Airworthiness Directives; Airbus SAS Airplanes
| Published date | 09 April 2019 |
| Citation | 84 FR 14038 |
| Record Number | 2019-06794 |
| Section | Proposed rules |
| Court | Federal Aviation Administration |
14038
Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Proposed Rules
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Signed in Washington, DC, on March 26,
2019.
Valri Lightner,
Acting Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2019–06869 Filed 4–8–19; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0194; Product
Identifier 2019–NM–009–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
AGENCY
: Federal Aviation
Administration (FAA), DOT.
ACTION
: Notice of proposed rulemaking
(NPRM).
SUMMARY
: We propose to adopt a new
airworthiness directive (AD) for all
Airbus SAS Model A350–941 and –1041
airplanes. This proposed AD was
prompted by reports of cracks within
the ring gears of a slat geared rotary
actuator (SGRA) resulting from a change
in the raw material manufacturing
process. This proposed AD would
require replacement of affected parts
with serviceable parts, as specified in an
European Aviation Safety Agency
(EASA) AD, which will be incorporated
by reference. We are proposing this AD
to address the unsafe condition on these
products.
DATES
: We must receive comments on
this proposed AD by May 24, 2019.
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
http://www.regulations.gov. Follow the
instructions for submitting comments.
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•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 incorporation by reference
(IBR) material described in the ‘‘Related
IBR material under 1 CFR part 51’’
section in
SUPPLEMENTARY INFORMATION
,
contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49
221 89990 1000; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find this
IBR material on the EASA website at
https://ad.easa.europa.eu. You may
view this IBR material at the FAA,
Transport Standards 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 http://www.regulations
.gov.
Examining the AD Docket
You may examine the AD docket on
the internet at http://www.regulations
.gov by searching for and locating
Docket No. FAA–2019–0194; or in
person at Docket Operations between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations
(telephone 800–647–5527) is in the
ADDRESSES
section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT
:
Kathleen Arrigotti, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3218.
SUPPLEMENTARY INFORMATION
:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the
ADDRESSES
section. Include ‘‘Docket No. FAA–
2019–0194; Product Identifier 2019–
NM–009–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this NPRM. We will consider
all comments received by the closing
date and may amend this NPRM based
on those comments.
We will post all comments we
receive, without change, to http://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this NPRM.
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0020, dated January 31, 2019
(‘‘EASA AD 2019–0020’’) (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 MCAI states:
Cracks have been found within the ring
gears of an SGRA. Investigation identified
that this is due to a change in the
manufacturing process of the 300M steel raw
material, that did not have adequate post-
production non destructive testing for
potential cracks. A batch of SGRA has been
identified as having been subject to this
manufacturing process.
This condition, if not detected and
corrected, could, in combination with an
independent failure on the second SGRA of
the same slat surface, lead to detachment of
the slat surface, possibly resulting in reduced
control of the aeroplane and/or injury to
persons on the ground.
To address this potential unsafe condition,
Airbus issued the SB [Service Bulletin A350–
27–P026] to provide instructions to replace
the affected parts, referencing the applicable
Liebherr SB for in-shop correction.
For the reason described above, this
[EASA] AD requires replacement of each
affected part with a serviceable part.
Related IBR Material Under 1 CFR
Part 51
EASA AD 2019–0020 describes
procedures for replacing the affected
SGRAs. 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, and
it is publicly available through the
EASA website.
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 our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI referenced above. We are
proposing this AD because we evaluated
all pertinent information and
determined an unsafe condition exists
and is likely to exist or develop on other
products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2019–0020 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 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. As a result, EASA AD 2019–0020
will be incorporated by reference in the
FAA final rule. This proposed AD
would, therefore, require compliance
with the provisions specified in EASA
AD 2019–0020, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Service information specified in EASA
AD 2019–0020 that is required for
compliance with EASA AD 2019–0020
will be available on the internet at
http://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0194 after the FAA final rule is
published.
Costs of Compliance
We estimate that this proposed AD
affects 12 airplanes of U.S. registry. We
estimate the following costs to comply
with this proposed AD:
E
STIMATED
C
OSTS FOR
R
EQUIRED
A
CTIONS
*
Labor cost Parts cost Cost per
product Cost on U.S.
operators
25 work-hours × $85 per hour = $2,125 ..................................................................................... $0 $2,125 $25,500
* We have received no definitive data that would enable us to provide cost estimates for the parts specified in this proposed AD.
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According to the manufacturer, some
or all of the costs of this proposed AD
may be covered under warranty, thereby
reducing the cost impact on affected
individuals. We do not control warranty
coverage for affected individuals. As a
result, we have included all known
costs in our 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.
We are 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.
This proposed AD is issued in
accordance with authority delegated by
the Executive Director, Aircraft
Certification Service, as authorized by
FAA Order 8000.51C. In accordance
with that order, issuance of ADs is
normally a function of the Compliance
and Airworthiness Division, but during
this transition period, the Executive
Director has delegated the authority to
issue ADs applicable to transport
category airplanes and associated
appliances to the Director of the System
Oversight Division.
Regulatory Findings
We 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. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. 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
■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–2019–0194;
Product Identifier 2019–NM–009–AD.
(a) Comments Due Date
We must receive comments by May 24,
2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model
A350–941 and –1041 airplanes, certificated
in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 27, Flight controls.
