Airworthiness Directives; Airbus SAS Airplanes, 53156-53158 [2020-18936]
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53156
Federal Register / Vol. 85, No. 168 / Friday, August 28, 2020 / Rules and Regulations
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–2020–0201.
(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 August 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–18930 Filed 8–27–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0217; Product
Identifier 2019–NM–193–AD; Amendment
39–21183; AD 2020–15–20]
Examining the AD Docket
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2019–03–
11, which applied to certain Airbus SAS
Model A350–941 and –1041 airplanes.
AD 2019–03–11 required revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive maintenance
requirements and airworthiness
limitations. This AD requires revising
the existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective October 2,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 2, 2020.
The Director of the Federal Register
approved the incorporation by reference
of certain other publications listed in
this AD as of March 29, 2019 (84 FR
5584, February 22, 2019).
ADDRESSES: For EASA material
incorporated by reference (IBR) in this
AD, contact the EASA, KonradSUMMARY:
VerDate Sep<11>2014
16:18 Aug 27, 2020
Jkt 250001
Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
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. For Airbus
SAS service information identified in
this final rule, contact Airbus SAS,
Airworthiness Office—EAL, Rond-Point
Emile Dewoitine No: 2, 31700 Blagnac
Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 45 80; email
continued-airworthiness.a350@
airbus.com; internet https://
www.airbus.com. 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–
0217.
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0217; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
any comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Kathleen Arrigotti, Aerospace Engineer,
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
2019–0288, dated November 28, 2019
(‘‘EASA AD 2019–0288’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all Airbus SAS Model A350–941 and
–1041 airplanes.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2019–03–11,
Amendment 39–19563 (84 FR 5584,
February 22, 2019) (‘‘AD 2019–03–11’’).
AD 2019–03–11 applied to certain
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Airbus SAS Model A350–941 and –1041
airplanes. The NPRM published in the
Federal Register on April 10, 2020 (85
FR 20206). The NPRM was prompted by
a determination that new or more
restrictive airworthiness limitations are
necessary. The NPRM proposed to
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations, as
specified in an EASA AD.
The FAA is issuing this AD to address
safety-significant latent failures that
would, in combination with one or more
other specific failures or events, result
in a hazardous or catastrophic failure
condition. See the MCAI for additional
background information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The FAA received no
comments on the NPRM or on the
determination of the cost to the public.
Conclusion
The FAA reviewed the relevant data
and determined that air safety and the
public interest require adopting this
final rule as proposed, except for minor
editorial changes. The FAA has
determined that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Related IBR Material Under 1 CFR Part
51
EASA AD 2019–0288 describes
airworthiness limitations for
certification maintenance requirements.
This AD also requires Airbus A350
Airworthiness Limitations Section
(ALS) Part 3, Certification Maintenance
Requirements (CMR), Revision 04, dated
December 15, 2017; and Airbus A350
ALS Part 3, Certification Maintenance
Requirements (CMR), Variation 4.2,
dated July 26, 2018, which the Director
of the Federal Register approved for
incorporation by reference as of March
29, 2019 (84 FR 5584, February 22,
2019).
This material is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD
affects 13 airplanes of U.S. registry.
The FAA estimates the following
costs to comply with this AD:
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Federal Register / Vol. 85, No. 168 / Friday, August 28, 2020 / Rules and Regulations
The FAA estimates the total cost per
operator for the retained actions from
AD 2019–03–11 to be $7,650 (90
workhours × $85 per work-hour).
The FAA has determined that revising
the maintenance or inspection program
takes an average of 90 work-hours per
operator, although the agency
recognizes that this number may vary
from operator to operator. In the past,
the agency has estimated that this action
takes 1 work-hour per airplane. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
is more accurate than a per-airplane
estimate. The FAA estimates the total
cost per operator for the new actions to
be $7,650 (90 work-hours × $85 per
work-hour).
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: ‘‘General requirements.’’ Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
VerDate Sep<11>2014
16:18 Aug 27, 2020
Jkt 250001
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:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2019–03–11, Amendment 39–19563 (84
FR 5584, February 22, 2019), and adding
the following new AD:
■
2020–15–20 Airbus SAS: Amendment 39–
21183; Docket No. FAA–2020–0217;
Product Identifier 2019–NM–193–AD.
