[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 51957-51960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21241]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0193; Product Identifier 2018-NM-159-AD; Amendment 
39-19711; AD 2019-16-08]
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 superseding Airworthiness Directive (AD) 2018-22-
13, which applied to certain Airbus SAS Model A350-941 and -1041 
airplanes. AD 2018-22-13 required revising the existing airplane flight 
manual (AFM) to provide the flightcrew with updated procedures related 
to inboard aileron fault operations. This AD continues to require that 
AFM revision, and also requires modification of the electronic 
centralized aircraft monitoring (ECAM) procedures by installing an 
Airbus temporary quick change (ATQC) and activating an ECAM temporary 
change. This AD was prompted by a technical issue detected on the 
inboard aileron electrohydrostatic actuators that caused potential 
erroneous monitoring of those actuators. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective November 5, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 5, 
2019.

ADDRESSES: 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 continued-airworthiness.a350@airbus.com; 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-2019-0193.

[[Page 51958]]

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-2019-
0193; 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, the regulatory evaluation, 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, International Section, Transport Standards Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3218.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2018-22-13, Amendment 39-19486 (83 FR 
55617, November 7, 2018) (``AD 2018-22-13''). AD 2018-22-13 applied to 
certain Airbus SAS Model A350-941 and -1041 airplanes. The NPRM 
published in the Federal Register on April 8, 2019 (84 FR 13843). The 
NPRM was prompted by a technical issue detected on the inboard aileron 
electrohydrostatic actuators that caused potential erroneous monitoring 
of those actuators. The NPRM proposed to continue to require revising 
the existing AFM to provide the flightcrew with updated procedures 
related to inboard aileron fault operations. The NPRM also proposed to 
require modifying the ECAM procedures by installing an ATQC and 
activating an ECAM temporary change. The FAA is 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.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, issued EASA AD 2018-
0213R1, dated November 9, 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 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 [standard] 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.
    This [EASA] AD is revised to amend the Applicability and correct 
some additional (minor) errors.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0193.

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 NPRM

    The Air Line Pilots Association, International (ALPA), and 
commenters Christian Maldonado, Claudia Galica, and Cristian Silva 
supported the NPRM.

Request To Include Alternative Service Information

    Delta Airlines, Inc. (Delta), requested that the FAA revise 
paragraph (h)(1)(ii) of the proposed AD to allow installation of ATQC 
version 5 for FWS standard S5/2.2, in accordance with Airbus Service 
Bulletin A350-31-P032, dated February 28, 2019, instead of ATQC version 
4. Delta asserted that version 5 is the next evolution and encompasses 
the items in version 4, so compliance would be maintained with the 
version 4 improvements. Delta added that allowing installation of 
version 5 in the proposed AD would prevent the need to request approval 
of an alternative method of compliance to install version 5.
    The FAA partially agrees with the commenter's request. ATQC version 
5 has also been found to mitigate the unsafe condition and is an 
acceptable method of compliance for this AD. However, version 5 cannot 
be installed if version 4 has not yet been installed. Therefore, all 
airplanes must install version 4, and any airplane may have version 5 
installed afterwards. The FAA has revised paragraph (h)(1)(ii) 
accordingly.

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 change 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 Service Information Under 1 CFR Part 51

    Airbus issued the following service information:
    Service Bulletin A350-31-P028, dated September 17, 2018, describes 
procedures for installing ATQC standard V4 for FWS standard S4/2.0.
    Service Bulletin A350-31-P029, dated September 17, 2018, describes 
procedures for installing ATQC standard V4 for FWS standard S5/2.2.
    Service Bulletin A350-31-P030, dated September 17, 2018, describes 
procedures for activating ECAM temporary change code No. 27AF.
    Service Bulletin A350-31-P032, dated February 28, 2019, describes 
procedures for installing ATQC standard V5 for FWS standard S5/2.2.
    Airbus A350 Temporary Revision (TR) 113, Issue 1, dated August 17, 
2018, provides updated procedures related to inboard aileron fault 
operations. (This document was originally incorporated by reference in 
AD 2018-22-13 as of November 23, 2018 (83 FR 55617, November 7, 2018). 
However, AD 2018-22-13 had identified this TR with an incorrect, pre-
approval date of July 27, 2018. The FAA has provided the correct date 
of the TR throughout this AD.)
    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 51959]]

Costs of Compliance

    The FAA estimates that this AD affects 11 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD                1 work-hour x $85 per                 $0             $85            $935
 2018[dash]22[dash]13.                   hour = $85.
New actions...........................  4 work-hours x $85 per                 0             340           3,740
                                         hour = $340.
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    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 the agency 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.
    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

    The FAA 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) 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 removing Airworthiness Directive (AD) 
2018-22-13, Amendment 39-19486 (83 FR 55617, November 7, 2018), and 
adding the following new AD:

2019-16-08 Airbus SAS: Amendment 39-19711; Docket No. FAA-2019-0193; 
Product Identifier 2018-NM-159-AD.

