Airworthiness Directives; Airbus SAS Airplanes

Published date01 July 2020
Citation85 FR 39503
Record Number2020-14075
SectionProposed rules
CourtFederal Aviation Administration
Federal Register, Volume 85 Issue 127 (Wednesday, July 1, 2020)
[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
                [Proposed Rules]
                [Pages 39503-39505]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-14075]
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                DEPARTMENT OF TRANSPORTATION
                Federal Aviation Administration
                14 CFR Part 39
                [Docket No. FAA-2020-0576; Product Identifier 2020-NM-068-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 adopt a new airworthiness directive (AD)
                for certain Airbus SAS Model A350-941 and -1041 airplanes. This
                proposed AD was prompted by a determination that new or more
                restrictive airworthiness limitations are necessary. This proposed AD
                would require revising the existing maintenance or inspection program,
                as applicable, to incorporate new or more restrictive airworthiness
                limitations, as specified in a European Union Aviation Safety Agency
                (EASA) AD, which 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 August 17,
                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 material that will be incorporated by reference (IBR) in this
                AD, 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-2020-0576.
                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-
                0576; 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, 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: Vladimir Ulyanov, Aerospace Engineer,
                Large Aircraft Section, International Validation Branch, FAA, 2200
                South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229;
                email [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-2020-0576;
                Product Identifier 2020-NM-068-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 it receives, 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 the FAA receives about this NPRM.
                Discussion
                 The EASA, which is the Technical Agent for the Member States of the
                European Union, has issued EASA AD
                [[Page 39504]]
                2020-0091, dated April 22, 2020 (``EASA AD 2020-0091'') (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. Airplanes with an original airworthiness
                certificate or original export certificate of airworthiness issued
                after June 7, 2019 must comply with the airworthiness limitations
                specified as part of the approved type design and referenced on the
                type certificate data sheet; this AD therefore does not include those
                airplanes in the applicability.
                 This proposed AD was prompted by a determination that new or more
                restrictive airworthiness limitations are necessary. The FAA is
                proposing this AD to address the potential failure of certain life-
                limited parts, which could result in reduced structural integrity of
                the airplane. See the MCAI for additional background information.
                Related IBR Material Under 1 CFR Part 51
                 EASA AD 2020-0091 describes new or more restrictive airworthiness
                limitations for airplane structures and safe life limits. 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 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 has
                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 revising the existing maintenance or
                inspection program, as applicable, to incorporate new or more
                restrictive airworthiness limitations, which are specified in EASA AD
                2020-0091 described previously, as incorporated by reference. Any
                differences with EASA AD 2020-0091 are identified as exceptions in the
                regulatory text of this AD.
                 This proposed AD would require revisions to certain operator
                maintenance documents to include new actions (e.g., inspections).
                Compliance with these actions is required by 14 CFR 91.403(c). For
                airplanes that have been previously modified, altered, or repaired in
                the areas addressed by this proposed AD, the operator may not be able
                to accomplish the actions described in the revisions. In this
                situation, to comply with 14 CFR 91.403(c), the operator must request
                approval for an alternative method of compliance according to paragraph
                (j)(1) of this proposed 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 2020-0091
                will be incorporated by reference in the FAA final rule. This proposed
                AD would, therefore, require compliance with EASA AD 2020-0091 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 2020-0091 that is required
                for compliance with EASA AD 2020-0091 will be available on the internet
                at https://www.regulations.gov by searching for and locating Docket No.
                FAA-2020-0576 after the FAA final rule is published.
                Airworthiness Limitation ADs Using the New Process
                 The FAA's process of incorporating by reference MCAI ADs as the
                primary source of information for compliance with corresponding FAA ADs
                has been limited to certain MCAI ADs (primarily those with service
                bulletins as the primary source of information for accomplishing the
                actions required by the FAA AD). However, the FAA is now expanding the
                process to include MCAI ADs that require a change to airworthiness
                limitation documents, such as airworthiness limitation sections.
                 For these ADs that incorporate by reference an MCAI AD that changes
                airworthiness limitations, the FAA requirements are unchanged.
                Operators must revise the existing maintenance or inspection program,
                as applicable, to incorporate the information specified in the new
                airworthiness limitation document. The airworthiness limitations must
                be followed according to 14 CFR 91.403(c) and 91.409(e).
