83 FR 64230 - Airworthiness Directives; Airbus SAS Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 240 (December 14, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 240 (December 14, 2018)
| Page Range | 64230-64233 | |
| FR Document | 2018-26536 |
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)] [Rules and Regulations] [Pages 64230-64233] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26536] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0791; Product Identifier 2018-NM-043-AD; Amendment 39-19523; AD 2018-25-12] RIN 2120-AA64 Airworthiness Directives; Airbus SAS Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 airplanes. This AD was prompted by a determination that certain holes for the vertical tail plane (VTP) tension bolts connection are not properly protected against corrosion. This AD requires modifying the VTP tension bolts connection by adding sealant and protective treatment to the head of the connection, at the barrel nut cavities, and in the surrounding area. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective January 18, 2019. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 18, 2019. ADDRESSES: For the incorporation by reference (IBR) material described in the ``Related IBR material under 1 CFR part 51'' section in SUPPLEMENTARY INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email [email protected]; 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, 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 http://www.regulations.gov. Examining the AD Docket You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018- 0791; 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 September 14, 2018 (83 FR 46677). The NPRM was prompted by a determination that certain holes for the VTP tension bolts connection are not properly protected against corrosion. [[Page 64231]] The NPRM proposed to require modifying the VTP tension bolts connection by adding sealant and protective treatment to the head of the connection, at the barrel nut cavities, and in the surrounding area. We are issuing this AD to address corrosion of the VTP tension bolts connection, which could reduce the structural integrity of the VTP, and could ultimately lead to reduced controllability of the airplane. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2018-0045, dated February 15, 2018; corrected February 22, 2018 (``EASA AD 2018-0045'') (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: It was identified that the section 19 holes for the Vertical Tail Plane (VTP) tension bolts connection are not properly protected against corrosion. This condition, if not corrected, could reduce the structural integrity of the VTP [and could ultimately lead to reduced controllability of the airplane]. To address this unsafe condition, Airbus developed production mod 108307 and mod 110696 to improve protection against corrosion, and issued the SB [Service Bulletin A350-55-P002] to provide in- service modification instructions. For the reasons described above, this [EASA] AD requires a modification by adding sealant and protective treatment to the head of the section 19 VTP tension bolts connection, at the barrel nut cavities and in the surrounding area. This [EASA] AD was corrected to clarify the text of the ``Modification''. Comments We 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 and New Process The Air Line Pilots Association, International (ALPA) and Delta Air Lines (Delta) indicated their support for the NPRM, which was the first AD action using a new process that refers to the EASA AD as the primary source of information for compliance with the FAA AD requirements. Delta noted that the proposed AD would not disallow the ``later approved revisions'' language typically used in EASA ADs. Delta stated it appreciates the flexibility that the ``or later versions of the Service Bulletin'' language in typical EASA ADs provides, and hopes that flexibility can remain an option for future ADs. Delta also contacted the FAA prior to posting its comments and noted that the new format for this Airbus AD is cleaner. Delta also stated that it sees many benefits to this new AD process. The FAA acknowledges the comments from Delta. Our intent is to rely on the language in the EASA ADs whenever possible in order to simplify FAA ADs. Any differences required by the FAA will continue to be included in the FAA AD. We note that we plan to use this new process initially with certain EASA ADs that are suited to this process. Request To Clarify if Reporting Is Not Required Delta requested that we include a statement in the proposed AD noting that reporting is not required. Delta noted that in service bulletins containing Required for Compliance (RC) language, requests to report findings are generally in the procedures section, making the reporting RC. Delta added that including a statement in the proposed AD confirming that reporting is not required is helpful. When reporting is mandatory, Delta recommended including a ``reporting requirements'' paragraph in the AD that permits various reporting methods, includes the ``what/how/when,'' and includes a compliance time of 30 days from the return to service (not from a finding). We agree with the commenter that if our AD does not require reporting, and reporting is within an RC paragraph of the service information referenced in the associated EASA AD, our AD should specify ``no reporting'' in the body of the AD. However, such wording is not necessary for this AD. EASA AD 2018-0045 does not require reporting and the service information referenced in EASA AD 2018-0045 does not specify