Airworthiness Directives; Airbus SAS Airplanes, 54891-54893 [2020-19402]
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Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0338; Product
Identifier 2020–NM–047–AD; Amendment
39–21224; AD 2020–18–03]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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FOR FURTHER INFORMATION CONTACT:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A350–941 and –1041
airplanes. This AD was prompted by the
results of laboratory tests on nonrechargeable lithium batteries installed
in certain emergency locator
transmitters (ELTs), which highlighted a
lack of protection against current
injections of 28 volts direct current (DC)
or 115 volts alternating current (AC) that
could lead to thermal runaway and a
battery fire. This AD requires modifying
a certain ELT by installing a diode
between the ELT and the terminal block,
as specified in a European Union
Aviation Safety Agency (EASA) AD,
which is incorporated by reference. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective October 8,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 8, 2020.
ADDRESSES: For material incorporated
by reference (IBR) in this AD, contact
the EASA, Konrad-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. You may
view this IBR material at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0338.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
VerDate Sep<11>2014
15:53 Sep 02, 2020
Jkt 250001
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0338; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this 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.
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
2020–0070, dated March 24, 2020
(‘‘EASA AD 2020–0070’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A350–941
and –1041 airplanes.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Airbus SAS Model
A350–941 and –1041 airplanes. The
NPRM published in the Federal
Register on April 27, 2020 (85 FR
23262). The NPRM was prompted by the
results of laboratory tests on nonrechargeable lithium batteries installed
in certain ELTs, which highlighted a
lack of protection against current
injections of 28 volts DC or 115 volts AC
that could lead to thermal runaway and
a battery fire. The NPRM proposed to
require modifying a certain ELT by
installing a diode between the ELT and
the terminal block, as specified in an
EASA AD.
The FAA is issuing this AD to address
local fires in non-rechargeable lithium
batteries installed in ELTs, which could
result in damage to the airplane and
injury to occupants. See the MCAI for
additional background information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comments received on the NPRM
and the FAA’s response to each
comment.
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54891
Request To Withdraw NPRM
Delta Air Lines (DAL) noted that the
NPRM was based on the failure mode
where a wire from the ELT is shorted to
another wire carrying 28 volts DC or 115
volts AC causing voltage to be induced
into the ELT’s battery, resulting in a
battery fire. The commenter explained
that on Airbus Model A321 and A330
airplanes this failure mode could occur
because the wiring is characterized by
four discrete wires run in bundles with
other discrete wires carrying 28 volts DC
or 115 volts AC. The commenter
questioned whether the NPRM should
be applicable to Airbus Model A350
airplanes because these airplanes have a
cable assembly with its four wires
inside an outer jacket and shielding,
which would therefore mitigate the
unsafe condition addressed in the
NPRM.
The FAA infers that the commenter is
requesting that the NPRM be withdrawn
because of the unique configuration of
certain airplanes, including Airbus SAS
Model A350–941 and –1041 airplanes.
The FAA disagrees with the
commenter’s request. EASA, the State of
Design Authority for these airplane
models, conducted a risk assessment,
and concluded that the type design of
the applicable airplanes are susceptible
to the current injection of 28 volts DC
or 115 volts AC, that is not limited to
just wire chafing. Therefore, the FAA is
requiring the applicable corrective
actions in this AD to mitigate the risk of
the thermal runaway and battery fire.
The FAA has determined that it is
necessary to issue this final rule.
Request To Allow Any Color and Width
of Tape
DAL also requested that operators be
allowed to use any color and width of
reinforced silicon tape instead of part
number ASNA51072503, to protect the
wiring in the area where the diode is
secured to the harness. The commenter
explained that part number
ASNA51072503 is specified in Airbus
Service Bulletin A350–25–P152, dated
January 10, 2020 (‘‘Airbus Service
Bulletin A350–25–P152’’), and is for the
1-inch orange tape under the ASNA5107
standard [which is an aerospace
industry standard for a silicone rubber
tape]. The commenter requested
approval to use any color and width of
tape meeting the specifications of the
broader ASNA5107 standard.
