[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Rules and Regulations]
[Pages 64952-64955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22623]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0339; Product Identifier 2020-NM-046-AD; Amendment 
39-21281; AD 2020-21-08]
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 all 
Airbus SAS Model A350-941 airplanes. This AD was prompted by reports 
that the latches for the forward and aft pressure relief doors could be 
opened during exposure to fire, leading to a breach in the engine core 
firewall. This AD requires modification and re-identification of the 
affected thrust reversers (TRs) and latch access doors (LADs), 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 November 18, 2020. The Director of the 
Federal Register approved the incorporation by reference of a certain 
publication listed in this AD as of November 18, 2020.

ADDRESSES: For 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. 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-2020-0339.

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-
0339; 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 2020-0060, dated March 16, 2020 
(``EASA AD 2020-0060'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A350-941 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus SAS Model 
A350-941 airplanes. The NPRM published in the Federal Register on April 
27, 2020 (85 FR 23252). The NPRM was prompted by reports that the 
latches for the forward and aft pressure relief doors could be opened 
during exposure to fire, leading to a breach in the engine core 
firewall. The NPRM proposed to require modification and re-
identification of the affected thrust TRs and LADs, as specified in 
EASA AD 2020-0060. The FAA is issuing this AD to address a possible 
breach in the engine core firewall. This condition, if not corrected, 
could lead to an uncontained engine fire, possibly resulting in reduced 
control of the airplane. See the

[[Page 64953]]

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

    Air Line Pilots Association, International (ALPA), stated its 
support for the NPRM.

Request To Clarify Marking Requirement

    Delta Air Lines (DAL) requested that the word ``it'' in paragraph 
(h)(2) of the proposed AD be replaced with ``the LAD'' to indicate the 
latch access door. The commenter asserted that the meaning of the word 
``it'' in that paragraph is vague and should be clarified.
    The FAA partially agrees with the request to modify paragraph 
(h)(2) of this AD. The agency agrees that the word ``it'' in that 
paragraph can be interpreted in more than one way, and not only as a 
reference to the LAD. Since paragraph (h)(2) references the TR and the 
LAD, to avoid confusion over the meaning, the FAA has removed the word 
``it'' from paragraph (h)(2) of this AD.

Request To Allow Alternative Marking Method

    Delta requested that an exception be added to the proposed AD 
stating that operators may apply markings to the LAD composite 
substrate by any convenient means, as long as the markings remain 
within 1 inch of the identification decal. The commenter expressed 
concern that the use of the term ``stamp,'' as specified in the service 
information referenced in EASA AD 2020-0060, could suggest that a 
stamping tool is required.
    The FAA partially agrees with the request. The FAA agrees to 
clarify the use of the word ``stamp'' in this AD. The terms ``marked'' 
and ``stamped'' as used in this AD refer to any method of permanent 
marking, including stamping or ink marking as acceptable. The FAA has 
revised paragraph (h)(2) of this AD to clarify that any permanent 
marking method is acceptable.

Request To Explain Why an AD Is Appropriate

    Delta requested a change to the wording of paragraph (e) of the 
proposed AD. Delta argued that the current paragraph is not descriptive 
enough to fully explain airworthiness shortcomings and why an AD is 
appropriate. Delta provided suggested additional wording for paragraph 
(e) of the proposed AD.
    The FAA disagrees with this request. Based on the risk assessment 
performed by EASA and Airbus, the FAA determined that an unsafe 
condition exists, and provided relevant background information in the 
NPRM. The wording of paragraph (e) has not been changed with regard to 
this request.

Request To Eliminate Adhesive Cure Time Requirement

    Delta requested that the cure time of the placard adhesive not be 
required for compliance because it has nothing to do with the unsafe 
condition being addressed by the proposed AD. Delta noted that the 
service information referenced in EASA AD 2020-0060 includes a 
requirement to allow curing the adhesive, and requested that the FAA 
add an exception to exclude this requirement.
    The FAA does not agree with this request. Because placards contain 
vital information, proper adhesive curing times are essential and 
should not be removed from the requirements of this AD, although 
requests for alternative methods of compliance (AMOCs) remain an option 
for all operators. This AD has not been changed in this regard.

Request To Change Compliance Time

    The FAA infers a request by DAL to extend the compliance time 
indicated in the proposed AD. The commenter asserted that the 3-month 
compliance time is too short and that no evidence has been given for 
this urgency.
    The FAA disagrees with the request to increase the compliance time 
of this AD. Prior to publication of EASA AD 2020-0060, the manufacturer 
offered 2 years to address the unsafe condition as part of a monitored 
retrofit campaign. In developing an appropriate compliance time for 
this action, EASA considered the urgency associated with the subject 
unsafe condition, and the encouraged voluntarily compliance through the 
monitored retrofit campaign as that would be most convenient for the 
operator's normal scheduled maintenance. The FAA's NPRM provided 
additional time for U.S. operators to plan and execute corrective 
actions beyond EASA's compliance time. The FAA believes the 2-year 
campaign, followed by publication of the EASA AD, followed by the 
intervening time for the FAA to publish the NPRM and this AD, has 
allowed sufficient notice and planning opportunities for the U.S. 
fleet. This AD has not been changed with regard to this request.

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 with the changes described previously 
and 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.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0060 describes procedures for modification and re-
identification of the affected TRs and LADs. 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 3 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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18 work-hours x $85 per hour = $1,530........................            * $0           $1,530           $4,590
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* The FAA has received no definitive data that would enable the agency to provide a parts cost estimate for the
  required actions.


[[Page 64954]]

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):

2020-21-08 Airbus SAS: Amendment 39-21281; Docket No. FAA-2020-0339; 
Product Identifier 2020-NM-046-AD.

(a) Effective Date

    This AD is effective November 18, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 airplanes, 
certificated in any category.

(d) Subject

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

(e) Reason

    This AD was prompted by reports that the latches for the forward 
and aft pressure relief doors could be opened during exposure to 
fire, leading to a breach in the engine core firewall. The FAA is 
issuing this AD to address this condition, which if not corrected, 
could lead to an uncontained engine fire, 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 
2020-0060, dated March 16, 2020 (``EASA AD 2020-0060'').

(h) Exceptions to EASA AD 2020-0060

    (1) Where EASA AD 2020-0060 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (1.3) of EASA AD 2020-0060 requires marking 
the service bulletin reference on the identification plate of the 
affected thrust reverser (TR) or latch access door (LAD), this AD 
allows marking on or within an inch of the identification plate or 
decal. For this AD, any method of permanent marking, including 
stamping or ink marking, is acceptable.
    (3) The ``Remarks'' section of EASA AD 2020-0060 does not apply 
to 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 2020-0060 that contains RC procedures and 
tests: Except as required by paragraph (i)(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.

(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; telephone 
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 2020-0060, 
dated March 16, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0060, 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-2020-0339.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability

[[Page 64955]]

of this material at NARA, email [email protected], or go to: 
https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-22623 Filed 10-13-20; 8:45 am]
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