Airworthiness Directives; Airbus Airplanes, 47122-47125 [2020-16843]

Download as PDF 47122 Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Proposed Rules Note 2 to paragraph (g)(2) of this AD: Paint coatings may mask the initial stages of corrosion, and faying surfaces, such as riveted lap joints, may hide corrosion. (h) Corrective Actions (1) If any evidence of corrosion is found during any inspection required by paragraph (g) of this AD, before further flight, remove the corrosion and determine whether the thickness of the component meets or exceeds the minimum thickness at all locations in accordance with table 2 and step 5 in Part I Wing Spar Inspection of Piper SB No. 1304A. (2) If corrosion preventative compound was removed as part of any inspection required by paragraph (g) of this AD, before further flight, apply corrosion preventative compound by following step 1 in Part III Return to Service of Piper SB No. 1304A. jbell on DSKJLSW7X2PROD with PROPOSALS (i) Credit for Actions Done Following Previous Service Information This paragraph provides credit for the initial inspection and application of corrosion preventative compound required by paragraphs (g) and (h)(2) of this AD if you performed the inspection before the effective date of this AD using Piper Aircraft, Inc. Service Bulletin No. 1304, dated August 23, 2017, and no evidence of corrosion was found. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Atlanta ACO 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 manager of the certification office, send it to the attention of the person identified in paragraph (k)(1) of this AD. (2) 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. (3) For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (j)(3)(i) and (ii) of this AD apply. (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. An AMOC is required for any deviations to RC steps, including substeps and identified figures. (ii) Steps not labeled 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 RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition. (k) Related Information (1) For more information about this AD, contact Dan McCully, Aerospace Engineer, FAA, Atlanta ACO Branch, 1701 Columbia Avenue, College Park, Georgia 30337; telephone: (404) 474–5548; fax: (404) 474– 5606; email: william.mccully@faa.gov. VerDate Sep<11>2014 17:23 Aug 03, 2020 Jkt 250001 (2) For service information identified in this AD, contact Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960; telephone: (772) 567–4361; internet: www.piper.com. You may review this referenced service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148. Issued on July 20, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–16225 Filed 8–3–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–0681; Product Identifier 2020–NM–089–AD] RIN 2120–AA64 Airworthiness Directives; Airbus 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 airplanes. This proposed AD was prompted by a report that during the assembly of a certain section of the fuselage, the gaps found on self-aligning nuts for eight fasteners were out of tolerance. This proposed AD would require a rotating probe test of all fastener holes located in the affected area for any discrepancies, an eddy current inspection of the surrounding flange for any discrepancies, a detailed inspection of certain frames for any discrepancies, and corrective actions if necessary, 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 September 18, 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. SUMMARY: PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 • 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 material incorporated by reference (IBR) in this AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the FAA, 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– 0681. 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– 0681; 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. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. E:\FR\FM\04AUP1.SGM 04AUP1 Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Proposed Rules FAA–2020–0681; Product Identifier 2020–NM–089–AD’’ at the beginning of your 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, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments received by the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The FAA may change this NPRM because of those comments. