[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Rules and Regulations]
[Pages 64949-64952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22628]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0336; Product Identifier 2020-NM-032-AD; Amendment 
39-21280; AD 2020-21-07]
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 and -1041 airplanes. This AD was prompted by 
a report that sticking effects have been observed affecting the 
breathing bag on certain passenger oxygen masks. This AD requires 
replacement of affected passenger oxygen masks, 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; 
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.

[[Page 64950]]

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-
0336; 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; 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 2020-0031, dated February 18, 2020 
(``EASA AD 2020-0031'') (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 by adding an AD that would apply to all Airbus SAS Model 
A350-941 and -1041 airplanes. The NPRM published in the Federal 
Register on April 27, 2020 (85 FR 23257). The NPRM was prompted by a 
report that sticking effects have been observed affecting the breathing 
bag on certain passenger oxygen masks. The NPRM proposed to require 
replacement of affected passenger oxygen masks, as specified in an EASA 
AD.
    The FAA is issuing this AD to address sticking of the breathing bag 
on certain passenger oxygen masks, which could prevent the breathing 
bag from fully inflating, and possibly injure cabin occupants following 
a depressurization event. 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.

Request To Allow Records Review or Visual Inspection

    Delta Air Lines, Inc. (DAL) requested that the FAA include a 
provision in the NPRM to allow a records review or visual inspection in 
lieu of a detailed inspection of the affected parts. DAL pointed out 
that the Airbus service information associated with EASA AD 2020-0031 
specifies doing a detailed inspection of the affected parts for the 
affected serial numbers. DAL mentioned that previous Airbus service 
information for similar unsafe conditions have allowed alternative 
means to determine whether parts were affected by the unsafe condition.
    The FAA agrees that clarification is necessary. The FAA has 
determined that a review of airplane maintenance records or visual 
inspection is acceptable in lieu of a detailed inspection if the part 
number, amendment number, and serial number of the passenger oxygen 
mask can be conclusively determined from that review. EASA AD 2020-
0031, does not specify any inspection, but instead specifies 
replacement of affected parts with affected serial numbers. Because 
EASA AD 2020-0031 does not specify doing an inspection, it is not 
necessary to specify alternative inspection methods in this AD. 
However, to be clear, paragraph (h) of this AD has been revised to 
include an exception to EASA AD 2020-0031, stating that this AD only 
requires the replacement and does not require the inspection for the 
part number and serial number.

Request for Exception To Limit Service Information

    DAL requested that the FAA add an exception in paragraph (h) of the 
proposed AD to specify doing the assembly/installation and re-
identification of parts using paragraphs 3.C. and 3.D. of the 
Accomplishment Instructions of the B/E Aerospace Systems service 
information where paragraph (1) of EASA AD 2020-0031 specifies doing 
the actions ``. . . in accordance with the instructions of the SB.'' 
DAL pointed out that the Airbus service information specified by EASA 
AD 2020-0031 refers to B/E Aerospace Systems service information, which 
specifies non-explicit instructions for removal/disassembly and appears 
to conflict with the Airbus service information that specifies 
``modification.'' DAL expressed its opinion that the modification 
specified in the Airbus service information should actually be the 
replacement of the E75000-00 series mask assemblies in affected 
container assemblies with re-identification of the container 
assemblies.
    The FAA disagrees with the commenter's request. The FAA has 
considered the potential for conflicts introduced from other referenced 
service information. However, this AD requires using EASA AD 2020-0031 
as the appropriate source of service information, which overrides any 
conflicting information specified in other referenced service 
information. Further, while the terminology in the Airbus service 
information differs from that in the B/E Aerospace Systems service 
information, it is clear that the Airbus service information specifies 
accomplishing the B/E Aerospace Systems service information, so 
restating that information in this AD is unnecessary. This AD has not 
been revised in this regard.

Request To Add an Exception To Clarify That Checking for Date of 
Manufacture Is Not Required

    DAL requested that the FAA add an exception in paragraph (h) of the 
proposed AD to clarify that checking for the date of manufacture is not 
required. DAL mentioned that the Accomplishment Instructions of the B/E 
Aerospace Systems service information include an additional inspection 
for the date of manufacture of the affected part that neither EASA AD 
2020-0031 nor the Airbus service information specify. DAL expressed 
concern that inspection for the date of manufacture was not considered 
as part of the NPRM. Delta contended that the date of manufacture 
inspection specified in the Accomplishment Instructions of the B/E 
Aerospace Systems service information is not required by EASA AD 2020-
0031.
    The FAA infers that the commenter requests an exception in the 
proposed AD to specify that the date of manufacture inspection 
specified in the Accomplishment Instructions of the B/E Aerospace 
Systems service information is not required. The FAA agrees for the 
reasons provided and has added an exception in paragraph (h)(4) of this 
AD to specify that the date of manufacture inspection specified in the 
Accomplishment Instructions of the B/E Aerospace Systems service 
information is not required.

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.

[[Page 64951]]

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 2020-0031 describes procedures for replacement of affected 
passenger oxygen masks. 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
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510...........................            $0 *             $510           $6,630
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* The FAA has received no definitive data that would enable the FAA to provide cost estimates of the parts cost
  for the replacement specified in this AD.

    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 our 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):

2020-21-07 Airbus SAS: Amendment 39-21280; Docket No. FAA-2020-0336; 
Product Identifier 2020-NM-032-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 and -1041 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by a report that sticking effects have been 
observed affecting the breathing bag on certain passenger oxygen 
masks. The FAA is issuing this AD to address sticking of the 
breathing bag on certain passenger oxygen masks, which could prevent 
the breathing bag from fully inflating, and possibly injure cabin 
occupants following a depressurization event.

(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 
2020-0031, dated February 18, 2020 (``EASA AD 2020-0031'').

(h) Exceptions to EASA AD 2020-0031

    (1) Where EASA AD 2020-0031 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0031 does not apply 
to this AD.
    (3) Where EASA AD 2020-0031 specifies to do the replacement 
specified in Airbus Service Bulletin A350-35-P013, Revision 00, 
dated July 2, 2019, which specifies to inspect for the part number 
and serial number and then do a replacement; this AD only requires 
the replacement.
    (4) Where paragraphs 3.B. and 3.C. of the Accomplishment 
Instructions of B/E Aerospace Systems Service Bulletin E75000-35-
001, Revision 00, dated November 25, 2016, state to do an inspection 
for the date of manufacture of the affected part, this AD does not 
require that inspection.

(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

[[Page 64952]]

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 2020-0031 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; 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 2020-0031, 
dated February 18, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0031, 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.
    (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-2020-0336.
    (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 October 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-22628 Filed 10-13-20; 8:45 am]
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