[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Proposed Rules]
[Pages 26880-26882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12230]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0505; Product Identifier 2017-NM-178-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus 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 Model A350-941 airplanes. This proposed AD was prompted by a 
report of an overheat failure mode of the hydraulic engine-driven pump, 
which could cause a fast temperature rise of the hydraulic fluid. This 
proposed AD would require modifying the hydraulic monitoring and 
control application (HMCA) software. We are proposing this AD to 
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 26, 2018.

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 Airbus 
SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 
80; email [email protected]; internet http://www.airbus.com. You may view this service information 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.

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-2018-
0505; or in person at the Docket Management Facility 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 the Docket Operations 
office (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-2018-0505; 
Product Identifier 2017-NM-178-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 European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2017-0200, dated October 10, 2017 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Airbus Model A350-941 airplanes. 
The MCAI states:

    In the Airbus A350 design, the hydraulic fluid cooling system is 
located in the fuel tanks. Recently, an overheat failure mode of the 
hydraulic engine-driven pump (EDP) was found. Such EDP failure may 
cause a fast temperature rise of the hydraulic fluid.
    This condition, if not detected and corrected, combined with an 
inoperative fuel tank inerting system, could lead to an uncontrolled 
overheat of the hydraulic fluid, possibly resulting in ignition of 
the fuel-air mixture in the affected fuel tank.
    To address this potential unsafe condition, Airbus issued a 
Major Event Revision (MER) of the A350 Master Minimum Equipment List 
(MMEL) that incorporates restrictions to avoid an uncontrolled 
overheat of the hydraulic system. Consequently, EASA issued 
Emergency AD 2017-0154-E to require implementation of these dispatch 
restrictions.
    Since EASA Emergency AD 2017-0154-E was issued, following 
further investigation, Airbus issued another MER of the A350 MMEL 
that expands the number of restricted MMEL items. At the same time, 
Airbus revised Flight Operation Transmission (FOT) 999.0068/17, to 
inform all operators about the latest MMEL restrictions. 
Consequently, EASA issued AD 2017-0180, retaining the requirements 
of EASA Emergency AD 2017-0154-E, which was superseded, and 
requiring implementation of the new Airbus A350 MMEL MER and, 
consequently, restrictions for aeroplane dispatch.
    Since EASA AD 2017-0180 was issued, Airbus developed a software 
(SW) update of the Hydraulic Monitoring and Control Application 
(HMCA) SW S4.2, introduction of which avoids uncontrolled overheat 
of the hydraulic system. HMCA SW S4.2 is embodied in production 
through Airbus modification (mod) 112090, and introduced in service 
through Airbus Service Bulletin (SB) A350-29-P012.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2017-0180, which is superseded, and requires 
modification of the aeroplane by installing HMCA SW S4.2.
    This [EASA] AD is still considered to be an interim action and 
further AD action may follow.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0505.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A350-29-P012, dated October 6, 
2017. The service information describes procedures for modifying the 
HMCA software by installing HMCA software S4.2 upgrades. 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.

[[Page 26881]]

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 and service 
information 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.

Costs of Compliance

    We estimate that this proposed AD affects 7 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................            $450             $620           $4,340
----------------------------------------------------------------------------------------------------------------

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 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

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: Docket No. FAA-2018-0505; Product Identifier 2017-NM-178-AD.

(a) Comments Due Date

    We must receive comments by July 26, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Model A350-941 airplanes, 
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic 
Power.

(e) Reason

    This AD was prompted by a report of an overheat failure mode of 
the hydraulic engine-driven pump, which could cause a fast 
temperature rise of the hydraulic fluid. We are issuing this AD to 
address high hydraulic fluid temperature combined with an 
inoperative fuel tank inerting system, which could result in 
uncontrolled overheating of the hydraulic system and consequent 
ignition sources inside the fuel tank, which, combined with 
flammable fuel vapors, could result in a fuel tank explosion and 
consequent loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definition of Airplane Groups

    (1) Group 1 are airplanes on which the hydraulic monitoring and 
control application (HMCA) software (SW) S4.2 is not installed.
    (2) Group 2 are post-mod 112090 airplanes on which the HMCA SW 
S4.2 is installed.

(h) Software Modification

    For Group 1 airplanes: Within 30 days after the effective date 
of this AD, modify the HMCA software by installing HMCA SW S4.2, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A350-29-P012, dated October 6, 2017. Where paragraphs 
3.C.(1)(a) and 3.C.(2)(a) of Airbus Service Bulletin A350-29-P012, 
dated October 6, 2017, identify ``SOFTWARE-**'' and indicate that 
the ``Software becomes'' new software: For purposes of this AD, the 
new software titles/descriptions might not match exactly with the 
airplane and the service information; the old and new software 
titles/descriptions are for reference only as an aid to operators.

(i) Parts Prohibition

    At the applicable time specified in paragraph (i)(1) or (i)(2) 
of this AD: No person may install an HMCA software pre-mod HMCA SW 
S4.2, on any airplane.
    (1) For Group 1 airplanes: After accomplishment of the 
modification required by paragraph (h) of this AD.
    (2) For Group 2 airplanes: As of the effective date of this AD.

[[Page 26882]]

(j) Other Acceptable Installation Method

    Installation of an HMCA SW standard approved after the effective 
date of this AD is acceptable for compliance with the corresponding 
actions required by paragraph (h) of this AD, provided the 
conditions required by paragraphs (j)(1) and (j)(2) of this AD are 
met.
    (1) The HMCA SW standard must be approved by the Manager, 
International Section, Transport Standards Branch, FAA; the European 
Aviation Safety Agency (EASA); or Airbus's EASA Design Organization 
Approval (DOA). If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (2) The installation must be accomplished in accordance with the 
modification instructions approved by the Manager, International 
Section, Transport Standards Branch, FAA; the EASA; or Airbus's EASA 
DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.

(k) 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 (l)(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 corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the EASA; or Airbus's 
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2017-0200, dated October 10, 2017, for related 
information. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2018-0505.
    (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.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 45 80; email [email protected]; internet http://www.airbus.com. You 
may view this service information 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.

    Issued in Des Moines, Washington, on May 29, 2018.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2018-12230 Filed 6-8-18; 8:45 am]
 BILLING CODE 4910-13-P