(a) Effective Date

    This AD is effective November 5, 2019.

(b) Affected ADs

    This AD replaces AD 2018-22-13, Amendment 39-19486 (83 FR 55617, 
November 7, 2018) (``AD 2018-22-13'').

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, except those on which 
Airbus modifications 113758 and 113759 have been embodied in 
production.

(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 electrohydrostatic actuators that caused potential 
erroneous monitoring of those actuators. The FAA is 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) Retained Revision of Existing Airplane Flight Manual (AFM), With 
Revised Compliance Language and Corrected Temporary Revision (TR) Date

    This paragraph restates the requirements of paragraph (g) of AD 
2018-22-13, with revised compliance language and a corrected TR 
date. At the applicable time specified in paragraph (g)(1) or (2) of 
this AD, revise the Abnormal Procedures section of the existing AFM 
to include the information in Airbus A350 TR 113, Issue 1, dated 
August 17, 2018, which introduces updated procedures related to 
inboard aileron fault operations. This may be done by inserting a 
copy of Airbus A350 TR 113, Issue 1, dated August 17, 2018, into the 
existing AFM. When Airbus A350 TR 113, Issue 1, dated August 17, 
2018, has been included in general revisions of the existing AFM, 
the general revisions may be inserted into the existing AFM, 
provided the relevant information in the general revisions is 
identical to that in Airbus A350 TR 113, Issue 1, dated August 17, 
2018, and the TR may be removed. Operate the airplane according to 
the procedures in Airbus A350 TR 113, Issue 1, dated August 17, 
2018. In case any discrepancy is identified between procedures 
displayed on the electronic centralized aircraft monitoring (ECAM) 
and procedures stated in the applicable existing AFM, the existing 
AFM procedures prevail.
    (1) For airplanes modified by Airbus modifications 113758 and 
113760: Within 30 days after the effective date of this AD.
    (2) For airplanes not identified in paragraph (g)(1) of this AD: 
Within 30 days after November 23, 2018 (the effective date of AD 
2018-22-13).

[[Page 51960]]

(h) New Requirement of This AD: Modification

    Within 6 months after the effective date of this AD, do the 
actions specified in paragraphs (h)(1) and (2) of this AD.
    (1) Install the Airbus temporary quick change (ATQC) as 
specified in paragraph (h)(1)(i) or (ii) of this AD, as applicable.
    (i) For airplanes with flight warning system (FWS) standard S4/
2.0: Install ATQC standard V4 for FWS standard S4/2.0, in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A350-31-P028, dated September 17, 2018.
    (ii) For airplanes with FWS standard S5/2.2: Install ATQC 
standard V4 for FWS standard S5/2.2, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A350-31-P029, 
dated September 17, 2018. After installation of ATQC standard V4, 
ATQC standard V5 for FWS standard S5/2.2 may be installed, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A350-31-P032, dated February 28, 2019.
    (2) Activate ECAM temporary change code No. 27AF, in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A350-31-P030, dated September 17, 2018.

(i) Other FAA AD Provisions

    (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 (j)(2) of this AD. Information 
may be emailed to 9-ANM-116-AMOC-REQUESTS@faa.gov.
    (i) 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.
    (ii) AMOCs approved previously for AD 2018-22-13 are approved as 
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, 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 Union 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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0213R1, dated November 9, 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-2019-0193.
    (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.

(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.
    (3) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A350-31-P028, dated September 17, 
2018.
    (ii) Airbus Service Bulletin A350-31-P029, dated September 17, 
2018.
    (iii) Airbus Service Bulletin A350-31-P030, dated September 17, 
2018.
    (iv) Airbus Service Bulletin A350-31-P032, dated February 28, 
2019.
    (v) Airbus A350 Temporary Revision (TR) 113, Issue 1, dated 
August 17, 2018.
    (4) 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 continued-airworthiness.a350@airbus.com; 
internet http://www.airbus.com.
    (5) 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.
    (6) 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, email fedreg.legal@nara.gov, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on August 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-21241 Filed 9-30-19; 8:45 am]
BILLING CODE 4910-13-P