reporting in the RC paragraphs. Therefore, we have not changed this AD in this regard. We also agree that if reporting is mandatory in our AD, we will include a ``reporting requirements'' paragraph that clarifies what needs to be reported and the compliance time for reporting. Regarding the compliance time suggestion, we typically match the compliance time for reporting provided in the EASA AD. If we determine it is too short or long, we may extend or shorten the compliance time as appropriate. Request To Identify Certain Steps as Non-RC Delta requested that we add an exception to our proposed AD noting that reapplication of corrosion inhibiting compounds (CICs) is not RC. Delta noted that all procedures and tests in the service information referenced in EASA AD 2018-0045 are RC, and the procedure steps include things like reapplying CICs. Delta stated that if the service information or NPRM was not related to corrosion, those procedure steps might include applying CICs, but the CIC steps should not be RC. Delta explained that since the choice of CICs is under the operator's control under their corrosion prevention and control program (CPCP), the operator may now have to obtain an alternative method of compliance (AMOC) to use their standard CIC rather than what is called out in the service information, or to use an old out-of-date CIC just because it is listed in the service information. Delta recommended that RC tags never be applied to steps that call for restoring CIC unless that is the driving force in the AD. We acknowledge that steps that do not address the identified unsafe condition should not be identified as RC steps. However, for this AD, the instructions provided in the service information, which include applying corrosion preventive compounds (CPCs), have been identified as necessary to address the unsafe condition. If an operator's CPCP includes an alternative material and the operator wants to use it instead of the material listed in an RC step, the operator must request an AMOC using the procedures in paragraph (i)(1) of this AD. For future ADs, we will address this issue on a case-by-case basis. For some ADs, we might add an exception allowing the use of alternative CICs if they provide an acceptable level of safety. If operators identify CICs that are equal to or better than the CICs identified in the service information, they can request an AMOC using the procedures in paragraph (i)(1) of this AD. Request To Clarify Applicability Delta requested that we revise paragraph (c) of the proposed AD to point to the airplanes (specific serial numbers) specified in the service information referenced in EASA AD 2018-0045, rather than the airplanes identified in EASA AD 2018-0045. Delta noted that the wording of the applicability paragraph of a given AD can create an undue burden on operators. Delta stated, as an example, that if the applicability paragraph states ``all 350 aircraft, except those with mod x or y embodied in production'' it must prove that all airplanes are not affected, and it must write an engineering document stating that its airplanes are [[Page 64232]] not affected. Delta stated that, in this example, a slight change to the wording can have a big impact. Delta suggested that if the wording in the example was changed to ``this AD applies to Airbus A350 aircraft as identified in Airbus Service Bulletin A350-52-P012,'' only the applicable airplanes would be identified. Delta concluded that, with revised wording, it would no longer be burdened to prove compliance for its fleet, because the applicable airplanes are listed in the service information. We disagree with the commenter's request. The applicability in this AD matches that in EASA AD 2018-0045 to ensure that the unsafe condition is addressed on all affected airplanes. We agree with EASA's approach to identifying the AD applicability since affected serial numbers may change through modification of an airplane. If airplanes are identified by serial number, rather than airplane configuration, affected airplanes may be excluded from the AD applicability. Therefore, we have not changed this AD in this regard. Conclusion We reviewed the relevant data, considered the comments 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: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. Related IBR Material Under 1 CFR Part 51 EASA AD 2018-0045, dated February 15, 2018; corrected February 22, 2018; describes procedures for modifying the VTP tension bolts connection by adding sealant and protective treatment to the head of the connection, at the barrel nut cavities, and in the surrounding area. 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. Costs of Compliance We estimate that this AD affects 6 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs for Required Actions ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- 50 work-hours x $85 per hour = $4,250........................ $9,200 $13,450 $80,700 ---------------------------------------------------------------------------------------------------------------- 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. We do not control warranty coverage for affected individuals. As a result, we have included all 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. 