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to 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. Discussion The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2020–0109, dated May 15, 2020 (‘‘EASA AD 2020–0109’’) (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 proposed AD was prompted by a report that during the assembly of the section 19 skin to frame (FR) 98 joint of the fuselage, the gaps found on selfaligning nuts for eight fasteners were out of tolerance. The FAA is proposing this AD to address gaps that are out of tolerance, which could reduce the fatigue and damage tolerance properties of the affected area, and possibly affect the structural integrity of the rear cone of the fuselage. See the MCAI for additional background information. Related IBR Material Under 1 CFR Part 51 EASA AD 2020–0109 describes procedures for a rotating probe test of all fastener holes located in the affected area for any discrepancies (i.e., cracking or damage), an eddy current inspection of the surrounding flange for any discrepancies, a detailed inspection of frames FR 97 to FR 99 for any discrepancies and corrective actions if necessary. Corrective actions include replacing all fasteners located in the affected area with new bolts and selfaligning nuts, and repair. 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 because the FAA evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. 47123 Proposed AD Requirements This proposed AD would require accomplishing the actions specified in EASA AD 2020–0109 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 2020–0109 will be incorporated by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2020–0109 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 2020–0109 that is required for compliance with EASA AD 2020–0109 will be available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–0681 after the FAA final rule is published. Costs of Compliance The FAA estimates that this proposed AD affects 13 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: jbell on DSKJLSW7X2PROD with PROPOSALS ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 1 work-hour × $85 per hour = $85 .............................................................................................. $0 $85 $1,105 The FAA estimates the following costs to do any necessary on-condition replacements that would be required VerDate Sep<11>2014 17:23 Aug 03, 2020 Jkt 250001 based on the results of any required actions. The FAA has no way of PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 determining the number of aircraft that might need these replacements: E:\FR\FM\04AUP1.SGM 04AUP1 47124 Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Proposed Rules ESTIMATED COSTS OF ON-CONDITION ACTIONS * Labor cost Parts cost Cost per product 6 work-hours × $85 per hour = $510 ...................................................................................................................... $70 $580 * The FAA has received no definitive data that would enable providing cost estimates for the on-condition repairs specified in this proposed AD. 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. jbell on DSKJLSW7X2PROD 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, (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. VerDate Sep<11>2014 17:23 Aug 03, 2020 Jkt 250001 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: compliance times specified in, and in accordance with, EASA AD 2020–0109. (h) Exceptions to EASA AD 2020–0109 (1) The ‘‘Remarks’’ section of EASA AD 2020–0109 does not apply to this AD. (2) Where paragraph (2) of EASA AD 2020– 0109 specifies actions if ‘‘any discrepancy is detected, as defined in the SB,’’ for this AD a discrepancy is defined as any crack or damage. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (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)(2) of this AD. 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 2020–0109 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. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and (j) Related Information (1) For information about EASA AD 2020– 0109, contact the EASA, Konrad-Adenauer- PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ Airbus SAS: Docket No. FAA–2020–0681; Product Identifier 2020–NM–089–AD. (a) Comments Due Date The FAA must receive comments by September 18, 2020. (b) Affected ADs None. (c) Applicability This AD applies to Airbus SAS Model A350–941 airplanes, certificated in any category, as identified in European Union Aviation Safety Agency (EASA) AD 2020– 0109, dated May 15, 2020 (‘‘EASA AD 2020– 0109’’). (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Reason This AD was prompted by a report that during the assembly of the section 19 skin to frame (FR) 98 joint of the fuselage, the gaps found on self-aligning nuts for eight fasteners were out of tolerance. The FAA is issuing this AD to address gaps that are out of tolerance, which could reduce the fatigue and damage tolerance properties of the affected area, and possibly affect the structural integrity of the rear cone of the fuselage. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\04AUP1.SGM 04AUP1 Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Proposed Rules Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; email ADs@ easa.europa.eu; Internet www.easa.europa.eu. You may find this EASA AD on the EASA website at https:// ad.easa.europa.eu. You may view this 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–2020–0681. (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 July 29, 2020. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–16843 Filed 8–3–20; 8:45 am] BILLING CODE 4910–13–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2020–0178; EPA–R01– OAR–2017–0344; FRL–10012–69–Region 1] Air Plan Approval; New Hampshire; Infrastructure State Implementation Plan Requirements for the 2015 Ozone and 2012 PM2.5 Standards Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. This revision addresses the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2015 ozone National Ambient Air Quality Standards (NAAQS). This proposed action includes all elements of these infrastructure requirements except for the ‘‘Good Neighbor’’ or ‘‘transport’’ provisions, which will be addressed in a future action. We are also proposing to grant the state an exemption from the infrastructure SIP contingency plan obligation for ozone, and to conditionally approve several elements of New Hampshire’s submittal relating to air-quality modeling requirements. In addition, we are proposing to correct errors in our previous approval of an infrastructure SIP submission from New Hampshire for the 2012 PM2.5 NAAQS jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:23 Aug 03, 2020 Jkt 250001 and to conditionally approve several elements of that submittal. The infrastructure requirements are designed to ensure that the structural components of each state’s air quality management program are adequate to meet the state’s responsibilities under the CAA. This action is being taken under the Clean Air Act. DATES: Written comments must be received on or before September 3, 2020. Submit your comments, identified by Docket ID No. EPA–R01– OAR–2020–0178 at https:// www.regulations.gov, or via email to simcox.alison@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Air and Radiation Division, 5 Post Office Square—Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays and facility closures due to COVID–19. FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office Square— Suite 100, (Mail code 05–2), Boston, MA ADDRESSES: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 47125 02109—3912, tel. (617) 918–1684, email simcox.alison@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Table of Contents I. Background and Purpose. A. What is the scope of this rulemaking? B. What guidance is EPA using to evaluate these SIP submissions? II. EPA’s Evaluation of New Hampshire’s Infrastructure SIP for the 2015 Ozone Standard. A. Section 110(a)(2)(A)—Emission Limits and Other Control Measures. B. Section 110(a)(2)(B)—Ambient Air Quality Monitoring/Data System. C. Section 110(a)(2)(C)—Program for Enforcement of Control Measures and for Construction or Modification of Stationary Sources. D. Section 110(a)(2)(D)—Interstate Transport. E. Section 110(a)(2)(E)—Adequate Resources. F. Section 110(a)(2)(F)—Stationary Source Monitoring System. G. Section 110(a)(2)(G)—Emergency Powers. H. Section 110(a)(2)(H)—Future SIP Revisions. I. Section 110(a)(2)(I)—Nonattainment Area Plan or Plan Revisions Under Part D. J. Section 110(a)(2)(J)—Consultation With Government Officials; Public Notifications; Prevention of Significant Deterioration; Visibility Protection. K. Section 110(a)(2)(K)—Air Quality Modeling/Data. L. Section 110(a)(2)(L)—Permitting Fees. M. Section 110(a)(2)(M)—Consultation/ Participation by Affected Local Entities. III. Proposed Action. IV. Statutory and Executive Order Reviews. I. Background and Purpose On October 1, 2015, EPA promulgated a revision to the ozone NAAQS (2015 ozone NAAQS), lowering the level of both the primary and secondary standards to 0.070 parts per million (ppm).1 Section 110(a)(1) of the CAA requires states to submit, within 3 years after promulgation of a new or revised standard, SIPs meeting the applicable requirements of section 110(a)(2).2 On September 5, 2018, the New Hampshire Department of Environmental Services (NHDES) submitted a revision to its State Implementation Plan (SIP). The 1 National Ambient Air Quality Standards for Ozone, Final Rule, 80 FR 65292 (October 26, 2015). Although the level of the standard is specified in the units of ppm, ozone concentrations are also described in parts per billion (ppb). For example, 0.070 ppm is equivalent to 70 ppb. 2 SIP revisions that are intended to meet the applicable requirements of section 110(a)(1) and (2) of the CAA are often referred to as infrastructure SIPs, and the applicable elements under 110(a)(2) are referred to as infrastructure requirements. E:\FR\FM\04AUP1.SGM 04AUP1