(a) Effective Date
This AD is effective October 2, 2020.
(b) Affected ADs
This AD replaces AD 2019–03–11,
Amendment 39–19563 (84 FR 5584, February
22, 2019) (‘‘AD 2019–03–11’’).
(c) Applicability
This AD applies to Airbus SAS Model
A350–941 and –1041 airplanes, certificated
in any category, with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before August 20, 2019.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address safety-significant latent
failures that would, in combination with one
or more other specific failures or events,
result in a hazardous or catastrophic failure
condition.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Maintenance or Inspection
Program Revision, With No Changes
This paragraph restates the requirements of
paragraph (g) of AD 2019–03–11, with no
changes. Within 90 days after March 29, 2019
(the effective date of AD 2019–03–11), revise
the existing maintenance or inspection
program, as applicable, to incorporate Airbus
A350 Airworthiness Limitations Section
(ALS) Part 3, Certification Maintenance
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
53157
Requirements (CMR), Revision 04, dated
December 15, 2017, as supplemented by
Airbus A350 ALS Part 3, Certification
Maintenance Requirements (CMR), Variation
4.2, dated July 26, 2018. The initial
compliance time for accomplishing the
actions is at the applicable times specified in
Airbus A350 Airworthiness Limitations
Section (ALS) Part 3, Certification
Maintenance Requirements (CMR), Revision
04, dated December 15, 2017, as
supplemented by Airbus A350 ALS Part 3,
Certification Maintenance Requirements
(CMR), Variation 4.2, dated July 26, 2018; or
within 90 days after March 29, 2019;
whichever occurs later.
(h) Retained No Alternative Actions or
Intervals, With a New Exception
This paragraph restates the requirements of
paragraph (h) of AD 2019–03–11, with a new
exception. Except as required by paragraph
(i) of this AD, after the existing maintenance
or inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or
intervals, may be used unless the actions or
intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (l)(1) of this AD.
(i) New Maintenance or Inspection Program
Revision
Except as specified in paragraph (j) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2019–0288, dated
November 28, 2019 (‘‘EASA AD 2019–
0288’’). Accomplishing the maintenance or
inspection program revision required by this
paragraph terminates the requirements of
paragraph (g) of this AD.
(j) Exceptions to EASA AD 2019–0288
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2019–
0288 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2019–0288
specifies revising ‘‘the approved AMP’’
within 12 months after its effective date, but
this AD requires revising the existing
maintenance or inspection program, as
applicable, to incorporate the ‘‘maintenance
tasks and associated thresholds and
intervals’’ specified in paragraph (3) of EASA
AD 2019–0288 within 90 days after the
effective date of this AD.
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2019–0288 is at the applicable
‘‘associated thresholds’’ specified in
paragraph (3) of EASA AD 2019–0288, or
within 90 days after the effective date of this
AD, whichever occurs later.
(4) The provisions specified in paragraphs
(4) and (5) of EASA AD 2019–0288 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2019–0288 does not apply to this AD.
(k) New Provisions for Alternative Actions
or Intervals
After the maintenance or inspection
program has been revised as required by
paragraph (i) of this AD, no alternative
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Federal Register / Vol. 85, No. 168 / Friday, August 28, 2020 / Rules and Regulations
actions (e.g., inspections) or intervals are
allowed unless they are approved as
specified in the provisions of the ‘‘Ref.
Publications’’ section of EASA AD 2019–
0288.
(l) 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 (m) of this AD.
Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. Before using
any approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office.
(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
2019–0288 that contains RC procedures and
tests: Except as required by paragraph (l)(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.
(m) 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.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
VerDate Sep<11>2014
16:18 Aug 27, 2020
Jkt 250001
(3) The following service information was
approved for IBR on October 2, 2020.
(i) European Union Aviation Safety Agency
(EASA) AD 2019–0288, dated November 28,
2019.
(ii) [Reserved]
(4) The following service information was
approved for IBR on March 29, 2019 (84 FR
5584, February 22, 2019).
