[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 [email protected]; 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 
[email protected]; 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 [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0288, 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: [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, 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 [email protected].

(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 [email protected]; 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 [email protected]; 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 
[email protected], 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