Airworthiness Directives; Airbus SAS Airplanes

Published date01 May 2020
Citation85 FR 25345
Record Number2020-09140
SectionProposed rules
CourtFederal Aviation Administration
Federal Register, Volume 85 Issue 85 (Friday, May 1, 2020)
[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
                [Proposed Rules]
                [Pages 25345-25348]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-09140]
                [[Page 25345]]
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                DEPARTMENT OF TRANSPORTATION
                Federal Aviation Administration
                14 CFR Part 39
                [Docket No. FAA-2020-0343; Product Identifier 2019-NM-206-AD]
                RIN 2120-AA64
                Airworthiness Directives; Airbus SAS Airplanes
                AGENCY: Federal Aviation Administration (FAA), DOT.
                ACTION: Notice of proposed rulemaking (NPRM).
                -----------------------------------------------------------------------
                SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
                2018-17-05, which applies to all Airbus SAS Model A350-941 and -1041
                airplanes. AD 2018-17-05 requires a check of the insulation resistance
                of the direct drive solenoid valve (DDSOV) of each affected electro-
                hydrostatic actuator (EHA) and applicable corrective actions. Since the
                FAA issued AD 2018-17-05, it has been determined that certain EHA part
                numbers can be modified and re-identified as specified in European
                Union Aviation Safety Agency (EASA) AD 2019-0301, dated December 12,
                2019, which would inadvertently remove certain part numbers from the
                applicability in other EHA-related ADs. This proposed AD would require
                a check of the insulation resistance of the DDSOV of each affected EHA
                and applicable corrective actions, and modifying or replacing certain
                EHAs, as specified in two EASA ADs, 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 June 15,
                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: U.S. Department of Transportation, Docket
                Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
                Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
                Monday through Friday, except Federal holidays.
                 For the material identified in this proposed AD that will be
                incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer
                3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email
                [email protected]; internet www.easa.europa.eu. You may find this IBR
                material on the EASA website at https://ad.easa.europa.eu. You may view
                this IBR material at the FAA, Airworthiness Products Section,
                Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
                information on the availability of this material at the FAA, call 206-
                231-3195. It is also available in the AD docket on the internet at
                https://www.regulations.gov by searching for and locating Docket No.
                FAA-2020-0343.
                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-
                0343; 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 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 protected].
                SUPPLEMENTARY INFORMATION:
                Comments Invited
                 The FAA invites 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-2020-0343;
                Product Identifier 2019-NM-206-AD'' at the beginning of your comments.
                The FAA specifically invites comments on the overall regulatory,
                economic, environmental, and energy aspects of this NPRM. The FAA will
                consider all comments received by the closing date and may amend this
                NPRM based on those comments.
                 The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
                The FAA will also post a report summarizing each substantive verbal
                contact we receive about this NPRM.
                Discussion
                 The FAA issued AD 2018-17-05, Amendment 39-19359 (83 FR 40438,
                August 15, 2018) (``AD 2018-17-05''), which applied to all Airbus SAS
                Model A350-941 and -1041 airplanes. AD 2018-17-05 requires a check of
                the insulation resistance of the DDSOV of each affected EHA and
                applicable corrective actions. The FAA issued AD 2018-17-05 to address
                degraded insulation resistance in the DDSOV, due to incorrect sealing
                application, which could lead to the DDSOV being unable to command or
                maintain the EHA in active mode, possibly resulting in reduced control
                of the airplane.
                Actions Since AD 2018-17-05 Was Issued
                 Since AD 2018-17-05 was issued, it has been determined that certain
                EHA part numbers can be modified and re-identified as described in EASA
                AD 2019-0301, dated December 12, 2019 (``EASA 2019-0301''), which would
                inadvertently remove certain part numbers from the applicability in
                other EHA-related ADs. Therefore, EASA issued AD 2020-0027R1, dated
                February 21, 2020 (``EASA AD 2020-0027R1''), to revise the definition
                of an affected EHA.
                 The EASA, which is the Technical Agent for the Member States of the
                European Union, has issued EASA AD 2019-0301 and EASA AD 2020-0027R1
                (these ADs are 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. EASA
                AD 2020-0027R1 supersedes EASA AD 2018-0141, dated July 3, 2018 (which
                corresponds to FAA AD 2018-17-05).
