[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Proposed Rules]
[Pages 25345-25348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09140]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0343; Product Identifier 2019-NM-206-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2018-17-05, which applies to all Airbus SAS Model A350-941 and -1041 
airplanes. AD 2018-17-05 requires a check of the insulation resistance 
of the direct drive solenoid valve (DDSOV) of each affected electro-
hydrostatic actuator (EHA) and applicable corrective actions. Since the 
FAA issued AD 2018-17-05, it has been determined that certain EHA part 
numbers can be modified and re-identified as specified in European 
Union Aviation Safety Agency (EASA) AD 2019-0301, dated December 12, 
2019, which would inadvertently remove certain part numbers from the 
applicability in other EHA-related ADs. This proposed AD would require 
a check of the insulation resistance of the DDSOV of each affected EHA 
and applicable corrective actions, and modifying or replacing certain 
EHAs, as specified in two EASA ADs, which will be incorporated by 
reference. The FAA is proposing this AD to address the unsafe condition 
on these products.

DATES: The FAA must receive comments on this proposed AD by June 15, 
2020.

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 https://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 identified in this proposed AD that will be 
incorporated by reference (IBR), 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, Airworthiness Products Section, 
Operational Safety 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 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0343.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0343; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2020-0343; 
Product Identifier 2019-NM-206-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact we receive about this NPRM.

Discussion

    The FAA issued AD 2018-17-05, Amendment 39-19359 (83 FR 40438, 
August 15, 2018) (``AD 2018-17-05''), which applied to all Airbus SAS 
Model A350-941 and -1041 airplanes. AD 2018-17-05 requires a check of 
the insulation resistance of the DDSOV of each affected EHA and 
applicable corrective actions. The FAA issued AD 2018-17-05 to address 
degraded insulation resistance in the DDSOV, due to incorrect sealing 
application, which could lead to the DDSOV being unable to command or 
maintain the EHA in active mode, possibly resulting in reduced control 
of the airplane.

Actions Since AD 2018-17-05 Was Issued

    Since AD 2018-17-05 was issued, it has been determined that certain 
EHA part numbers can be modified and re-identified as described in EASA 
AD 2019-0301, dated December 12, 2019 (``EASA 2019-0301''), which would 
inadvertently remove certain part numbers from the applicability in 
other EHA-related ADs. Therefore, EASA issued AD 2020-0027R1, dated 
February 21, 2020 (``EASA AD 2020-0027R1''), to revise the definition 
of an affected EHA.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0301 and EASA AD 2020-0027R1 
(these ADs are also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A350-941 and -1041 airplanes. EASA 
AD 2020-0027R1 supersedes EASA AD 2018-0141, dated July 3, 2018 (which 
corresponds to FAA AD 2018-17-05).
    In addition to the determination that certain EHA part numbers 
might have been inadvertently removed from the actions required by AD 
2018-17-05, this proposed AD was prompted by reports of EHA units that 
were returned to the manufacturer with degraded insulation resistance 
in the DDSOV; investigation results revealed that moisture ingress, due 
to incorrect sealing application, had caused this degradation. This AD 
was also prompted by a report of a technical issue detected on EHAs 
installed on inboard ailerons and elevators, causing potential 
erroneous monitoring of those actuators. The FAA is proposing this AD 
to address degraded insulation resistance, which could lead to the 
DDSOV being unable to command or maintain the EHA in active mode, and 
possibly result in reduced control of the

[[Page 25346]]

airplane. The FAA is also proposing this AD to address the possibility 
of an in-flight loss of inboard aileron or elevator control, which, due 
to the resulting drag, would lead to increased fuel consumption, and 
when combined with one engine inoperative, could result in reduced 
control of the airplane. See the MCAI for additional background 
information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0301 describes, among other actions, procedures for 
modifying or replacing affected EHAs. In addition, EASA AD 2020-0027R1 
describes procedures for a check of the insulation resistance of the 
DDSOV of each affected EHA (installed on inboard ailerons, elevators, 
and rudder) and applicable corrective actions (replacing or 
reidentifying the affected EHA). 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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to a bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the agency 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing certain actions 
specified in EASA AD 2019-0301 and the actions specified in EASA AD 
2020-0027R1, described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD and except as discussed under ``Differences Between this 
Proposed AD and the MCAI.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially 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. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2019-0301 
and EASA AD 2020-0027R1 will be incorporated by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2019-0301 and EASA AD 2020-0027R1 in their entirety, through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this proposed AD. Using common terms that are 
the same as the heading of a particular section in the EASA AD does not 
mean that operators need comply only with that section. For example, 
where the AD requirement refers to ``all required actions and 
compliance times,'' compliance with this AD requirement is not limited 
to the section titled ``Required Action(s) and Compliance Time(s)'' in 
the EASA AD. Service information specified in EASA AD 2019-0301 and 
EASA AD 2020-0027R1 that is required for compliance with EASA AD 2019-
0301 and EASA AD 2020-0027R1 will be available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0343 after the FAA final rule is published.

Differences Between This Proposed AD and the MCAI

    EASA AD 2019-0301 requires the accomplishment of paragraphs (1) 
through (6). However, this AD only requires the accomplishment of 
paragraphs (5) and (6) of EASA AD 2019-0301. Paragraphs (1) through (4) 
of EASA AD 2019-0301 are addressed in FAA AD 2019-16-08, Amendment 39-
19711 (84 FR 51957, October 1, 2019), which requires revising the 
airplane flight manual (AFM) to provide the flightcrew with updated 
procedures related to inboard aileron fault operations, 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.

