[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Rules and Regulations]
[Pages 55495-55498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22565]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 /
Rules and Regulations
[[Page 55495]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0404; Product Identifier 2019-NM-007-AD; Amendment
39-19754; AD 2019-20-01]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-26-
07, which applied to all Airbus SAS Model A350-941 and -1041 airplanes.
AD 2018-26-07 required repetitive greasing of the thrust reverser
actuators (TRAs), dispatch restrictions, and maintenance procedure
revisions. This AD requires actions specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
This AD was prompted by the FAA's determination to add a requirement to
replace the TRAs, which AD 2018-26-07 specified was not required at the
time to provide the opportunity for the public to comment on the merits
of that action. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective November 21, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 21,
2019.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
January 15, 2019 (83 FR 67677, December 31, 2018).
ADDRESSES: For the material 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, 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 by searching for and locating Docket No.
FAA-2019-0404.
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-
0404; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3218.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0234R2, dated September 17,
2019 (``EASA AD 2018-0234R2'') (referred to after this 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 FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2018-26-07, Amendment 39-19538 (83 FR
67677, December 31, 2018) (``AD 2018-26-07''). AD 2018-26-07 applied to
all Airbus SAS Model A350-941 and -1041 airplanes. The NPRM published
in the Federal Register on June 6, 2019 (84 FR 26373). The NPRM was
prompted by the FAA's determination to add a requirement to replace the
TRAs, which AD 2018-26-07 specified was not required at the time to
provide the opportunity for the public to comment on the merits of that
action. The NPRM proposed to require actions specified in an EASA AD,
which is incorporated by reference.
This AD was prompted by reports of TRAs jamming and the
determination that a one-time replacement of affected TRAs (all part
numbers) is necessary. We are issuing this AD to address jamming of the
TRAs, which could lead to an inadvertent thrust reverser sleeve
deployment, possibly resulting in reduced control or performance of the
airplane. See the MCAI for additional background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.
Request To Change Compliance Time for Replacement of the TRAs
The Air Line Pilots Association, International (ALPA) stated
partial agreement with the NPRM, and disagreement with the compliance
time for replacement of the TRAs. ALPA mentioned that it had commented
on AD 2018-26-07 that, based on the required inspection intervals of
the MCAI and the low time of the affected U.S. fleet, the inclusion of
the TRA replacement would not create an increased financial or undue
burden. ALPA stated their belief that correlating the compliance time
to the effective date of the new AD instead of using the effective date
of AD 2018-26-07 is inadequate.
The FAA infers that the commenter is requesting a change to the
compliance time for replacement of the TRAs. The FAA disagrees with the
commenter's request. As noted in AD 2018-26-07, the FAA could not
include the replacement in that AD because it was an immediately
adopted rule and the planned compliance time for the replacement
allowed enough time to provide notice and opportunity for prior public
comment on the merits of the replacement. The FAA is now issuing this
AD to require the replacement.
[[Page 55496]]
The only compliance time that is based on the effective date of
this AD is specified in condition 3 in Table 3 of the MCAI. For
airplanes with condition 3, the compliance time is the later of (A)
before exceeding 2,400 flight cycles; or (B) within 250 flight cycles
or 4 months, whichever occurs first after the effective date of this
AD. Because the U.S. fleet is approximately two years younger than the
oldest airplane in the global fleet and the affected U.S. airplanes
have TRAs with a lower flight cycle age, we have determined the
additional compliance time is appropriate and provides an acceptable
level of safety. The FAA has not changed this AD in this regard.
Request To Remove Requirement To Change Master Minimum Equipment List
(MMEL)
Delta Air Lines (DAL) requested that the FAA remove the requirement
to change the MMEL in paragraph (h)(4) of the proposed AD. DAL pointed
out that the updates required by paragraph (h)(4) of the proposed AD
have been incorporated into the FAA MMEL as of Revision 4. DAL also
mentioned that the FAA MMEL and the EASA MMEL are not identical. DAL
stated that the FAA MMEL is more restrictive and does not allow the
deactivation of both thrust reversers at the same time. DAL also stated
that the differences, combined with possible future revisions of either
the FAA MMEL or the EASA MMEL, could lead to confusion. DAL also
pointed out that U.S. operators must follow the FAA MMEL.
The FAA agrees for the reasons provided. The FAA has revised
paragraph (h)(3) of this AD to specify that the MMEL changes specified
in EASA AD 2018-0234R1 and EASA AD 2018-0234R2 are not required by this
AD, removed paragraph (h)(4) of this AD, and redesignated subsequent
paragraphs accordingly.
Changes to This AD
Since the FAA issued the NPRM, EASA issued AD 2018-0234R2. EASA AD
2018-0234R2 refines the definition of affected TRAs and introduces a
longer interval for repetitive greasing of certain affected TRAs. The
FAA has determined that no additional work is required for airplanes on
which the requirements specified in EASA AD 2018-0234R1, dated November
13, 2018 (``EASA AD 2018-0234R1'') have been accomplished. Therefore,
the agency has revised all applicable sections in this final rule to
also specify EASA AD 2018-0234R2.
