[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Rules and Regulations]
[Pages 63434-63438]
[FR Doc No: 2020-22243]

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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; Amendment
39-21272; AD 2020-20-16]
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: The FAA is superseding Airworthiness Directive (AD) 2018-17-
05, which applied to all Airbus SAS

Model A350-941 and -1041 airplanes. AD 2018-17-05 required 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 was
determined that certain EHA part numbers can be modified and re-
identified as specified in a European Union Aviation Safety Agency
(EASA) AD, which could inadvertently remove certain part numbers from
the applicability in other EHA-related ADs including AD 2018-17-05.
This 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. This AD requires a check of the insulation
resistance of the DDSOV of each affected EHA and applicable corrective
actions, and modification or replacement of certain EHAs; as specified
in two EASA ADs, which are incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective November 12, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 12,
2020.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>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<PHONE_NUMBER>. 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 final rule, any comments received, and other information. The
address for Docket Operations 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, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0301, dated December 12, 2019
(``EASA 2019-0301''); and EASA AD 2020-0027R1, dated February 21, 2020
(``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, Amendment 39-19359 (83
FR 40438, August 15, 2018) (``AD 2018-17-05'')).
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2018-17-05. The NPRM published in the
Federal Register on May 1, 2020 (85 FR 25345).
    AD 2018-17-05 applied to all Airbus SAS Model A350-941 and -1041
airplanes and addressed 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. Since AD 2018-17-05 was
issued, it has been determined that certain EHA part numbers can be
modified and reidentified as described in EASA AD 2019-0301, which
would inadvertently remove certain part numbers from the applicability
in other EHA-related ADs. Therefore, EASA issued AD 2020-0027R1 to
revise the definition of an affected EHA.
    In addition to the determination that certain EHA part numbers
might have been inadvertently removed from the actions required by AD
2018-17-05, the NPRM 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. The NPRM
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 NPRM proposed to require a
check of the insulation resistance of the DDSOV of each affected EHA
and applicable corrective actions, and modification or replacement of
certain EHAs, as specified in EASA AD 2019-0301 and EASA AD 2020-
0027R1.
    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. See the MCAI for additional
background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) stated its
support for the NPRM.

Request to Use Technical Adaptions for EASA AD 2019-0301

    Delta Airlines (DAL) requested that the proposed AD include Airbus
Technical Adaptations 80602190/058/2020 and 80602190/059/2020 approved
by the EASA Design Organization Approval (DOA) (EASA.21J.031) as an
approved method of compliance to correct the errors identified in
certain service information specified in EASA AD 2019-0301. DAL also
requested, or allow the accomplishment of maintenance procedure (MP)
tasks A350-A-27-14-XX-0A003-345A-A in lieu of testing step 3.E.(b),
option 1, as an alternative means of compliance with Airbus Service
Bulletin A350-27-P034, Revision 01, dated April 8, 2020; and MP task
A350-A-27-34-XX-08003-345A-A in lieu of testing step 3.E.(b), option 1,
as an alternative means of compliance to Airbus Service Bulletin

A350-27-P036, Revision 01, dated April 8, 2020; for EASA AD 2019-0301.
    The FAA partially agrees with the comment. As another method of
compliance, the FAA has added paragraph (h)(7) to this AD to allow use
of Airbus Technical Adaptations 80602190/058/2020 and 80602190/059/2020
approved by the EASA DOA (EASA.21J.031).
    The FAA disagrees with allowing the use of the maintenance
procedures tasks specified above because the tasks are not approved by
Airbus and Airbus SAS's EASA DOA for use with the service information.
However, under the provisions of paragraph (i)(1) of this AD, the FAA
will consider requests for the use of certain service information if
sufficient data are submitted to substantiate that the change would
provide an acceptable level of safety. The FAA has not changed the AD
in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

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.

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

    The FAA estimates that it would take about 1 work-hour per product
to comply with the reporting requirement in this 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
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          Labor cost              Parts cost        Cost per product
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Up to 28 work-hours x $85 per  Up to $518,314.  Up to $520,694
 hour = Up to $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 AD is 2120-
0056. The paperwork cost associated with this 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 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

    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)
2018-17-05, Amendment 39-19359 (83 FR 40438, August 15, 2018), and
adding the following new AD:

2020-20-16 Airbus SAS: Amendment 39-21272; Docket No. FAA-2020-0343;
Product Identifier 2019-NM-206-AD.

(a) Effective Date

    This AD is effective November 12, 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 dates, 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 requires only 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 2019-0301
that specifies to return parts to the manufacturer, that action is
not required by this AD.
    (7) Where any service information referenced in EASA AD 2019-
0301 specifies rigging for testing, this AD allows rigging using
Airbus Technical Adaptations 80602190/058/2020 and 80602190/059/2020
approved by the EASA Design Organization Approval (DOA)
(EASA.21J.031).

(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<EMAIL_ADDRESS>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, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA 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

    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<PHONE_NUMBER><EMAIL_ADDRESS>
(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.
    (3) The following service information was approved for IBR on
November 12, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0301,
dated December 12, 2019.
    (ii) EASA AD 2020-0027R1, dated February 21, 2020.
    (4) For EASA AD 2019-0301 and EASA AD 2020-0027R1, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find these EASA ADs on the EASA website at https://ad.easa.europa.eu.
    (5) 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<PHONE_NUMBER>. 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.
    (6) 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, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 25, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-22243 Filed 10-7-20; 8:45 am]
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