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 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): 2018-25-12 Airbus SAS: Amendment 39-19523; Docket No. FAA-2018-0791; Product Identifier 2018-NM-043-AD. (a) Effective Date This AD is effective January 18, 2019. (b) Affected ADs None. (c) Applicability This AD applies to Airbus SAS Model A350-941 airplanes, certificated in any category, as identified in European Aviation Safety Agency (EASA) AD 2018-0045, dated February 15, 2018; corrected February 22, 2018 (``EASA AD 2018-0045''). [[Page 64233]] (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage; 55, Stabilizers. (e) Reason This AD was prompted by a determination that the section 19 holes for the vertical tail plane (VTP) tension bolts connection are not properly protected against corrosion. We are issuing this AD to address corrosion of the VTP tension bolts connection, which could reduce the structural integrity of the VTP, and could ultimately lead to reduced controllability of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified by paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2018-0045. (h) Exceptions to EASA AD 2018-0045 (1) For purposes of determining compliance with the requirements of this AD, where EASA AD 2018-0045 refers to its effective date, this AD requires using the effective date of this AD. (2) The ``Remarks'' section of EASA AD 2018-0045 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, 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) of this AD. Information may be emailed to: [email protected]. 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. (3) Required for Compliance (RC): Any RC procedures and tests identified in the service information referenced in EASA AD 2018- 0045 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, 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) European Aviation Safety Agency (EASA) AD 2018-0045, dated February 15, 2018; corrected February 22, 2018. (ii) [Reserved] (3) For EASA AD 2018-0045, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; email [email protected]; 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 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 2018-0045 may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA- 2018-0791. (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: http://www.archives.gov/federal-register/cfr/ibr-locations.html. Issued in Des Moines, Washington, on November 29, 2018. James Cashdollar, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018-26536 Filed 12-13-18; 8:45 am] BILLING CODE 4910-13-P
![64230 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations
Aviation Service Bulletin F2000–436, dated Moines, WA 98198; telephone and fax 206– connection, at the barrel nut cavities,
September 28, 2017. 231–3226. and in the surrounding area. We are
(2) Measure the clearance between the issuing this AD to address the unsafe
metallic plate and the wire bundle at the (k) Material Incorporated by Reference
bottom of the RH electrical cabinet in (1) The Director of the Federal Register condition on these products.
accordance with the Accomplishment approved the incorporation by reference DATES: This AD is effective January 18,
Instructions of Dassault Aviation Service (IBR) of the service information listed in this 2019.
Bulletin F2000–436, dated September 28, paragraph under 5 U.S.C. 552(a) and 1 CFR The Director of the Federal Register
2017. part 51. approved the incorporation by reference
(2) You must use this service information of a certain publication listed in this AD
(h) Corrective Action as applicable to do the actions required by
(1) If, during the inspection required by
as of January 18, 2019.
this AD, unless this AD specifies otherwise.
paragraph (g)(1) of this AD, any damage is (i) Dassault Service Bulletin F2000–436, ADDRESSES: For the incorporation by
found, before further flight, replace all dated September 28, 2017. reference (IBR) material described in the
damaged wires using a method approved by (ii) [Reserved] ‘‘Related IBR material under 1 CFR part
the Manager, International Section, Transport (3) For service information identified in 51’’ section in SUPPLEMENTARY
Standards Branch, FAA; or the European this AD, contact Dassault Falcon Jet INFORMATION, contact EASA, Konrad-
Aviation Safety Agency (EASA); or Dassault Corporation, Teterboro Airport, P.O. Box Adenauer-Ufer 3, 50668 Cologne,
Aviation’s EASA Design Organization 2000, South Hackensack, NJ 07606;
Approval (DOA). If approved by the DOA,
Germany; telephone +49 221 89990
telephone 201–440–6700; internet http://
the approval must include the DOA- www.dassaultfalcon.com. 1000; email ADs@easa.europa.eu;
authorized signature. (4) You may view this service information internet www.easa.europa.eu. You may
(2) If, during the measurement required by at the FAA, Transport Standards Branch, find this IBR material on the EASA
paragraph (g)(2) of this AD, the detected 2200 South 216th St., Des Moines, WA. For website at https://ad.easa.europa.eu.
clearance is less than the criteria specified in information on the availability of this You may view this IBR material at the
Dassault Aviation Service Bulletin F2000– material at the FAA, call 206–231–3195. FAA, Transport Standards Branch, 2200
436, dated September 28, 2017, before further (5) You may view this service information South 216th St., Des Moines, WA. For
flight, modify the metallic plate in that is incorporated by reference at the
accordance with the Accomplishment
information on the availability of this
National Archives and Records
Instructions of Dassault Aviation Service Administration (NARA). For information on
material at the FAA, call 206–231–3195.
Bulletin F2000–436, dated September 28, the availability of this material at NARA, call It is also available in the AD docket on
2017. 202–741–6030, or go to: http:// the internet at http://
www.archives.gov/federal-register/cfr/ibr- www.regulations.gov.