The FAA partially agrees with the
commenter’s request. EASA AD 2020–
0070 refers to Airbus Service Bulletin
A350–25–P151, dated January 10, 2020
(‘‘Airbus Service Bulletin A350–25–
P151’’), and Airbus Service Bulletin
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54892
Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations
A350–25–P152, as the sources of service
information for modifying the affected
ELTs. Although the commenter
mentioned only Airbus Service Bulletin
A350–25–P152 in its comment, silicone
tape having part number
ASNA51072503 is specified in both
service bulletins. The FAA agrees that
operators can use any brightly colored
tape because orange does not have a
specific safety function. The FAA
disagrees that operators can use any
width of tape because the width could
provide a safety function. The FAA has
added paragraph (h)(3) to this AD to
specify that operators may use any
brightly colored 1-inch tape that meets
the criteria specified in the ASNA5107
standard.
Request To Allow an Alternative
Continuity Check
In addition, DAL requested and
provided an option to replace Step
3.C.(g) specified in Airbus Service
Bulletin A350–25–P152. The
commenter explained that Step 3.C.(g)
in Airbus Service Bulletin A350–25–
P152 requires a continuity test of the
modified wiring and provides no
specific steps for this test other than
referencing Electrical Standard Practices
(ESP) section A350–A–20–52–21–
00ZZZ–36AZ–A. The commenter noted
that although this ESP section does
provide basic continuity procedures, it
fails to provide a procedure for a wire
with a diode installed.
The FAA disagrees with the
commenter’s request. Based on the
report from EASA, the State of Design
Authority for these airplane models, the
FAA has determined that the
procedures described in Step 3.C.(g) of
Airbus Service Bulletin A350–25–P152
do include a continuity test that
considers an installed diode. Operators
may, however, request alternative
methods of compliance to replace Step
3.C.(g) specified in Airbus Service
Bulletin A350–25–P152 by using the
procedures described in paragraph (i)(1)
of this AD and demonstrating how this
alternative addresses the unsafe
condition. The FAA has not changed
this AD regarding this issue.
Conclusion
The FAA reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this
final rule with the changes described
previously and minor editorial changes.
The FAA has determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
The FAA also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0070 describes
procedures for modifying a certain ELT
by installing a diode between the ELT
and the terminal block. This material is
reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD
affects 7 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
5 work-hours × $85 per hour = $425 ..........................................................................................
According to the manufacturer, some
or all of the costs of this AD may be
covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage for affected
individuals. As a result, the FAA has
included all known costs in the cost
estimate.
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Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
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15:53 Sep 02, 2020
Jkt 250001
Cost per
product
$400
Cost on U.S.
operators
$825
$5,775
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.
List of Subjects in 14 CFR Part 39
Regulatory Findings
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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.
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Frm 00008
Fmt 4700
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Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
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):
■
2020–18–03 Airbus SAS: Amendment 39–
21224; Docket No. FAA–2020–0338;
Product Identifier 2020–NM–047–AD.
(a) Effective Date
This AD is effective October 8, 2020.
E:\FR\FM\03SER1.SGM
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Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A350–941 and –1041 airplanes, certificated
in any category, as identified in European
Union Aviation Safety Agency (EASA) AD
2020–0070, dated March 24, 2020 (‘‘EASA
AD 2020–0070’’).
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/Furnishings.
(e) Reason
This AD was prompted by the results of
laboratory tests on non-rechargeable lithium
batteries installed in certain emergency
locator transmitters (ELTs), which
highlighted a lack of protection against
current injections of 28 volts direct current
(DC) or 115 volts alternating current (AC) that
could lead to thermal runaway and a battery
fire. The FAA is issuing this AD to address
local fires in non-rechargeable lithium
batteries installed in ELTs, which could
result in damage to the airplane and injury
to occupants.
(j) Related Information
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2020–0070.
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(h) Exceptions to EASA AD 2020–0070
(1) Where EASA AD 2020–0070 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0070 does not apply to this AD.
(3) Where the service information specified
in EASA AD 2020–0070 specifies to use tape
having part number ASNA51072503, this AD
requires using any brightly colored 1-inch
tape that meets the criteria specified in the
ASNA5107 standard.
(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: 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.
