[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Rules and Regulations]
[Pages 55495-55498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22565]



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 Rules and Regulations
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  Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / 
Rules and Regulations  

[[Page 55495]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0404; Product Identifier 2019-NM-007-AD; Amendment 
39-19754; AD 2019-20-01]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-26-
07, which applied to all Airbus SAS Model A350-941 and -1041 airplanes. 
AD 2018-26-07 required repetitive greasing of the thrust reverser 
actuators (TRAs), dispatch restrictions, and maintenance procedure 
revisions. This AD requires actions specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
This AD was prompted by the FAA's determination to add a requirement to 
replace the TRAs, which AD 2018-26-07 specified was not required at the 
time to provide the opportunity for the public to comment on the merits 
of that action. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective November 21, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 21, 
2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
January 15, 2019 (83 FR 67677, December 31, 2018).

ADDRESSES: For the material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 89990 1000; email ADs@easa.europa.eu; 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, 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 in the AD docket on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0404.

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-
0404; 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; phone and fax: 206-231-3218.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0234R2, dated September 17, 
2019 (``EASA AD 2018-0234R2'') (referred to after this 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 to supersede AD 2018-26-07, Amendment 39-19538 (83 FR 
67677, December 31, 2018) (``AD 2018-26-07''). AD 2018-26-07 applied to 
all Airbus SAS Model A350-941 and -1041 airplanes. The NPRM published 
in the Federal Register on June 6, 2019 (84 FR 26373). The NPRM was 
prompted by the FAA's determination to add a requirement to replace the 
TRAs, which AD 2018-26-07 specified was not required at the time to 
provide the opportunity for the public to comment on the merits of that 
action. The NPRM proposed to require actions specified in an EASA AD, 
which is incorporated by reference.
    This AD was prompted by reports of TRAs jamming and the 
determination that a one-time replacement of affected TRAs (all part 
numbers) is necessary. We are issuing this AD to address jamming of the 
TRAs, which could lead to an inadvertent thrust reverser sleeve 
deployment, possibly resulting in reduced control or performance of the 
airplane. 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 Change Compliance Time for Replacement of the TRAs

    The Air Line Pilots Association, International (ALPA) stated 
partial agreement with the NPRM, and disagreement with the compliance 
time for replacement of the TRAs. ALPA mentioned that it had commented 
on AD 2018-26-07 that, based on the required inspection intervals of 
the MCAI and the low time of the affected U.S. fleet, the inclusion of 
the TRA replacement would not create an increased financial or undue 
burden. ALPA stated their belief that correlating the compliance time 
to the effective date of the new AD instead of using the effective date 
of AD 2018-26-07 is inadequate.
    The FAA infers that the commenter is requesting a change to the 
compliance time for replacement of the TRAs. The FAA disagrees with the 
commenter's request. As noted in AD 2018-26-07, the FAA could not 
include the replacement in that AD because it was an immediately 
adopted rule and the planned compliance time for the replacement 
allowed enough time to provide notice and opportunity for prior public 
comment on the merits of the replacement. The FAA is now issuing this 
AD to require the replacement.

[[Page 55496]]

    The only compliance time that is based on the effective date of 
this AD is specified in condition 3 in Table 3 of the MCAI. For 
airplanes with condition 3, the compliance time is the later of (A) 
before exceeding 2,400 flight cycles; or (B) within 250 flight cycles 
or 4 months, whichever occurs first after the effective date of this 
AD. Because the U.S. fleet is approximately two years younger than the 
oldest airplane in the global fleet and the affected U.S. airplanes 
have TRAs with a lower flight cycle age, we have determined the 
additional compliance time is appropriate and provides an acceptable 
level of safety. The FAA has not changed this AD in this regard.

Request To Remove Requirement To Change Master Minimum Equipment List 
(MMEL)

    Delta Air Lines (DAL) requested that the FAA remove the requirement 
to change the MMEL in paragraph (h)(4) of the proposed AD. DAL pointed 
out that the updates required by paragraph (h)(4) of the proposed AD 
have been incorporated into the FAA MMEL as of Revision 4. DAL also 
mentioned that the FAA MMEL and the EASA MMEL are not identical. DAL 
stated that the FAA MMEL is more restrictive and does not allow the 
deactivation of both thrust reversers at the same time. DAL also stated 
that the differences, combined with possible future revisions of either 
the FAA MMEL or the EASA MMEL, could lead to confusion. DAL also 
pointed out that U.S. operators must follow the FAA MMEL.
    The FAA agrees for the reasons provided. The FAA has revised 
paragraph (h)(3) of this AD to specify that the MMEL changes specified 
in EASA AD 2018-0234R1 and EASA AD 2018-0234R2 are not required by this 
AD, removed paragraph (h)(4) of this AD, and redesignated subsequent 
paragraphs accordingly.

Changes to This AD

    Since the FAA issued the NPRM, EASA issued AD 2018-0234R2. EASA AD 
2018-0234R2 refines the definition of affected TRAs and introduces a 
longer interval for repetitive greasing of certain affected TRAs. The 
FAA has determined that no additional work is required for airplanes on 
which the requirements specified in EASA AD 2018-0234R1, dated November 
13, 2018 (``EASA AD 2018-0234R1'') have been accomplished. Therefore, 
the agency has revised all applicable sections in this final rule to 
also specify EASA AD 2018-0234R2.
    In addition, the FAA has revised the terminology in paragraph 
(h)(1) of this AD to clarify the retained requirements.

