[Federal Register Volume 85, Number 98 (Wednesday, May 20, 2020)]
[Rules and Regulations]
[Pages 30601-30604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10629]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0452; Product Identifier 2020-NM-062-AD; Amendment 
39-19910; AD 2020-09-14]
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: The FAA is superseding Airworthiness Directive (AD) 2020-03-
12, which applied to all Airbus SAS Model A350-941 and -1041 airplanes. 
AD 2020-03-12 required revising the existing airplane flight manual 
(AFM) to define a liquid-prohibited zone in the flight deck and provide 
procedures following liquid spillage on the center pedestal. This AD 
continues to require revising the existing AFM, and also requires 
installing a removable integrated control panel (ICP) cover in the 
flight deck and further revising the AFM to include instructions for 
ICP cover use, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference. This AD was prompted by 
the FAA's determination that a removable integrated control panel (ICP) 
cover must be installed to prevent damage from spillage and that the 
existing AFM must be revised. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD becomes effective June 4, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 4, 
2020.
    The FAA must receive comments on this AD by July 6, 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 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, 
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-2020-0452.

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-
0452; 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, 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.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued AD 2020-03-12, Amendment 39-19837 (85 FR 7863, 
February 12, 2020) (``AD 2020-03-12''), which applied to all Airbus SAS 
Model A350-941 and -1041 airplanes. AD 2020-03-12 required revising the 
existing AFM to define a liquid-prohibited zone in the flight deck and 
provide procedures following liquid spillage on the center pedestal. 
The FAA issued AD 2020-03-12 to address the potential for dual-engine 
uncommanded engine inflight shutdown (IFSD), possibly resulting in a 
forced landing with consequent damage to the airplane and injury to 
occupants.

Actions Since AD 2020-03-12 Was Issued

    Since the FAA issued AD 2020-03-12, Airbus developed mod 116010, 
introducing a removable cover for the ICP, which protects the ICP 
completely, including engine master levers, thumbwheels, and rotary 
knob, and provided modification instructions. Airbus also published a 
new AFM temporary revision (TR) defining a liquid-prohibited zone in 
the cockpit, procedures for ICP removable cover use, and the procedures 
to be followed in the case of inadvertent liquid spillage on the center 
pedestal. The FAA has determined that the removable ICP cover must be 
installed and the existing AFM must be revised to include these new 
procedures.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0090, dated April 20, 2020 
(``EASA AD 2020-0090'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A350-941 and -1041 airplanes. 
EASA AD 2020-0090 supersedes EASA Emergency AD 2020-0020-E, dated 
February 5, 2020, corrected February 6, 2020 (which corresponds to FAA 
AD 2020-03-12).
    This AD was prompted by two reports of abnormal operation of the 
components of the ENG START panel or Electronic Centralized Aircraft 
Monitoring (ECAM) Control Panel (ECP) due to liquid spillage in the 
system, and the subsequent uncommanded engine IFSD of one engine in 
each case. This AD was also prompted by the FAA's determination that a 
removable integrated control panel (ICP) cover must be installed to 
prevent damage from spillage and that the existing AFM must be revised. 
The FAA is issuing this AD to address the potential for dual-engine 
IFSD, possibly resulting in a forced landing with consequent damage to 
the airplane and injury to occupants. See the MCAI for additional 
background information.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2020-03-12, this AD retains all of the requirements of AD 2020-03-12. 
Those requirements are referenced in EASA AD 2020-0090, which, in turn, 
is referenced in paragraph (g) of this AD.

[[Page 30602]]

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0090 describes procedures for installation of the ICP 
removable cover in the cockpit and amendment of the AFM to define a 
liquid-prohibited zone in the cockpit, provide procedures for ICP 
removable cover use, and provide procedures following liquid spillage 
on the center pedestal. 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 the FAA's 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 issuing this AD because the FAA has 
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 
2020-0090 described previously, as incorporated by reference, 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 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, in EASA AD 2020-
0090 is incorporated by reference in this AD. This AD, therefore, 
requires compliance with EASA AD 2020-0090 in its entirety, through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this 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 2020-0090 that is 
required for compliance with EASA AD 2020-0090 is available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-0452.