Agencies

[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Proposed Rules]
[Pages 47122-47125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16843]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0681; Product Identifier 2020-NM-089-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus 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 airplanes. This proposed AD was 
prompted by a report that during the assembly of a certain section of 
the fuselage, the gaps found on self-aligning nuts for eight fasteners 
were out of tolerance. This proposed AD would require a rotating probe 
test of all fastener holes located in the affected area for any 
discrepancies, an eddy current inspection of the surrounding flange for 
any discrepancies, a detailed inspection of certain frames for any 
discrepancies, and corrective actions if necessary, 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 September 
18, 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 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, 
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-2020-0681.

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-
0681; 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. The most helpful comments reference a 
specific portion of the proposal, explain the reason for any 
recommended change, and include supporting data. To ensure the docket 
does not contain duplicate comments, commenters should send only one 
copy of written comments, or if comments are filed electronically, 
commenters should submit only one time. Send your comments to an 
address listed under the ADDRESSES section. Include ``Docket No.

[[Page 47123]]

FAA-2020-0681; Product Identifier 2020-NM-089-AD'' at the beginning of 
your 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, 
as well as a report summarizing each substantive public contact with 
FAA personnel concerning this proposed rulemaking. Before acting on 
this proposal, the FAA will consider all comments received by the 
closing date for comments. The FAA will consider comments filed after 
the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this NPRM because of 
those comments.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 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.

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0109, dated May 15, 2020 
(``EASA AD 2020-0109'') (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 proposed AD was prompted by a report that during the assembly 
of the section 19 skin to frame (FR) 98 joint of the fuselage, the gaps 
found on self-aligning nuts for eight fasteners were out of tolerance. 
The FAA is proposing this AD to address gaps that are out of tolerance, 
which could reduce the fatigue and damage tolerance properties of the 
affected area, and possibly affect the structural integrity of the rear 
cone of the fuselage. See the MCAI for additional background 
information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0109 describes procedures for a rotating probe test of 
all fastener holes located in the affected area for any discrepancies 
(i.e., cracking or damage), an eddy current inspection of the 
surrounding flange for any discrepancies, a detailed inspection of 
frames FR 97 to FR 99 for any discrepancies and corrective actions if 
necessary. Corrective actions include replacing all fasteners located 
in the affected area with new bolts and self-aligning nuts, and repair.
    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 because the FAA 
evaluated all the relevant information and determined 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 2020-0109 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 2020-0109 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0109 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 2020-0109 that is required for compliance with EASA AD 2020-
0109 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-0681 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 13 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
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85           $1,105
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of 
any required actions. The FAA has no way of determining the number of 
aircraft that might need these replacements:

[[Page 47124]]



                Estimated Costs of On-Condition Actions *
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
6 work-hours x $85 per hour = $510....             $70             $580
------------------------------------------------------------------------
* The FAA has received no definitive data that would enable providing
  cost estimates for the on-condition repairs specified in this proposed
  AD.

    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-2020-0681; Product Identifier 2020-NM-
089-AD.

(a) Comments Due Date

    The FAA must receive comments by September 18, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes, 
certificated in any category, as identified in European Union 
Aviation Safety Agency (EASA) AD 2020-0109, dated May 15, 2020 
(``EASA AD 2020-0109'').

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report that during the assembly of the 
section 19 skin to frame (FR) 98 joint of the fuselage, the gaps 
found on self-aligning nuts for eight fasteners were out of 
tolerance. The FAA is issuing this AD to address gaps that are out 
of tolerance, which could reduce the fatigue and damage tolerance 
properties of the affected area, and possibly affect the structural 
integrity of the rear cone of the fuselage.

(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 2020-0109.

(h) Exceptions to EASA AD 2020-0109

    (1) The ``Remarks'' section of EASA AD 2020-0109 does not apply 
to this AD.
    (2) Where paragraph (2) of EASA AD 2020-0109 specifies actions 
if ``any discrepancy is detected, as defined in the SB,'' for this 
AD a discrepancy is defined as any crack or damage.

(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)(2) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, 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 2020-0109 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 2020-0109, contact the EASA, 
Konrad-Adenauer-

[[Page 47125]]

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-2020-0681.
    (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 July 29, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-16843 Filed 8-3-20; 8:45 am]
BILLING CODE 4910-13-P