AD 2019-03-11

[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Rules and Regulations]
[Pages 5584-5586]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-02924]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0508; Product Identifier 2018-NM-012-AD; Amendment 
39-19563; AD 2019-03-11]
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: We are adopting a new airworthiness directive (AD) for certain 
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by 
a determination that more restrictive maintenance requirements and 
airworthiness limitations are necessary. This AD requires revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive maintenance requirements and 
airworthiness limitations. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective March 29, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 29, 
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 <a href="/cdn-cgi/l/email-protection#c0a3afaeb4a9aeb5a5a4eda1a9b2b7afb2b4a8a9aea5b3b3eea1f3f5f080a1a9b2a2b5b3eea3afad"><span class="__cf_email__" data-cfemail="caa9a5a4bea3a4bfafaee7aba3b8bda5b8bea2a3a4afb9b9e4abf9fffa8aaba3b8a8bfb9e4a9a5a7">[email&#160;protected]</span></a>; internet <a href="http://www.airbus.com">http://www.airbus.com</a>. 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. It is also 
available on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2018-0508.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0508; 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 (phone: 800-647-
5527) 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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Airbus SAS Model 
A350-941 airplanes. The NPRM published in the Federal Register on June 
11, 2018 (83 FR 26884). The NPRM was prompted by a determination that 
more restrictive maintenance requirements and airworthiness limitations 
are necessary. The NPRM proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive maintenance requirements and airworthiness 
limitations.
    We issued a supplemental NPRM (SNPRM) to amend 14 CFR part 39 by 
adding an AD that would apply to certain Airbus SAS Model A350-941 and 
-1041 airplanes. The SNPRM published in the Federal Register on 
November 6, 2018 (83 FR 55496). We issued the SNPRM because the service 
information referenced in the NPRM had been further revised to include 
new or more restrictive maintenance requirements and airworthiness 
limitations. We also revised the applicability of the proposed AD by 
adding Airbus SAS Model A350-1041 airplanes.
    We are issuing this AD to address safety-significant latent 
failures that would, in combination with one or more other specific 
failures or events, result in a hazardous or catastrophic failure 
condition.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0179, dated August 23, 2018, to correct an unsafe condition on all 
Airbus SAS Model A350-941 and -1041 airplanes. EASA AD 2018-0179 
states:

    Certification Maintenance Requirements (CMR) for the Airbus 
A350, which are approved by EASA, are currently defined and 
published in the Airbus A350 ALS [Airworthiness Limitations Section] 
Part 3 document. These instructions have been

[[Page 5585]]

identified as mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    EASA previously issued AD 2018-0004 to require the actions as 
specified in Airbus A350 ALS Part 3 Revision 04.
    Since this [EASA] AD was issued, Airbus published variation 4.2 
of Airbus A350 ALS Part 3, to introduce new and more restrictive 
CMRs.
    For the reason described above, this [EASA] AD requires 
accomplishment of the actions specified in the ALS.

    EASA previously issued AD 2018-0004, dated January 9, 2018, to 
correct an unsafe condition on all Airbus SAS Model A350-941 airplanes. 
EASA AD 2018-0004 states:

    Certification Maintenance Requirements (CMR) for the Airbus 
A350, which are approved by EASA, are currently defined and 
published in the Airbus A350 ALS Part 3 document. These instructions 
have been identified as mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    EASA previously issued AD 2017-0029 to require the actions as 
specified in Airbus A350 ALS Part 3 Revision 03.
    Since this [EASA] AD was issued, Airbus published Revision 04 of 
Airbus A350 ALS Part 3, to introduce new and more restrictive CMRs.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2017-0029, which is superseded, and requires 
accomplishment of the actions specified in the ALS.

    EASA ADs 2018-0004 and 2018-0179 are collectively referred to after 
this as the Mandatory Continuing Airworthiness Information, or ``the 
MCAI''.
    You may examine the MCAI in the AD docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0508.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comment received on the 
SNPRM and the FAA's response to that comment.

Support for the SNPRM

    An anonymous commenter stated support for the SNPRM.

