[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Proposed Rules]
[Pages 26373-26376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11785]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / 
Proposed Rules  

[[Page 26373]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0404; Product Identifier 2019-NM-007-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2018-26-
07, which applies to all Airbus SAS Model A350-941 and -1041 airplanes. 
AD 2018-26-07 requires repetitive greasing of the thrust reverser 
actuators (TRAs), dispatch restrictions, and maintenance procedure 
revisions. Since we issued AD 2018-26-07, we are now proposing to add a 
requirement to replace the TRAs, which AD 2018-26-07 specified was not 
required at the time to provide the opportunity for the public to 
comment on the merits of that action. This proposed AD would require 
actions specified in an European Aviation Safety Agency (EASA) AD, 
which will be incorporated by reference. We are proposing this AD to 
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 22, 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 material identified in this NPRM that will be incorporated 
by reference (IBR), contact the 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-2019-
0404; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. 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; phone 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-2019-0404; 
Product Identifier 2019-NM-007-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

    We issued AD 2018-26-07, Amendment 39-19538 (83 FR 67677, December 
31, 2018) (``AD 2018-26-07''), for all Airbus SAS Model A350-941 and -
1041 airplanes. AD 2018-26-07 requires repetitive greasing of the TRAs, 
dispatch restrictions, and maintenance procedure revisions. AD 2018-26-
07 resulted from reports of the TRAs jamming. We issued AD 2018-26-07 
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.

Actions Since AD 2018-26-07 Was Issued

    The preamble to AD 2018-26-07 specifies that we consider the 
requirements ``interim action'' and that we were considering requiring 
a one-time replacement of affected (all part numbers) TRAs. That AD 
explains that the planned compliance time for the installation of the 
TRAs would allow enough time to provide notice and opportunity for 
prior public comment on the merits of the replacement, and this 
proposed AD follows from that determination.
    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

[[Page 26374]]

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.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2018-26-07, this proposed AD would retain all of the 
requirements of AD 2018-26-07. Those requirements are referenced in 
EASA AD 2018-0234R1, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related IBR Material Under 1 CFR Part 51

    This proposed AD would continue to require EASA AD 2018-0234R1, 
which the Director of the Federal Register approved for incorporation 
by reference as of January 15, 2019 (83 FR 67677, December 31, 2018). 
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.

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 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.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2018-0234R1 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed AD and the MCAI/Service 
Information.''

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 proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2018-0234R1, through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this proposed AD. Service information specified 
in EASA AD 2018-0234R1 that is required for compliance with EASA AD 
2018-0234R1 will be available on the internet http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0404 after the FAA final rule is published.

Differences Between This Proposed AD and the MCAI/Service Information

    The MCAI specifies to revise the EASA/Airbus MMEL to change certain 
MMEL items. This proposed 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 
provided for only one engine reverser, whereas the EASA/Airbus MMEL 
provides relief for both. Therefore, this proposed AD would require 
incorporating the information specified in Figure 1 to paragraph (h)(4) 
of this proposed AD into the operator's MEL.

Costs of Compliance

    We estimate that this proposed AD affects 11 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.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD                10 work-hours x $85 per               $0            $850          $9,350
 2018[dash]26[dash]07.                   hour = $850.
New proposed actions..................  12 work-hours x $85 per                *               *               *
                                         hour = $1,020.
----------------------------------------------------------------------------------------------------------------
* We have received no definitive data that would enable us to provide parts cost estimates for the replacement
  specified in this proposed AD.

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 and associated appliances 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

[[Page 26375]]

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 removing Airworthiness Directive (AD) 
2018-26-07, Amendment 39-19538 (83 FR 67677, December 31, 2018), and 
adding the following new AD:

Airbus SAS: Docket No. FAA-2019-0404; Product Identifier 2019-NM-
007-AD.

(a) Comments Due Date

    We must receive comments by July 22, 2019.

(b) Affected ADs

    This AD replaces AD 2018-26-07, Amendment 39-19538 (83 FR 67677, 
December 31, 2018) (``AD 2018-26-07'').

(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 and the determination that a one-time replacement of 
affected TRAs (all part numbers) is necessary. 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 inspection 
requirements of this AD: Where EASA AD 2018-0234R1 refers to its 
effective date, this AD requires using January 15, 2019 (the 
effective date of AD 2018-26-07).
    (2) For purposes of determining compliance with the TRA 
replacement requirements of this AD: Where EASA AD 2018-0234R1 
refers to its effective date, this AD requires using the effective 
date of this AD.
    (3) Where EASA AD 2018-0234R1 refers to the master minimum 
equipment list (MMEL), instead refer to the operator's minimum 
equipment list (MEL).
    (4) 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)(4) of this AD into the 
operator's MEL.
[GRAPHIC] [TIFF OMITTED] TP06JN19.004

    (5) The ``Remarks'' section of EASA AD 2018-0234R1 does not 
apply to this AD.
    (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

[[Page 26376]]

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)(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 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 2018-0234R1 that contains RC procedures and 
tests: Except as specified 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

    (1) For information about EASA AD 2018-0234R1, contact the 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 2018-0234R1 may be found in the AD docket on 
the internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2019-0404.
    (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; 
phone and fax: 206-231-3218.

    Issued in Des Moines, Washington, on May 28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-11785 Filed 6-5-19; 8:45 am]
 BILLING CODE 4910-13-P