[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Rules and Regulations]
[Pages 64230-64233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26536]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0791; Product Identifier 2018-NM-043-AD; Amendment 
39-19523; AD 2018-25-12]
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 
determination that certain holes for the vertical tail plane (VTP) 
tension bolts connection are not properly protected against corrosion. 
This AD requires modifying the VTP tension bolts connection by adding 
sealant and protective treatment to the head of the connection, at the 
barrel nut cavities, and in the surrounding area. We are issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective January 18, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 18, 
2019.

ADDRESSES: For the incorporation by reference (IBR) material described 
in the ``Related IBR material under 1 CFR part 51'' section in 
SUPPLEMENTARY INFORMATION, contact 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.

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-
0791; 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 
September 14, 2018 (83 FR 46677). The NPRM was prompted by a 
determination that certain holes for the VTP tension bolts connection 
are not properly protected against corrosion.

[[Page 64231]]

The NPRM proposed to require modifying the VTP tension bolts connection 
by adding sealant and protective treatment to the head of the 
connection, at the barrel nut cavities, and in the surrounding area.
    We are issuing this AD to address corrosion of the VTP tension 
bolts connection, which could reduce the structural integrity of the 
VTP, and could ultimately lead to reduced controllability 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 
2018-0045, dated February 15, 2018; corrected February 22, 2018 (``EASA 
AD 2018-0045'') (also referred to 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:

    It was identified that the section 19 holes for the Vertical 
Tail Plane (VTP) tension bolts connection are not properly protected 
against corrosion.
    This condition, if not corrected, could reduce the structural 
integrity of the VTP [and could ultimately lead to reduced 
controllability of the airplane].
    To address this unsafe condition, Airbus developed production 
mod 108307 and mod 110696 to improve protection against corrosion, 
and issued the SB [Service Bulletin A350-55-P002] to provide in-
service modification instructions.
    For the reasons described above, this [EASA] AD requires a 
modification by adding sealant and protective treatment to the head 
of the section 19 VTP tension bolts connection, at the barrel nut 
cavities and in the surrounding area.
    This [EASA] AD was corrected to clarify the text of the 
``Modification''.

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 and New Process

    The Air Line Pilots Association, International (ALPA) and Delta Air 
Lines (Delta) indicated their support for the NPRM, which was the first 
AD action using a new process that refers to the EASA AD as the primary 
source of information for compliance with the FAA AD requirements. 
Delta noted that the proposed AD would not disallow the ``later 
approved revisions'' language typically used in EASA ADs. Delta stated 
it appreciates the flexibility that the ``or later versions of the 
Service Bulletin'' language in typical EASA ADs provides, and hopes 
that flexibility can remain an option for future ADs.
    Delta also contacted the FAA prior to posting its comments and 
noted that the new format for this Airbus AD is cleaner. Delta also 
stated that it sees many benefits to this new AD process.
    The FAA acknowledges the comments from Delta. Our intent is to rely 
on the language in the EASA ADs whenever possible in order to simplify 
FAA ADs. Any differences required by the FAA will continue to be 
included in the FAA AD. We note that we plan to use this new process 
initially with certain EASA ADs that are suited to this process.

Request To Clarify if Reporting Is Not Required

    Delta requested that we include a statement in the proposed AD 
noting that reporting is not required. Delta noted that in service 
bulletins containing Required for Compliance (RC) language, requests to 
report findings are generally in the procedures section, making the 
reporting RC. Delta added that including a statement in the proposed AD 
confirming that reporting is not required is helpful. When reporting is 
mandatory, Delta recommended including a ``reporting requirements'' 
paragraph in the AD that permits various reporting methods, includes 
the ``what/how/when,'' and includes a compliance time of 30 days from 
the return to service (not from a finding).
    We agree with the commenter that if our AD does not require 
reporting, and reporting is within an RC paragraph of the service 
information referenced in the associated EASA AD, our AD should specify 
``no reporting'' in the body of the AD. However, such wording is not 
necessary for this AD. EASA AD 2018-0045 does not require reporting and 
the service information referenced in EASA AD 2018-0045 does not 
specify reporting in the RC paragraphs. Therefore, we have not changed 
this AD in this regard.
    We also agree that if reporting is mandatory in our AD, we will 
include a ``reporting requirements'' paragraph that clarifies what 
needs to be reported and the compliance time for reporting. Regarding 
the compliance time suggestion, we typically match the compliance time 
for reporting provided in the EASA AD. If we determine it is too short 
or long, we may extend or shorten the compliance time as appropriate.

