[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6757-6759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02198]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0721; Product Identifier 2019-NM-150-AD; Amendment 
39-19828; AD 2020-02-14]
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: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was 
prompted by a report indicating that during inspection of the 
installation of oxygen containers, certain fasteners of the oxygen 
containers and adjacent panels in the passenger supply channels (PSCs) 
were found damaged or unlocked, which could result in insufficient 
clearance between the oxygen container and adjacent panels. This AD 
requires a one-time inspection of the oxygen containers and adjacent 
panels and applicable corrective actions, as specified in a European 
Union 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 March 12, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 12, 
2020.

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 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0721.

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-
0721; 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; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0210, dated August 26, 2019 
(``EASA AD 2019-0210'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain 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 certain Airbus SAS 
Model A350-941 and -1041 airplanes. The NPRM published in the Federal 
Register on October 30, 2019 (84 FR 58060). The NPRM was prompted by a 
report indicating that during inspection of the installation of oxygen 
containers on the production line, certain fasteners of oxygen 
containers and adjacent panels in the PSCs were found damaged or 
unlocked; unlocked fasteners could

[[Page 6758]]

move on the rails, which could result in insufficient clearance between 
the oxygen container and adjacent panels. The NPRM proposed to require 
a one-time inspection of the oxygen containers and adjacent panels and 
applicable corrective actions. The FAA is issuing this AD to address 
this condition, which could prevent the opening of the oxygen 
containers and result in failure of the oxygen masks to deploy and 
provide supplemental oxygen in case of an in-flight decompression, 
possibly resulting in injury to cabin occupants. 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 comment received 
on the NPRM and the FAA's response to that comment.

Request To Extend Compliance Time

    Delta Air Lines, Inc., (Delta) asked that the compliance time for 
the inspection specified in the proposed AD be extended to 5, 6, or 7 
months, in lieu of 4 months, in order to align with the 5-month 
compliance time specified in Airbus Alert Operators Transmission (AOT) 
A35P015-19, Revision 01, dated June 19, 2019. Delta stated that this 
would allow extra planning time to properly schedule the inspection for 
the affected fleet at suitable maintenance stations, and to obtain the 
correct amount of contingency parts (locking fasteners) to correct any 
discrepancies found. Delta also stated that Airbus or its supplier may 
be unable to provide all the required parts in such a short compliance 
time; but the actual fallout rate remains unknown. Delta added that the 
quantity of parts required is critical for accomplishing any necessary 
corrective action. Delta noted that if the corrective action cannot be 
accomplished before further flight, as required by EASA AD 2019-0210, 
operators could be forced to ground airplanes until the parts are 
available, causing an undue burden on customers.
    The FAA does not agree with the commenter's request to extend the 
compliance time. The FAA has determined that the 4-month compliance 
time identified in EASA AD 2019-0210 addresses the identified unsafe 
condition in a timely manner. In developing an appropriate compliance 
time for this AD, the FAA considered the degree of urgency associated 
with addressing the subject unsafe condition, the average utilization 
of the affected fleet, and the time necessary to perform the 
inspection. In light of all of these factors, the FAA finds the 
compliance times specified in EASA AD 2019-0210, represents an 
appropriate interval of time for affected airplanes to continue to 
operate without compromising safety. However, under the provisions of 
paragraph (j) of this AD, the FAA will consider requests for approval 
of an extension of the compliance time if sufficient data are submitted 
to substantiate that the new compliance time would provide an 
acceptable level of safety. The AD has not been changed in this regard.

Conclusion

    The FAA 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. 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 2019-0210 describes procedures for inspecting the oxygen 
containers and the installation of adjacent panels located in all PSCs, 
to check that each fastener of each panel/component is locked and to 
measure the clearance between the oxygen container door lid and the 
adjacent panel/component. EASA AD 2019-0210 also describes procedures 
for applicable corrective actions, including attaining minimum 
clearance, locking any unlocked fasteners, and replacing damaged parts.
    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 11 airplanes of U.S. 
registry. The agency estimates the following costs to comply with this 
AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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4 work-hours x $85 per hour = $340...........................              $0             $340           $3,740
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    The FAA estimates the following costs to do any necessary 
corrective action that would be required based on the results of the 
inspection. The agency has no way of determining the number of aircraft 
that might need this corrective action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
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1 work-hour x $85 per hour = $85......              $0              $85
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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

[[Page 6759]]

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.

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):

2020-02-14 Airbus SAS: Amendment 39-19828; Docket No. FAA-2019-0721; 
Product Identifier 2019-NM-150-AD.

(a) Effective Date

    This AD is effective March 12, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2019-0210, dated August 26, 
2019 (``EASA AD 2019-0210'').

(d) Subject

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

(e) Reason

    This AD was prompted by a report that during inspection of the 
installation of oxygen containers, certain fasteners of the oxygen 
containers and adjacent panels in the passenger supply channels 
(PSCs) were found damaged or unlocked; which could result in 
insufficient clearance between the oxygen container and adjacent 
panels. The FAA is issuing this AD to address this condition, which 
could prevent the opening of the oxygen containers and result in 
failure of the oxygen masks to deploy and provide supplemental 
oxygen in case of an in-flight decompression, possibly resulting in 
injury to cabin occupants.

(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 2019-0210.

(h) Exceptions to EASA AD 2019-0210

    (1) Where EASA AD 2019-0210 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0210 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0210 
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 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) 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 2019-0210 that contains RC procedures and 
tests: 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

    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; email [email protected].

(l) 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 Union Aviation Safety Agency (EASA) AD 2019-0210, 
dated August 26, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0210, 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. This 
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0721.
    (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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 23, 2020.
Gaetano A. Sciortino,
 Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-02198 Filed 2-5-20; 8:45 am]
 BILLING CODE 4910-13-P