[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11282-11284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03968]



[[Page 11282]]

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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; Amendment 
39-19839; AD 2020-03-14]
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 all 
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by 
reports of loss of retention of the regulator inlet filter retainer on 
certain crew oxygen cylinder assemblies. This AD requires an inspection 
of the crew oxygen cylinder assembly for any discrepancy and 
replacement of an affected crew oxygen cylinder assembly with a 
serviceable part, 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 April 2, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 2, 
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-2019-0016.

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 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 2019-0168, dated July 16, 2019 
(``EASA AD 2019-0168'') (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 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.
    The FAA issued a supplemental NPRM (SNPRM) to amend 14 CFR part 39 
by adding an AD that would apply to all Airbus SAS Model A350-941 and -
1041 airplanes. The SNPRM published in the Federal Register on November 
7, 2019 (84 FR 60003). The FAA issued the SNPRM to include additional 
part numbers that are affected by the unsafe condition.
    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. 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 SNPRM and the FAA's response to each comment.

Support for the SNPRM

    The Air Line Pilots Association, International (ALPA) expressed 
support for the SNPRM.

Request To Exclude Requirement To Inspect On-Wing Oxygen Cylinders

    Delta Air Lines (DAL) requested the removal of the proposed 
requirement (in the SNPRM) that on-wing oxygen cylinders be removed and 
inspected within 6 months of the effective date of the proposed AD. DAL 
noted that paragraph (1) of EASA AD 2019-0168 implies that all affected 
cylinders need to be inspected, including on-wing units, but paragraph 
3.2 of Airbus Alert Operators Transmission A35P0110-17, Rev. 01, dated 
April 11, 2019, states that there is no consequence from the loose 
filter retainer condition on the crew oxygen system function during 
flight. DAL stated that it does not agree that on-wing oxygen cylinders 
need to be removed and inspected within the 6-month compliance time 
specified in the proposed AD if there are no consequences of failure 
during flight.
    The FAA disagrees with the commenter's request. EASA has confirmed 
that the oxygen system may fail due to improper cylinder installation 
on-wing. Therefore, the FAA has determined the actions specified in 
this AD are necessary to address the identified unsafe condition.
    Note that this AD does not require inspecting spare (off-wing) 
oxygen cylinders. Paragraph (3) of EASA AD 2019-0168 prevents the 
installation of the non-serviceable parts, which will address any spare 
oxygen cylinders. The FAA has added paragraph (h)(4) to this AD to 
clarify that the inspection required by this AD is only for on-wing 
oxygen cylinder assemblies.

Request To Correct Omission in Paragraph (h)(3)

    DAL requested that paragraph (h)(3) of the proposed AD (in the 
SNPRM) be revised to include a reference to paragraph (1) of EASA AD 
2019-0168. The commenter suggested that paragraph (h)(3) should state 
``Replace the language in paragraphs (1 and 2) of EASA AD 2019-0168 . . 
. .'' The commenter did not provide justification for this request.
    The FAA agrees with the commenter's request because in paragraph 
(h)(3) of the proposed AD (in the SNPRM) the reference to paragraph (1) 
of EASA AD 2019-0168 was inadvertently omitted.

[[Page 11283]]

We have revised paragraph (h)(3) of this AD to refer to paragraphs (1) 
and (2) of EASA AD 2019-0168.

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 with the changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
SNPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

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. 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 13 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
----------------------------------------------------------------------------------------------------------------
172 work-hours x $85 per hour = $14,620......................          $6,940          $21,560         $280,280
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that will enable the agency 
to provide cost estimates for the on-condition replacements 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 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.

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):

AD 2020-03-14 Airbus SAS: Amendment 39-19839; Docket No. FAA-2019-
0016; Product Identifier 2018-NM-168-AD.

(a) Effective Date

    This AD is effective April 2, 2020.

(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 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.

(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) Where paragraphs (1) and (2) of EASA AD 2019-0168 state 
``the instructions of the

[[Page 11284]]

AOT,'' replace that language with ``paragraph 4.2.2., Inspection 
Requirements, of the AOT.''
    (4) Where paragraph (1) of EASA AD 2019-0168 specifies to 
``inspect each affected part,'' this AD requires a one-time 
inspection of any ``affected part'' that is installed on-wing.

(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) 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

    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].

(m) 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 2019-0168, 
dated July 16, 2019.
    (ii) [Reserved]
    (3) 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.
    (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-
2019-0016.
    (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 February 7, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-03968 Filed 2-26-20; 8:45 am]
 BILLING CODE 4910-13-P