Request To Identify Certain Steps as Non-RC

    Delta requested that we add an exception to our proposed AD noting 
that reapplication of corrosion inhibiting compounds (CICs) is not RC. 
Delta noted that all procedures and tests in the service information 
referenced in EASA AD 2018-0045 are RC, and the procedure steps include 
things like reapplying CICs. Delta stated that if the service 
information or NPRM was not related to corrosion, those procedure steps 
might include applying CICs, but the CIC steps should not be RC. Delta 
explained that since the choice of CICs is under the operator's control 
under their corrosion prevention and control program (CPCP), the 
operator may now have to obtain an alternative method of compliance 
(AMOC) to use their standard CIC rather than what is called out in the 
service information, or to use an old out-of-date CIC just because it 
is listed in the service information. Delta recommended that RC tags 
never be applied to steps that call for restoring CIC unless that is 
the driving force in the AD.
    We acknowledge that steps that do not address the identified unsafe 
condition should not be identified as RC steps. However, for this AD, 
the instructions provided in the service information, which include 
applying corrosion preventive compounds (CPCs), have been identified as 
necessary to address the unsafe condition. If an operator's CPCP 
includes an alternative material and the operator wants to use it 
instead of the material listed in an RC step, the operator must request 
an AMOC using the procedures in paragraph (i)(1) of this AD.
    For future ADs, we will address this issue on a case-by-case basis. 
For some ADs, we might add an exception allowing the use of alternative 
CICs if they provide an acceptable level of safety. If operators 
identify CICs that are equal to or better than the CICs identified in 
the service information, they can request an AMOC using the procedures 
in paragraph (i)(1) of this AD.

Request To Clarify Applicability

    Delta requested that we revise paragraph (c) of the proposed AD to 
point to the airplanes (specific serial numbers) specified in the 
service information referenced in EASA AD 2018-0045, rather than the 
airplanes identified in EASA AD 2018-0045. Delta noted that the wording 
of the applicability paragraph of a given AD can create an undue burden 
on operators. Delta stated, as an example, that if the applicability 
paragraph states ``all 350 aircraft, except those with mod x or y 
embodied in production'' it must prove that all airplanes are not 
affected, and it must write an engineering document stating that its 
airplanes are

[[Page 64232]]

not affected. Delta stated that, in this example, a slight change to 
the wording can have a big impact. Delta suggested that if the wording 
in the example was changed to ``this AD applies to Airbus A350 aircraft 
as identified in Airbus Service Bulletin A350-52-P012,'' only the 
applicable airplanes would be identified. Delta concluded that, with 
revised wording, it would no longer be burdened to prove compliance for 
its fleet, because the applicable airplanes are listed in the service 
information.
    We disagree with the commenter's request. The applicability in this 
AD matches that in EASA AD 2018-0045 to ensure that the unsafe 
condition is addressed on all affected airplanes. We agree with EASA's 
approach to identifying the AD applicability since affected serial 
numbers may change through modification of an airplane. If airplanes 
are identified by serial number, rather than airplane configuration, 
affected airplanes may be excluded from the AD applicability. 
Therefore, we have not changed this AD 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 IBR Material Under 1 CFR Part 51

    EASA AD 2018-0045, dated February 15, 2018; corrected February 22, 
2018; describes procedures for modifying the VTP tension bolts 
connection by adding sealant and protective treatment to the head of 
the connection, at the barrel nut cavities, and in the surrounding 
area. 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, and it is publicly 
available through the EASA website.

Costs of Compliance

    We estimate that this AD affects 6 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
50 work-hours x $85 per hour = $4,250........................          $9,200          $13,450          $80,700
----------------------------------------------------------------------------------------------------------------

    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 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 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):

2018-25-12 Airbus SAS: Amendment 39-19523; Docket No. FAA-2018-0791; 
Product Identifier 2018-NM-043-AD.

(a) Effective Date

    This AD is effective January 18, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes, 
certificated in any category, as identified in European Aviation 
Safety Agency (EASA) AD 2018-0045, dated February 15, 2018; 
corrected February 22, 2018 (``EASA AD 2018-0045'').

[[Page 64233]]

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that the section 19 
holes for the vertical tail plane (VTP) tension bolts connection are 
not properly protected against corrosion. We are issuing this AD to 
address corrosion of the VTP tension bolts connection, which could 
reduce the structural integrity of the VTP, and could ultimately 
lead to reduced controllability of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified by paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2018-0045.

(h) Exceptions to EASA AD 2018-0045

    (1) For purposes of determining compliance with the requirements 
of this AD, where EASA AD 2018-0045 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2018-0045 does not apply 
to this AD.

(i) 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 (j) 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): Any RC procedures and tests 
identified in the service information referenced in EASA AD 2018-
0045 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.

(j) 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; telephone 
and fax 206-231-3218.

(k) 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) European Aviation Safety Agency (EASA) AD 2018-0045, dated 
February 15, 2018; corrected February 22, 2018.
    (ii) [Reserved]
    (3) For EASA AD 2018-0045, contact 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 EASA AD 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. EASA AD 2018-0045 may 
be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2018-0791.
    (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 29, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-26536 Filed 12-13-18; 8:45 am]
 BILLING CODE 4910-13-P