[Federal Register Volume 83, Number 217 (Thursday, November 8, 2018)]
[Rules and Regulations]
[Pages 55813-55816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24391]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 217 / Thursday, November 8, 2018 / 
Rules and Regulations  

[[Page 55813]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0958; Product Identifier 2018-NM-139-AD; Amendment 
39-19491; AD 2018-23-05]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

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 report of a close gap between the wing lower cover (WLC) and wing rib 
feet. This AD requires revising the operator's minimum equipment list 
(MEL) to change certain MEL items. This AD also requires an inspection 
for discrepancies and structural damage of certain wing rib foot 
locations, and related investigative and corrective actions if 
necessary. 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-
0958.

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-
0958; 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 AD 
2018-0220, dated October 12, 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 deviation was identified on certain A350 aeroplanes, where a 
gap check between some wing rib feet and the wing lower cover (WLC) 
was not systematically performed. Due to tolerance build-up during 
wing manufacture, close gap between the WLC and wing rib feet could 
occur in some locations. Under some flight loading conditions, 
intermittent or permanent contact may occur.
    This condition, if not detected and corrected, combined with an 
empty fuel tank or fuel level below the rib foot area, could create 
an ignition source for the fuel vapour inside the tanks which, in 
case of a lightning strike of high intensity in the immediate area, 
could possibly result in ignition of the fuel-air mixture in the 
affected fuel tank and consequent loss of the aeroplane.
    To address this potential unsafe condition, Airbus issued the 
AOT [Alert Operators Transmission A57P011-18] to provide inspection 
instructions, and an MER [major event revision] of the A350 MMEL 
[master minimum equipment list] that incorporates temporary 
restrictions of the MMEL items related to the fuel tank inerting 
system.
    For the reasons described above, this [EASA] AD requires 
implementation of certain dispatch restrictions. This [EASA] AD also 
requires a one-time detailed inspection (DET) of the affected areas 
and, depending on findings, accomplishment of applicable corrective 
action(s). No findings, or accomplishment of [related investigative 
and] corrective action(s), as applicable, allows removal of the MMEL 
restrictions.
    This [EASA] AD is considered to be an interim action and further 
[EASA] AD action may follow.

    The inspection is intended to detect structural damage as well as 
other discrepancies including missing sealant at each wing rib foot 
location and a close gap between the wing rib foot and the WLC inboard 
and outboard side of the rib.
    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0958.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Alert Operators Transmission A57P011-18, dated 
October 8, 2018, which describes procedures for a detailed inspection 
and related investigative and corrective actions. Related investigative 
actions include a gap check. Corrective actions include rework of the 
wing rib foot and repair. This service information is reasonably 
available because the interested parties have access to it

[[Page 55814]]

through their normal course of business or by the means identified in 
the ADDRESSES section.

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 revises the operator's MEL to change certain MEL items. 
This AD also requires an inspection for discrepancies and structural 
damage of certain wing rib foot locations, and related investigative 
and corrective actions if necessary.

Differences Between This AD and the MCAI

    The MCAI specifies to revise the MMEL to change certain MMEL items. 
This AD refers to the operator's MEL instead of the MMEL. It is 
unnecessary to reference the MMEL, as operators are required in 14 CFR 
part 91 to have an MEL to operate with inoperable equipment and 
provisions for relief cannot be in an MEL without first being part of 
the MMEL. The intent of the provision has not changed.

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 contact between the WLC and wing rib feet, combined with an 
empty fuel tank or fuel level below the wing rib foot area, could 
create an ignition source for the fuel vapor inside the tanks. In case 
of a lightning strike of high intensity in the immediate area, this 
condition could possibly result in ignition of the fuel-air mixture in 
the affected fuel tank and consequent loss of the airplane. Therefore, 
we find good cause that notice and opportunity for prior public comment 
are impracticable. In addition, for the reasons 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-2018-0958; Product 
Identifier 2018-NM-139-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 1 airplane 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
----------------------------------------------------------------------------------------------------------------
60 work-hours x $85 per hour = $5,100........................              $0           $5,100           $5,100
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for on-condition repair of structural damage specified 
in this AD. We estimate the following costs to do any necessary on-
condition actions that would be required to address other discrepancies 
based on the results of any required actions.

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
10 work-hours x $85 per hour = $850...              $0             $850
------------------------------------------------------------------------

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.

[[Page 55815]]

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):

2018-23-05 Airbus SAS: Amendment 39-19491; Docket No. FAA-2018-0958; 
Product Identifier 2018-NM-139-AD.

