burden to Information
Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
(j) Related Information
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.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
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Federal Register / Vol. 85, No. 147 / Thursday, July 30, 2020 / Rules and Regulations
(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 2020–0071, dated March 25,
2020.
(ii) [Reserved]
(3) For information about EASA AD 2020–
0071, 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,
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–2020–0588.
(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 July 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–16485 Filed 7–29–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0598; Product
Identifier 2018–SW–030–AD; Amendment
39–21194; AD 2020–16–10]
RIN 2120–AA64
Airworthiness Directives; Bell Textron
Inc. (Type Certificate Previously Held
by Bell Helicopter Textron Inc.)
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Bell Textron Inc. (Bell) Model 204B,
205A, 205A–1, 205B, 212, 214B, 214B–
1, 412, 412CF, and 412EP helicopters.
This AD was prompted by a report of a
shoulder harness seat belt comfort clip
(comfort clip) interfering with the seat
belt inertia reel. This AD requires
removing comfort clips from service and
inspecting the seat belt shoulder harness
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SUMMARY:
VerDate Sep<11>2014
16:01 Jul 29, 2020
Jkt 250001
(harness) for a rip or an abrasion. The
actions of this AD are intended to
address an unsafe condition on these
products.
DATES: This AD is effective September 3,
2020.
ADDRESSES: For service information
identified in this final rule, contact Bell
Textron Inc., P.O. Box 482, Fort Worth,
TX 76101; telephone 817–280–3391; fax
817–280–6466; or at https://
www.bellcustomer.com. You may view
the referenced service information at the
FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX
76177.
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–2018–
0598; 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 AD, 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:
Kuethe Harmon, Safety Management
Program Manager, DSCO Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone 817–222–5198; fax:
817–222–4960; email: Kuethe.Harmon@
faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to Bell Model 204B, 205A, 205A–
1, 205B, 212, 214B, 214B–1, 412, 412CF,
and 412EP helicopters with a comfort
clip part number (P/N) D7LZ–6560286–
A, D7LZ–6560286–B, or 504636–401
installed. The NPRM published in the
Federal Register on April 6, 2020 (85
FR, 19113). The NPRM was prompted
by a series of service bulletins issued by
Bell reporting an issue with comfort clip
P/Ns D7LZ–6560286–A, D7LZ–
6560286–B, and 504636–401, which are
installed on seat belt assemblies. A
design review by Leonardo S.p.A.
Helicopter (formerly Agusta S.p.A.,
Finmeccanica S.p.A.) indicates the use
of the affected comfort clips could
jeopardize, in cases of impact or
deceleration, the correct functionality of
the seat belt or the seat belt inertia reel.
The NPRM proposed to require
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45779
removing comfort clips P/Ns D7LZ–
6560286–A, D7LZ–6560286–B, and
504636–401from service and inspecting
each harness for a rip or an abrasion.
The FAA is issuing this AD to address
the unsafe condition on these products.
Comments
The FAA gave the public the
opportunity to participate in developing
this AD, but the FAA did not receive
any comments on the NPRM.
FAA’s Determination
The FAA has reviewed the relevant
information and determined that an
unsafe condition exists and is likely to
exist or develop on other helicopters of
these same type designs and that air
safety and the public interest require
adopting the AD requirements as
proposed.
Related Service Information
The FAA reviewed Bell Alert Service
Bulletin (ASB) 204B–15–70 for Model
204B helicopters, Bell ASB 205–15–113
for Model 205A and 205A–1
helicopters, Bell ASB 205B–15–66 for
Model 205B helicopters, Bell ASB 212–
15–156 for Model 212 helicopters, Bell
ASB 412–15–170 for Model 412 and
412EP helicopters, and Bell ASB
412CF–15–60 for Model 412CF
helicopters, all dated January 20, 2016.
The FAA also reviewed Bell ASB 214–
15–76, dated January 11, 2016, for
Model 214B and 214B–1 helicopters.
This service information specifies
removing the comfort clips from all
crew and passenger seat belt assemblies.
Differences Between This AD and the
Service Information
The service information specifies a
compliance time of within 100 flight
hours or no later than February 21,
2016, and does not specify inspecting
each harness for a rip and an abrasion.
This AD requires a compliance time of
within 50 hours TIS and requires
inspecting each harness for a rip and an
abrasion. The FAA determined that
including an inspection for harness
damage is necessary to correct the
unsafe condition.
Costs of Compliance
The FAA estimates that this AD
affects 210 helicopters of U.S. registry.
The FAA estimates that operators may
incur the following costs in order to
comply with this AD. Labor costs are
estimated at $85 per work-hour.
Removing a comfort clip takes about
0.5 work-hour, for an estimated cost of
$43 per comfort clip.