                 In addition to the determination that certain EHA part numbers
                might have been inadvertently removed from the actions required by AD
                2018-17-05, this proposed AD was prompted by reports of EHA units that
                were returned to the manufacturer with degraded insulation resistance
                in the DDSOV; investigation results revealed that moisture ingress, due
                to incorrect sealing application, had caused this degradation. This AD
                was also prompted by a report of a technical issue detected on EHAs
                installed on inboard ailerons and elevators, causing potential
                erroneous monitoring of those actuators. The FAA is proposing this AD
                to address degraded insulation resistance, which could lead to the
                DDSOV being unable to command or maintain the EHA in active mode, and
                possibly result in reduced control of the
                [[Page 25346]]
                airplane. The FAA is also proposing this AD to address the possibility
                of an in-flight loss of inboard aileron or elevator control, which, due
                to the resulting drag, would lead to increased fuel consumption, and
                when combined with one engine inoperative, could result in reduced
                control of the airplane. See the MCAI for additional background
                information.
                Related IBR Material Under 1 CFR Part 51
                 EASA AD 2019-0301 describes, among other actions, procedures for
                modifying or replacing affected EHAs. In addition, EASA AD 2020-0027R1
                describes procedures for a check of the insulation resistance of the
                DDSOV of each affected EHA (installed on inboard ailerons, elevators,
                and rudder) and applicable corrective actions (replacing or
                reidentifying the affected EHA). 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 a 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 agency
                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 AD Requirements
                 This proposed AD would require accomplishing certain actions
                specified in EASA AD 2019-0301 and the actions specified in EASA AD
                2020-0027R1, described previously, as incorporated by reference, except
                for any differences identified as exceptions in the regulatory text of
                this AD and except as discussed under ``Differences Between this
                Proposed AD and the MCAI.''
                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 2019-0301
                and EASA AD 2020-0027R1 will be incorporated by reference in the FAA
                final rule. This proposed AD would, therefore, require compliance with
                EASA AD 2019-0301 and EASA AD 2020-0027R1 in their 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 2019-0301 and
                EASA AD 2020-0027R1 that is required for compliance with EASA AD 2019-
                0301 and EASA AD 2020-0027R1 will be available on the internet at
                https://www.regulations.gov by searching for and locating Docket No.
                FAA-2020-0343 after the FAA final rule is published.
                Differences Between This Proposed AD and the MCAI
                 EASA AD 2019-0301 requires the accomplishment of paragraphs (1)
                through (6). However, this AD only requires the accomplishment of
                paragraphs (5) and (6) of EASA AD 2019-0301. Paragraphs (1) through (4)
                of EASA AD 2019-0301 are addressed in FAA AD 2019-16-08, Amendment 39-
                19711 (84 FR 51957, October 1, 2019), which requires revising the
                airplane flight manual (AFM) to provide the flightcrew with updated
                procedures related to inboard aileron fault operations, and also
                requires modification of the electronic centralized aircraft monitoring
                (ECAM) procedures by installing an Airbus temporary quick change (ATQC)
                and activating an ECAM temporary change.
                Clarification of a Definition in EASA AD 2020-0027R1
                 For EASA AD 2020-0027R1, all serial numbers listed in the
                ``applicable SB'' are included in the definition of ``affected EHA''
                regardless of the associated part numbers that are also listed in the
                ``applicable SB.''
                Costs of Compliance
                 The FAA estimates that this proposed AD affects 13 airplanes of
                U.S. registry. The FAA estimates the following costs to comply with
                this proposed AD:
                 Estimated Costs for Required Actions *
                ----------------------------------------------------------------------------------------------------------------
                 Cost on U.S.
                 Action Labor cost Parts cost Cost per product operators
                ----------------------------------------------------------------------------------------------------------------
                New proposed actions............. Up to 28 work-hours ** $0 Up to $2,380....... Up to $30,940.
                 x $85 per hour =
                 $2,380.
                ----------------------------------------------------------------------------------------------------------------
                * Table does not include estimated costs for reporting.
                ** The FAA has received no definitive date on the parts cost for the modification or replacement specified in
                 this proposed AD.
                 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.
                 The FAA estimates the following costs to do any necessary on-
                condition actions that would be required based on the results of any
                required actions. The FAA has no way of determining the number of
                aircraft that might need these on-condition actions:
                 Estimated Costs of On-Condition Actions
                ------------------------------------------------------------------------
                 Labor cost Parts cost Cost per product
                ------------------------------------------------------------------------
                Up to 28 work-hours x $85 per Up to $518,314.... Up to $520,694.
                 hour = $2,380.
                ------------------------------------------------------------------------
                [[Page 25347]]
                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 removing Airworthiness Directive (AD)
                2018-17-05, Amendment 39-19359 (83 FR 40438, August 15, 2018), and
                adding the following new AD:
                Airbus SAS: Docket No. FAA-2020-0343; Product Identifier 2019-NM-
                206-AD.
