[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Proposed Rules]
[Pages 60003-60007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21880]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0016; Product Identifier 2018-NM-168-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: The FAA is revising an earlier proposal for all Airbus SAS 
Model A350-941 and -1041 airplanes. This action revises the notice of 
proposed rulemaking (NPRM) by including additional part numbers that 
are affected by the unsafe condition. The FAA is proposing this 
airworthiness directive (AD) to address the unsafe condition on these 
products. Since these actions would impose an additional burden over 
those in the NPRM, the

[[Page 60004]]

FAA is reopening the comment period to allow the public the chance to 
comment on these changes.

DATES: The comment period for the NPRM published in the Federal 
Register on February 22, 2019 (84 FR 5611), is reopened.
    The FAA must receive comments on this SNPRM by December 23, 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 https://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, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For the material identified in this SNPRM that will be incorporated 
by reference (IBR), contact the European Union 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0016.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0016; 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 SNPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations 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:

Comments Invited

    The FAA invites 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-2019-0016; 
Product Identifier 2018-NM-168-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this SNPRM. The FAA will 
consider all comments received by the closing date and may amend this 
SNPRM based on those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this SNPRM.

Discussion

    The FAA issued an 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 February 22, 2019 (84 FR 
5611). The NPRM was prompted by reports of loss of retention of the 
regulator inlet filter retainer on certain crew oxygen cylinder 
assemblies. The NPRM proposed to require an operational check of the 
crew oxygen cylinder assembly, replacement of an affected assembly, and 
eventual replacement of all affected assemblies with redesigned 
serviceable assemblies.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, the agency has determined that loose 
regulator inlet filter retainers also exist on redesigned oxygen 
cylinders having part number (P/N) 4441227-058-001. In the NPRM, P/N 
4441227-058-001 was specified as the replacement part to be installed 
after an affected part was removed. This SNPRM expands the scope of the 
NPRM by including oxygen cylinders having P/N 4441227-058-001 as 
affected parts that need to be inspected and, depending on findings, 
replaced.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0168, dated July 16, 2019 
(``EASA AD 2019-0168'') (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 and -1041 airplanes. 
The FAA is issuing this AD to address loss of retention of the 
regulator inlet filter retainer on certain crew oxygen cylinder 
assemblies. This condition could lead to particle ingestion into the 
regulator during ground handling, possibly resulting in ignition/fire 
during system ground operational testing following crew oxygen cylinder 
(re)installation on an airplane. See the MCAI for additional background 
information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0168 describes procedures for an inspection of the 
crew oxygen cylinder assembly for any discrepancy (a loose part making 
a sound during agitation of the cylinder) and replacement of an 
affected crew oxygen cylinder assembly with a serviceable part.
    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.

Comments

    The FAA gave the public the opportunity to participate in 
developing this proposed AD. The FAA considered the comments received. 
The Air Line Pilots Association, International (ALPA) expressed support 
for the NPRM.

Request To Clarify Mandatory Actions

    Delta Air Lines (DAL) requested clarification regarding which 
actions described in Airbus All Operators Transmission (AOT) A35P010-
17, Revision 00, dated December 20, 2017 (``Airbus AOT A35P010-17, 
Revision 00''), and the associated vendor service bulletins, are 
required for compliance with the requirements of the proposed AD (in 
the NPRM). The commenter stated that Airbus AOT A35P010-17, Revision 
00, is not written in the traditional service bulletin format, and 
suggested that the intent of the proposed AD (in the NPRM) is for 
operators to comply with only section 4.2.2, Inspection Requirements, 
of Airbus AOT A35P010-17, Revision 00. The commenter reasoned that all 
other aspects and parts of Airbus AOT A35P010-17, Revision 00, are 
unrelated to the unsafe condition and are for operator reference and 
logistics information. Specifically, the commenter requested that 
paragraph (h) of the proposed AD (in the NPRM) be revised to include a 
paragraph (h)(3) which would state that ``Where the

[[Page 60005]]

