[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Rules and Regulations]
[Pages 54490-54492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22131]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0194; Product Identifier 2019-NM-009-AD; Amendment 
39-19750; AD 2019-19-14]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by 
reports of cracks within the ring gears of a slat geared rotary 
actuator (SGRA) resulting from a change in the raw material 
manufacturing process. This AD requires replacement of affected parts 
with serviceable parts, as specified in a European Aviation Safety 
Agency (EASA) AD, which is incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective November 14, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 14, 
2019.

ADDRESSES: For the material incorporated by reference (IBR) in this AD, 
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 by searching for and locating Docket No. 
FAA-2019-0194.

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-
0194; 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 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

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0020, dated January 31, 2019 
(``EASA AD 2019-0020'') (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 FAA 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 and -1041 airplanes. The NPRM published in the Federal 
Register on April 9, 2019 (84 FR 14038). The NPRM was prompted by 
reports of cracks within the ring gears of an SGRA resulting from a 
change in the raw material manufacturing process. The NPRM proposed to 
require replacement of affected parts with serviceable parts.
    The FAA is issuing this AD to address cracking of SGRA ring gears. 
This condition, if not detected and corrected, could, in combination 
with an independent failure on the second SGRA of the same slat 
surface, lead to detachment of the slat surface, possibly resulting in 
reduced control of the airplane and injury to persons on the ground. 
See the MCAI for additional background information.

Comments

    The FAA 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

    The Air Line Pilots Association, International; Stephanie Lok; and 
an anonymous commenter indicated their support for the NPRM.

Request To Clarify Requirements for Group 1 Airplanes

    Delta Air Lines (Delta) requested that a statement be added to 
paragraph (g) of this AD to clarify that the installation of affected 
parts was prohibited for Group 1 airplanes before 15,000 flight hours. 
Delta asserted that the AD could be interpreted as allowing the 
installation of affected parts on those airplanes during that time 
period.
    The FAA does not agree that an additional statement to paragraph 
(g) of this AD is necessary. The FAA has confirmed with EASA that since 
the safety assessment was performed on the life of the airplane and not 
the life of the affected part, a restriction to limit the affected 
parts prior to 15,000 flight hours is not necessary. Therefore, the 
commenter's interpretation that installation of affected parts could be 
allowed prior to 15,000 flight hours is correct. This AD has not been 
changed in this regard.

Request To Modify Serial Number Table

    Delta requested that the serial numbers of final assembly line 
units be removed from Table 1 of certain Liebherr service information 
instead of noting that they are to be excluded.
    The FAA does not agree with the commenter's request. Although the 
proposal may provide a more straightforward presentation of the serial 
numbers, obtaining new service information with revised serial number 
tables from the manufacturer would delay publication of this AD. This 
delay would be inappropriate since the FAA has determined that an 
unsafe condition exists and that the required actions must be 
accomplished to ensure continued safety. The FAA also has determined 
that the serial number table in the Liebherr service information 
provides the information necessary to comply with this AD. Therefore, 
this AD has not been changed in this regard.

[[Page 54491]]

Request To Clarify Location of Identification Mark

    Delta requested that certain Airbus service information be updated 
to clarify the location of a certain marking on the identification 
plate. Delta noted that the Liebherr service information refers to the 
specified marking, but does not show the marking's location, while the 
Airbus service information does not refer to the marking at all.
    The FAA disagrees with obtaining revised service information 
because it would delay publication of this AD, which would be 
inappropriate for the reasons stated previously. However, the FAA 
agrees to clarify the location of the specified marking on the 
identification plate. The FAA has confirmed with EASA that the marking 
will be on both ``A'' faces of the identification plate, as depicted in 
Figure 1 of the Liebherr service information. This AD has not been 
changed in this regard.

Conclusion

    The FAA 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. The FAA has 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 2019-0020 describes procedures for replacing the affected 
SGRAs. 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.

Costs of Compliance

    The FAA estimates that this AD affects 12 airplanes of U.S. 
registry. The FAA estimates 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
----------------------------------------------------------------------------------------------------------------
25 work-hours x $85 per hour = $2,125........................           (*) $         * $2,125        * $25,500
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency to provide cost estimates for the parts
  specified in this AD.

    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. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the 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.
    The FAA is 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) Will not affect intrastate aviation in Alaska, and
    (3) 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):

2019-19-14 Airbus SAS: Amendment 39-19750; Docket No. FAA-2019-0194; 
Product Identifier 2019-NM-009-AD.

(a) Effective Date

    This AD is effective November 14, 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 27, Flight 
controls.

(e) Reason

    This AD was prompted by reports of cracks within the ring gears 
of a slat geared rotary actuator (SGRA), resulting from a change in 
the raw material manufacturing process. The FAA is issuing this AD 
to address cracking of SGRA ring gears. This condition, if not 
detected and corrected, could, in combination with an independent 
failure on the second SGRA of the same slat surface, lead to 
detachment of the slat surface, possibly resulting in reduced 
control of the airplane and injury to persons on the ground.

[[Page 54492]]

(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 2019-
0020, dated January 31, 2019 (``EASA AD 2019-0020'').

(h) Exceptions to EASA AD 2019-0020

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0020 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0020 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 2019-0020 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 2019-0020, dated 
January 31, 2019.
    (ii) [Reserved]
    (3) For EASA AD 2019-0020, 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 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. EASA AD 
2019-0020 may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0194.
    (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, email 
[email protected], or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on September 23, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-22131 Filed 10-9-19; 8:45 am]
 BILLING CODE 4910-13-P