Request To Clarify the Cost of Compliance

    The anonymous commenter wondered how the total cost of $7,650 per 
worker was reached and expressed concern that the cost would create 
inefficient use of workers' time if they are checking the airplane more 
than they should be.
    From these statements, we infer that the commenter was requesting 
that we clarify the proposed Costs of Compliance. We agree to clarify 
the Costs of Compliance in this final rule. As we explained in the 
Costs of Compliance section, the cost estimate comes from the $85 per 
work-hour labor rate multiplied by the 90 work-hours for incorporating 
the new, more restrictive maintenance requirements and airworthiness 
limitations into the operator's maintenance or inspection program, 
although this figure may vary from operator to operator. In the past, 
we have estimated that this action takes 1 work-hour per airplane. 
Since operators incorporate maintenance or inspection program changes 
for their affected fleet(s), we have determined that a per-operator 
estimate is more accurate than a per-airplane estimate. The cost does 
not include the estimated time for each inspection because this AD only 
requires revisions to certain operator maintenance documents to include 
new actions (e.g., inspections). Compliance with these actions is 
required by 14 CFR 91.403(c). We have not changed this final rule in 
this regard.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this final rule as proposed, except for minor editorial changes. We 
have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
SNPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued A350 Airworthiness Limitations Section (ALS) Part 
3, Certification Maintenance Requirements (CMR), Revision 04, dated 
December 15, 2017, as supplemented by Airbus A350 ALS Part 3, 
Certification Maintenance Requirements (CMR), Variation 4.2, dated July 
26, 2018. These documents describe mandatory maintenance requirements 
and airworthiness limitations that operators must perform at specified 
intervals. 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.

Costs of Compliance

    We estimate that this AD affects 11 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD. We have 
determined that revising the existing maintenance or inspection program 
takes an average of 90 work-hours per operator, although this figure 
may vary from operator to operator. In the past, we have estimated that 
this action takes 1 work-hour per airplane. Since operators incorporate 
maintenance or inspection program changes for their affected fleet(s), 
we have determined that a per-operator estimate is more accurate than a 
per-airplane estimate. Therefore, we estimate the total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

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

    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

[[Page 5586]]

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
    (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 adding the following new airworthiness 
directive (AD):

2019-03-11 Airbus SAS: Amendment 39-19563; Docket No. FAA-2018-0508; 
Product Identifier 2018-NM-012-AD.

(a) Effective Date

    This AD is effective March 29, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, with an original 
certificate of airworthiness or original export certificate of 
airworthiness issued on or before July 26, 2018.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that more restrictive 
maintenance requirements and airworthiness limitations are 
necessary. We are issuing this AD to address safety-significant 
latent failures that would, in combination with one or more other 
specific failures or events, result in a hazardous or catastrophic 
failure condition.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate Airbus A350 Airworthiness Limitations Section (ALS) Part 
3, Certification Maintenance Requirements (CMR), Revision 04, dated 
December 15, 2017, as supplemented by Airbus A350 ALS Part 3, 
Certification Maintenance Requirements (CMR), Variation 4.2, dated 
July 26, 2018. The initial compliance time for accomplishing the 
actions is at the applicable times specified in Airbus A350 
Airworthiness Limitations Section (ALS) Part 3, Certification 
Maintenance Requirements (CMR), Revision 04, dated December 15, 
2017, as supplemented by Airbus A350 ALS Part 3, Certification 
Maintenance Requirements (CMR), Variation 4.2, dated July 26, 2018; 
or within 90 days after the effective date of this AD; whichever 
occurs later.

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals, may be used unless the 
actions or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (i)(1) of 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)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#734a5e323d3e5e4242455e323e3c305e2136222636202720331512125d141c05"><span class="__cf_email__" data-cfemail="e5dcc8a4aba8c8d4d4d3c8a4a8aaa6c8b7a0b4b0a0b6b1b6a5838484cb828a93">[email&#160;protected]</span></a>. 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 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 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 2018-0179, dated August 23, 2018; and EASA AD 2018-
0004, dated January 9, 2018, for related information. This MCAI may 
be found in the AD docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2018-0508.
    (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.
    (i) Airbus A350 Airworthiness Limitations Section (ALS) Part 3, 
Certification Maintenance Requirements (CMR), Revision 04, dated 
December 15, 2017.
    (ii) Airbus A350 ALS Part 3, Certification Maintenance 
Requirements (CMR), Variation 4.2, dated July 26, 2018.
    (3) 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 <a href="/cdn-cgi/l/email-protection#bfdcd0d1cbd6d1cadadb92ded6cdc8d0cdcbd7d6d1dacccc91de8c8a8fffded6cdddcacc91dcd0d2"><span class="__cf_email__" data-cfemail="7f1c10110b16110a1a1b521e160d08100d0b1716111a0c0c511e4c4a4f3f1e160d1d0a0c511c1012">[email&#160;protected]</span></a>; 
internet <a href="http://www.airbus.com">http://www.airbus.com</a>.
    (4) 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.
    (5) 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, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Des Moines, Washington, on February 7, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-02924 Filed 2-21-19; 8:45 am]
 BILLING CODE 4910-13-P