EASA AD states accomplishment of a task `in accordance with the 
instructions of the AOT'', an operator may use alternative approved 
procedures. The AOT and Vendor SB can be referred to for accepted 
procedures to comply with the mandated tasks.'' The commenter advised 
that the proposed AD (in the NPRM) would mandate procedures that are 
not related to airworthiness, such as returning affected parts to 
Rockwell Collins and reporting the inspection results to Airbus 
Customer Service.
    The FAA agrees to clarify which actions described in the AOT would 
be required by this proposed AD. Since the NPRM was published, EASA has 
issued AD 2019-0168, and the FAA has revised this proposed AD to refer 
to EASA AD 2019-0168. EASA AD 2019-0168 refers to Airbus AOT A35P010-
17, Revision 00; and Airbus AOT A35P010-17, Revision 01, dated April 
11, 2019 (``AOT A35P010-17, Revision 01''). The FAA has revised 
paragraph (h) of this proposed AD to include paragraph (h)(3) to state 
that the language in paragraph (2) of EASA AD 2019-0168 that states 
``the instructions of the AOT'' should be replaced with ``paragraph 
4.2.2., Inspection Requirements, of the AOT.''
    In regard to the reporting requirement, paragraph (i) of the 
proposed AD (in the NPRM) states that although EASA AD 2018-0245R1 
specifies to submit certain information to the manufacturer that action 
would not be required. Because EASA AD 2018-0245R1 was superseded by 
EASA AD 2019-0168, the FAA has revised paragraph (i) of this proposed 
AD to refer to EASA AD 2019-0168. In addition, the FAA has added 
paragraph (j) to this proposed AD to clarify that returning affected 
parts to the manufacturer is not required, and redesignated the 
subsequent paragraphs accordingly.
    The FAA does not agree with the commenter's request to revise 
paragraph (h) of this proposed AD to allow operators to use alternative 
approved procedures to comply with the proposed requirements. Any 
request for an Alternative Method of Compliance (AMOC) must be done in 
accordance with paragraph (k)(1) of this proposed AD. The FAA has not 
revised this proposed AD in regard to this issue.

Request To Refer to Vendor Service Bulletins

    DAL requested that the NPRM be revised to include a reference to 
Rockwell Collins (formerly B/E Aerospace) Vendor Service Bulletin (VSB) 
4441227-35-003, and to allow operators to use the applicable Rockwell 
Collins VSB for inspection procedures. The commenter noted that there 
is an error in Rockwell Collins VSB 4441227-35-003, because it refers 
to a modification Rockwell Collins VSB for instructions on how to 
replace an affected crew oxygen cylinder assembly, but that service 
information does not contain replacement instructions.
    The FAA does not find it necessary to reference VSB 4441227-35-003 
in this proposed AD because it is already referenced in Airbus AOT 
A35P010-17, Revision 01, for the required inspection. The FAA notes 
that EASA AD 2019-0168 refers to Airbus AOT A35P010-17, Revision 01, as 
the primary source of service information for operators to use for 
procedures to address the unsafe condition. AOT A35P010-17, Revision 
01, includes updated inspection procedures that are acceptable for 
compliance.
    The FAA acknowledges the commenter's observation that there is an 
error in certain revisions of Rockwell Collins VSB 4441227-35-003 
regarding certain other Rockwell Collins VSB numbers. Airbus AOT 
A35P010-17, Revision 01, references Maintenance Planning (MP) Task 
A350-A-35-11-56-00001-520A-A for removal of affected crew oxygen 
cylinder assemblies and MP Task A350-A-35-11-56-00001-720A-A for 
installation of crew oxygen cylinder assemblies. Therefore, the 
Rockwell Collins VSBs are not required to accomplish actions involving 
removal and installation of crew oxygen cylinder assemblies. If needed, 
operators may request an AMOC for the required actions in this proposed 
AD, using the procedures specified in paragraph (k)(1) of this proposed 
AD. The FAA has not revised this proposed AD in regard to this issue.

Request To Allow Any Revision Level of Service Information

    DAL stated that Airbus AOT A35P010-17, Revision 00, did not refer 
to specific revision levels for the Rockwell Collins VSBs. Therefore, 
it assumed that any approved version was acceptable for operators to 
use for inspection procedures.
    The FAA infers that the commenter is requesting clarification 
regarding revision levels of the Rockwell Collins VSBs for inspection 
procedures. Since AOT A35P010-17, Revision 01, does not specify a 
revision level for the Rockwell Collins VSBs, any revision is 
acceptable for compliance with the applicable requirements of this 
proposed AD. The FAA has not revised this proposed AD in regard to this 
issue.

Request for Clarification of Terminology

    DAL requested that the proposed AD (in the NPRM) be revised to 
state that operators should do an inspection for loose retainer 
assemblies in the affected crew oxygen cylinder assemblies instead of 
an operational check. The commenter noted that ``operational check'' is 
used in EASA AD 2018-0245R1 (which is the MCAI referred to in the NPRM) 
but ``inspection'' is used in Airbus AOT A35P010-17, Revision 00, and 
the associated Rockwell Collins VSBs.
    The FAA agrees to clarify. The referenced terminology has been 
revised in EASA AD 2019-0168, which refers to an ``inspection'' instead 
of an ``operational check.'' This terminology is now consistent among 
EASA AD 2019-0168, this proposed AD, Airbus AOT A35P010-17, Revision 
01, and the associated Rockwell Collins VSBs. The FAA has revised the 
``Related Service Information under 1 CFR part 51'' section of this 
proposed AD to clarify this information.