(i) Other FAA AD Provisions
locations.html.
The following provisions also apply to this Examining the AD Docket
AD: Issued in Des Moines, Washington, on
November 28, 2018.
You may examine the AD docket on
(1) Alternative Methods of Compliance the internet at http://
(AMOCs): The Manager, International James Cashdollar,
Section, Transport Standards Branch, FAA, www.regulations.gov by searching for
Acting Director, System Oversight Division, and locating Docket No. FAA–2018–
has the authority to approve AMOCs for this Aircraft Certification Service.
AD, if requested using the procedures found 0791; or in person at Docket Operations
[FR Doc. 2018–26629 Filed 12–13–18; 8:45 am]
in 14 CFR 39.19. In accordance with 14 CFR between 9 a.m. and 5 p.m., Monday
39.19, send your request to your principal BILLING CODE 4910–13–P through Friday, except Federal holidays.
inspector or local Flight Standards District The AD docket contains this final rule,
Office, as appropriate. If sending information the regulatory evaluation, any
directly to the International Section, send it DEPARTMENT OF TRANSPORTATION comments received, and other
to the attention of the person identified in
paragraph (j)(2) of this AD. Information may Federal Aviation Administration information. The address for Docket
be emailed to: 9-ANM-116-AMOC- Operations (phone: 800–647–5527) is
REQUESTS@faa.gov. Before using any 14 CFR Part 39 U.S. Department of Transportation,
approved AMOC, notify your appropriate Docket Operations, M–30, West
principal inspector, or lacking a principal [Docket No. FAA–2018–0791; Product Building Ground Floor, Room W12–140,
inspector, the manager of the local flight Identifier 2018–NM–043–AD; Amendment 1200 New Jersey Avenue SE,
standards district office/certificate holding 39–19523; AD 2018–25–12] Washington, DC 20590.
district office.
RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT:
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective Kathleen Arrigotti, Aerospace Engineer,
Airworthiness Directives; Airbus SAS International Section, Transport
actions from a manufacturer, the action must
be accomplished using a method approved Airplanes Standards Branch, FAA, 2200 South
by the Manager, International Section, AGENCY: Federal Aviation 216th St., Des Moines, WA 98198;
Transport Standards Branch, FAA; or EASA; telephone and fax 206–231–3218.
Administration (FAA), Department of
or Dassault Aviation’s EASA DOA. If
Transportation (DOT). SUPPLEMENTARY INFORMATION:
approved by the DOA, the approval must
include the DOA-authorized signature. ACTION: Final rule. Discussion
(j) Related Information SUMMARY: We are adopting a new We issued a notice of proposed
(1) Refer to Mandatory Continuing airworthiness directive (AD) for certain rulemaking (NPRM) to amend 14 CFR
Airworthiness Information (MCAI) EASA AD Airbus SAS Model A350–941 airplanes. part 39 by adding an AD that would
2018–0114, dated May 23, 2018, for related This AD was prompted by a apply to certain Airbus SAS Model
information. This MCAI may be found in the determination that certain holes for the A350–941 airplanes. The NPRM
amozie on DSK3GDR082PROD with RULES
AD docket on the internet at http:// vertical tail plane (VTP) tension bolts published in the Federal Register on
www.regulations.gov by searching for and
locating Docket No. FAA–2018–0809.
connection are not properly protected September 14, 2018 (83 FR 46677). The
(2) For more information about this AD, against corrosion. This AD requires NPRM was prompted by a
contact Tom Rodriguez, Aerospace Engineer, modifying the VTP tension bolts determination that certain holes for the
International Section, Transport Standards connection by adding sealant and VTP tension bolts connection are not
Branch, FAA, 2200 South 216th St., Des protective treatment to the head of the properly protected against corrosion.
