2020-21543. Airworthiness Directives; Airbus SAS Airplanes  

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    AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    The FAA proposes to supersede Airworthiness Directive (AD) 2020-01-10, which applies to certain Airbus SAS Model A350-941 airplanes. AD 2020-01-10 requires installing flight control and guidance system (FCGS) software (SW) X11 Standard (STD). Since the FAA issued AD 2020-01-10, Airbus has developed a modification that forces the air generation system (AGS) ram air outlet doors to be flush in cases of total engine flameout or loss of the main electrical supply. Because of this additional modification, certain airplanes that were excluded from the applicability of AD 2020-01-10 are included in the applicability of this proposed AD. This proposed AD would retain the requirements of AD 2020-01-10, require modifying the electrical power supply of the AGS ram air outlet door actuators, and expand the applicability by adding airplanes, as specified in a European Union Aviation Safety Agency (EASA) AD, 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 November 16, 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 8999 000; 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-2020-0854.

    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-2020-0854; 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, 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.

    Start Further Info

    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; email Kathleen.Arrigotti@faa.gov.

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    SUPPLEMENTARY INFORMATION:

    Comments Invited

    The FAA invites you to participate in this rulemaking by submitting written comments, data, or views about this proposal. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2020-0854; Project Identifier Start Printed Page 61890MCAI-2020-01067-T” at the beginning of your comments.

    Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments received by the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The FAA may change this NPRM because of those comments.

    Confidential Business Information

    CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to the person identified in the FOR FURTHER INFORMATION CONTACT section. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.

    Discussion

    The FAA issued AD 2020-01-10, Amendment 39-19816 (85 FR 6747, February 6, 2020) (“AD 2020-01-10”), which applies to certain Airbus SAS Model A350-941 airplanes. AD 2020-01-10 requires installing FCGS SW X11 STD. The FAA issued AD 2020-01-10 to address ram air turbine (RAT) performance that may be below the expected (certificated) level when the landing gear is extended. This condition, if not corrected, could lead to partial or total loss of RAT electrical power generation when the RAT is deployed in an emergency situation, possibly resulting in reduced control of the airplane.

    Actions Since AD 2020-01-10 Was Issued

    Since the FAA issued AD 2020-01-10, Airbus has developed a modification that forces the AGS ram air outlet doors to be flush in cases of total engine flameout or loss of the main electrical supply. Because of this additional modification, certain airplanes that were excluded from the applicability of AD 2020-01-10 are included in the applicability of this proposed AD.

    The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2020-0167, dated July 27, 2020 (“EASA AD 2020-0167”) (also referred to as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus A350-941 airplanes. EASA AD 2020-0167 supersedes EASA AD 2019-0203 (which corresponds to FAA AD 2020-01-10).

    This proposed AD was prompted by a determination through testing that RAT performance may be below the expected (certificated) level when the landing gear is extended, and by the development of a modification that forces the AGS ram air outlet doors to be flush in cases of total engine flameout or loss of the main electrical supply. The FAA is proposing this AD to address RAT performance that may be below the expected (certificated) level when the landing gear is extended, which could lead to partial or total loss of RAT electrical power generation when the RAT is deployed in an emergency situation, possibly resulting in reduced control of the airplane. See the MCAI for additional background information.

    Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the requirements of AD 2020-01-10, this proposed AD would retain all of the requirements of AD 2020-01-10. Those requirements are referenced in EASA AD 2020-0167, which, in turn, is referenced in paragraph (g) of this proposed AD.

    Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0167 describes procedures for installing FCGS SW X11 STD and for modifying the electrical power supply of the AGS ram air outlet door actuators. 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 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 proposing this AD because the FAA 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 the actions specified in EASA AD 2020-0167 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 2020-0167 will be incorporated by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2020-0167 in its 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 2020-0167 that is required for compliance with EASA AD 2020-0167 will be available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-0854 after the FAA final rule is published.Start Printed Page 61891

    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

    ActionLabor costParts costCost per productCost on U.S. operators
    Retained actions from AD 2020-01-108 work-hours × $85 per hour = $680$4,650$5,330$69,290
    New proposed actions8 work-hours × $85 per hour = $6801,9502,63034,190

    According to the manufacturer, some or all of the costs of this proposed 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.

    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.

    Start List of Subjects

    List of Subjects in 14 CFR Part 39

    • Air transportation
    • Aircraft
    • Aviation safety
    • Incorporation by reference
    • Safety
    End List of Subjects

    The Proposed Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

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    PART 39—AIRWORTHINESS DIRECTIVES

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    1. The authority citation for part 39 continues to read as follows:

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    Authority: 49 U.S.C. 106(g), 40113, 44701.

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    [Amended]
    Start Amendment Part

    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2020-01-10, Amendment 39-19816 ( 85 FR 6747, February 6, 2020), and adding the following new AD:

    End Amendment Part

    Airbus SAS: Docket No. FAA-2020-0854; Project Identifier MCAI-2020-01067-T.

    (a) Comments Due Date

    The FAA must receive comments by November 16, 2020.

    (b) Affected ADs

    This AD replaces AD 2020-01-10, Amendment 39-19816 (85 FR 6747, February 6, 2020) (“AD 2020-01-10”).

    (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 2020-0167, dated July 27, 2020 (“EASA AD 2020-0167”).

    (d) Subject

    Air Transport Association (ATA) of America Code 21, Air Conditioning; and 42, Flight Control and Guidance System.

    (e) Reason

    This AD was prompted by a determination through testing that ram air turbine (RAT) performance may be below the expected (certificated) level when the landing gear is extended, and by the development of a modification that forces the air generation system (AGS) ram air outlet doors to be flush in cases of total engine flameout or loss of the main electrical supply. The FAA is issuing this AD to address RAT performance that may be below the expected (certificated) level when the landing gear is extended, which could lead to partial or total loss of RAT electrical power generation when the RAT is deployed in an emergency situation, possibly resulting 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, EASA AD 2020-0167.

    (h) Exceptions to EASA AD 2020-0167

    (1) Where EASA AD 2020-0167 refers to its effective date, this AD requires using the effective date of this AD.

    (2) Where EASA AD 2020-0167 refers to September 3, 2019 (the effective date of EASA AD 2019-0203), this AD requires using March 12, 2020 (the effective date of AD 2020-01-10).

    (3) The “Remarks” section of EASA AD 2020-0167 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)(2) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@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, Large Aircraft Section, Start Printed Page 61892International 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 2020-0167 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

    (1) For information about EASA AD 2020-0167, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 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-2020-0854.

    (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; email Kathleen.Arrigotti@faa.gov.

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    Issued on September 23, 2020.

    Lance T. Gant,

    Director, Compliance & Airworthiness Division, Aircraft Certification Service.

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    [FR Doc. 2020-21543 Filed 9-30-20; 8:45 am]

    BILLING CODE 4910-13-P

Document Information

Published:
10/01/2020
Department:
Federal Aviation Administration
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking (NPRM).
Document Number:
2020-21543
Dates:
The FAA must receive comments on this proposed AD by November 16, 2020.
Pages:
61889-61892 (4 pages)
Docket Numbers:
Docket No. FAA-2020-0854, Project Identifier MCAI-2020-01067-T
RINs:
2120-AA64: Airworthiness Directives
RIN Links:
https://www.federalregister.gov/regulations/2120-AA64/airworthiness-directives
Topics:
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety
PDF File:
2020-21543.Pdf
Supporting Documents:
» Airworthiness Directives: Airbus SAS Airplanes
» Supporting AD Documents
» Airworthiness Directives: Airbus SAS Airplanes
CFR: (1)
14 CFR 39.13