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15:53 Sep 02, 2020
Jkt 250001
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2020–0070 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
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
(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 2020–0070, dated March 24,
2020.
(ii) [Reserved]
(3) For information about EASA AD 2020–
0070, 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.
(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–2020–0.
(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.
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54893
Issued on August 19, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–19402 Filed 9–2–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0332; Product
Identifier 2020–NM–037–AD; Amendment
39–21227; AD 2020–18–06]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A318 series
airplanes; Model A319–111, –112, –113,
–114, –115, –131, –132, and –133
airplanes; Model A320–211, –212, –214,
–216, –231, –232, and –233 airplanes;
and Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
This AD was prompted by a report that
cracks were detected on the left-hand
(LH) and right-hand (RH) sides of the
first rivet hole of the frame (FR) 43 foot
coupling during scheduled
maintenance. This AD requires a
rotating probe test of the fastener holes
at FR43 on the LH and RH sides for any
cracking, and on-condition 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 is effective October 8,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 8, 2020.
ADDRESSES: For material incorporated
by reference (IBR) in this AD, contact
the EASA, Konrad-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. You may
view this IBR material at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 2200 South
SUMMARY:
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Agencies
[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Rules and Regulations]
[Pages 54891-54893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19402]
[[Page 54891]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0338; Product Identifier 2020-NM-047-AD; Amendment
39-21224; AD 2020-18-03]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was
prompted by the results of laboratory tests on non-rechargeable lithium
batteries installed in certain emergency locator transmitters (ELTs),
which highlighted a lack of protection against current injections of 28
volts direct current (DC) or 115 volts alternating current (AC) that
could lead to thermal runaway and a battery fire. This AD requires
modifying a certain ELT by installing a diode between the ELT and the
terminal block, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is incorporated by reference. The FAA is issuing this
AD to address the unsafe condition on these products.
DATES: This AD is effective October 8, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 8,
2020.
ADDRESSES: For 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. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0338.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0338; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this 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 2020-0070, dated March 24, 2020
(``EASA AD 2020-0070'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A350-941 and -1041 airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A350-941 and -1041 airplanes. The NPRM published in the Federal
Register on April 27, 2020 (85 FR 23262). The NPRM was prompted by the
results of laboratory tests on non-rechargeable lithium batteries
installed in certain ELTs, which highlighted a lack of protection
against current injections of 28 volts DC or 115 volts AC that could
lead to thermal runaway and a battery fire. The NPRM proposed to
require modifying a certain ELT by installing a diode between the ELT
and the terminal block, as specified in an EASA AD.
The FAA is issuing this AD to address local fires in non-
rechargeable lithium batteries installed in ELTs, which could result in
damage to the airplane and injury to occupants. See the MCAI for
additional background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.
Request To Withdraw NPRM
Delta Air Lines (DAL) noted that the NPRM was based on the failure
mode where a wire from the ELT is shorted to another wire carrying 28
volts DC or 115 volts AC causing voltage to be induced into the ELT's
battery, resulting in a battery fire. The commenter explained that on
Airbus Model A321 and A330 airplanes this failure mode could occur
because the wiring is characterized by four discrete wires run in
bundles with other discrete wires carrying 28 volts DC or 115 volts AC.
The commenter questioned whether the NPRM should be applicable to
Airbus Model A350 airplanes because these airplanes have a cable
assembly with its four wires inside an outer jacket and shielding,
which would therefore mitigate the unsafe condition addressed in the
NPRM.
The FAA infers that the commenter is requesting that the NPRM be
withdrawn because of the unique configuration of certain airplanes,
including Airbus SAS Model A350-941 and -1041 airplanes. The FAA
disagrees with the commenter's request. EASA, the State of Design
Authority for these airplane models, conducted a risk assessment, and
concluded that the type design of the applicable airplanes are
susceptible to the current injection of 28 volts DC or 115 volts AC,
that is not limited to just wire chafing. Therefore, the FAA is
requiring the applicable corrective actions in this AD to mitigate the
risk of the thermal runaway and battery fire. The FAA has determined
that it is necessary to issue this final rule.