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The NPRM proposed to require Delta also contacted the FAA prior to Delta noted that all procedures and tests
modifying the VTP tension bolts posting its comments and noted that the in the service information referenced in
connection by adding sealant and new format for this Airbus AD is EASA AD 2018–0045 are RC, and the
protective treatment to the head of the cleaner. Delta also stated that it sees procedure steps include things like
connection, at the barrel nut cavities, many benefits to this new AD process. reapplying CICs. Delta stated that if the
and in the surrounding area. The FAA acknowledges the comments service information or NPRM was not
We are issuing this AD to address from Delta. Our intent is to rely on the related to corrosion, those procedure
corrosion of the VTP tension bolts language in the EASA ADs whenever steps might include applying CICs, but
connection, which could reduce the possible in order to simplify FAA ADs. the CIC steps should not be RC. Delta
structural integrity of the VTP, and Any differences required by the FAA explained that since the choice of CICs
could ultimately lead to reduced will continue to be included in the FAA is under the operator’s control under
controllability of the airplane. AD. We note that we plan to use this their corrosion prevention and control
The European Aviation Safety Agency new process initially with certain EASA program (CPCP), the operator may now
(EASA), which is the Technical Agent ADs that are suited to this process. have to obtain an alternative method of
for the Member States of the European Request To Clarify if Reporting Is Not compliance (AMOC) to use their
Union, has issued EASA AD 2018–0045, Required standard CIC rather than what is called
dated February 15, 2018; corrected out in the service information, or to use
February 22, 2018 (‘‘EASA AD 2018– Delta requested that we include a an old out-of-date CIC just because it is
0045’’) (also referred to as the statement in the proposed AD noting listed in the service information. Delta
Mandatory Continuing Airworthiness that reporting is not required. Delta recommended that RC tags never be
Information, or ‘‘the MCAI’’), to correct noted that in service bulletins applied to steps that call for restoring
an unsafe condition for certain Airbus containing Required for Compliance CIC unless that is the driving force in
SAS Model A350–941 airplanes. The (RC) language, requests to report the AD.
MCAI states: findings are generally in the procedures We acknowledge that steps that do
section, making the reporting RC. Delta not address the identified unsafe
It was identified that the section 19 holes
for the Vertical Tail Plane (VTP) tension bolts
added that including a statement in the condition should not be identified as RC
connection are not properly protected against proposed AD confirming that reporting steps. However, for this AD, the
corrosion. is not required is helpful. When instructions provided in the service
This condition, if not corrected, could reporting is mandatory, Delta information, which include applying
reduce the structural integrity of the VTP recommended including a ‘‘reporting corrosion preventive compounds
[and could ultimately lead to reduced requirements’’ paragraph in the AD that (CPCs), have been identified as
controllability of the airplane]. permits various reporting methods, necessary to address the unsafe
To address this unsafe condition, Airbus includes the ‘‘what/how/when,’’ and
developed production mod 108307 and mod
condition. If an operator’s CPCP
110696 to improve protection against includes a compliance time of 30 days includes an alternative material and the
corrosion, and issued the SB [Service from the return to service (not from a operator wants to use it instead of the
Bulletin A350–55–P002] to provide in- finding). material listed in an RC step, the
service modification instructions. We agree with the commenter that if operator must request an AMOC using
For the reasons described above, this our AD does not require reporting, and the procedures in paragraph (i)(1) of this
[EASA] AD requires a modification by adding reporting is within an RC paragraph of AD.
sealant and protective treatment to the head the service information referenced in For future ADs, we will address this
of the section 19 VTP tension bolts the associated EASA AD, our AD should issue on a case-by-case basis. For some
connection, at the barrel nut cavities and in
the surrounding area. specify ‘‘no reporting’’ in the body of ADs, we might add an exception
This [EASA] AD was corrected to clarify the AD. However, such wording is not allowing the use of alternative CICs if
the text of the ‘‘Modification’’. necessary for this AD. EASA AD 2018– they provide an acceptable level of
0045 does not require reporting and the safety. If operators identify CICs that are
Comments service information referenced in EASA equal to or better than the CICs
We gave the public the opportunity to AD 2018–0045 does not specify identified in the service information,
participate in developing this final rule. reporting in the RC paragraphs. they can request an AMOC using the
The following presents the comments Therefore, we have not changed this AD procedures in paragraph (i)(1) of this
received on the NPRM and the FAA’s in this regard. AD.
response to each comment. We also agree that if reporting is
Request To Clarify Applicability
mandatory in our AD, we will include
Support for the NPRM and New Process Delta requested that we revise
a ‘‘reporting requirements’’ paragraph
The Air Line Pilots Association, that clarifies what needs to be reported paragraph (c) of the proposed AD to
International (ALPA) and Delta Air and the compliance time for reporting. point to the airplanes (specific serial
Lines (Delta) indicated their support for Regarding the compliance time numbers) specified in the service
the NPRM, which was the first AD suggestion, we typically match the information referenced in EASA AD
action using a new process that refers to compliance time for reporting provided 2018–0045, rather than the airplanes
the EASA AD as the primary source of in the EASA AD. If we determine it is identified in EASA AD 2018–0045.
