[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Proposed Rules]
[Pages 20206-20208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07462]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0217; Product Identifier 2019-NM-193-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2019-03-11, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2019-03-11 requires revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive maintenance requirements and airworthiness 
limitations. Since AD 2019-03-11 was issued, the FAA has determined 
that new or more restrictive airworthiness limitations are necessary. 
This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which will be incorporated by 
reference. The FAA is proposing this AD to address the unsafe condition 
on these products.

DATES: The FAA must receive comments on this proposed AD by May 26, 
2020.

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 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be 
incorporated by reference (IBR), 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-2020-0217.

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-2020-
0217; 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 NPRM, 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; 
email [email protected].

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-2020-0217; 
Product Identifier 2019-NM-193-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    The FAA issued AD 2019-03-11, Amendment 39-19563 (84 FR 5584, 
February 22, 2019) (``AD 2019-03-11''), for certain Airbus SAS Model 
A350-941 and -1041 airplanes. AD 2019-03-11 requires revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive maintenance requirements and 
airworthiness limitations. The FAA issued AD 2019-03-11 to address 
safety-significant latent failures that would, in combination with one 
or more other specific failures or events, result in a hazardous or 
catastrophic failure condition.

Actions Since AD 2019-03-11 Was Issued

    Since AD 2019-03-11 was issued, the FAA has determined that new or 
more restrictive airworthiness limitations are necessary.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0288, dated November 28, 2019 
(``EASA AD 2019-0288'') (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. EASA 
AD 2019-0288 supersedes EASA AD 2018-0004, dated January 9, 2018; and 
EASA AD 2018-0179, dated August 23, 2018 (which corresponds to FAA AD 
2019-03-11).
    Airplanes with an original airworthiness certificate or original 
export certificate of airworthiness issued after August 20, 2019, must 
comply with the airworthiness limitations specified as part of the 
approved type design and referenced on the type certificate data sheet; 
this AD therefore does not include those airplanes in the 
applicability.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address safety-significant latent failures that 
would, in combination with one or more other specific failures or 
events, result in a hazardous or catastrophic failure condition. See 
the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0288 describes airworthiness limitations for 
certification maintenance requirements.
    This AD would also require Airbus A350 Airworthiness Limitations 
Section (ALS) Part 3, Certification Maintenance Requirements (CMR), 
Revision 04, dated December 15, 2017; and Airbus A350 ALS Part 3, 
Certification Maintenance Requirements (CMR), Variation 4.2, dated July 
26, 2018; which the Director of the Federal Register approved for 
incorporation by reference as of March 29, 2019 (84 FR 5584, February 
22, 2019).

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    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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to a bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is proposing this AD 
because the agency evaluated all pertinent information and determined 
an unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, which are specified in EASA AD 
2019-0288 described previously, as incorporated by reference. Any 
differences with EASA AD 2019-0288 are identified as exceptions in the 
regulatory text of this AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(l)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially 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. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2019-0288 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0288 in its 
entirety, through that incorporation, 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 2019-0288 that is required 
for compliance with EASA AD 2019-0288 will be available on the internet 
at https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0217 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c).

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:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2019-03-11 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
agency recognizes that this number may vary from operator to operator. 
In the past, the agency has estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate.
    The FAA estimates the total cost per operator for the new proposed 
actions to be $7,650 (90 work-hours x $85 per work-hour).

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

    The FAA 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:

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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) 
2019-03-11, Amendment 39-19563 (84 FR 5584, February 22, 2019), and 
adding the following new AD:

Airbus SAS: Docket No. FAA-2020-0217; Product Identifier 2019-NM-
193-AD.

(a) Comments Due Date

    The FAA must receive comments by May 26, 2020.

(b) Affected ADs

    This AD replaces AD 2019-03-11, Amendment 39-19563 (84 FR 5584, 
February 22, 2019) (``AD 2019-03-11'').

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before August 20, 2019.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address safety-significant latent failures that 
would, in combination with one or more other specific failures or 
events, result in a hazardous or catastrophic failure condition.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2019-03-11, with no changes. Within 90 days after March 29, 2019 
(the effective date of AD 2019-03-11), revise the existing 
maintenance or inspection program, as applicable, to incorporate 
Airbus A350 Airworthiness Limitations Section (ALS) Part 3, 
Certification Maintenance Requirements (CMR), Revision 04, dated 
December 15, 2017, as supplemented by Airbus A350 ALS Part 3, 
Certification Maintenance Requirements (CMR), Variation 4.2, dated 
July 26, 2018. The initial compliance time for accomplishing the 
actions is at the applicable times specified in Airbus A350 
Airworthiness Limitations Section (ALS) Part 3, Certification 
Maintenance Requirements (CMR), Revision 04, dated December 15, 
2017, as supplemented by Airbus A350 ALS Part 3, Certification 
Maintenance Requirements (CMR), Variation 4.2, dated July 26, 2018; 
or within 90 days after March 29, 2019; whichever occurs later.

(h) Retained No Alternative Actions or Intervals, With a New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2019-03-11, with a new exception. Except as required by paragraph 
(i) of this AD, after the existing maintenance or inspection program 
has been revised as required by paragraph (g) of this AD, no 
alternative actions (e.g., inspections) or intervals, may be used 
unless the actions or intervals are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (l)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2019-0288, dated November 28, 2019 (``EASA AD 2019-0288''). 
Accomplishing the maintenance or inspection program revision 
required by this paragraph terminates the requirements of paragraph 
(g) of this AD.

(j) Exceptions to EASA AD 2019-0288

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2019-0288 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2019-0288 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, to incorporate the ``maintenance tasks and associated 
thresholds and intervals'' specified in paragraph (3) of EASA AD 
2019-0288 within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2019-0288 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2019-0288, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2019-0288 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2019-0288 does not apply 
to this AD.

(k) New Provisions for Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (i) of this AD, no alternative actions (e.g., 
inspections) or intervals are allowed unless they are approved as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2019-0288.

(l) 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 (m)(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 2019-0288 that contains RC procedures and 
tests: Except as required by paragraph (l)(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.

(m) Related Information

    (1) For information about EASA AD 2019-0288, 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 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-2020-0217.
    (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; email [email protected].

    Issued on April 3, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-07462 Filed 4-9-20; 8:45 am]
 BILLING CODE 4910-13-P