In addition, the FAA has revised the terminology in paragraph
(h)(1) of this AD to clarify the retained requirements.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0234R2 describes procedures for repetitive greasing of
the TRAs, maintenance procedure revisions, and replacement of the TRAs,
among other actions.
This AD also requires EASA AD 2018-0234R1, which the Director of
the Federal Register approved for incorporation by reference as of
January 15, 2019 (83 FR 67677, December 31, 2018).
These documents are distinct since EASA AD 2018-0234R2 includes
updated requirements and definitions, and a longer interval for
repetitive greasing of certain affected TRAs. 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.
Interim Action
The FAA considers this AD interim action. If final action is later
identified, The FAA might consider further rulemaking then.
Costs of Compliance
The FAA estimates that this AD affects 11 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 10 work-hours x $85 per $0 $850 $9,350
2018[dash]26[dash]07. hour = $850.
New actions......................... 12 work-hours x $85 per (*) * 1,020 * 11,220
hour = $1,020.
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* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the
replacement specified in this AD.
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.
This 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 AD will not have federalism implications
under
[[Page 55497]]
Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2018-26-07, Amendment 39-19538 (83 FR 67677, December 31, 2018), and
adding the following new AD:
2019-20-01 Airbus SAS: Amendment 39-19754; Docket No. FAA-2019-0404;
Product Identifier 2019-NM-007-AD.
(a) Effective Date
This AD is effective November 21, 2019.
(b) Affected ADs
This AD replaces AD 2018-26-07, Amendment 39-19538 (83 FR 67677,
December 31, 2018) (``AD 2018-26-07'').
(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 78, Engine
Exhaust.
(e) Reason
This AD was prompted by reports of thrust reverser actuators
(TRAs) jamming and the determination that a one-time replacement of
affected TRAs (all part numbers) is necessary. The FAA is issuing
this AD to address jamming of the TRAs, which could lead to an
inadvertent thrust reverser sleeve deployment, possibly resulting in
reduced control or performance 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, the European Union Aviation Safety Agency (EASA)
ADs specified in paragraph (g)(1) or (2) of this AD.
(1) EASA AD 2018-0234R1, dated November 13, 2018 (``EASA AD
2018-0234R1''). All provisions specified in EASA AD 2018-0234R1
apply in this AD.
(2) EASA AD 2018-0234R2, dated September 17, 2019 (``EASA AD
2018-0234R2''). All provisions specified in EASA AD 2018-0234R2
apply in this AD.
(h) Exceptions to EASA AD 2018-0234R1 and EASA AD 2018-0234R2
(1) For purposes of determining compliance with the maintenance
procedure revisions and repetitive TRA greasing requirements of this
AD: Where EASA AD 2018-0234R1 and EASA AD 2018-0234R2 refer to the
effective date of EASA AD 2018-0234R1 (November 13, 2018), this AD
requires using January 15, 2019 (the effective date of AD 2018-26-
07).
(2) For purposes of determining compliance with the TRA
replacement requirements of this AD: Where EASA AD 2018-0234R1 and
EASA AD 2018-0234R2 refer to their effective dates or November 13,
2018 (the effective date of EASA AD 2018-0234R1), this AD requires
using the effective date of this AD.
(3) The master minimum equipment list (MMEL) changes specified
in paragraph (1) of EASA AD 2018-0234R1 and EASA AD 2018-0234R2 are
not required by this AD.
(4) The ``Remarks'' sections of EASA AD 2018-0234R1 and EASA AD
2018-0234R2 do not apply to this AD.
(5) Where EASA AD 2018-0234R1 and EASA AD 2018-0234R2 refer to
the ``the MER,'' that document is not required by this AD, and it is
not applicable to U.S. operators.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2018-
0234R1 and EASA AD 2018-0234R2 specifies to submit certain
information to the manufacturer, this AD does not include that
requirement.
(j) 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 (k) 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, 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 2018-0234R1 or EASA AD 2018-0234R2 that
contains RC procedures and tests: Except as specified 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
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; phone and
fax: 206-231-3218.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(3) The following service information was approved for IBR on
November 21, 2019.
(i) European Union Aviation Safety Agency (EASA) AD 2018-0234R2,
dated September 17, 2019.
(ii) [Reserved]
(4) The following service information was approved for IBR on
January 15, 2019 (83 FR 67677, December 31, 2018).
(i) European Aviation Safety Agency (EASA) AD 2018-0234R1, dated
November 13, 2018.
(ii) [Reserved]
(5) For EASA ADs 2018-0234R1 and 2018-0234R2, 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.
Note 1 to paragraph (l)(5): EASA AD 2018-0234R1 can be accessed
in the zipped file at the bottom of the web page for EASA AD
[[Page 55498]]
2018-0234R2. When EASA posts a revised AD on their website, they
watermark the previous AD as ``Revised,'' alter the file name by
adding ``_revised'' to the end, and move it into a zipped file
attached at the bottom of the AD web page.
(6) You may view this 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. AD
2018-0234R1 and 2018-0234R2 may be found in the AD docket on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0404.
(7) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on September 3, 2019.
Michael Kaszycki,
Acting Manager, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-22565 Filed 10-16-19; 8:45 am]
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