Request for Clarification of Airplane Groups

    DAL requested that the proposed AD (in the NPRM) be revised to 
include instructions to operators stating that by removing an affected 
crew oxygen cylinder assembly an airplane can move from Group 1 to 
Group 2 for the purposes of compliance with the proposed AD (in the 
NPRM). The commenter stated that EASA AD 2018-0245R1 (referred to as 
the MCAI in the NPRM) identified a Group 1 airplane as an airplane that 
has an affected crew oxygen cylinder assembly installed and that by 
removing an affected crew oxygen cylinder assembly the airplane would 
then be identified as a Group 2 airplane. The commenter stated that the 
only compliance method would be to ensure an affected crew oxygen 
cylinder assembly is not reinstalled on that airplane so it can remain 
a Group 2 airplane. The commenter stated that this could create 
confusion for operators regarding which proposed requirements specified 
in the proposed AD (in the NPRM) would apply to a given airplane. The 
commenter also stated that operators could become confused regarding 
what is required to maintain compliance with the requirements in the 
proposed AD (in the NPRM) and how to report compliance.
    The FAA agrees to clarify. As stated previously, the FAA has 
revised this proposed AD to refer to EASA AD 2019-0168, which addresses 
this issue by removing the definitions of the airplane

[[Page 60006]]

groups and allowing the installation of an affected crew oxygen 
cylinder assembly on any airplane, provided it is a serviceable part as 
defined in EASA AD 2019-0168. The FAA has not revised this proposed AD 
in regard to this issue.

Proposed Requirements of This SNPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0168 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.
    Certain changes described above expand the scope of the NPRM. As a 
result, the FAA has determined that it is necessary to reopen the 
comment period to provide additional opportunity for the public to 
comment on this SNPRM.

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 2019-0168 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2019-0168, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in the EASA AD. Service information specified 
in EASA AD 2019-0168 that is required for compliance with EASA AD 2019-
0168 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2019-0016 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 13 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
172 work-hours x $85 per hour = $14,620......................          $6,940          $21,560         $280,280
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition replacements 
specified in this proposed AD.
    According to the manufacturer, some or all of the costs of this 
proposed 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 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.
    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 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

    The FAA has determined that this proposed AD would not have 
federalism implications under Executive Order 13132. This proposed AD 
would 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 this proposed 
regulation:
    (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.

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 adding the following new airworthiness 
directive (AD):

Airbus SAS: Docket No. FAA-2019-0016; Product Identifier 2018-NM-
168-AD.

(a) Comments Due Date

    The FAA must receive comments by December 23, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category.

[[Page 60007]]

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by reports of loss of retention of the 
regulator inlet filter retainer on certain crew oxygen cylinder 
assemblies. The FAA is issuing this AD to address loss of retention 
of the regulator inlet filter retainer on certain crew oxygen 
cylinder assemblies. This condition could lead to particle ingestion 
into the regulator during ground handling, possibly resulting in 
ignition/fire during system ground operational testing following 
crew oxygen cylinder (re)installation on an 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 Union Aviation Safety Agency (EASA) AD 
2019-0168, dated July 16, 2019 (``EASA AD 2019-0168'').

(h) Exceptions to EASA AD 2019-0168

    (1) Where EASA AD 2019-0168 refers to its effective date this AD 
requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0168 does not apply 
to this AD.
    (3) Replace the language in paragraph (2) of EASA AD 2019-0168 
that states ``the instructions of the AOT'' with ``paragraph 4.2.2., 
Inspection Requirements, of the AOT.''

(i) No Reporting Required

    Although the service information referenced in EASA AD 2019-0168 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) No Return of Parts Required

    Although the service information referenced in EASA AD 2019-0168 
specifies to return affected parts to the manufacturer, this AD does 
not include that requirement.

(k) 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 (l)(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 2019-0168 that contains RC procedures and 
tests: Except as required by paragraph (k)(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.

(l) Related Information

    (1) For information about EASA AD 2019-0168, 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 2019-0168 may be found in the AD docket on the 
internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2019-0016.
    (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.

    Issued in Des Moines, Washington, on September 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-21880 Filed 11-6-19; 8:45 am]
 BILLING CODE 4910-13-P