information for compliance with the too short or long, we may extend or Delta noted that the wording of the
FAA AD requirements. Delta noted that shorten the compliance time as applicability paragraph of a given AD
the proposed AD would not disallow appropriate. can create an undue burden on
the ‘‘later approved revisions’’ language operators. Delta stated, as an example,
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typically used in EASA ADs. Delta Request To Identify Certain Steps as that if the applicability paragraph states
stated it appreciates the flexibility that Non-RC ‘‘all 350 aircraft, except those with mod
the ‘‘or later versions of the Service Delta requested that we add an x or y embodied in production’’ it must
Bulletin’’ language in typical EASA ADs exception to our proposed AD noting prove that all airplanes are not affected,
provides, and hopes that flexibility can that reapplication of corrosion and it must write an engineering
remain an option for future ADs. inhibiting compounds (CICs) is not RC. document stating that its airplanes are
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![64232 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations
not affected. Delta stated that, in this airplanes are identified by serial Related IBR Material Under 1 CFR Part
example, a slight change to the wording number, rather than airplane 51
can have a big impact. Delta suggested configuration, affected airplanes may be EASA AD 2018–0045, dated February
that if the wording in the example was excluded from the AD applicability. 15, 2018; corrected February 22, 2018;
changed to ‘‘this AD applies to Airbus Therefore, we have not changed this AD describes procedures for modifying the
A350 aircraft as identified in Airbus in this regard. VTP tension bolts connection by adding
Service Bulletin A350–52–P012,’’ only sealant and protective treatment to the
the applicable airplanes would be Conclusion
head of the connection, at the barrel nut
identified. Delta concluded that, with We reviewed the relevant data, cavities, and in the surrounding area.
revised wording, it would no longer be This material is reasonably available
considered the comments received, and
burdened to prove compliance for its because the interested parties have
determined that air safety and the
fleet, because the applicable airplanes access to it through their normal course
public interest require adopting this
are listed in the service information. of business or by the means identified
final rule as proposed, except for minor
We disagree with the commenter’s editorial changes. We have determined in the ADDRESSES section, and it is
request. The applicability in this AD that these minor changes: publicly available through the EASA
matches that in EASA AD 2018–0045 to website.
ensure that the unsafe condition is • Are consistent with the intent that
addressed on all affected airplanes. We was proposed in the NPRM for Costs of Compliance
agree with EASA’s approach to addressing the unsafe condition; and We estimate that this AD affects 6
identifying the AD applicability since • Do not add any additional burden airplanes of U.S. registry. We estimate
affected serial numbers may change upon the public than was already the following costs to comply with this
through modification of an airplane. If proposed in the NPRM. AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S.
Labor cost Parts cost product operators
50 work-hours × $85 per hour = $4,250 ..................................................................................... $9,200 $13,450 $80,700
According to the manufacturer, some of ADs is normally a function of the List of Subjects in 14 CFR Part 39
or all of the costs of this AD may be Compliance and Airworthiness Air transportation, Aircraft, Aviation
covered under warranty, thereby Division, but during this transition safety, Incorporation by reference,
reducing the cost impact on affected period, the Executive Director has Safety.
individuals. We do not control warranty delegated the authority to issue ADs
coverage for affected individuals. As a applicable to transport category Adoption of the Amendment
result, we have included all costs in our airplanes and associated appliances to Accordingly, under the authority
cost estimate. the Director of the System Oversight delegated to me by the Administrator,
Authority for This Rulemaking Division. the FAA amends 14 CFR part 39 as
follows:
Title 49 of the United States Code Regulatory Findings
specifies the FAA’s authority to issue PART 39—AIRWORTHINESS
rules on aviation safety. Subtitle I, This AD will not have federalism
DIRECTIVES
section 106, describes the authority of implications under Executive Order
the FAA Administrator. Subtitle VII: 13132. This AD will not have a ■ 1. The authority citation for part 39
Aviation Programs, describes in more substantial direct effect on the States, on continues to read as follows:
detail the scope of the Agency’s the relationship between the national
Authority: 49 U.S.C. 106(g), 40113, 44701.
