[Federal Register Volume 84, Number 38 (Tuesday, February 26, 2019)]
[Rules and Regulations]
[Pages 6067-6069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03125]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0962; Product Identifier 2018-NM-125-AD; Amendment 
39-19560; AD 2019-03-08]
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 all 
Airbus SAS Model A350-941 airplanes. This AD was prompted by reports of 
an overheat failure mode of the hydraulic engine-driven pump (EDP), and 
a determination that the affected EDP needs to be replaced with an 
improved EDP. This AD requires replacement of a certain EDP with an 
improved EDP. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective April 2, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 2, 
2019.

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-2018-0962.

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-
0962; 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 all Airbus SAS Model A350-
941 airplanes. The NPRM published in the Federal Register on November 
23, 2018 (83 FR 59328). The NPRM was prompted by reports of an overheat 
failure mode of the hydraulic EDP, and a determination that the 
affected EDP needs to be replaced with an improved EDP. The NPRM 
proposed to require replacement of a certain EDP with an improved EDP.
    We are issuing this AD to address the overheat failure mode of the 
hydraulic EDP, which may cause a fast temperature rise of the hydraulic 
fluid, and, if 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 of the affected fuel 
tank.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0178, dated August 23, 2018 (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 
airplanes. The MCAI states:


[[Page 6068]]


    In the Airbus A350 design, the hydraulic fluid cooling system is 
located in the fuel tanks. Recently, an overheat failure mode of the 
hydraulic EDP was found, which 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.
    After EASA AD 2017-0154-E was issued, following further 
investigation, Airbus issued another MER of the A350 MMEL that 
expanded the number of restricted MMEL items. At the same time, 
Airbus revised Flight Operation Transmission (FOT) 999.0068/17, to 
inform all operators accordingly. 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.
    After EASA AD 2017-0180 was issued, Airbus developed HMCA 
[Hydraulic Monitoring and Control Application] SW [software] S4.2, 
embodied in production through Airbus mod 112090, and introduced in 
service through Airbus SB [service bulletin] A350-29-P012. 
Consequently, EASA issued AD 2017-0200 [which corresponds to FAA AD 
2018-19-19, Amendment 39-19419 (83 FR 48203, September 24, 2018)], 
retaining the requirements of EASA AD 2017-0180, which was 
superseded, and requiring modification of the aeroplane by 
installing HMCA SW S4.2.
    Since EASA AD 2017-0200 was issued, it was determined that the 
affected part need to be replaced with improved EDP. Consequently, 
Airbus issued the SB [Service Bulletin A350-29-P013, dated March 12, 
2018] to provide instructions to replace the affected parts with 
improved EDP, having P/N [part number] 53098-06, which are embodied 
in production through Airbus mod 112192.
    For the reasons described above, this [EASA] AD retains the 
requirement of EASA AD 2017-0200, which is superseded, and requires 
replacement of each affected parts with improved EDP.

    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-
0962.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. We have considered the comment received. Air Line 
Pilots Association, International stated that it supports the NPRM.

Conclusion

    We reviewed the relevant data, considered the comment 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 A350-29-P013, dated March 12, 
2018. This service information describes procedures for replacing a 
certain EDP with an improved EDP.
    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 11 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
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Up to 25 work-hours x $85 per hour =   Up to $224,400.........  Up to $226,525.........  Up to $2,491,775.
 $2,125.
----------------------------------------------------------------------------------------------------------------

    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

[[Page 6069]]

    (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):

2019-03-08 Airbus SAS: Amendment 39-19560; Docket No. FAA-2018-0962; 
Product Identifier 2018-NM-125-AD.

(a) Effective Date

    This AD is effective April 2, 2019.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

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

(e) Reason

    This AD was prompted by reports of an overheat failure mode of 
the hydraulic engine-driven pump (EDP), and a determination that the 
affected EDP needs to be replaced with an improved EDP. We are 
issuing this AD to address the overheat failure mode of the 
hydraulic EDP, which may cause a fast temperature rise of the 
hydraulic fluid, and, if 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 of the affected fuel tank.

(f) Compliance

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

(g) Required Action

    Before February 6, 2020, replace each EDP having part number (P/
N) 53098-04 with an improved EDP, having P/N 53098-06, in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A350-29-P013, dated March 12, 2018.

(h) Parts Installation Prohibition

    At the applicable time specified in paragraph (h)(1) or (h)(2) 
of this AD: No person may install an EDP having P/N 53098-04 on any 
airplane.
    (1) For airplanes that, as of the effective date of this AD, 
have any EDP having P/N 53098-04 installed: After modification of 
the airplane as specified by paragraph (g) of this AD.
    (2) For airplanes that, as of the effective date of this AD, are 
post-Modification 112192 and do not have any EDP having P/N 53098-04 
installed: As of the effective date of 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)(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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0178, dated August 23, 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-2018-0962.
    (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.

(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) Airbus Service Bulletin A350-29-P013, dated March 12, 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 February 8, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-03125 Filed 2-25-19; 8:45 am]
 BILLING CODE 4910-13-P