[Federal Register Volume 83, Number 249 (Monday, December 31, 2018)]
[Rules and Regulations]
[Pages 67677-67680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28418]
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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. 83, No. 249 / Monday, December 31, 2018 /
Rules and Regulations
[[Page 67677]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-1064; Product Identifier 2018-NM-155-AD; Amendment
39-19538; AD 2018-26-07]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by
reports of thrust reverser actuators (TRAs) jamming. This AD requires
repetitive greasing of the TRAs, dispatch restrictions and maintenance
procedure revisions. We are issuing this AD to address the unsafe
condition on these products.
DATES: This AD becomes effective January 15, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 15,
2019.
We must receive comments on this AD by February 14, 2019.
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: 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 the incorporation by reference (IBR) material described in the
``Related IBR material under 1 CFR part 51'' section in SUPPLEMENTARY
INFORMATION, contact European Aviation Safety Agency (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-
1064; 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 AD, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (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:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0234R1, dated November 13, 2018
(``EASA AD 2018-0234R1'') (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. The
MCAI states:
Operators of A350 aeroplanes have reported some occurrences of
TRA jamming. Further investigation results indicated that the ball
bearings inside the TRA are suffering from corrosion due to lack of
grease and are degrading with time.
This condition, if not corrected, could lead to an inadvertent
thrust reverser sleeve deployment, possibly resulting in reduced
control or performance of the aeroplane.
To address this potential unsafe condition, Airbus issued the
AOT [Alert Operators Transmission A78P001-18 Revision 01] to provide
instructions for repetitive TRA greasing to prevent actuator ball
bearings degradation, and the MER [Major Event Revision] that
incorporates temporary restrictions of the MMEL [Master Minimum
Equipment List] items related to thrust reverser actuation system.
The AOT also provides instructions to replace certain affected TRA,
depending on condition and previously applied greasing.
For the reasons described above, this [EASA] AD requires
implementation of certain dispatch restrictions. This [EASA] AD also
requires repetitive greasing of each affected TRA and a one-time
replacement of certain affected TRA, depending on condition.
* * * * *
This [EASA] AD is still considered to be an interim action and
further AD action may follow.
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0234R1 describes procedures for repetitive greasing of
the TRAs, dispatch restrictions, and maintenance procedure revisions,
among other actions. 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.
FAA's Determination
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 referenced
above. We are issuing this AD because we evaluated all pertinent
information and determined the unsafe condition exists and is likely to
exist or develop on other products of the same type design.
[[Page 67678]]
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2018-0234R1 described previously, except as discussed under
``Differences Between this AD and the MCAI.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA 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. As a result,
EASA AD 2018-0234R1 will be incorporated by reference in the FAA final
rule. This AD would, therefore, require compliance with the provisions
specified in EASA AD 2018-0234R1, except for any differences identified
as exceptions in the regulatory text of this AD. Service information
specified in EASA AD 2018-0234R1 that is required for compliance with
EASA AD 2018-0234R1 will be available at http://www.regulations.gov
under Docket No. FAA-2018-1064 after the FAA final rule is published.
Differences Between This AD and the MCAI
The MCAI specifies a one-time replacement of certain TRAs. We are
considering requiring this replacement. However, the planned compliance
time for the replacement would allow enough time to provide notice and
opportunity for prior public comment on the merits of the replacement.
The MCAI specifies to revise the EASA/Airbus MMEL to change certain
MMEL items. This AD refers to the operator's minimum equipment list
(MEL) instead of the FAA MMEL. It is unnecessary to reference the MMEL,
as operators are required in 14 CFR part 91 to have an MEL to operate
with inoperable equipment and provisions for relief cannot be in an MEL
without first being part of the MMEL. The intent of the provision has
not changed.
In addition, there are differences between the EASA/Airbus MMEL and
the FAA MMEL. The FAA MMEL is more restrictive because relief is only
provided for one engine reverser, whereas the EASA/Airbus MMEL provides
relief for both. Therefore, this AD requires incorporating the
information specified in Figure 1 to paragraph (h)(3) of this AD into
the operator's MEL.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because jamming of the TRAs could lead to an inadvertent thrust
reverser sleeve deployment, possibly resulting in reduced control or
performance of the airplane. Therefore, we find good cause that notice
and opportunity for prior public comment are impracticable. In
addition, for the reason stated above, we find that good cause exists
for making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2018-1064; Product
Identifier 2018-NM-155-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD 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 AD.
Costs of Compliance
We estimate that this AD affects 11 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
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10 work-hours x $85 per hour = $850.......................... $0 $850 $9,350
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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
We determined that 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
[[Page 67679]]
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):
2018-26-07 Airbus SAS: Amendment 39-19538; Docket No. FAA-2018-1064;
Product Identifier 2018-NM-155-AD.
(a) Effective Date
This AD becomes effective January 15, 2019.
(b) Affected ADs
None.
(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. 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.
(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 Aviation Safety Agency (EASA) AD 2018-
0234R1, dated November 13, 2018 (``EASA AD 2018-0234R1'').
(h) Exceptions to EASA AD 2018-0234R1
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2018-0234R1 refers to its effective date,
this AD requires using the effective date of this AD.
(2) Where EASA AD 2018-0234R1 refers to the master minimum
equipment list (MMEL), this AD refers to the operator's minimum
equipment list (MEL).
(3) Where EASA AD 2018-0234R1 refers to the flight operations
transmission (FOT) for certain changes, for this AD, do not
incorporate the information specified in EASA MMEL item 78-09-01B,
``ENG 1(2) REVERSER MINOR FAULT message--Associated reverser
considered inoperative,'' and instead, incorporate the information
specified in Figure 1 to paragraph (h)(3) of this AD into the
operator's MEL.
[GRAPHIC] [TIFF OMITTED] TR31DE18.025
(4) The replacement specified in paragraph (4) of EASA AD 2018-
0234R1 is not required by this AD.
(5) The ``Remarks'' section of EASA AD 2018-0234R1 does not
apply.
(6) Where EASA AD 2018-0234R1 refers 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, 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
[[Page 67680]]
2018-0234R1 that contain 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
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.
(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.
(i) European Aviation Safety Agency (EASA) AD 2018-0234R1, dated
November 13, 2018.
(ii) [Reserved]
(3) For information about EASA AD 2018-0234R1, 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.
(4) 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
2018-0234R1 may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2018-1064.
(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 December 21, 2018.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2018-28418 Filed 12-28-18; 8:45 am]
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