[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Rules and Regulations]
[Pages 27506-27508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12352]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0405; Product Identifier 2019-NM-003-AD; Amendment 
39-19647; AD 2019-11-01]
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 superseding Airworthiness Directive (AD) 2018-25-12, 
which applied to certain Airbus SAS Model A350-941 airplanes. AD 2018-
25-12 required modifying the vertical tail plane (VTP) tension bolts 
connection by adding sealant and protective treatment to the head of 
the connection, at the barrel nut cavities, and in the surrounding 
area. Since we issued AD 2018-25-12, it was determined that the 
instructions for certain airplanes are unclear for proper 
accomplishment of the required modification. This AD, for certain 
airplanes, requires accomplishing a revised modification and, for 
certain other airplanes, retains the modification required by AD 2018-
25-12, as specified in an European Aviation Safety Agency (EASA) AD, 
which will be incorporated by reference. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD becomes effective June 28, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 28, 
2019.
    We must receive comments on this AD by July 29, 2019.

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 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For the material incorporated by reference (IBR) in this AD, 
contact the EASA, at 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.

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-
0405; 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 (phone: 800-647-
5527) is listed above. 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

    We issued AD 2018-25-12, Amendment 39-19523 (83 FR 64230, December 
14, 2018) (``AD 2018-25-12''), which applied to certain Airbus SAS 
Model A350-941 airplanes. AD 2018-25-12 required modifying the VTP 
tension bolts connection by adding sealant and protective treatment to 
the head of the connection, at the barrel nut cavities, and in the 
surrounding area. AD 2018-25-12 resulted from a determination that 
certain holes for the VTP tension bolts connection are not properly 
protected against corrosion. We issued AD 2018-25-12 to address 
corrosion of the VTP tension bolts connection, which could reduce the 
structural integrity of the VTP, and could ultimately lead to reduced 
controllability of the airplane.

Actions Since AD 2018-25-12 Was Issued

    Since we issued AD 2018-25-12, it was determined that the 
instructions for certain airplanes (Group 2 airplanes as identified in 
the EASA AD identified below), are unclear for proper accomplishment of 
the required modification.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0290, dated December 21, 2018 
(``EASA AD 2018-0290'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A350-941 airplanes. The MCAI 
states:

    It was identified that the section 19 holes for the Vertical 
Tail Plane (VTP) tension bolts connection are not properly protected 
against corrosion.
    This condition, if not corrected, could reduce the structural 
integrity of the VTP.
    To address this unsafe condition, Airbus developed production 
mod 108307 and mod 110696 to improve protection against corrosion, 
and issued the SB [service bulletin] to provide in-service 
modification instructions. Consequently, EASA issued AD 2018-0045 
[which corresponds to FAA 2018-25-12] to require a modification by 
adding sealant and protective treatment to the head of the section 
19 VTP tension bolts connection, at the barrel nut cavities and in 
the surrounding area.
    Since that [EASA] AD was issued, it was identified that the 
instructions for Group 2 aeroplanes, as identified in the SB, were 
not clear enough for proper accomplishment. Consequently, Airbus 
published Revision 01 of the SB to clarify those instructions for 
Group 2 aeroplanes.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2018-0045, which is superseded, and 
requires, for Group 2 aeroplanes, accomplishment of the modification 
in accordance with the instructions of Revision 01 of the SB.

    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-
0405.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2018-25-12, this AD retains certain requirements of AD 2018-25-12 with 
clarified instructions. Those requirements are referenced in EASA AD 
2018-0290, which, in turn, is referenced in paragraph (g) of this AD.

[[Page 27507]]

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0290 describes procedures for implementing the means 
to protect the section 19 VTP frames connections (by modifying the VTP 
tension bolts connection by adding sealant and protective treatment to 
the head of the connection, at the barrel nut cavities, and in the 
surrounding area). 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

    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 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 accomplishing the actions specified in EASA AD 
2018-0290 described previously, through the incorporation by reference 
of EASA AD 2018-0290, except for any differences identified as 
exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA 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. As a result, 
EASA AD 2018-0290 is incorporated by reference in the FAA final rule. 
This AD, therefore, requires compliance with the provisions specified 
in EASA AD 2018-0290, except for any differences identified as 
exceptions in the regulatory text of this AD. Service information 
specified in EASA AD 2018-0290 that is required for compliance with 
EASA AD 2018-0290 is available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0405.

FAA's Justification and Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary. 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-2019-0405; Product 
Identifier 2019-NM-003-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

    Currently, there are no U.S.-registered airplanes. If an affected 
airplane is imported and placed on the U.S. Register in the future, we 
provide the following cost estimates to comply with this AD:

                  Estimated Costs for Required Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
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48 work-hour x $85 per hour = $4,080..          $9,200          $13,280
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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. We do not control warranty coverage for affected 
individuals. As a result, we have included all known costs in our 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.
    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

[[Page 27508]]

    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 removing Airworthiness Directive (AD) 
2018-25-12, Amendment 39-19523 (83 FR 64230, December 14, 2018), and 
adding the following new AD:

2019-11-01 Airbus SAS: Amendment 39-19647; Docket No. FAA-2019-0405; 
Product Identifier 2019-NM-003-AD.

(a) Effective Date

    This AD becomes effective June 28, 2019.

(b) Affected ADs

    This AD replaces AD 2018-25-12, Amendment 39-19523 (83 FR 64230, 
December 14, 2018) (``AD 2018-25-12'').

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes, 
certificated in any category, as identified in European Aviation 
Safety Agency (EASA) AD 2018-0290, dated December 21, 2018 (``EASA 
AD 2018-0290'').

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by a determination that certain holes for 
the vertical tail plane (VTP) tension bolts connection are not 
properly protected against corrosion. We are issuing this AD to 
address corrosion of the VTP tension bolts connection, which could 
reduce the structural integrity of the VTP, and could ultimately 
lead to reduced controllability 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, EASA AD 2018-0290.

(h) Exceptions to EASA AD 2018-0290

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2018-0290 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) Where EASA AD 2018-0290 refers to a compliance time after 
March 1, 2018, this AD requires using January 18, 2019 (the 
effective date of AD 2018-25-12).
    (3) The ``Remarks'' section of EASA AD 2018-0290 does not apply 
to this AD.

(i) 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 (j) 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 2018-0290 that contains RC procedures and 
tests: Except as required by paragraph (i)(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.

(j) 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; 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.
    (i) European Aviation Safety Agency (EASA) AD 2018-0290, dated 
December 21, 2018.
    (ii) [Reserved]
    (3) For EASA AD 2018-0290, 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.
    (4) You may view this EASA AD 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. EASA AD 
2018-0290 may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0405.
    (5) 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 May 29, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-12352 Filed 6-12-19; 8:45 am]
 BILLING CODE 4910-13-P


