Airworthiness Directives; Airbus SAS Airplanes, 59460-59463 [2020-20676]
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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Proposed Rules
TIS or until all 48 elevator torque tube attach
fasteners are replaced, whichever occurs first.
(iii) For airplanes that have accumulated
4,000 or more hours TIS as of the effective
date of this AD, complete a one-time visual
inspection within 200 hours TIS after the
effective date of the AD. No repetitive
inspections are required after completion of
the one-time visual inspection.
(2) If there are any loose, fretting, or
incorrectly installed fasteners, remove the
elevator and replace all 48 elevator torque
tube attach fasteners (24 per side, with 12
each on the inboard and outboard elevator
torque tube attach point) before further flight.
Maintain proper alignment by marking each
part prior to removal and by replacing one
fastener at a time. Replacing all 48 fasteners
is terminating action for the repetitive
inspections required by paragraphs (g)(1)(i)
and (ii) of this AD.
(3) If all 48 fasteners were replaced before
the effective date of this AD by following the
instructions in paragraph (g)(2) of this AD,
then the initial and recurring inspections
detailed in paragraph (g)(1) of this AD are not
required provided you report the information
required by paragraph (h) of this AD.
(h) Reporting Requirement
Within 30 days after doing the initial
inspection (regardless if loose, fretting, or
incorrectly installed fasteners were found) or
within 30 days after the effective date of this
AD, whichever occurs later, and then within
30 days after each inspection where loose,
fretting, or incorrectly installed fasteners
were found, report the following information
to the FAA at Wichita-COS@faa.gov:
(1) Name and address of owner.
(2) Date of the inspection.
(3) Name, address, telephone number, and
email address of person submitting the
report.
(4) Airplane serial number, registration
number, and total hours TIS on the airplane
at the time of the inspection.
(5) If an earlier inspection identified loose,
fretting, or incorrectly installed fasteners,
identify the hours TIS on the airplane and
which fasteners were replaced, if known, or
if all fasteners were replaced.
(6) If loose, fretting, or incorrectly installed
fasteners were found, detailed information
including a sketch or picture showing the
location of the loose, fretting, or incorrectly
installed fasteners and identification of any
installed supplemental type certificates
(STCs), alterations, repairs, or field approvals
affecting the area of concern.
(i) Paperwork Reduction Act Burden
Statement
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a currently valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
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instructions, searching existing data sources,
gathering and maintaining the data needed,
completing and reviewing the collection of
information. All responses to this collection
of information are mandatory. Send
comments regarding this burden estimate or
any other aspect of this collection of
information, including suggestions for
reducing this burden to: Information
Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Wichita 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 the Related
Information section 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.
Notice of proposed rulemaking
(NPRM).
ACTION:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Airbus SAS Model A350–941
and –1041 airplanes. This proposed AD
was prompted by reports of migration of
the bushings of the horizontal tail plane
(HTP) lateral load fittings (LLFs) on the
left- and right-hand sides during flight
test. This proposed AD would require
repetitive inspections for migration of
the bushings of the HTP LLFs on the
left- and right-hand sides, and
terminating repair or modification of
any affected bushing, as specified in a
European Union Aviation Safety Agency
(EASA), 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 November 6,
2020.
SUMMARY:
[Docket No. FAA–2020–0846; Project
Identifier MCAI–2020–00806–T]
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For the material 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–
0846.
RIN 2120–AA64
Examining the AD Docket
(k) Related Information
(1) For more information about this AD,
contact Bobbie Kroetch, Aerospace Engineer,
Wichita ACO Branch, FAA, 1801 Airport Rd,
Wichita, KS 67209; phone: 316–946–4155;
fax: 316–946–4107; email: bobbie.kroetch@
faa.gov or Wichita-COS@faa.gov.
(2) For service information identified in
this AD, contact Textron Aviation Inc., One
Cessna Boulevard, Wichita, KS 67215,
telephone: 316–517–5800, email:
teamturbopropsupport@txtav.com, internet:
https://support.cessna.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 September 15, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–20681 Filed 9–21–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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ADDRESSES:
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0846; or in person at Docket Operations
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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Proposed Rules
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 participate in
this rulemaking by submitting written
comments, data, or views 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.
FAA–2020–0846; Project Identifier
MCAI–2020–00806–T 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
received, 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
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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
2020–0139R1, dated July 3, 2020
(‘‘EASA AD 2020–0139R1’’) (also
referred to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A350–941
and –1041 airplanes.
This proposed AD was prompted by
reports of migration of the bushings of
the HTP LLFs on the left- and righthand sides during flight test. The FAA
is proposing this AD to address
combined corrosion and fatigue damage
of the primary structure, possibly
resulting in failure of an HTP LLF and
damage to adjacent structure, which
could result in reduced controllability
of the airplane. See the MCAI for
additional background information.
Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0139R1 describes
procedures for repetitive detailed
inspections for migration of the
bushings of the HTP LLF on the leftand right-hand sides; and repair or
modification of any affected bushing,
which eliminates the need for the
repetitive inspections. 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
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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 2020–0139R1 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
2020–0139R1 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2020–
0139R1 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
2020–0139R1 that is required for
compliance with EASA AD 2020–
0139R1 will be available on the internet
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0846 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:
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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Proposed Rules
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Cost per
product
Parts cost
10 work-hours × $85 per hour = $850 .........................
The FAA estimates that it would take
about 1 work-hour per product to
comply with the proposed reporting
$0
$850
Cost on U.S. operators
$11,050 per inspection cycle.
requirement in this proposed AD. The
average labor rate is $85 per hour. Based
on these figures, the FAA estimates the
cost of reporting the inspection results
on U.S. operators to be $1,105, or $85
per product.
ESTIMATED COSTS FOR OPTIONAL ACTIONS
Labor cost
Parts cost
Up to 38 work-hours × $85 per hour = Up to $3,230 ................
Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a current valid
OMB control number. The control
number for the collection of information
required by this proposed AD is 2120–
0056. The paperwork cost associated
with this proposed AD has been
detailed in the Costs of Compliance
section of this document and includes
time for reviewing instructions, as well
as completing and reviewing the
collection of information. Therefore, all
reporting associated with this proposed
AD is mandatory. Comments concerning
the accuracy of this burden and
suggestions for reducing the burden
should be directed to Information
Collection Clearance Officer, Federal
Aviation Administration, 10101
Hillwood Parkway, Fort Worth, TX
76177–1524.
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
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Cost per product
$0
Up to $3,230.
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
(a) Comments Due Date
The FAA must receive comments by
November 6, 2020.
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.
(b) Affected ADs
None.
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
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–2020–0846;
Project Identifier MCAI–2020–00806–T.
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(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
2020–0139R1, dated July 3, 2020 (‘‘EASA AD
2020–0139R1’’).
(d) Subject
Air Transport Association (ATA) of
America Code 55, Stabilizers.
(e) Reason
This AD was prompted by reports of
migration of the bushings of the horizontal
tail plane (HTP) lateral load fittings (LLFs) on
the left- and right-hand sides during flight
test. The FAA is issuing this AD to address
combined corrosion and fatigue damage of
the primary structure, possibly resulting in
failure of an HTP LLF and damage to
adjacent structure, which could result in
reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2020–0139R1.
(h) Exceptions to EASA AD 2020–0139R1
(1) The ‘‘Remarks’’ section of EASA AD
2020–0139R1 does not apply to this AD.
(2) Paragraph (6) of EASA AD 2020–
0139R1 specifies to report inspection results
to Airbus within a certain compliance time.
For this AD, report inspection results at the
applicable time specified in paragraph
(h)(2)(i) or (ii) of this AD.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 30 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Proposed Rules
within 30 days after the effective date of this
AD.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (j)(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
2020–0139R1 that contains RC procedures
and tests: Except as required by paragraph
(i)(2) of this AD, RC procedures and tests
must be done to comply with this AD; any
procedures or tests that are not identified as
RC are recommended. Those procedures and
tests that are not identified as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(4) Paperwork Reduction Act Burden
Statement: A federal agency may not conduct
or sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, searching existing data sources,
gathering and maintaining the data needed,
and completing and reviewing the collection
of information. All responses to this
collection of information are mandatory as
required by this AD. Send comments
regarding this burden estimate or any other
aspect of this collection of information,
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including suggestions for reducing this
burden to Information Collection Clearance
Officer, Federal Aviation Administration,
10101 Hillwood Parkway, Fort Worth, TX
76177–1524.
59463
DEPARTMENT OF TRANSPORTATION
Transportation, Docket Operations, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001;
Telephone: (800) 647–5527, or (202)
366–9826. You must identify the Docket
No. FAA–2020–0822; Airspace Docket
No. 20–ASO–23, at the beginning of
your comments. You may also submit
comments through the internet at
https://www.regulations.gov.
FAA Order 7400.11E, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
on-line at https://www.faa.gov/air_
traffic/publications/. For further
information, you can contact the
Airspace Policy 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 7400.11E at NARA, email
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT: John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, 1701 Columbia Avenue,
College Park, GA 30337; Telephone
(404) 305–6364.
SUPPLEMENTARY INFORMATION:
Federal Aviation Administration
Authority for This Rulemaking
(j) Related Information
(1) For information about EASA AD 2020–
0139R1, contact the EASA, KonradAdenauer-Ufer 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. 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–2020–0846.
(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 September 14, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–20676 Filed 9–21–20; 8:45 am]
BILLING CODE 4910–13–P
14 CFR Part 71
[Docket No. FAA–2020–0822; Airspace
Docket No. 20–ASO–23]
RIN 2120–AA66
Proposed Amendment of Class D
Airspace, and Proposed Removal of
Class E Airspace; Homestead, FL
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
amend Class D airspace, and remove
Class E airspace designated as an
extension to a Class D surface area for
Homestead Air Reserve Base (ARB),
Homestead, FL. This action would also
update the geographic coordinates of the
airport. Controlled airspace is necessary
for the safety and management of
instrument flight rules (IFR) operations
in the area.