Clarification of a Definition in EASA AD 2020-0027R1

    For EASA AD 2020-0027R1, all serial numbers listed in the 
``applicable SB'' are included in the definition of ``affected EHA'' 
regardless of the associated part numbers that are also listed in the 
``applicable SB.''

Costs of Compliance

    The FAA estimates that this proposed AD affects 13 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
New proposed actions.............  Up to 28 work-hours           ** $0  Up to $2,380.......  Up to $30,940.
                                    x $85 per hour =
                                    $2,380.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.
** The FAA has received no definitive date on the parts cost for the modification or replacement specified in
  this proposed AD.

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the proposed reporting requirement in this proposed AD. 
The average labor rate is $85 per hour. Based on these figures, the FAA 
estimates the cost of reporting the inspection results on U.S. 
operators to be $1,105, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 28 work-hours x $85 per     Up to $518,314....  Up to $520,694.
 hour = $2,380.
------------------------------------------------------------------------


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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this proposed AD 
is 2120-0056. The paperwork cost associated with this proposed AD has 
been detailed in the Costs of Compliance section of this document and 
includes time for reviewing instructions, as well as completing and 
reviewing the collection of information. Therefore, all reporting 
associated with this proposed AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to Information Collection Clearance Officer, Federal 
Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-
1524.

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.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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) 
2018-17-05, Amendment 39-19359 (83 FR 40438, August 15, 2018), and 
adding the following new AD:

Airbus SAS: Docket No. FAA-2020-0343; Product Identifier 2019-NM-
206-AD.

(a) Comments Due Date

    We must receive comments by June 15, 2020.

(b) Affected ADs

    This AD replaces AD 2018-17-05, Amendment 39-19359 (83 FR 40438, 
August 15, 2018) (``AD 2018-17-05'').

(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 27, Flight 
controls.

(e) Reason

    This AD was prompted by reports of electro-hydrostatic actuator 
(EHA) units that were returned to the manufacturer with degraded 
insulation resistance in the direct drive solenoid valve (DDSOV); 
investigation results revealed that moisture ingress, due to 
incorrect sealing application, had caused this degradation. This AD 
was also prompted by a report of a technical issue detected on EHAs 
installed on inboard ailerons and elevators, causing potential 
erroneous monitoring of those actuators. The FAA is issuing this AD 
to address degraded insulation resistance, which could lead to the 
DDSOV being unable to command or maintain the EHA in active mode, 
and possibly result in reduced control of the airplane. The FAA is 
also issuing this AD to address the possibility of an in-flight loss 
of inboard aileron or elevator control, which, due to the resulting 
drag, would lead to increased fuel consumption, and when combined 
with one engine inoperative, could result in reduced control 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, European Union Aviation Safety Agency (EASA) AD 
2020-0027R1, dated February 21, 2020 (``EASA AD 2020-0027R1'') and 
EASA AD 2019-0301, dated December 12, 2019 (``EASA AD 2019-0301'').

(h) Exceptions and Clarifications to EASA AD 2019-0301 and EASA AD 
2020-0027R1

    (1) Where EASA AD 2019-0301 and EASA AD 2020-0027R1 refer to 
their effective date, this AD requires using the effective date of 
this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0301 and EASA AD 
2020-0027R1 do not apply to this AD.
    (3) Where EASA AD 2019-0301 requires the accomplishment of 
paragraphs (1) through (6), this AD only requires the accomplishment 
of paragraphs (5) and (6).
    (4) Paragraph (6) of EASA AD 2020-0027R1 specifies to report 
insulation check results (e.g., results of the detailed inspection 
of the insulation resistance) to Airbus within a certain compliance 
time. For this AD, report inspection results at the applicable time 
specified in paragraph (h)(4)(i) or (ii) of this AD.
    (i) If the insulation check was done on or after the effective 
date of this AD: Submit the report within 30 days after the 
insulation check.
    (ii) If the insulation check was done before the effective date 
of this AD: Submit the report within 30 days after the effective 
date of this AD.
    (5) EASA AD 2020-0027R1 includes a definition for ``affected 
EHA'' that specifies ``as listed by serial number in the applicable 
SB.'' All serial numbers listed in the ``applicable SB'' are 
included in the definition of ``affected EHA'' regardless of the 
associated part numbers that are also listed in the ``applicable 
SB.''
    (6) For any service information referenced in EASA AD EASA AD 
2019-0301 that specifies to return parts to the manufacturer, that 
action is not required by this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation 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

[[Page 25348]]

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 2018-17-05, Amendment 39-
19359 (83 FR 40438, August 15, 2018), are approved as AMOCs for the 
corresponding provisions of EASA AD 2020-0027 R1 that are required 
by paragraph (g) of this AD.
    (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, Large Aircraft 
Section, International Validation 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 2020-0027R1 and paragraphs (5) and (6) of EASA 
AD 2019-0301 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.
    (4) Paperwork Reduction Act Burden Statement: A federal agency 
may not conduct or sponsor, and a person is not required to respond 
to, nor shall a person be subject to a penalty for failure to comply 
with a collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
All responses to this collection of information are mandatory as 
required by this AD; the nature and extent of confidentiality to be 
provided, if any. Send comments regarding this burden estimate or 
any other aspect of this collection of information, including 
suggestions for reducing this burden to Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

(j) Related Information

    (1) For information about EASA AD 2020-0027R1 and EASA AD 2019-
0301, 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. You may view this material at 
the FAA, Airworthiness Products Section, Operational Safety Branch, 
2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. This 
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0343.
    (2) For more information about this AD, contact Kathleen 
Arrigotti, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3218; Kathleen.Arrigotti@faa.gov.

    Issued on April 23, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-09140 Filed 4-30-20; 8:45 am]
 BILLING CODE 4910-13-P


