[Federal Register Volume 86, Number 33 (Monday, February 22, 2021)]
[Proposed Rules]
[Pages 10493-10496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01609]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1178; Project Identifier MCAI-2020-01325-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2020-09-14, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2020-09-14 requires revising the existing airplane 
flight manual (AFM) to define a liquid-prohibited zone on the flight 
deck and provide procedures following liquid spillage on the center 
pedestal. AD 2020-09-14 also requires installing a removable integrated 
control panel (ICP) cover on the flight deck and further revising the 
AFM to include instructions for ICP cover use. Since the FAA issued AD 
2020-09-14, a new, water-resistant ICP has been developed. This 
proposed AD would require installing a new, water-resistant ICP, which 
would allow removing the ICP protective cover and the AFM revisions, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
will be incorporated by reference. The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 8, 
2021.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be 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-2020-1178.

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-
1178; 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 NPRM, 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; telephone and fax 206-231-
3218.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2020-1178; Project Identifier 
MCAI-2020-01325-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. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    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 post all comments

[[Page 10494]]

received, without change, to https://www.regulations.gov, including any 
personal information you provide. The agency will also post a report 
summarizing each substantive verbal contact received about this 
proposed 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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
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. Any commentary that the FAA 
receives which is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Discussion

    The FAA issued AD 2020-09-14, Amendment 39-19910 (85 FR 30601, May 
20, 2020) (AD 2020-09-14), which applies to certain Airbus SAS Model 
A350-941 and -1041 airplanes. AD 2020-09-14 requires revising the 
existing AFM to define a liquid-prohibited zone on the flight deck and 
provide procedures following liquid spillage on the center pedestal. AD 
2020-09-14 also requires installing a removable ICP cover on the flight 
deck and further revising the AFM to include instructions for ICP cover 
use. AD 2020-09-14 superseded AD 2020-03-12, Amendment 39-19837 (85 FR 
7863, February 12, 2020), which applied to all Airbus SAS Model A350-
941 and -1041 airplanes. Both ADs required revising the existing AFM to 
define a liquid-prohibited zone on the flight deck and provide 
procedures following liquid spillage on the center pedestal.
    The FAA issued AD 2020-09-14 to address the potential for dual-
engine in-flight shutdown (IFSD), possibly resulting in a forced 
landing with consequent damage to the airplane and injury to occupants.

Actions Since AD 2020-09-14 Was Issued

    The preamble to AD 2020-09-14 explains that the FAA considers the 
requirements ``interim action'' and was considering further rulemaking. 
The FAA has now determined that further rulemaking is indeed necessary, 
and this proposed AD follows from that determination. Since the FAA 
issued AD 2020-09-14, a new, water-resistant ICP has been developed by 
the manufacturer to address the identified unsafe condition.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0203, dated September 23, 2020 
(EASA AD 2020-0203) (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. EASA AD 
2020-0203 superseded EASA AD 2020-0090 (which corresponds to FAA AD 
2020-09-14).
    This proposed AD was prompted by the development of a new, water-
resistant ICP to prevent damage from inadvertent liquid spillage on the 
center pedestal. The FAA is proposing this AD to address the potential 
for dual-engine IFSD, possibly resulting in a forced landing with 
consequent damage to the airplane and injury to occupants. See the MCAI 
for additional background information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2020-09-14, this proposed AD would retain all 
requirements of AD 2020-09-14 and revise the applicability. Those 
requirements are referenced in EASA AD 2020-0203, which, in turn, is 
referenced in paragraph (g) of this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0203 describes procedures for revising the AFM to 
define a liquid-prohibited zone on the flight deck and provide 
procedures following liquid spillage on the center pedestal, installing 
an ICP cover on the flight deck, and further revising the AFM to 
include instructions for ICP cover use. EASA AD 2020-0203 also 
describes procedures for installing a new, water-resistant ICP; 
removing the ICP protective cover; and removing the AFM revisions. 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 and Requirements of This Proposed AD

    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 proposing this AD because the FAA 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0203 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD. The FAA also proposes to revise the 
applicability to exclude only airplanes on which Mod 116038 was 
installed in production. Additionally, for airplanes modified per Mod 
116010, which introduced the removable protective ICP cover, certain 
AFM requirements specified in EASA AD 2020-0203 would not be required 
by this proposed 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 2020-0203 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0203 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed 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

