[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Rules and Regulations]
[Pages 54896-54900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19386]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0783; Project Identifier MCAI-2020-01026-T; 
Amendment 39-21225; AD 2020-18-04]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

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 
a report of a slat system jam during landing. This AD requires a one-
time health check of the slat power control unit (PCU) torque sensing 
unit (TSU) for discrepancies, and corrective actions if necessary; a 
detailed inspection of the left-hand (LH) and right-hand (RH) slat 
transmission systems for discrepancies, and corrective actions if 
necessary; and LH and RH track 12 slat gear rotary actuator (SGRA) 
water drainage and vent plug cleaning (which includes an inspection for 
moisture), 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 becomes effective September 18, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
18, 2020.
    The FAA must receive comments on this AD by October 19, 2020.

[[Page 54897]]


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 material incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +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. 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-2020-0783.

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-
0783; 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 AD, 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, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; phone 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 2020-0163R1, dated August 7, 2020 
(``EASA AD 2020-0163R1'') (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.
    This AD was prompted by a report of a slat system jam during 
landing. The FAA is issuing this AD to address a slat system jam during 
landing phase which could lead to a double shaft disconnection or 
rupture, potentially causing one or more slat surfaces to be no longer 
connected to either the slat wing tip brake or the slat PCU, possibly 
resulting in reduced control of the airplane. See the MCAI for 
additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0163R1 describes procedures for a one-time health 
check of the slat PCU TSU for discrepancies (i.e., for certain TSU 
values), and corrective actions (corrective actions include repairing 
discrepancies, and repeating the slat PCU TSU health check, and 
replacing the slat PCU); a detailed inspection of the LH and RH slat 
transmission systems for discrepancies (e.g., wear, scratches, and 
abrasion), and corrective actions (corrective actions may include 
replacing parts); and LH and RH track 12 SGRA water drainage and vent 
plug cleaning (which includes an inspection for moisture). 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

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

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2020-0163R1, described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this 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 2020-
0163R1 is incorporated by reference in this final rule. This AD, 
therefore, requires compliance with EASA AD 2020-0163R1 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this 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 
2020-0163R1 that is required for compliance with EASA AD 2020-0163R1 is 
available on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2020-0783.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because a slat system jam during landing could lead to a double shaft 
disconnection/rupture, potentially causing one or more slat surfaces to 
be no longer connected to either the slat

[[Page 54898]]

wing tip brake or the slat PCU, possibly resulting in reduced control 
of the airplane. In addition, the compliance time for the required 
action is shorter than the time necessary for the public to comment and 
for publication of the final rule. Therefore this rule must be issued 
immediately, to ensure the safety of the flight crews conducting such 
flights. Accordingly, notice and opportunity for prior public comment 
are impracticable and contrary to the public interest pursuant to 5 
U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites you to send any written relevant data, 
views, or arguments about this AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0783; 
Project Identifier MCAI-2020-01026-T'' at the beginning of your 
comments. The most helpful comments reference a specific portion of the 
proposal, explain the reason for any recommended change, and include 
supporting data. Except for Confidential Business Information (CBI) as 
described in the following paragraph, and other information as 
described in 14 CFR 11.35, the FAA will consider all comments received 
by the closing date and may amend this AD based on those comments.
    The FAA will post all comments the FAA receives, 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 the FAA receives about this AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to the 
person identified in the FOR FURTHER INFORMATION CONTACT section. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Interim Action

    The FAA considers this AD interim action. The inspection reports 
that are required by this AD will enable the manufacturer to obtain 
better insight into the nature, cause, and extent of the issue, and 
eventually to develop final action to address the unsafe condition. 
Once final action has been identified, the FAA might consider further 
rulemaking.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 14 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
                      Labor cost                            Parts cost       Cost per product      operators
----------------------------------------------------------------------------------------------------------------
11 work-hours x $85 per hour = $935...................                 $0                $935            $13,090
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it takes about 1 work-hour per product to 
comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost of reporting on U.S. operators to be $1,190, or $85 per product
    The FAA has received no definitive data that would enable us to 
provide cost estimates for the on-condition actions specified in this 
AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

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 AD will not have federalism 
implications

[[Page 54899]]

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, and
    (2) Will not affect intrastate aviation in Alaska.

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):

2020-18-04 Airbus SAS: Amendment 39-21225; Docket No. FAA-2020-0783; 
Project Identifier MCAI-2020-01026-T.

(a) Effective Date

    This AD becomes effective September 18, 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 27, Flight 
controls.

(e) Reason

    This AD was prompted by a report of a slat system jam during 
landing. The FAA is issuing this AD to address a slat system jam 
during landing which could lead to a double shaft disconnection/
rupture, potentially causing one or more slat surfaces to be no 
longer connected to either the slat wing tip brake or the slat power 
control unit (PCU), possibly resulting in reduced control of the 
airplane.

(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 
2020-0163R1, dated August 7, 2020 (``EASA AD 2020-0163R1'').

(h) Exceptions to EASA AD 2020-0163

    (1) Where EASA AD 2020-0163R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0163R1 refers to July 27, 2020, this AD 
requires using the effective date of this AD.
    (3) Where EASA AD 2020-0163R1 requires certain actions to be 
done ``before exceeding the thresholds specified in the AOT [alert 
operators transmission],'' this AD requires those actions to be done 
``at the applicable compliance time specified in paragraph 4.2.3.1 
of the AOT.''
    (4) The ``Remarks'' section of EASA AD 2020-0163R1 does not 
apply to this AD.
    (5) Paragraph (5) of EASA AD 2020-0163R1 specifies to report the 
results of the actions specified in paragraph (1) of EASA AD 2020-
0163R1 to Airbus within a certain compliance time. For this AD, 
report the results at the applicable time specified in paragraph 
(h)(5)(i) or (ii) of this AD.
    (i) If the action was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the action was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(i) 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 (j) 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 2020-0163R1 that contains paragraphs that are 
labeled as RC: Except as required by paragraphs (h)(5) and (i)(2) of 
this AD, the instructions in RC paragraphs, including subparagraphs 
under an RC paragraph, must be done to comply with this AD; any 
paragraphs, including subparagraphs under that paragraph, that are 
not identified as RC are recommended. The instructions in 
paragraphs, including subparagraphs under that paragraph, 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 instructions 
identified as RC can be done and the airplane can be put back in an 
airworthy condition. Any substitutions or changes to instructions 
identified as RC require approval of an AMOC.
    (4) Paperwork Reduction Act Burden Statement: A federal agency 
may not conduct or sponsor, and a person is not required to respond 
to, nor shall a person be subject to a penalty for failure to comply 
with a collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
All responses to this collection of information are mandatory as 
required by this AD. Send comments regarding this burden estimate or 
any other aspect of this collection of information, including 
suggestions for reducing this burden to Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

(j) 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; phone and 
fax: 206-231-3218; email: [email protected].

(k) 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 2020-0163R1, 
dated August 7, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0163R1, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +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.

[[Page 54900]]

    (4) 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-2020-0783.
    (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 August 20, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-19386 Filed 9-2-20; 8:45 am]
BILLING CODE 4910-13-P