[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Rules and Regulations]
[Pages 59178-59180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20675]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0330; Product Identifier 2020-NM-031-AD; Amendment 
39-21236; AD 2020-18-15]
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 
certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was 
prompted by a report indicating that when the number 2 engine thrust 
reverser (T/R) was opened, the right-hand T/R hinge nut located at 
position 4 was found detached; investigation revealed that certain nuts 
could have been installed with noncompliant locking features, or with 
locking features that could degrade quicker than anticipated. This AD 
requires replacing any existing nut on the T/R hinge with a new nut, 
installing a new nut and washer if necessary, and applying a torque 
stripe at each T/R hinge location, 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 26, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 26, 
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 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. 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-2020-0330.

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-
0330; 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 2020-0028, dated February 14, 2020 
(``EASA AD 2020-0028'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain 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 certain Airbus SAS 
Model A350-941 and -1041 airplanes. The NPRM published in the Federal 
Register on April 16, 2020 (85 FR 21115). The NPRM was prompted by a 
report indicating that when the number 2 engine T/R was opened, the 
right-hand T/R hinge nut located at position 4 was found detached; 
investigation revealed that certain nuts could have been installed with 
noncompliant locking features, or with locking features that could 
degrade quicker than anticipated. The NPRM proposed to require 
inspecting each T/R hinge for the presence of a nut and washer, 
installing a new nut and washer if necessary, and applying a torque 
stripe at each T/R hinge location, as specified in an EASA AD.
    The FAA is issuing this AD to address this condition, which, if 
occurring on multiple hinge attachments, could lead to in-flight loss 
of a T/R, consequent structural damage to the airplane, and possible 
injury to persons on the ground. 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 NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA), Manikandan 
Raja, and an anonymous commenter stated support for the NPRM.

Request To Exempt Operators From Torque Stripe Requirement

    Delta Airlines (DAL) asked that operators be exempt from applying 
the torque stripe required by EASA AD 2020-0028 (referenced in the 
proposed AD as the appropriate source of service information for 
accomplishing the required actions). DAL stated that there are no 
mandated requirements in EASA AD 2020-0028 or the service information 
referenced in EASA AD 2020-0028 for repetitive inspections of the nut 
or verification for the presence of an intact torque stripe to ensure 
the nut has not rotated over time. DAL added that the current aircraft 
maintenance manual (AMM) instructs operators to apply a torque stripe 
at the

[[Page 59179]]

intended locations during routine maintenance. DAL noted that the 
torque stripe has the potential to degrade over time, which could 
create a potential noncompliance risk to operators, despite having 
previously accomplished the requirements in the proposed AD.
    The FAA acknowledges that adding the torque stripe is a one-time 
task with no repeated check; however, the FAA agrees with the state of 
design that adding it is done to bring the aircraft back to type 
design. DAL's approved maintenance program should not affect the 
requirements of this AD. The FAA has not changed this AD in this 
regard.

Explanation of Change to AD

    The Reason section of EASA AD 2020-0028 stated that ``this AD 
requires a one-time inspection of the T/R hinge nuts'' as one of the 
proposed requirements. In the FAA NPRM, the FAA added an inspection of 
the T/R hinge for the presence of nut and washer, in order to more 
closely correspond to the instructions in the service information 
referenced in EASA AD 2020-0028. EASA has since advised the FAA that 
the inspection is unnecessary. The FAA has therefore revised this AD to 
remove that inspection and to instead require compliance ``with all 
required actions and compliance times specified in, and in accordance 
with, EASA AD 2020-0028.'' The FAA further revised the Summary section 
to remove the inspection and expand upon the required actions, 
including possible replacement.

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 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 2020-0028 describes procedures for replacing any existing 
nut on the T/R hinge with a new nut, installing a new nut and washer if 
neither is installed, and applying a torque stripe at each location. 
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
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 4 work-hours x $85 per hour = Up              $984  Up to $1,324..............  Up to $17,212.
 to $340.
----------------------------------------------------------------------------------------------------------------

    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 the 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):

2020-18-15 Airbus SAS: Amendment 39-21236; Docket No. FAA-2020-0330; 
Product Identifier 2020-NM-031-AD.

(a) Effective Date

    This AD is effective October 26, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2020-0028, dated February 14, 
2020 (``EASA AD 2020-0028'').

(d) Subject

    Air Transport Association (ATA) of America Code 78, Exhaust.

(e) Reason

    This AD was prompted by a report indicating that when the number 
2 engine thrust reverser (T/R) was opened, the right-

[[Page 59180]]

hand T/R hinge nut located at position 4 was found detached; 
investigation revealed that certain nuts could have been installed 
with noncompliant locking features, or with locking features that 
could degrade quicker than anticipated. The FAA is issuing this AD 
to address this condition, which, if occurring on multiple hinge 
attachments, could lead to in-flight loss of a T/R, consequent 
structural damage to the airplane, and possible injury to persons on 
the ground.

(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, EASA AD 2020-0028.

(h) Exceptions to EASA AD 2020-0028

    (1) Where EASA AD 2020-0028 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0028 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0028 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k) 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 2020-0028 that contains RC procedures and 
tests: Except as required by paragraph (j)(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.

(k) 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].

(l) 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 2020-0028, 
dated February 14, 2020.
    (ii) [Reserved]
    (3) For information about EASA 2020-0028, 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.
    (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-2020-0330.
    (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 26, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-20675 Filed 9-18-20; 8:45 am]
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