[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Rules and Regulations]
[Pages 56702-56704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24683]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0758; Product Identifier 2018-NM-093-AD; Amendment 
39-19493; AD 2018-23-07]
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: We are adopting a new airworthiness directive (AD) for certain 
Airbus SAS Model A350-941 airplanes. This AD was prompted by a review 
of the Airbus A350 structure design principles database for type 
definition that revealed that the balancer fitting part, installed on 
the tail cone, on a certain frame (FR) has several corrosion-resistant 
stainless steel nuts that do not meet the requirements for protection 
against corrosion. This AD requires application of a new additional 
overcoat sealant and elastic varnish on the affected nuts and 
fasteners. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective December 19, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 19, 
2018.

ADDRESSES: For service information identified in this final rule, 
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile 
Dewoitine No: 2, 31700 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. It is also 
available on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2018-0758.

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-
0758; 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 (phone: 800-647-
5527) 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; telephone and fax 206-231-3218.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Airbus SAS Model 
A350-941 airplanes. The NPRM published in the Federal Register on 
August 16, 2018 (83 FR 40708). The NPRM was prompted by a review of the 
Airbus A350 structure design principles database for type definition 
that revealed that the balancer fitting part, installed on the tail 
cone, on a certain FR has several corrosion-resistant stainless steel 
nuts that do not meet the requirements for protection against 
corrosion. The NPRM proposed to require application of a new additional 
overcoat sealant and elastic varnish on the affected nuts and 
fasteners.
    We are issuing this AD to address several corrosion-resistant 
stainless steel nuts installed on elementary aluminum parts, which do 
not meet the requirements for protection against corrosion, and if not 
corrected, could reduce the structural integrity of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0123, dated June 4, 2018 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Airbus SAS Model A350-941 airplanes. The 
MCAI states:


[[Page 56703]]


    Following a complete review of the Airbus A350 structure design 
principles database for type definition, it was revealed that the 
balancer fitting part, installed on the tail cone, lower section of 
Frame (FR) 103, has several corrosion resistant stainless steel nuts 
installed on elementary aluminium parts, which does not meet the 
requirements for protection against corrosion.
    This condition, if not corrected, could reduce the structural 
integrity of the aeroplane.
    To address this unsafe condition, Airbus developed production 
mod 110319 to improve protection against corrosion, and issued the 
SB [Airbus Service Bulletin A350-53-P024] to provide modification 
instructions for in-service pre-mod aeroplanes. At the same time the 
production mod 110348 is equivalent to in-service solution.
    For the reasons described above, this [EASA] AD requires a 
modification, adding new additional overcoat sealant and elastic 
varnish on the affected nuts and fastener heads.

    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-
0758.

Comments

    We 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.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) indicated 
their support for the NPRM.

Request To Clarify the Proposed AD's Applicability

    The commenter Mary Dunn inquired about the proposed AD's effect on 
similar airplanes and if the actions proposed in the NPRM are proactive 
or retroactive.
    We acknowledge the comment and note that this AD will only affect 
certain Airbus SAS Model A350-941 airplanes, not airplanes similar to 
Airbus SAS Model A350-941 airplanes. The unsafe condition has only been 
identified to affect Airbus SAS Model A350-941 airplanes, not other 
models, so no action is needed on other airplane models. This AD does 
have both proactive and retroactive components, in that this AD applies 
to existing Airbus SAS Model A350-941 airplanes, as specified in 
paragraph (c) of this AD, while the actions required by paragraph (g) 
of this AD will be embodied on future Airbus SAS Model A350-941 
airplanes in production. No change to this AD has been made in this 
regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule as proposed, except for minor editorial changes. We 
have 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.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A350-53-P024, dated April 3, 
2018. This service information describes procedures for application of 
a new additional overcoat sealant and elastic varnish on the affected 
nuts and fasteners. 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.

Costs of Compliance

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................            $500             $670           $4,690
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all known costs in our cost 
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This 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

    This AD will not have federalism implications under 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) 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

[[Page 56704]]

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 adding the following new airworthiness 
directive (AD):

2018-23-07 Airbus SAS: Amendment 39-19493; Docket No. FAA-2018-0758; 
Product Identifier 2018-NM-093-AD.

(a) Effective Date

    This AD is effective December 19, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes, 
certificated in any category, except those on which Airbus 
modification 110319 or Airbus modification 110348 has been embodied 
in production.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a review of the Airbus A350 structure 
design principles database for type definition that revealed that 
the balancer fitting part, installed on the tail cone, lower section 
of frame (FR) 103, has several corrosion-resistant stainless steel 
nuts installed on elementary aluminum parts, and this configuration 
does not meet the requirements for protection against corrosion. We 
are issuing this AD to address this condition, which if not 
corrected, could reduce the structural integrity of the airplane.

(f) Compliance

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

(g) Required Action

    Within 72 months since the date of issuance of the original 
airworthiness certificate or the date of issuance of the original 
export certificate of airworthiness, apply additional overcoat 
sealant and elastic varnish to the fastener heads and the anchor 
nuts of the balancer fitting at FR 103, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A350-53-P024, 
dated April 3, 2018.

(h) 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 (i)(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 European Aviation 
Safety Agency (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): If any service information 
contains procedures or tests that are identified as RC, those 
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.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0123, dated June 4, 2018, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2018-0758.
    (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.

(j) 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.
    (i) Airbus Service Bulletin A350-53-P024, dated April 3, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine 
No: 2, 31700 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.
    (4) 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.
    (5) You may view this service information 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 November 2, 2018.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2018-24683 Filed 11-13-18; 8:45 am]
 BILLING CODE 4910-13-P