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. 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 2018-0234R2 describes procedures for repetitive greasing of 
the TRAs, maintenance procedure revisions, and replacement of the TRAs, 
among other actions.
    This AD also requires EASA AD 2018-0234R1, which the Director of 
the Federal Register approved for incorporation by reference as of 
January 15, 2019 (83 FR 67677, December 31, 2018).
    These documents are distinct since EASA AD 2018-0234R2 includes 
updated requirements and definitions, and a longer interval for 
repetitive greasing of certain affected TRAs. 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.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, The FAA might consider further rulemaking then.

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              10 work-hours x $85 per              $0             $850           $9,350
 2018[dash]26[dash]07.                 hour = $850.
New actions.........................  12 work-hours x $85 per             (*)          * 1,020         * 11,220
                                       hour = $1,020.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the
  replacement specified in this AD.

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

    We determined that this AD will not have federalism implications 
under

[[Page 55497]]

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) 
2018-26-07, Amendment 39-19538 (83 FR 67677, December 31, 2018), and 
adding the following new AD:

2019-20-01 Airbus SAS: Amendment 39-19754; Docket No. FAA-2019-0404; 
Product Identifier 2019-NM-007-AD.

(a) Effective Date

    This AD is effective November 21, 2019.

(b) Affected ADs

    This AD replaces AD 2018-26-07, Amendment 39-19538 (83 FR 67677, 
December 31, 2018) (``AD 2018-26-07'').

(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 78, Engine 
Exhaust.

(e) Reason

    This AD was prompted by reports of thrust reverser actuators 
(TRAs) jamming and the determination that a one-time replacement of 
affected TRAs (all part numbers) is necessary. The FAA is issuing 
this AD to address jamming of the TRAs, which could lead to an 
inadvertent thrust reverser sleeve deployment, possibly resulting in 
reduced control or performance of the airplane.

(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, the European Union Aviation Safety Agency (EASA) 
ADs specified in paragraph (g)(1) or (2) of this AD.
    (1) EASA AD 2018-0234R1, dated November 13, 2018 (``EASA AD 
2018-0234R1''). All provisions specified in EASA AD 2018-0234R1 
apply in this AD.
    (2) EASA AD 2018-0234R2, dated September 17, 2019 (``EASA AD 
2018-0234R2''). All provisions specified in EASA AD 2018-0234R2 
apply in this AD.

(h) Exceptions to EASA AD 2018-0234R1 and EASA AD 2018-0234R2

    (1) For purposes of determining compliance with the maintenance 
procedure revisions and repetitive TRA greasing requirements of this 
AD: Where EASA AD 2018-0234R1 and EASA AD 2018-0234R2 refer to the 
effective date of EASA AD 2018-0234R1 (November 13, 2018), this AD 
requires using January 15, 2019 (the effective date of AD 2018-26-
07).
    (2) For purposes of determining compliance with the TRA 
replacement requirements of this AD: Where EASA AD 2018-0234R1 and 
EASA AD 2018-0234R2 refer to their effective dates or November 13, 
2018 (the effective date of EASA AD 2018-0234R1), this AD requires 
using the effective date of this AD.
    (3) The master minimum equipment list (MMEL) changes specified 
in paragraph (1) of EASA AD 2018-0234R1 and EASA AD 2018-0234R2 are 
not required by this AD.
    (4) The ``Remarks'' sections of EASA AD 2018-0234R1 and EASA AD 
2018-0234R2 do not apply to this AD.
    (5) Where EASA AD 2018-0234R1 and EASA AD 2018-0234R2 refer to 
the ``the MER,'' that document is not required by this AD, and it is 
not applicable to U.S. operators.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2018-
0234R1 and EASA AD 2018-0234R2 specifies to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

(j) 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 (k) of this AD. Information may 
be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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, International 
Section, Transport Standards 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 2018-0234R1 or EASA AD 2018-0234R2 that 
contains RC procedures and tests: Except as specified by paragraph 
(j)(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.

(k) Related Information

    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; phone and 
fax: 206-231-3218.

(l) 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) The following service information was approved for IBR on 
November 21, 2019.
    (i) European Union Aviation Safety Agency (EASA) AD 2018-0234R2, 
dated September 17, 2019.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
January 15, 2019 (83 FR 67677, December 31, 2018).
    (i) European Aviation Safety Agency (EASA) AD 2018-0234R1, dated 
November 13, 2018.
    (ii) [Reserved]
    (5) For EASA ADs 2018-0234R1 and 2018-0234R2, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email ADs@easa.europa.eu; Internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    Note 1 to paragraph (l)(5): EASA AD 2018-0234R1 can be accessed 
in the zipped file at the bottom of the web page for EASA AD

[[Page 55498]]

2018-0234R2. When EASA posts a revised AD on their website, they 
watermark the previous AD as ``Revised,'' alter the file name by 
adding ``_revised'' to the end, and move it into a zipped file 
attached at the bottom of the AD web page.
    (6) You may view this material 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. AD 
2018-0234R1 and 2018-0234R2 may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0404.
    (7) 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, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on September 3, 2019.
Michael Kaszycki,
Acting Manager, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-22565 Filed 10-16-19; 8:45 am]
 BILLING CODE 4910-13-P