[[Page 10495]]

not limited to the section titled ``Required Action(s) and Compliance 
Time(s)'' in the EASA AD. Service information specified in EASA AD 
2020-0203 that is required for compliance with EASA AD 2020-0203 will 
be available on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-1178 after the FAA final 
rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 15 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                     Estimated Costs for Required Actions(*)
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                                                                                                Cost on U.S.
            Action                  Labor cost       Parts cost       Cost per product           operators
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Retained AFM revision from AD   1 work-hour x $85              $0  $85...................  $1,105.
 2020-09-14.                     per hour = $85.
Retained installation from AD   2 work-hours x                (*)  $170..................  $2,210.
 2020-09-14.                     $85 per hour =
                                 $170.
New proposed actions..........  Up to 42 work-                (*)  Up to $3,570..........  Up to $53,550.
                                 hours x $85 per
                                 hour = Up to
                                 $3,570.
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* The FAA has received no definitive data regarding cost estimates for these parts.

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this proposed AD.
    According to the manufacturer, some or all of the costs of this 
proposed 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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:
0
a. Removing Airworthiness Directive 2020-09-14, Amendment 39-19910 (85 
FR 30601, May 20, 2020); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2020-1178; Project Identifier MCAI-2020-
01325-T.

(a) Comments Due Date

    The FAA must receive comments for this airworthiness directive 
(AD) action by April 8, 2021.

(b) Affected ADs

    This AD replaces AD 2020-09-14, Amendment 39-19910 (85 FR 30601, 
May 20, 2020) (AD 2020-09-14).

(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 2020-0203, dated September 
23, 2020 (EASA AD 2020-0203).

(d) Subject

    Air Transport Association (ATA) of America Code 31, Instruments.

(e) Reason

    This AD was prompted by two reports of abnormal operation of the 
components of the ENG START panel or Electronic Centralized Aircraft 
Monitoring (ECAM) Control Panel (ECP) due to liquid spillage in the 
system, and the subsequent uncommanded engine in-flight shutdown 
(IFSD) of one engine in each case. This AD was also prompted by the 
development of a new, water-resistant integrated control panel (ICP) 
that will address this unsafe condition. The FAA is issuing this AD 
to address the potential for dual-engine IFSD, possibly resulting in 
a forced landing with consequent damage to the airplane and injury 
to occupants.

(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 2020-0203.

(h) Exceptions to EASA AD 2020-0203

    (1) Where EASA AD 2020-0203 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0203 refers to the effective date of EASA 
AD 2020-0020E, this AD requires using February 14, 2020 (the 
effective date of AD 2020-03-12).
    (3) Where EASA AD 2020-0203 refers to the effective date of EASA 
AD 2020-0090, this AD requires using June 4, 2020 (the effective 
date of AD 2020-09-14).
    (4) Where paragraph (7) of EASA AD 2020-0203 specifies removing 
the AFM [airplane flight manual] changes ``as required by paragraph 
(2) or (4) of [the MCAI], as applicable,'' this AD requires removing 
the AFM changes required by paragraph (1), (2), (4), or (5), as 
applicable, from the AFM.

[[Page 10496]]

    (5) For airplanes with Mod 116010: This AD does not require the 
actions specified in paragraph (1), (3), and (4) of EASA AD 2020-
0203, as specified in paragraph (g) of this AD.
    (6) ``Note 1'' of EASA AD 2020-0203 does not apply to this AD. 
However, after the actions required by EASA AD 2020-0203, paragraphs 
(3) to (5), as required by paragraph (g) of this AD, have been 
accomplished on an airplane, that airplane may be operated with a 
damaged or missing ICP removable cover, provided provisions that 
address the ICP removable cover are included in the operator's 
approved minimum equipment list (MEL). After the actions required by 
EASA AD 2020-0203, paragraph (6), as required by paragraph (g) of 
this AD, have been accomplished on an airplane, that airplane may be 
operated without an ICP removable cover, provided provisions that 
address the ICP removable cover are removed from the operator's 
approved MEL.
    (7) The ``Remarks'' section of EASA AD 2020-0203 does not apply 
to this AD.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the airplane to a location where the 
actions specified in this AD can be accomplished (if the operator 
elects to do so), provided a removable ICP cover is installed on the 
flight deck.

(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 responsible Flight 
Standards 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)(2) 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 
responsible Flight Standards 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'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 2020-0203 that contains RC procedures and 
tests: 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

    (1) For information about EASA AD 2020-0203, 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. 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-
2020-1178.
    (2) 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.

    Issued on January 19, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-01609 Filed 2-19-21; 8:45 am]
BILLING CODE 4910-13-P