Interim Action

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

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 abnormal operation of the components of the ENG START panel or 
ECP due to liquid spillage in the system could result in dual-engine 
IFSD, possibly resulting in a forced landing with consequent damage to 
the airplane and injury to occupants. Therefore, the FAA finds good 
cause that notice and opportunity for prior public comment are 
impracticable. In addition, for the reasons stated above, the FAA finds 
that good cause exists for making this amendment effective in less than 
30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites 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-2020-0452; 
Product Identifier 2020-NM-062-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. The FAA will 
consider all comments received by the closing date and may amend this 
AD 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 received about this AD.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                Actions                        Labor cost           Parts cost        product        operators
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Retained actions from AD 2020-03-12...  1 work-hour x $85 per                 $0             $85          $1,105
                                         hour = $85.
New actions...........................  2 work-hours x $85 per               * 0             170           2,210
                                         hour = $170.
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* The FAA has received no definitive data regarding cost estimates for these parts.

    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 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.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under

[[Page 30603]]

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 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; and
    (2) Will not affect intrastate aviation in Alaska.

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) 
2020-03-12, Amendment 39-19837 (85 FR 7863, February 12, 2020), and 
adding the following new AD:

2020-09-14 Airbus SAS: Amendment 39-19910; Docket No. FAA-2020-0452; 
Product Identifier 2020-NM-062-AD.

(a) Effective Date

    This AD becomes effective June 4, 2020.

(b) Affected ADs

    This AD replaces AD 2020-03-12, Amendment 39-19837 (85 FR 7863, 
February 12, 2020) (``AD 2020-03-12'').

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2020-0090, dated April 20, 
2020 (``EASA AD 2020-0090'').

(d) Subject

    Air Transport Association (ATA) of America Code 31, Instruments.

(e) Reason

    This AD was prompted by two reports of abnormal operation of the 
components of the ENG START panel or Electronic Centralized Aircraft 
Monitoring (ECAM) Control Panel (ECP) due to liquid spillage in the 
system, and the subsequent uncommanded engine inflight shutdown 
(IFSD) of one engine in each case. This AD was also prompted by the 
FAA's determination that a removable integrated control panel (ICP) 
cover must be installed to prevent damage from spillage and the 
existing AFM must be revised. The FAA is issuing this AD to address 
the potential for dual-engine IFSD, possibly resulting in a forced 
landing with consequent damage to the airplane and injury to 
occupants.

(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 2020-0090.

(h) Exceptions to EASA AD 2020-0090

    (1) Where EASA AD 2020-0090 refers to ``the effective date of 
EASA AD 2020-0020-E,'' this AD requires using February 14, 2020 (the 
effective date of AD 2020-03-12).
    (2) Where EASA AD 2020-0090 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) ``Note 1'' of EASA AD 2020-0090 does not apply to this AD. 
However, after the actions required by paragraph (g) of this AD have 
been accomplished on an airplane, that airplane may be operated with 
a damaged or missing ICP removable cover, provided provisions that 
address the ICP removable cover are included in the operator's 
approved minimum equipment list (MEL).
    (4) The ``Remarks'' section of EASA AD 2020-0090 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, 
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 Large Aircraft Section, International Validation 
Branch, 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.
    (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 2020-03-12 are approved as 
AMOCs for the corresponding provisions of EASA AD 2020-0090 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 2020-0090 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, Large Aircraft Section, International Validation 
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 Union Aviation Safety Agency (EASA) AD 2020-0090, 
dated April 20, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0090, 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 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-2020-0452.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration

[[Page 30604]]

(NARA). For information on the availability of this material at 
NARA, email fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 6, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-10629 Filed 5-19-20; 8:45 am]
BILLING CODE 4910-13-P