Request To Allow Any Color and Width of Tape
DAL also requested that operators be allowed to use any color and
width of reinforced silicon tape instead of part number ASNA51072503,
to protect the wiring in the area where the diode is secured to the
harness. The commenter explained that part number ASNA51072503 is
specified in Airbus Service Bulletin A350-25-P152, dated January 10,
2020 (``Airbus Service Bulletin A350-25-P152''), and is for the 1-inch
orange tape under the ASNA5107 standard [which is an aerospace industry
standard for a silicone rubber tape]. The commenter requested approval
to use any color and width of tape meeting the specifications of the
broader ASNA5107 standard.
The FAA partially agrees with the commenter's request. EASA AD
2020-0070 refers to Airbus Service Bulletin A350-25-P151, dated January
10, 2020 (``Airbus Service Bulletin A350-25-P151''), and Airbus Service
Bulletin
[[Page 54892]]
A350-25-P152, as the sources of service information for modifying the
affected ELTs. Although the commenter mentioned only Airbus Service
Bulletin A350-25-P152 in its comment, silicone tape having part number
ASNA51072503 is specified in both service bulletins. The FAA agrees
that operators can use any brightly colored tape because orange does
not have a specific safety function. The FAA disagrees that operators
can use any width of tape because the width could provide a safety
function. The FAA has added paragraph (h)(3) to this AD to specify that
operators may use any brightly colored 1-inch tape that meets the
criteria specified in the ASNA5107 standard.
Request To Allow an Alternative Continuity Check
In addition, DAL requested and provided an option to replace Step
3.C.(g) specified in Airbus Service Bulletin A350-25-P152. The
commenter explained that Step 3.C.(g) in Airbus Service Bulletin A350-
25-P152 requires a continuity test of the modified wiring and provides
no specific steps for this test other than referencing Electrical
Standard Practices (ESP) section A350-A-20-52-21-00ZZZ-36AZ-A. The
commenter noted that although this ESP section does provide basic
continuity procedures, it fails to provide a procedure for a wire with
a diode installed.
The FAA disagrees with the commenter's request. Based on the report
from EASA, the State of Design Authority for these airplane models, the
FAA has determined that the procedures described in Step 3.C.(g) of
Airbus Service Bulletin A350-25-P152 do include a continuity test that
considers an installed diode. Operators may, however, request
alternative methods of compliance to replace Step 3.C.(g) specified in
Airbus Service Bulletin A350-25-P152 by using the procedures described
in paragraph (i)(1) of this AD and demonstrating how this alternative
addresses the unsafe condition. The FAA has not changed this AD
regarding this issue.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0070 describes procedures for modifying a certain ELT
by installing a diode between the ELT and the terminal block. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 7 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425.............................. $400 $825 $5,775
----------------------------------------------------------------------------------------------------------------
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in 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
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2020-18-03 Airbus SAS: Amendment 39-21224; Docket No. FAA-2020-0338;
Product Identifier 2020-NM-047-AD.
(a) Effective Date
This AD is effective October 8, 2020.
[[Page 54893]]
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2020-0070, dated March 24,
2020 (``EASA AD 2020-0070'').
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.
(e) Reason
This AD was prompted by the results of laboratory tests on non-
rechargeable lithium batteries installed in certain emergency
locator transmitters (ELTs), which highlighted a lack of protection
against current injections of 28 volts direct current (DC) or 115
volts alternating current (AC) that could lead to thermal runaway
and a battery fire. The FAA is issuing this AD to address local
fires in non-rechargeable lithium batteries installed in ELTs, which
could result in damage to the airplane and injury to occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2020-0070.
(h) Exceptions to EASA AD 2020-0070
(1) Where EASA AD 2020-0070 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0070 does not apply
to this AD.
(3) Where the service information specified in EASA AD 2020-0070
specifies to use tape having part number ASNA51072503, this AD
requires using any brightly colored 1-inch tape that meets the
criteria specified in the ASNA5107 standard.
(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 2020-0070 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(j) Related Information
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 (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 2020-0070,
dated March 24, 2020.
(ii) [Reserved]
(3) For information about EASA AD 2020-0070, 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.
(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-2020-0.
(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 August 19, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-19402 Filed 9-2-20; 8:45 am]
BILLING CODE 4910-13-P