(i) Airbus A350 Airworthiness Limitations
Section (ALS) Part 3, Certification
Maintenance Requirements (CMR), Revision
04, dated December 15, 2017.
(ii) Airbus A350 ALS Part 3, Certification
Maintenance Requirements (CMR), Variation
4.2, dated July 26, 2018.
(5) For information about EASA AD 2019–
0288, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; 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.
(6) For information about Airbus SAS
material, contact Airbus SAS, Airworthiness
Office—EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 45 80; email continuedairworthiness.a350@airbus.com; internet
https://www.airbus.com.
(7) 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–2020–0217.
(8) 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 16, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–18936 Filed 8–27–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2020–0244; Airspace
Docket No. 19–AGL–1]
RIN 2120–AA66
Amendment of VOR Federal Airways
V–24, V–97, and V–171 in the Vicinity
of Lone Rock, WI
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
This action amends VHF
Omnidirectional Range (VOR) Federal
airways V–24, V–97, and V–171 in the
vicinity of Lone Rock, WI. These
amendments are due to the planned
decommissioning of the VOR portion of
the Lone Rock, WI, VOR/Distance
Measuring Equipment (VOR/DME)
navigation aid (NAVAID) which
provides navigation guidance for
portions of the affected airways. The
Lone Rock, WI, VOR is being
decommissioned as part of the FAA’s
VOR Minimum Operational Network
(MON) program.
DATES: Effective date 0901 UTC,
November 5, 2020. The Director of the
Federal Register approves this
incorporation by reference action under
Title 1 Code of Federal Regulations part
51, subject to the annual revision of
FAA Order 7400.11 and publication of
conforming amendments.
ADDRESSES: FAA Order 7400.11D,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://
www.faa.gov/air_traffic/publications/.
For further information, you can contact
the Rules and Regulations Group,
Federal Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of FAA
Order 7400.11D at NARA, email:
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of the airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
modify the route structure as necessary
E:\FR\FM\28AUR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Rules and Regulations]
[Pages 53156-53158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18936]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0217; Product Identifier 2019-NM-193-AD; Amendment
39-21183; AD 2020-15-20]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-03-
11, which applied to certain Airbus SAS Model A350-941 and -1041
airplanes. AD 2019-03-11 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive maintenance requirements and airworthiness limitations.
This AD requires revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective October 2, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 2,
2020.
The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of March
29, 2019 (84 FR 5584, February 22, 2019).
ADDRESSES: For EASA material incorporated by reference (IBR) in this
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. For Airbus SAS service information
identified in this final rule, contact Airbus SAS, Airworthiness
Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex,
France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email
[email protected]; internet https://www.airbus.com. 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-2020-0217.
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-
0217; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, 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 2019-0288, dated November 28, 2019
(``EASA AD 2019-0288'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A350-941 and -1041 airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-03-11, Amendment 39-19563 (84 FR 5584,
February 22, 2019) (``AD 2019-03-11''). AD 2019-03-11 applied to
certain Airbus SAS Model A350-941 and -1041 airplanes. The NPRM
published in the Federal Register on April 10, 2020 (85 FR 20206). The
NPRM was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. The NPRM proposed to require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations, as
specified in an EASA AD.
The FAA is issuing this AD to address safety-significant latent
failures that would, in combination with one or more other specific
failures or events, result in a hazardous or catastrophic failure
condition. See the MCAI for additional background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.
Conclusion
The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0288 describes airworthiness limitations for
certification maintenance requirements.
This AD also requires Airbus A350 Airworthiness Limitations Section
(ALS) Part 3, Certification Maintenance Requirements (CMR), Revision
04, dated December 15, 2017; and Airbus A350 ALS Part 3, Certification
Maintenance Requirements (CMR), Variation 4.2, dated July 26, 2018,
which the Director of the Federal Register approved for incorporation
by reference as of March 29, 2019 (84 FR 5584, February 22, 2019).
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 13 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
[[Page 53157]]
The FAA estimates the total cost per operator for the retained
actions from AD 2019-03-11 to be $7,650 (90 workhours x $85 per work-
hour).
