    [Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
    [Rules and Regulations]
    [Pages 53156-53158]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2020-18936]

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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; Amendment
    39-21183; AD 2020-15-20]
    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 superseding Airworthiness Directive (AD) 2019-03-
    11, which applied to certain Airbus SAS Model A350-941 and -1041
    airplanes. AD 2019-03-11 required revising the existing maintenance or
    inspection program, as applicable, to incorporate new or more
    restrictive maintenance requirements and airworthiness limitations.
    This AD requires 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 is incorporated by reference. The FAA is
    issuing this AD to address the unsafe condition on these products.

    DATES: This AD is effective October 2, 2020.
        The Director of the Federal Register approved the incorporation by
    reference of a certain publication listed in this AD as of October 2,
    2020.
        The Director of the Federal Register approved the incorporation by
    reference of certain other publications listed in this AD as of March
    29, 2019 (84 FR 5584, February 22, 2019).

    ADDRESSES: For EASA material incorporated by reference (IBR) in this
    AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
    telephone +49 221 8999 000; email ADs@easa.europa.eu; internet
    www.easa.europa.eu. You may find this IBR material on the EASA website
    at https://ad.easa.europa.eu. For Airbus SAS service information
    identified in this final rule, contact Airbus SAS, Airworthiness
    Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex,
    France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email
    continued-airworthiness.a350@airbus.com; internet http://www.airbus.com. You may view this IBR material at the FAA,
    Airworthiness Products Section, Operational Safety 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 final rule, 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, Large Aircraft Section, International Validation Branch, FAA,
    2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
    3218; email kathleen.arrigotti@faa.gov.

    SUPPLEMENTARY INFORMATION:

    Discussion

        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.
        The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
    CFR part 39 to supersede AD 2019-03-11, Amendment 39-19563 (84 FR 5584,
    February 22, 2019) (``AD 2019-03-11''). AD 2019-03-11 applied to
    certain Airbus SAS Model A350-941 and -1041 airplanes. The NPRM
    published in the Federal Register on April 10, 2020 (85 FR 20206). The
    NPRM was prompted by a determination that new or more restrictive
    airworthiness limitations are necessary. The NPRM proposed to require
    revising the existing maintenance or inspection program, as applicable,
    to incorporate new or more restrictive airworthiness limitations, as
    specified in an EASA AD.
        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. See the MCAI for additional background information.

    Comments

        The FAA gave the public the opportunity to participate in
    developing this final rule. The FAA received no comments on the NPRM or
    on the determination of the cost to the public.

    Conclusion

        The FAA reviewed the relevant data 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 2019-0288 describes airworthiness limitations for
    certification maintenance requirements.
        This AD also requires 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).
        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:

    [[Page 53157]]

        The FAA estimates the total cost per operator for the retained
    actions from AD 2019-03-11 to be $7,650 (90 workhours 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 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

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

    2020-15-20 Airbus SAS: Amendment 39-21183; Docket No. FAA-2020-0217;
    Product Identifier 2019-NM-193-AD.

    (a) Effective Date

        This AD is effective October 2, 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

    [[Page 53158]]

    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,
    Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation
    Branch, send it to the attention of the person identified in
    paragraph (m) of this AD. Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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, Large Aircraft
    Section, International Validation 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

        For more information about this AD, contact Kathleen Arrigotti,
    Aerospace Engineer, Large Aircraft Section, International Validation
    Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
    and fax 206-231-3218; email kathleen.arrigotti@faa.gov.

    (n) 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.
        (3) The following service information was approved for IBR on
    October 2, 2020.
        (i) European Union Aviation Safety Agency (EASA) AD 2019-0288,
    dated November 28, 2019.
        (ii) [Reserved]
        (4) The following service information was approved for IBR on
    March 29, 2019 (84 FR 5584, February 22, 2019).
        (i) Airbus A350 Airworthiness Limitations Section (ALS) Part 3,
    Certification Maintenance Requirements (CMR), Revision 04, dated
    December 15, 2017.
        (ii) Airbus A350 ALS Part 3, Certification Maintenance
    Requirements (CMR), Variation 4.2, dated July 26, 2018.
        (5) For information about EASA AD 2019-0288, contact the EASA,
    Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
    8999 000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You
    may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
        (6) For information about Airbus SAS material, contact Airbus
    SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2,
    31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
    61 93 45 80; email continued-airworthiness.a350@airbus.com; internet
    http://www.airbus.com.
        (7) You may view this material at the FAA, Airworthiness
    Products Section, Operational Safety 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.
        (8) 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
    fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

        Issued on July 16, 2020.
    Lance T. Gant,
    Director, Compliance & Airworthiness Division, Aircraft Certification
    Service.
    [FR Doc. 2020-18936 Filed 8-27-20; 8:45 am]
    BILLING CODE 4910-13-P