                (a) Comments Due Date
                 We must receive comments by June 15, 2020.
                (b) Affected ADs
                 This AD replaces AD 2018-17-05, Amendment 39-19359 (83 FR 40438,
                August 15, 2018) (``AD 2018-17-05'').
                (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 electro-hydrostatic actuator
                (EHA) units that were returned to the manufacturer with degraded
                insulation resistance in the direct drive solenoid valve (DDSOV);
                investigation results revealed that moisture ingress, due to
                incorrect sealing application, had caused this degradation. This AD
                was also prompted by a report of a technical issue detected on EHAs
                installed on inboard ailerons and elevators, causing potential
                erroneous monitoring of those actuators. The FAA is issuing this AD
                to address degraded insulation resistance, which could lead to the
                DDSOV being unable to command or maintain the EHA in active mode,
                and possibly result in reduced control of the airplane. The FAA is
                also issuing this AD to address the possibility of an in-flight loss
                of inboard aileron or elevator control, which, due to the resulting
                drag, would lead to increased fuel consumption, and when combined
                with one engine inoperative, could result in reduced control 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, European Union Aviation Safety Agency (EASA) AD
                2020-0027R1, dated February 21, 2020 (``EASA AD 2020-0027R1'') and
                EASA AD 2019-0301, dated December 12, 2019 (``EASA AD 2019-0301'').
                (h) Exceptions and Clarifications to EASA AD 2019-0301 and EASA AD
                2020-0027R1
                 (1) Where EASA AD 2019-0301 and EASA AD 2020-0027R1 refer to
                their effective date, this AD requires using the effective date of
                this AD.
                 (2) The ``Remarks'' section of EASA AD 2019-0301 and EASA AD
                2020-0027R1 do not apply to this AD.
                 (3) Where EASA AD 2019-0301 requires the accomplishment of
                paragraphs (1) through (6), this AD only requires the accomplishment
                of paragraphs (5) and (6).
                 (4) Paragraph (6) of EASA AD 2020-0027R1 specifies to report
                insulation check results (e.g., results of the detailed inspection
                of the insulation resistance) to Airbus within a certain compliance
                time. For this AD, report inspection results at the applicable time
                specified in paragraph (h)(4)(i) or (ii) of this AD.
                 (i) If the insulation check was done on or after the effective
                date of this AD: Submit the report within 30 days after the
                insulation check.
                 (ii) If the insulation check was done before the effective date
                of this AD: Submit the report within 30 days after the effective
                date of this AD.
                 (5) EASA AD 2020-0027R1 includes a definition for ``affected
                EHA'' that specifies ``as listed by serial number in the applicable
                SB.'' All serial numbers listed in the ``applicable SB'' are
                included in the definition of ``affected EHA'' regardless of the
                associated part numbers that are also listed in the ``applicable
                SB.''
                 (6) For any service information referenced in EASA AD EASA AD
                2019-0301 that specifies to return parts to the manufacturer, that
                action is not required by 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 International Section, send it to the attention of
                the person
                [[Page 25348]]
                identified in paragraph (j)(2) of this AD. Information may be
                emailed to: [email protected].
                 (i) 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.
                 (ii) AMOCs approved previously for AD 2018-17-05, Amendment 39-
                19359 (83 FR 40438, August 15, 2018), are approved as AMOCs for the
                corresponding provisions of EASA AD 2020-0027 R1 that are required
                by paragraph (g) of this AD.
                 (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 2020-0027R1 and paragraphs (5) and (6) of EASA
                AD 2019-0301 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; the nature and extent of confidentiality to be
                provided, if any. 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 2020-0027R1 and EASA AD 2019-
                0301, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
                Germany; telephone +49 221 89990 6017; email [email protected];
                internet www.easa.europa.eu. You may find this EASA AD on the EASA
                website at https://ad.easa.europa.eu. You may view this material at
                the FAA, Airworthiness Products Section, Operational Safety Branch,
                2200 South 216th St., Des Moines, WA. For information on the
                availability of this material at the FAA, call 206-231-3195. This
                material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
                2020-0343.
                 (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 protected].
                 Issued on April 23, 2020.
                Lance T. Gant,
                Director, Compliance & Airworthiness Division, Aircraft Certification
                Service.
                [FR Doc. 2020-09140 Filed 4-30-20; 8:45 am]
                 BILLING CODE 4910-13-P
                

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