(e) Reason
This AD was prompted by reports of cracks
within the ring gears of a slat geared rotary
actuator (SGRA), resulting from a change in
the raw material manufacturing process. We
are issuing this AD to address cracking of
SGRA ring gears. This condition, if not
detected and corrected, could, in
combination with an independent failure on
the second SGRA of the same slat surface,
lead to detachment of the slat surface,
possibly resulting in reduced control of the
airplane and injury to persons on the ground.
(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, European Aviation Safety
Agency (EASA) AD 2019–0020, dated
January 31, 2019 (‘‘EASA AD 2019–0020’’).
(h) Exceptions to EASA AD 2019–0020
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2019–0020 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0020 does not apply to this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards 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 International Section, send it
to the attention of the person identified in
paragraph (j)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOC-
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, International Section,
Transport Standards 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
2019–0020 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(j) Related Information
(1) For information about EASA AD 2019–
0020, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49
221 89990 6017; email ADs@easa.europa.eu;
Internet www.easa.europa.eu. You may find
this EASA AD on the EASA website at
https://ad.easa.europa.eu. You may view this
EASA AD at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of
this material at the FAA, call 206–231–3195.
EASA AD 2019–0020 may be found in the
AD docket on the internet at http://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0194.
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(2) For more information about this AD,
contact Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3218.
Issued in Des Moines, Washington, on
April 1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–06794 Filed 4–8–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0129; Product
Identifier 2019–NE–01–AD]
RIN 2120–AA64
Airworthiness Directives; B/E
Aerospace Fischer GmbH Common
Seats
AGENCY
: Federal Aviation
Administration (FAA), DOT.
ACTION
: Notice of proposed rulemaking
(NPRM).
SUMMARY
: We propose to adopt a new
airworthiness directive (AD) for certain
B/E Aerospace Fischer GmbH Common
Seats 170/260 H160. This proposed AD
was prompted by the discovery during
testing that the energy absorber (EA)
may not function as intended during
emergency landing. This proposed AD
would require removing and replacing
the EA assemblies on the affected seats.
We are proposing this AD to address the
unsafe condition on these products.
DATES
: We must receive comments on
this proposed AD by May 24, 2019.
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
http://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 service information identified in
this NPRM, contact B/E Aerospace
Fischer GmbH, Mu
¨ller-Armack-Str. 4,
D–84034 Landshut, Germany; phone:
+49 (0) 871 93248–0; fax:+49 (0) 871
93248–22; email: spares@fischer-
seats.de. You may view this service
information at the FAA, Engine and
Propeller Standards Branch, 1200
District Avenue, Burlington, MA 01803.
For information on the availability of
this material at the FAA, call 781–238–
7759.
Examining the AD Docket
You may examine the AD docket on
the internet at http://www.regulations
.gov by searching for and locating
Docket No. FAA–2019–0129; or in
person at Docket Operations between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this NPRM, the
mandatory continuing airworthiness
information (MCAI), the regulatory
evaluation, any comments received, and
other information. The street address for
Docket Operations (phone: 800–647–
5527) is listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT
:
Dorie Resnik, Aerospace Engineer,
Boston ACO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone:
781–238–7693; fax: 781- 238–7199;
email: dorie.resnik@faa.gov.
SUPPLEMENTARY INFORMATION
:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the
ADDRESSES
section. Include ‘‘Docket No. FAA–
2019–0129; Product Identifier 2019–
NE–01–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this NPRM. We will consider
all comments received by the closing
date and may amend this NPRM
because of those comments.
We will post all comments we
receive, without change, to http://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this NPRM.
Discussion
The European Union Aviation Safety
Agency (EASA), which is the Technical
Agent for the Member States of the
European Community, has issued EASA
AD 2018–0223, dated October 17, 2018
(referred to after this as ‘‘the MCAI’’), to
address the unsafe condition on these
products. The MCAI states:
During dynamic tests of the seat energy
absorber, a too long stroke was identified.
Analysis indicated that, when the seat is
used in low height adjustment during an
emergency landing, the energy absorber may
not function as intended.
This condition, if not corrected, could lead
to impact on lower stop of the energy
absorber stroke, possible resulting in injury
to the seat occupant.
To address this unsafe condition, B/E
Aerospace Fischer issued the SB, providing
instructions to replace the seat energy
absorber assembly and to re-identify the seat.
For the reason described above, this
[EASA] AD requires modification of the
affected seats and reidentification.
You may obtain further information
by examining the MCAI in the AD
docket on the internet at http://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0129.
Related Service Information Under 1
CFR Part 51
We reviewed B/E Aerospace Fischer
Alert Service Bulletin (ASB) No.
SB0718–004, Issue A, dated June 26,
2018. The ASB describes procedures for
removing and replacing the EA
assemblies on Common Seats 170/260
H160. This service information is
reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES
section.
FAA’s Determination
This product has been approved by
EASA and is approved for operation in
the United States. Pursuant to our
bilateral agreement with the European
Community, EASA has notified us of
the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all the
relevant information provided by EASA
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
removing and replacing the EA
assemblies on the affected common
seats.
Costs of Compliance
We estimate that this proposed AD
affects 341 common seats installed on
aircraft of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
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