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Agencies
[Federal Register Volume 85, Number 147 (Thursday, July 30, 2020)]
[Rules and Regulations]
[Pages 45776-45779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16485]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0588; Product Identifier 2020-NM-048-AD; Amendment
39-21173; AD 2020-15-10]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 airplanes. This AD was prompted by
reports of improperly locked diagonal struts located in a certain
section of the fuselage; the teeth of the lock washers were incorrectly
engaged, which could lead to a loss of tightening torque of an affected
strut. This AD requires inspecting the diagonal strut for correct
installation and for correct locking of the lock washers, and
corrective actions if necessary, 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 becomes effective August 14, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 14,
2020.
The FAA must receive comments on this AD by September 14, 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: 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 AD that is 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 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-
0588.
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-
0588; 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 AD, 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:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0071, dated March 25, 2020
(``EASA AD 2020-0071'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A350-941 airplanes.
This AD was prompted by reports of improperly locked diagonal
struts located in a certain section of the fuselage; the teeth of the
lock washers were incorrectly engaged, which could lead to a loss of
tightening torque of an affected strut. The FAA is issuing this AD to
address this condition, which could affect the structural integrity of
the surrounding parts, possibly resulting in failure of the horizontal
tail plane attachments or rear cone joints, and consequent reduction or
loss of control of the airplane. See the MCAI for additional background
information.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0071 describes procedures for inspecting the diagonal
strut for correct installation and for correct locking of the lock
washers, and corrective actions if necessary. The corrective actions
include a general visual inspection of the affected strut for damage,
repair of damaged struts, and re-installation of affected struts with
no damage.
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
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, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the FAA evaluated
all pertinent information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2020-0071 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 2020-0071
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2020-0071 in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Using common terms that are the same
as the heading of a particular section in the
[[Page 45777]]
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
2020-0071 that is required for compliance with EASA AD 2020-0071 is
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0588.
FAA's Justification and Determination of the Effective Date
Since there are currently no domestic operators of these products,
notice and opportunity for public comment before issuing this AD are
unnecessary. In addition, for the reasons stated above, the FAA finds
that good cause exists for making this amendment effective in less than
30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0588;
Product Identifier 2020-NM-048-AD'' at the beginning of your comments.
The most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. The FAA will consider all comments received by the closing date
and may amend this AD based on those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments the FAA receives, 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 the FAA receives about this AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this final rule, request for
comments, contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this final rule, request for
comments, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this final rule, request for comments. Submissions containing
CBI should be sent to the person identified in the FOR FURTHER
INFORMATION CONTACT section. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions *
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Cost per
Labor cost Parts cost product
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3 work-hours x $85 per hour = $340.... $0 $255
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* Table does not include estimated costs for reporting.
The FAA estimates that it would take about 1 work-hour per product
to comply with the reporting requirement in this AD. The average labor
rate is $85 per hour. Based on these figures, the FAA estimates the
cost of reporting the inspection results on U.S. operators to be $85
per product.
Estimated Costs of On-Condition Actions *
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170.... $0 $170
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* Table does not include estimated costs for the on-condition repair of
damaged struts. The FAA has received no definitive data that would
enable us to provide cost estimates for that action.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.
[[Page 45778]]
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 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, and
(2) Will not affect intrastate aviation in Alaska.
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):
2020-15-10 Airbus SAS: Amendment 39-21173; Docket No. FAA-2020-0588;
Product Identifier 2020-NM-048-AD.
(a) Effective Date
This AD becomes effective August 14, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2020-0071, dated March 25, 2020
(``EASA AD 2020-0071'').
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by reports of improperly locked diagonal
struts located in a certain section of the fuselage; the teeth of
the lock washers were incorrectly engaged, which could lead to a
loss of tightening torque of an affected strut. The FAA is issuing
this AD to address this condition, which could affect the structural
integrity of the surrounding parts, possibly resulting in failure of
the horizontal tail plane attachments or rear cone joints, and
consequent reduction or loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2020-0071.
(h) Exceptions to EASA AD 2020-0071
(1) The ``Remarks'' section of EASA AD 2020-0071 does not apply
to this AD.
(2) Paragraph (3) of EASA AD 2020-0071 specifies to report
inspection results to Airbus within a certain compliance time. For
this AD, report inspection results at the applicable time specified
in paragraph (h)(2)(i) or (ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of 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 Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (j) 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, 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 2020-0071 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.
(4) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
All responses to this collection of information are mandatory as
required by this AD; the nature and extent of confidentiality to be
provided, if any. Send comments regarding this burden estimate or
any other aspect of this collection of information, including
suggestions for reducing this burden to Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
(j) Related Information
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].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference
[[Page 45779]]
(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 2020-0071,
dated March 25, 2020.
(ii) [Reserved]
(3) For information about EASA AD 2020-0071, 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, 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-2020-0588.
(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 July 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-16485 Filed 7-29-20; 8:45 am]
BILLING CODE 4910-13-P