[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Rules and Regulations]
[Pages 27506-27508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12352]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0405; Product Identifier 2019-NM-003-AD; Amendment
39-19647; AD 2019-11-01]
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 superseding Airworthiness Directive (AD) 2018-25-12,
which applied to certain Airbus SAS Model A350-941 airplanes. AD 2018-
25-12 required modifying the vertical tail plane (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. Since we issued AD 2018-25-12, it was determined that the
instructions for certain airplanes are unclear for proper
accomplishment of the required modification. This AD, for certain
airplanes, requires accomplishing a revised modification and, for
certain other airplanes, retains the modification required by AD 2018-
25-12, as specified in an European Aviation Safety Agency (EASA) AD,
which will be incorporated by reference. We are issuing this AD to
address the unsafe condition on these products.
DATES: This AD becomes effective June 28, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 28,
2019.
We must receive comments on this AD by July 29, 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 incorporated by reference (IBR) in this AD,
contact the EASA, at 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-
0405; 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 (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; telephone and fax 206-231-3218.
SUPPLEMENTARY INFORMATION:
Discussion
We issued AD 2018-25-12, Amendment 39-19523 (83 FR 64230, December
14, 2018) (``AD 2018-25-12''), which applied to certain Airbus SAS
Model A350-941 airplanes. AD 2018-25-12 required 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. AD 2018-25-12 resulted from a determination that
certain holes for the VTP tension bolts connection are not properly
protected against corrosion. We issued AD 2018-25-12 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.
Actions Since AD 2018-25-12 Was Issued
Since we issued AD 2018-25-12, it was determined that the
instructions for certain airplanes (Group 2 airplanes as identified in
the EASA AD identified below), are unclear for proper accomplishment of
the required modification.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0290, dated December 21, 2018
(``EASA AD 2018-0290'') (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.
To address this unsafe condition, Airbus developed production
mod 108307 and mod 110696 to improve protection against corrosion,
and issued the SB [service bulletin] to provide in-service
modification instructions. Consequently, EASA issued AD 2018-0045
[which corresponds to FAA 2018-25-12] to require 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.
Since that [EASA] AD was issued, it was identified that the
instructions for Group 2 aeroplanes, as identified in the SB, were
not clear enough for proper accomplishment. Consequently, Airbus
published Revision 01 of the SB to clarify those instructions for
Group 2 aeroplanes.
For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2018-0045, which is superseded, and
requires, for Group 2 aeroplanes, accomplishment of the modification
in accordance with the instructions of Revision 01 of the SB.
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-2019-
0405.
Explanation of Retained Requirements
Although this AD does not explicitly restate the requirements of AD
2018-25-12, this AD retains certain requirements of AD 2018-25-12 with
clarified instructions. Those requirements are referenced in EASA AD
2018-0290, which, in turn, is referenced in paragraph (g) of this AD.
[[Page 27507]]
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0290 describes procedures for implementing the means
to protect the section 19 VTP frames connections (by 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.
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.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2018-0290 described previously, through the incorporation by reference
of EASA AD 2018-0290, except for any differences identified as
exceptions in the regulatory text of this AD.
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 2018-0290 is incorporated by reference in the FAA final rule.
This AD, therefore, requires compliance with the provisions specified
in EASA AD 2018-0290, except for any differences identified as
exceptions in the regulatory text of this AD. Service information
specified in EASA AD 2018-0290 that is required for compliance with
EASA AD 2018-0290 is available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0405.
FAA's Justification and Determination of the Effective Date
Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary. In addition, for the reasons 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-2019-0405; Product
Identifier 2019-NM-003-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
Currently, there are no U.S.-registered airplanes. If an affected
airplane is imported and placed on the U.S. Register in the future, we
provide the following cost estimates to comply with this AD:
Estimated Costs for Required Actions
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Cost per
Labor cost Parts cost product
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48 work-hour x $85 per hour = $4,080.. $9,200 $13,280
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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
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 27508]]
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 removing Airworthiness Directive (AD)
2018-25-12, Amendment 39-19523 (83 FR 64230, December 14, 2018), and
adding the following new AD:
2019-11-01 Airbus SAS: Amendment 39-19647; Docket No. FAA-2019-0405;
Product Identifier 2019-NM-003-AD.
(a) Effective Date
This AD becomes effective June 28, 2019.
(b) Affected ADs
This AD replaces AD 2018-25-12, Amendment 39-19523 (83 FR 64230,
December 14, 2018) (``AD 2018-25-12'').
(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 2018-0290, dated December 21, 2018 (``EASA
AD 2018-0290'').
(d) Subject
Air Transport Association (ATA) of America Code 55, Stabilizers.
(e) Reason
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. 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 in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2018-0290.
(h) Exceptions to EASA AD 2018-0290
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2018-0290 refers to its effective date,
this AD requires using the effective date of this AD.
(2) Where EASA AD 2018-0290 refers to a compliance time after
March 1, 2018, this AD requires using January 18, 2019 (the
effective date of AD 2018-25-12).
(3) The ``Remarks'' section of EASA AD 2018-0290 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): For any service information
referenced in EASA AD 2018-0290 that contains RC procedures and
tests: Except as required by paragraph (i)(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.
(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 2018-0290, dated
December 21, 2018.
(ii) [Reserved]
(3) For EASA AD 2018-0290, 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.
(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
2018-0290 may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0405.
(5) You may view this material 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 May 29, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-12352 Filed 6-12-19; 8:45 am]
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