authority. government and the States, or on the
We are issuing this rulemaking under distribution of power and § 39.13 [Amended]
the authority described in Subtitle VII, responsibilities among the various ■ 2. The FAA amends § 39.13 by adding
Part A, Subpart III, Section 44701: levels of government. the following new airworthiness
‘‘General requirements.’’ Under that For the reasons discussed above, I directive (AD):
section, Congress charges the FAA with certify that this AD:
promoting safe flight of civil aircraft in 2018–25–12 Airbus SAS: Amendment 39–
air commerce by prescribing regulations (1) Is not a ‘‘significant regulatory 19523; Docket No. FAA–2018–0791;
action’’ under Executive Order 12866, Product Identifier 2018–NM–043–AD.
for practices, methods, and procedures
the Administrator finds necessary for (2) Is not a ‘‘significant rule’’ under (a) Effective Date
safety in air commerce. This regulation the DOT Regulatory Policies and This AD is effective January 18, 2019.
is within the scope of that authority Procedures (44 FR 11034, February 26,
because it addresses an unsafe condition (b) Affected ADs
1979),
that is likely to exist or develop on None.
(3) Will not affect intrastate aviation
products identified in this rulemaking
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in Alaska, and (c) Applicability
action. This AD applies to Airbus SAS Model
This AD is issued in accordance with (4) Will not have a significant A350–941 airplanes, certificated in any
authority delegated by the Executive economic impact, positive or negative, category, as identified in European Aviation
Director, Aircraft Certification Service, on a substantial number of small entities Safety Agency (EASA) AD 2018–0045, dated
as authorized by FAA Order 8000.51C. under the criteria of the Regulatory February 15, 2018; corrected February 22,
In accordance with that order, issuance Flexibility Act. 2018 (‘‘EASA AD 2018–0045’’).
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![Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations 64233
(d) Subject approval of an AMOC, provided the DEPARTMENT OF TRANSPORTATION
Air Transport Association (ATA) of procedures and tests identified as RC can be
America Code 53, Fuselage; 55, Stabilizers. done and the airplane can be put back in an Federal Aviation Administration
airworthy condition. Any substitutions or
(e) Reason
changes to procedures or tests identified as 14 CFR Part 39
This AD was prompted by a determination RC require approval of an AMOC.
that the section 19 holes for the vertical tail [Docket No. FAA–2017–0246; Product
plane (VTP) tension bolts connection are not (j) Related Information Identifier 2017–NM–011–AD; Amendment
properly protected against corrosion. We are 39–19522; AD 2018–25–11]
For more information about this AD,
issuing this AD to address corrosion of the contact Kathleen Arrigotti, Aerospace RIN 2120–AA64
VTP tension bolts connection, which could
Engineer, International Section, Transport
reduce the structural integrity of the VTP, Airworthiness Directives; The Boeing
and could ultimately lead to reduced Standards Branch, FAA, 2200 South 216th
controllability of the airplane. St., Des Moines, WA 98198; telephone and Company Airplanes
fax 206–231–3218.
(f) Compliance AGENCY: Federal Aviation
Comply with this AD within the
(k) Material Incorporated by Reference Administration (FAA), DOT.
compliance times specified, unless already (1) The Director of the Federal Register ACTION: Final rule.
done. approved the incorporation by reference
(IBR) of the service information listed in this SUMMARY: We are adopting a new
(g) Requirements airworthiness directive (AD) for certain
paragraph under 5 U.S.C. 552(a) and 1 CFR
Except as specified by paragraph (h) of this part 51. The Boeing Company Model 777–200
AD: Comply with all required actions and and –300 series airplanes equipped with
(2) You must use this service information
compliance times specified in, and in Rolls-Royce Model RB211-Trent 800
accordance with, EASA AD 2018–0045. as applicable to do the actions required by
this AD, unless this AD specifies otherwise. engines. This AD was prompted by
(h) Exceptions to EASA AD 2018–0045 (i) European Aviation Safety Agency reports of inadequate clearance between
(1) For purposes of determining (EASA) AD 2018–0045, dated February 15, the thermal protection system (TPS)
compliance with the requirements of this AD, 2018; corrected February 22, 2018. insulation blankets and the electronic
where EASA AD 2018–0045 refers to its (ii) [Reserved] engine control (EEC) wiring, which
effective date, this AD requires using the (3) For EASA AD 2018–0045, contact resulted in damaged wires. This AD
effective date of this AD. EASA, Konrad-Adenauer-Ufer 3, 50668 requires repetitive inspections of the
(2) The ‘‘Remarks’’ section of EASA AD Cologne, Germany; telephone +49 221 89990 EEC wire bundles and clips, and
2018–0045 does not apply to this AD. corrective actions if necessary. We are
6017; email ADs@easa.europa.eu; Internet
(i) Other FAA AD Provisions www.easa.europa.eu. You may find this issuing this AD to address the unsafe
The following provisions also apply to this EASA AD on the EASA website at https:// condition on these products.
