AD 2019-17-04

[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Rules and Regulations]
[Pages 48047-48050]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-19681]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0672; Product Identifier 2019-NM-100-AD; Amendment 
39-19724; AD 2019-17-04]
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) 2019-06-
09, which applied to certain Airbus SAS Model A350-941 airplanes. AD 
2019-06-09 required repetitive tightness checks of the baby bassinet 
inserts installed on stowages and partitions and, depending on 
findings, accomplishment of applicable corrective actions, as specified 
in a European Aviation Safety Agency (EASA) AD, which was incorporated 
by reference. This new AD continues to require repetitive tightness 
checks of the baby bassinet inserts installed on stowages and 
partitions and, depending on findings, accomplishment of applicable 
corrective actions, and also requires modification of the baby bassinet 
inserts, which constitutes terminating action for the repetitive 
tightness checks; as specified in an EASA AD, which is incorporated by 
reference. This AD was prompted by reports that baby bassinet inserts 
installed on airplane stowages and partitions were found loose because 
a self-securing fixation device (Loctite) had not been applied. The FAA 
is issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective September 27, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
27, 2019.
    The FAA must receive comments on this AD by October 28, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#f2b3b681b297938193dc9787809d8293dc9787"><span class="__cf_email__" data-cfemail="8fcecbfccfeaeefceea1eafafde0ffeea1eafa">[email&#160;protected]</span></a>; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 
<a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2019-0672.

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-2019-
0672; 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 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

    The FAA issued AD 2019-06-09, Amendment 39-19607 (84 FR 14602, 
April 11, 2019) (``AD 2019-06-09''), which applied to certain Airbus 
SAS Model A350-941 airplanes. AD 2019-06-09 was prompted by reports 
that baby bassinet inserts installed on airplane stowages and 
partitions were found loose because a self-securing fixation device 
(Loctite) had not been applied. AD 2019-06-09 required repetitive 
tightness checks of the baby bassinet inserts installed on stowages and 
partitions and, depending on findings, accomplishment of applicable 
corrective actions, as specified in an EASA AD, which was incorporated 
by reference. The FAA issued AD 2019-06-09 to address loose baby 
bassinet inserts, which, if not detected and corrected, could lead to 
detachment of a baby bassinet, possibly resulting in injury to the 
infant or other airplane occupants.

Actions Since AD 2019-06-09 Was Issued

    Since AD 2019-06-09 was issued, the FAA has determined that a 
modification of the baby bassinet inserts installed on stowages and 
partitions is necessary to address the unsafe condition.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0115, dated May 28, 2019 
(``EASA AD 2019-0115'') (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:

    Occurrences were reported where baby bassinet inserts installed 
on Airbus A350

[[Page 48048]]

aeroplane stowages and on partitions were found loose. Further 
investigation identified that a self-securing fixation device 
(Loctite) had not been applied.
    This condition, if not detected and corrected, could lead to 
detachment of a baby bassinet, possibly resulting in injury to the 
infant or other aeroplane occupants.
    To address this potential unsafe condition, Airbus issued the 
original issue of the AOT [Alert Operators Transmission] to provide 
inspection instructions. Consequently, EASA issued AD 2018-0271 
[which corresponds to FAA AD 2019-06-09] to require repetitive 
tightness checks of the baby bassinet inserts installed on stowages 
and partitions and, depending on findings, accomplishment of 
applicable corrective action(s).
    Since that [EASA] AD was issued, Airbus and Diehl Aviation 
developed the applicable [service bulletin] SB, providing 
instructions for modification of the baby bassinet inserts installed 
on stowages and partitions.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2018-0271, which is superseded, and requires 
modification of the baby bassinet inserts installed on stowages and 
partitions.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2019-06-09, this AD retains all requirements of AD 2019-06-09. Those 
requirements are referenced in EASA AD 2019-0115, which, in turn, is 
referenced in paragraph (g) of this AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0115 describes procedures for repetitive tightness 
checks of the baby bassinet inserts installed on stowages and 
partitions and, depending on findings, accomplishment of applicable 
corrective actions, and modification of the baby bassinet inserts, 
which terminates the repetitive tightness checks. 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, and it is publicly available through the EASA 
website.

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 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 issuing this AD because the agency 
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 
2019-0115 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, EASA AD 2019-0115 
is incorporated by reference in the FAA final rule. This AD, therefore, 
requires compliance with the provisions specified in EASA AD 2019-0115, 
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 2019-0115 that is 
required for compliance with EASA AD 2019-0115 is available on the 
internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating 
Docket No. FAA-2019-0672.

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, the FAA finds 
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 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-2019-0672; 
Product Identifier 2019-NM-100-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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>, 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

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

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                 Action                          Labor cost            Parts cost          Cost per product
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2019-06-09....  1 work-hours x $85 per                  $0  $85.
                                          hour = $85.
New actions............................  Up to 3 work-hours x $85                $0  Up to $255.
                                          per hour = Up to $255.
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    The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:

[[Page 48049]]



                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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1 work-hour x $85 per hour = $85......              $0              $85
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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. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the 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 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

    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,
    (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) 
2019-06-09, Amendment 39-19607 (84 FR 14602, April 11, 2019), and 
adding the following new AD:

2019-17-04 Airbus SAS: Amendment 39-19724; Docket No. FAA-2019-0672; 
Product Identifier 2019-NM-100-AD.

(a) Effective Date

    This AD becomes effective September 27, 2019.

(b) Affected ADs

    This AD replaces AD 2019-06-09, Amendment 39-19607 (84 FR 14602, 
April 11, 2019) (``AD 2019-06-09'').

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes, 
certificated in any category, as identified in European Union 
Aviation Safety Agency (EASA) AD 2019-0115, dated May 28, 2019 
(``EASA AD 2019-0115'').

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by reports that baby bassinet inserts 
installed on airplane stowages and partitions were found loose 
because a self-securing fixation device (Loctite) had not been 
applied. The FAA is issuing this AD to address this condition, 
which, if not detected and corrected, could lead to detachment of a 
baby bassinet, possibly resulting in injury to the infant or other 
airplane 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 2019-0115.

(h) Exceptions to EASA AD 2019-0115

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0115 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) Where EASA AD 2019-0115 specifies a date of December 26, 
2018, for this AD use April 26, 2019 (the effective date of AD 2019-
06-09).
    (3) The ``Remarks'' section of EASA AD 2019-0115 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0115 
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: <a href="/cdn-cgi/l/email-protection#c8f1e5898685e5f9f9fee58985878be59a8d999d8d9b9c9b88aea9a9e6afa7be"><span class="__cf_email__" data-cfemail="ad9480ece3e0809c9c9b80ece0e2ee80ffe8fcf8e8fef9feedcbcccc83cac2db">[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 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.

[[Page 48050]]

    (3) Required for Compliance (RC): For any service information 
referenced in EASA AD 2019-0115 that contains RC procedures and 
tests: Except as required 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; telephone 
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.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0115, 
dated May 28, 2019.
    (ii) [Reserved]
    (3) For EASA AD 2019-0115, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; email 
<a href="/cdn-cgi/l/email-protection#e1a0a592a184809280cf8494938e9180cf8494"><span class="__cf_email__" data-cfemail="dc9d98af9cb9bdafbdf2b9a9aeb3acbdf2b9a9">[email&#160;protected]</span></a>; Internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
    (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 
2019-0115 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-
2019-0672.
    (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: <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 August 22, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-19681 Filed 9-11-19; 8:45 am]
 BILLING CODE 4910-13-P