                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:
                 The FAA has determined that revising the existing maintenance or
                inspection program takes an average of 90 work-hours per operator,
                although the agency recognizes that this number may vary from operator
                to operator. In the past, the agency has estimated that this action
                takes 1 work-hour per airplane. Since operators incorporate maintenance
                or inspection program changes for their affected fleet(s), the FAA has
                determined that a per-operator estimate is more accurate than a per-
                airplane estimate. Therefore, the agency estimates the average total
                cost per operator to be $7,650 (90 work-hours x $85 per work-hour).
                Authority for This Rulemaking
                 Title 49 of the United States Code specifies the FAA's authority to
                issue rules on aviation safety. Subtitle I, section 106, describes the
                authority of the FAA Administrator. Subtitle VII: Aviation Programs,
                describes in more detail the scope of the Agency's authority.
                 The FAA is issuing this rulemaking under the authority described in
                Subtitle VII, Part A, Subpart III, Section 44701: ``General
                requirements.'' Under that section, Congress charges the FAA with
                promoting safe flight of civil aircraft in air commerce by prescribing
                regulations for practices, methods, and procedures the Administrator
                finds necessary for safety in air commerce. This regulation is within
                the scope of that authority because it addresses an unsafe condition
                that is likely to exist or develop on products identified in this
                rulemaking action.
                Regulatory Findings
                 The FAA has 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
                [[Page 39505]]
                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-2020-0576; Product Identifier 2020-NM-
                068-AD.
                (a) Comments Due Date
                 The FAA must receive comments by August 17, 2020.
                (b) Affected ADs
                 None.
                (c) Applicability
                 This AD applies to Airbus SAS Model A350-941 and -1041
                airplanes, certificated in any category, with an original
                airworthiness certificate or original export certificate of
                airworthiness issued on or before June 7, 2019.
                (d) Subject
                 Air Transport Association (ATA) of America Code 05, Time Limits/
                Maintenance Checks.
                (e) Reason
                 This AD was prompted by a determination that new or more
                restrictive airworthiness limitations are necessary. The FAA is
                issuing this AD to address the potential failure of certain life-
                limited parts, which could result in reduced structural integrity 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
                2020-0091, dated April 22, 2020 (``EASA AD 2020-0091'').
                (h) Exceptions to EASA AD 2020-0091
                 (1) The requirements specified in paragraph (1) of EASA AD 2020-
                0091 do not apply to this AD.
                 (2) Paragraph (2) of EASA AD 2020-0091 specifies revising ``the
                approved AMP'' within 12 months after its effective date, but this
                AD requires revising the existing maintenance or inspection program,
                as applicable, to incorporate the ``limitations'' specified in
                paragraph (2) of EASA 2020-0091 within 90 days after the effective
                date of this AD.
                 (3) The initial compliance time for complying with the
                limitations specified in paragraph (2) of EASA AD 2020-0091 is at
                the applicable ``limitations'' specified in paragraph (2) of EASA AD
                2020-0091, or within 90 days after the effective date of this AD,
                whichever occurs later.
                 (4) The provisions specified in paragraphs (3) and (4) of EASA
                AD 2020-0091 do not apply to this AD.
                 (5) The ``Remarks'' section of EASA AD 2020-0091 does not apply
                to this AD.
                (i) Provisions for Alternative Actions and Intervals
                 After the existing maintenance or inspection program has been
                revised as required by paragraph (g) of this AD, no alternative
                actions (e.g., inspections) and intervals are allowed unless they
                are approved as specified in the provisions of the ``Ref.
                Publications'' section of EASA AD 2020-0091.
                (j) 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 (k)(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 2020-0091 that contains RC procedures and
                tests: Except as required by paragraph (j)(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.
                (k) Related Information
                 (1) For information about EASA AD 2020-0091, 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-
                2020-0576.
                 (2) For more information about this AD, contact Vladimir
                Ulyanov, Aerospace Engineer, Large Aircraft Section, International
                Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
                telephone and fax 206-231-3229; email [email protected].
                 Issued on June 25, 2020.
                Gaetano A. Sciortino,
                Deputy Director for Strategic Initiatives, Compliance & Airworthiness
                Division, Aircraft Certification Service.
                [FR Doc. 2020-14075 Filed 6-30-20; 8:45 am]
                BILLING CODE 4910-13-P
                

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