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
In the past, the agency has estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. The FAA estimates the total cost per operator for
the new actions to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2019-03-11, Amendment 39-19563 (84 FR 5584, February 22, 2019), and
adding the following new AD:
2020-15-20 Airbus SAS: Amendment 39-21183; Docket No. FAA-2020-0217;
Product Identifier 2019-NM-193-AD.
(a) Effective Date
This AD is effective October 2, 2020.
(b) Affected ADs
This AD replaces AD 2019-03-11, Amendment 39-19563 (84 FR 5584,
February 22, 2019) (``AD 2019-03-11'').
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before August 20, 2019.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address safety-significant latent failures that
would, in combination with one or more other specific failures or
events, result in a hazardous or catastrophic failure condition.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Maintenance or Inspection Program Revision, With No
Changes
This paragraph restates the requirements of paragraph (g) of AD
2019-03-11, with no changes. Within 90 days after March 29, 2019
(the effective date of AD 2019-03-11), revise the existing
maintenance or inspection program, as applicable, to incorporate
Airbus A350 Airworthiness Limitations Section (ALS) Part 3,
Certification Maintenance Requirements (CMR), Revision 04, dated
December 15, 2017, as supplemented by Airbus A350 ALS Part 3,
Certification Maintenance Requirements (CMR), Variation 4.2, dated
July 26, 2018. The initial compliance time for accomplishing the
actions is at the applicable times specified in Airbus A350
Airworthiness Limitations Section (ALS) Part 3, Certification
Maintenance Requirements (CMR), Revision 04, dated December 15,
2017, as supplemented by Airbus A350 ALS Part 3, Certification
Maintenance Requirements (CMR), Variation 4.2, dated July 26, 2018;
or within 90 days after March 29, 2019; whichever occurs later.
(h) Retained No Alternative Actions or Intervals, With a New Exception
This paragraph restates the requirements of paragraph (h) of AD
2019-03-11, with a new exception. Except as required by paragraph
(i) of this AD, after the existing maintenance or inspection program
has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or intervals, may be used
unless the actions or intervals are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (l)(1) of this AD.
(i) New Maintenance or Inspection Program Revision
Except as specified in paragraph (j) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2019-0288, dated November 28, 2019 (``EASA AD 2019-0288'').
Accomplishing the maintenance or inspection program revision
required by this paragraph terminates the requirements of paragraph
(g) of this AD.
(j) Exceptions to EASA AD 2019-0288
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2019-0288 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2019-0288 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, to incorporate the ``maintenance tasks and associated
thresholds and intervals'' specified in paragraph (3) of EASA AD
2019-0288 within 90 days after the effective date of this AD.
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2019-0288 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2019-0288, or
within 90 days after the effective date of this AD, whichever occurs
later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2019-0288 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2019-0288 does not apply
to this AD.
(k) New Provisions for Alternative Actions or Intervals
After the maintenance or inspection program has been revised as
required by paragraph (i) of this AD, no alternative
[[Page 53158]]
actions (e.g., inspections) or intervals are allowed unless they are
approved as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2019-0288.
(l) 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 (m) 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 2019-0288 that contains RC procedures and
tests: Except as required by paragraph (l)(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.
(m) 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].
(n) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(3) The following service information was approved for IBR on
October 2, 2020.
(i) European Union Aviation Safety Agency (EASA) AD 2019-0288,
dated November 28, 2019.
(ii) [Reserved]
(4) The following service information was approved for IBR on
March 29, 2019 (84 FR 5584, February 22, 2019).
(i) Airbus A350 Airworthiness Limitations Section (ALS) Part 3,
Certification Maintenance Requirements (CMR), Revision 04, dated
December 15, 2017.
(ii) Airbus A350 ALS Part 3, Certification Maintenance
Requirements (CMR), Variation 4.2, dated July 26, 2018.
(5) For information about EASA AD 2019-0288, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.easa.europa.eu. You
may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
(6) For information about Airbus SAS material, contact Airbus
SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2,
31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 45 80; email [email protected]; internet
https://www.airbus.com.
(7) 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-2020-0217.
(8) 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 16, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-18936 Filed 8-27-20; 8:45 am]
BILLING CODE 4910-13-P