AD: ad.easa.europa.eu. You may view this EASA DATES: This AD is effective January 18,
(1) Alternative Methods of Compliance AD at the FAA, Transport Standards Branch, 2019.
(AMOCs): The Manager, International 2200 South 216th St., Des Moines, WA. For The Director of the Federal Register
Section, Transport Standards Branch, FAA, information on the availability of this approved the incorporation by reference
has the authority to approve AMOCs for this material at the FAA, call 206–231–3195.
AD, if requested using the procedures found
of a certain publication listed in this AD
EASA AD 2018–0045 may be found in the as of January 18, 2019.
in 14 CFR 39.19. In accordance with 14 CFR AD docket on the internet at http://
39.19, send your request to your principal ADDRESSES: For service information
www.regulations.gov by searching for and
inspector or local Flight Standards District identified in this final rule, contact
Office, as appropriate. If sending information locating Docket No. FAA–2018–0791.
(4) You may view this service information Boeing Commercial Airplanes,
directly to the International Section, send it Attention: Contractual & Data Services
to the attention of the person identified in at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For (C&DS), 2600 Westminster Blvd., MC
paragraph (j) of this AD. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@ information on the availability of this 110–SK57, Seal Beach, CA 90740–5600;
faa.gov. Before using any approved AMOC, material at the FAA, call 206–231–3195. telephone 562–797–1717; internet
notify your appropriate principal inspector, (5) You may view this service information https://www.myboeingfleet.com. You
or lacking a principal inspector, the manager that is incorporated by reference at the may view this service information at the
of the local flight standards district office/ National Archives and Records FAA, Transport Standards Branch, 2200
certificate holding district office. Administration (NARA). For information on South 216th St., Des Moines, WA. For
(2) Contacting the Manufacturer: For any information on the availability of this
the availability of this material at NARA, call
requirement in this AD to obtain instructions material at the FAA, call 206–231–3195.
202–741–6030, or go to: http://
from a manufacturer, the instructions must It is also available on the internet at
be accomplished using a method approved www.archives.gov/federal-register/cfr/ibr-
by the Manager, International Section, locations.html. http://www.regulations.gov by searching
Transport Standards Branch, FAA; or EASA; for and locating Docket No. FAA–2017–
Issued in Des Moines, Washington, on
or Airbus SAS’s EASA Design Organization 0246.
November 29, 2018.
Approval (DOA). If approved by the DOA, Examining the AD Docket
the approval must include the DOA- James Cashdollar,
authorized signature. Acting Director, System Oversight Division, You may examine the AD docket on
(3) Required for Compliance (RC): Any RC Aircraft Certification Service. the internet at http://
procedures and tests identified in the service [FR Doc. 2018–26536 Filed 12–13–18; 8:45 am] www.regulations.gov by searching for
information referenced in EASA AD 2018– and locating Docket No. FAA–2017–
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BILLING CODE 4910–13–P
0045 must be done to comply with this AD; 0246; or in person at Docket Operations
any procedures or tests that are not identified
as RC are recommended. Those procedures
between 9 a.m. and 5 p.m., Monday
and tests that are not identified as RC may through Friday, except Federal holidays.
be deviated from using accepted methods in The AD docket contains this final rule,
accordance with the operator’s maintenance the regulatory evaluation, any
or inspection program without obtaining comments received, and other
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Document Created: 2018-12-14 03:49:50
Document Modified: 2018-12-14 03:49:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective January 18, 2019. | |
| 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. | |
| FR Citation | 83 FR 64230 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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