(a) Effective Date

    This AD becomes effective November 23, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes, certificated in any 
category, identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Model A350-941 airplanes, manufacturer serial numbers (MSNs) 
203, 205, 208, 209, 210, 212, 213, 218, 219, 221, 227, 228, and 235.
    (2) Model A350-1041 airplanes, MSN 188.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a report of a close gap between the wing 
lower cover (WLC) and wing rib feet. We are issuing this AD to 
address potential contact between the WLC and wing rib feet, which, 
combined with an empty fuel tank or fuel level below the wing rib 
foot area, could create an ignition source for the fuel vapor inside 
the tanks. In case of a lightning strike of high intensity in the 
immediate area, this condition could possibly result in ignition of 
the fuel-air mixture in the affected fuel tank and consequent loss 
of the airplane.

(f) Compliance

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

(g) Minimum Equipment List (MEL) Revision

    Within 30 days after the effective date of this AD, revise the 
operator's MEL to prohibit dispatch of the airplane with any 
inoperative MEL item listed in figure 1 to paragraphs (g) and (i) of 
this AD.
4910-13-P

------------------------------------------------------------------------
              Sequence No.                             Item
------------------------------------------------------------------------
21-09-01...............................  AIR OVHT ON FUEL INERTING 1(2)
                                          Message.
21-09-03...............................  AIR PRESS LO ON FUEL INERTING
                                          1(2) Message.
21-50-01...............................  Air conditioning Pack.
21-50-02C..............................  Pack 1 Valve--Both valves
                                          inoperative.
21-50-03C..............................  Pack 2 Valve--Both valves
                                          inoperative.
21-50-04B..............................  Pack Flow Sensor--Both sensors
                                          inoperative on the same pack.
21-50-07C..............................  Pack Ram Air Inlet Door--
                                          Associated pack considered
                                          inoperative.
21-50-08A..............................  Pack Ram Air Outlet Door--
                                          Failed open.
21-50-08C..............................  Pack Ram Air Outlet Door--
                                          Associated pack considered
                                          inoperative.
21-50-09B..............................  Pack Control Channel--Both
                                          channels inoperative.
21-58-01...............................  Fuel Inerting Inlet Valve.
21-58-02...............................  Fuel Inerting Inlet Valve Flap.
21-58-03...............................  Fuel Inerting Ram Air Outlet
                                          Flap.
21-58-04...............................  Fuel Inerting Temperature
                                          Control Valve.
21-58-05...............................  Fuel Inerting Turbine Valve.
21-60-02C..............................  Hot Air Valve--Associated pack
                                          valves deactivated.
36-11-01...............................  Engine Bleed Air System.
36-11-02...............................  Engine Bleed Valve.
36-11-03...............................  Engine Bleed Fan Air Valve.
36-11-04...............................  Engine Bleed Overpressure
                                          Valve.
36-11-05A..............................  Engine Bleed IP Check Valve--
                                          Associated Bleed Considered
                                          Inoperative.
36-11-09...............................  Engine Bleed Control.
36-11-10...............................  Engine Bleed Monitoring.
36-11-11...............................  Engine Bleed Monitoring and
                                          Control.
36-11-12...............................  Engine Bleed Temperature
                                          Redundancy.
42-11-06...............................  CPIOM H43.
42-11-07...............................  CPIOM H44.
42-41-16...............................  CRDC B01.
42-41-17...............................  CRDC B02.
42-41-18...............................  CRDC B03.
42-41-20...............................  CRDC B05.
42-41-21...............................  CRDC B06.
47-10-01...............................  FTIS.
------------------------------------------------------------------------


[[Page 55816]]

 BILLING CODE 4910-13-C

(h) Inspection

    Within 3 months after the effective date of this AD, accomplish 
a detailed inspection to detect discrepancies and structural damage 
at the wing rib foot locations specified in, and in accordance with 
Airbus Alert Operators Transmission A57P011-18, dated October 8, 
2018.
    (1) If any discrepancy is detected, do all applicable related 
investigative and corrective actions before further flight, in 
accordance with Airbus Alert Operators Transmission A57P011-18, 
dated October 8, 2018.
    (2) If any structural damage is detected, before further flight 
obtain corrective actions 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) and accomplish the corrective actions within the 
compliance time specified therein. If approved by the DOA, the 
approval must include the DOA-authorized signature.

(i) Relief From MEL Restrictions

    After accomplishment of the inspection and all applicable 
related investigative and corrective actions required by paragraph 
(h) of this AD on an operator's fleet, the MEL revision specified in 
paragraph (g) of this AD is no longer required by this AD, and the 
provisions for relief for the affected MEL items in figure 1 to 
paragraphs (g) and (i) of this AD may be restored, provided those 
items are not otherwise restricted by the existing master minimum 
equipment list (MMEL).

(j) Reporting Provisions

    Although Airbus Alert Operators Transmission A57P011-18, dated 
October 8, 2018, specifies sending inspection results to Airbus, 
this AD does not require a report.

(k) 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 (l)(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 EASA; or Airbus SAS's 
EASA 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0220, dated October 12, 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-2018-0958.
    (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.

(m) 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 Alert Operators Transmission A57P011-18, dated 
October 8, 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 26, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-24391 Filed 11-7-18; 8:45 am]
 BILLING CODE 4910-13-P