DATES: Comments must be received on
or before November 6, 2020.
ADDRESSES: Send comments on this
proposal to: the U.S. Department of
SUMMARY:
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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 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
amend Class D airspace and remove
Class E airspace designated as an
extension to a Class D surface area for
Homestead ARB, Homestead, FL, to
support IFR operations in the area.
Comments Invited
Interested persons are invited to
comment on this proposed rulemaking
by submitting such written data, views,
or arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
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]]>Agencies
[Federal Register Volume 85, Number 184 (Tuesday, September 22, 2020)]
[Proposed Rules]
[Pages 59460-59463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20676]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0846; Project Identifier MCAI-2020-00806-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 and -1041 airplanes. This
proposed AD was prompted by reports of migration of the bushings of the
horizontal tail plane (HTP) lateral load fittings (LLFs) on the left-
and right-hand sides during flight test. This proposed AD would require
repetitive inspections for migration of the bushings of the HTP LLFs on
the left- and right-hand sides, and terminating repair or modification
of any affected bushing, as specified in a European Union Aviation
Safety Agency (EASA), 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 November 6,
2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For the material 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-2020-0846.
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-
0846; or in person at Docket Operations
[[Page 59461]]
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 participate in this rulemaking by submitting
written comments, data, or views 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. FAA-2020-0846; Project Identifier MCAI-2020-00806-T 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 received, 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 2020-0139R1, dated July 3, 2020
(``EASA AD 2020-0139R1'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A350-941 and -1041 airplanes.
This proposed AD was prompted by reports of migration of the
bushings of the HTP LLFs on the left- and right-hand sides during
flight test. The FAA is proposing this AD to address combined corrosion
and fatigue damage of the primary structure, possibly resulting in
failure of an HTP LLF and damage to adjacent structure, which could
result in reduced controllability of the airplane. See the MCAI for
additional background information.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0139R1 describes procedures for repetitive detailed
inspections for migration of the bushings of the HTP LLF on the left-
and right-hand sides; and repair or modification of any affected
bushing, which eliminates the need for the repetitive inspections. 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 2020-0139R1 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-
0139R1 will be incorporated by reference in the FAA final rule. This
proposed AD would, therefore, require compliance with EASA AD 2020-
0139R1 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 2020-0139R1 that is required for
compliance with EASA AD 2020-0139R1 will be available on the internet
at https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0846 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:
[[Page 59462]]
Estimated Costs for Required Actions
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Cost per
Labor cost Parts cost product Cost on U.S. operators
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10 work-hours x $85 per hour = $850........... $0 $850 $11,050 per inspection cycle.
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The FAA estimates that it would take about 1 work-hour per product
to comply with the proposed reporting requirement in this proposed AD.
The average labor rate is $85 per hour. Based on these figures, the FAA
estimates the cost of reporting the inspection results on U.S.
operators to be $1,105, or $85 per product.
Estimated Costs for Optional Actions
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Labor cost Parts cost Cost per product
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Up to 38 work-hours x $85 per hour $0 Up to $3,230.
= Up to $3,230.
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Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this proposed AD
is 2120-0056. The paperwork cost associated with this proposed AD has
been detailed in the Costs of Compliance section of this document and
includes time for reviewing instructions, as well as completing and
reviewing the collection of information. Therefore, all reporting
associated with this proposed AD is mandatory. Comments concerning the
accuracy of this burden and suggestions for reducing the burden should
be directed to Information Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-
1524.
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-2020-0846; Project Identifier MCAI-2020-
00806-T.
(a) Comments Due Date
The FAA must receive comments by November 6, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2020-0139R1, dated July 3,
2020 (``EASA AD 2020-0139R1'').
(d) Subject
Air Transport Association (ATA) of America Code 55, Stabilizers.
(e) Reason
This AD was prompted by reports of migration of the bushings of
the horizontal tail plane (HTP) lateral load fittings (LLFs) on the
left- and right-hand sides during flight test. The FAA is issuing
this AD to address combined corrosion and fatigue damage of the
primary structure, possibly resulting in failure of an HTP LLF and
damage to adjacent structure, which could result in reduced
controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2020-0139R1.
(h) Exceptions to EASA AD 2020-0139R1
(1) The ``Remarks'' section of EASA AD 2020-0139R1 does not
apply to this AD.
(2) Paragraph (6) of EASA AD 2020-0139R1 specifies to report
inspection results to Airbus within a certain compliance time. For
this AD, report inspection results at the applicable time specified
in paragraph (h)(2)(i) or (ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report
[[Page 59463]]
within 30 days after the effective date of this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (j)(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 2020-0139R1 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(4) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
All responses to this collection of information are mandatory as
required by this AD. Send comments regarding this burden estimate or
any other aspect of this collection of information, including
suggestions for reducing this burden to Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
(j) Related Information
(1) For information about EASA AD 2020-0139R1, 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. 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-
2020-0846.
(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 September 14, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-20676 Filed 9-21-20; 8:45 am]
BILLING CODE 4910-13-P
