[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Rules and Regulations]
[Pages 55617-55619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23991]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0908; Product Identifier 2018-NM-136-AD; Amendment 
39-19486; AD 2018-22-13]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by 
a technical issue detected on the inboard aileron electro-hydrostatic 
actuators that caused potential erroneous monitoring of those 
actuators. This AD requires revising the airplane flight manual to 
provide the flightcrew with updated procedures related to inboard 
aileron fault operations. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD becomes effective November 23, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 23, 
2018.
    We must receive comments on this AD by December 24, 2018.

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 http://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, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this final rule, contact 
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 
2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 
61 93 45 80; email [email protected]; internet 
http://www.airbus.com. You may view this referenced service information 
at the FAA, Transport Standards 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 on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0908.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0908; 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, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (telephone 800-
647-5527) is in the ADDRESSES section. Comments will be available in 
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace 
Engineer, International Section, Transport Standards Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3218.

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2018-0213, dated October 1, 2018 (referred to 
after this 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 MCAI states:

    A technical issue was detected on the inboard aileron electro-
hydrostatic actuators, causing potential erroneous monitoring of 
those actuators. Consequently, in-flight loss of inboard aileron 
control may occur, which, due to the resulting drag, would lead to 
increased fuel consumption.
    This condition, if not corrected, and if combined with one 
engine inoperative, could result in reduced control or performance 
of the aeroplane.
    To address this potential unsafe condition, Airbus issued the 
AFM [airplane flight manual] TR [temporary revision] and Flight 
Operations Transmission (FOT) 999.0062/18, informing operators that 
Airbus provides two different Airbus Temporary Quick Changes (ATQC) 
to the Electronic Centralized Aircraft Monitoring (ECAM), depending 
on the installed FWS [flight warning system] standard, either STD 
S4/2.0 or STD S5/2.2, as applicable, and issued the applicable SB 
[service bulletin] accordingly, providing modification instructions.
    For the reasons described above, this [EASA] AD requires 
amendment of the applicable AFM and installation of ATQC V4, 
followed by ECAM Temporary Change (ETC) activation, to update the 
procedures related to inboard aileron fault operations.
    This AD is considered to be an interim action and further AD 
action may follow.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0908.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Airbus A350 Temporary Revision (TR) 113, Issue 
1.0, dated July 27, 2018, which provides updated procedures related to 
inboard aileron fault operations. This service information 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.

[[Page 55618]]

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 our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
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 revising the Abnormal Procedures section of the 
AFM, as specified in the service information described previously.

Difference Between This AD and the MCAI

    In addition to the AFM revision, the MCAI requires installing two 
different ATQCs to the ECAM. We are considering requiring the 
installation of the ATQCs, but the planned compliance time for these 
actions would allow enough time to provide notice and opportunity for 
prior public comment on the merits of the installations.

FAA's Justification and Determination of the Effective Date

    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 erroneous monitoring of the inboard aileron electro-hydrostatic 
actuators could result in in-flight loss of inboard aileron control, 
consequent increased fuel consumption due to the resulting drag, and 
reduced control or performance of the airplane if one engine is also 
inoperative. Therefore, we find good cause that notice and opportunity 
for prior public comment are impracticable. In addition, for the reason 
stated above, we find that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite 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-2018-0908; Product 
Identifier 2018-NM-136-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD based on 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 11 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85             $935
----------------------------------------------------------------------------------------------------------------

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.
    We are 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    We determined that 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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):


[[Page 55619]]


2018-22-13 Airbus SAS: Amendment 39-19486; Docket No. FAA-2018-0908; 
Product Identifier 2018-NM-136-AD.

(a) Effective Date

    This AD becomes effective November 23, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, except those on which the 
modifications specified in paragraph (c)(1) or (c)(2) of this AD, as 
applicable, have been embodied in production.
    (1) Airbus modifications 113759 and 113758.
    (2) Airbus modifications 113760 and 113758.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by a technical issue detected on the 
inboard aileron electro-hydrostatic actuators that caused potential 
erroneous monitoring of those actuators. We are issuing this AD to 
address possible in-flight loss of inboard aileron control, 
consequent increased fuel consumption due to the resulting drag, and 
reduced control or performance of the airplane if one engine is also 
inoperative.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Revision of the Airplane Flight Manual (AFM)

    Within 30 days after the effective date of this AD, revise the 
Abnormal Procedures section of the AFM to include the information in 
Airbus A350 Temporary Revision (TR) 113, Issue 1.0, dated July 27, 
2018, which introduces updated procedures related to inboard aileron 
fault operations. This may be done by inserting a copy of TR 113, 
Issue 1.0, dated July 27, 2018, into the AFM. When TR 113, Issue 
1.0, dated July 27, 2018, has been included in general revisions of 
the AFM, the general revisions may be inserted into the AFM, 
provided the relevant information in the general revisions is 
identical to that in TR 113, Issue 1.0, dated July 27, 2018, and the 
TR may be removed. Operate the airplane according to the procedures 
in TR 113, Issue 1.0, dated July 27, 2018. In case any discrepancy 
is identified between procedures displayed on the electronic 
centralized aircraft monitoring (ECAM) and procedures stated in the 
applicable AFM, the AFM procedures prevail.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards 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 International Section, send it to the attention of 
the person identified in paragraph (i)(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 local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (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): If any service information 
contains procedures or tests that are identified as RC, those 
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.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2018-0213, dated October 1, 
2018, for related information. This MCAI may be found in the AD 
docket on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2018-0908.
    (2) For more information about this AD, contact Kathleen 
Arrigotti, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3218.

(j) 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) Airbus A350 Temporary Revision (TR) 113, Issue 1.0, dated 
July 27, 2018.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine 
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 45 80; email [email protected]; 
internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on October 22, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-23991 Filed 11-6-18; 8:45 am]
 BILLING CODE 4910-13-P


