[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Rules and Regulations]
[Pages 86459-86462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28861]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0681; Product Identifier 2020-NM-089-AD; Amendment 
39-21376; AD 2020-26-21]
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 adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A350-941 airplanes. This AD was prompted by a 
report that during the assembly of a certain section of the fuselage, 
the gaps found on self-aligning nuts for eight fasteners were out of 
tolerance. This AD requires a rotating probe test of all fastener holes 
located in the affected area for any discrepancies, an eddy current 
inspection of the surrounding flange for any discrepancies, a detailed 
inspection of certain frames for any discrepancies, and corrective 
actions if necessary, as specified in a European Union Aviation Safety 
Agency (EASA) AD, which is incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective February 3, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 3, 
2021.

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 <a href="/cdn-cgi/l/email-protection#4e0f0a3d0e2b2f3d2f602b3b3c213e2f602b3b"><span class="__cf_email__" data-cfemail="1c5d586f5c797d6f7d3279696e736c7d327969">[email protected]</span></a>; 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,

[[Page 86460]]

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-2020-0681.

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-
0681; 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 <a href="/cdn-cgi/l/email-protection#a1eac0d5c9cdc4c4cf8fe0d3d3c8c6ced5d5c8e1c7c0c08fc6ced7"><span class="__cf_email__" data-cfemail="266d47524e4a434348086754544f414952524f6640474708414950">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0109, dated May 15, 2020 (EASA 
AD 2020-0109) (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 FAA 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 
August 4, 2020 (85 FR 47122). The NPRM was prompted by a report that 
during the assembly of the section 19 skin to frame (FR) 98 joint of 
the fuselage, the gaps found on self-aligning nuts for eight fasteners 
were out of tolerance. The NPRM proposed to require a rotating probe 
test of all fastener holes located in the affected area for any 
discrepancies, an eddy current inspection of the surrounding flange for 
any discrepancies, a detailed inspection of certain frames for any 
discrepancies, and corrective actions if necessary, as specified in an 
EASA AD.
    The FAA is issuing this AD to address gaps that are out of 
tolerance, which could reduce the fatigue and damage tolerance 
properties of the affected area, and possibly affect the structural 
integrity of the rear cone of the fuselage. 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.

Request To Revise the Proposed Applicability

    Delta Air Lines, Inc. (DAL) requested that the FAA revise the 
applicability in the NPRM. DAL stated that the applicability should 
reflect the effectivity specified in Airbus Service Bulletin A350-53-
P057, dated February 21, 2020, and not what is specified in the NPRM 
and in EASA AD 2020-0109. DAL also stated that the NPRM and EASA AD 
2020-0109 would require operators the unnecessary burden of reviewing 
records and updating associated paperwork to ensure and prove that the 
proper modification status is embodied on all airplanes, including on 
any Model A350 airplanes delivered in the future, despite the 
embodiment of the applicable modification in production. DAL commented 
that Airbus Service Bulletin A350-53-P057, dated February 21, 2020, 
specifies specific manufacturer serial numbers and describes which 
airplanes will have the modification embodied in production 
(manufacturer serial number 0307 and subsequent).
    The FAA disagrees with the request. The applicability of this AD 
(and EASA AD 2020-0109) excludes any airplanes on which the 
modification has been embodied, whether during or after production. 
EASA, as the State of Design Authority for Airbus products, has 
determined that this applicability is appropriate because it includes 
any airplanes on which the modification was not embodied, while 
excluding those on which the modification has been embodied. The FAA 
agrees with this decision because it ensures the unsafe condition is 
addressed on all applicable airplanes. The FAA has not changed the AD 
in this regard.

Request To Include Exception To Provide Correct Reference for 
Installing New Fasteners

    DAL requested that the NPRM be revised to address a discrepancy in 
a manual reference for installing the new fasteners. DAL noted that 
Airbus Service Bulletin A350-53-P057, dated February 21, 2020, 
specifies Airbus task A350-A-53-XX-P057-01001-720A-A and task A350-A-
53-XX-P057-02001-720A-A for instructions to install the new fasteners, 
and that the actions in those tasks are considered Required for 
Compliance (RC). DAL asserted that the instructions in those tasks 
should refer to the Airbus A350 Aircraft Maintenance Manual (AMM) 
procedure rather than the aircraft structural repair (ASR) manual. DAL 
pointed out that there is no existing ASR manual with chapter A350-A-
20-51-50-01ZZZ-25BZ-A; however, the AMM reference for standard 
mechanical torques is maintenance procedure chapter A350-A-20-51-50-
01ZZZ-25BZ-A. DAL stated that Airbus has confirmed in Airbus Technical 
Request Dossier 80808465 that the correct reference is to the AMM. DAL 
further requested that, if this discrepancy is not addressed in the AD, 
it will require that a global alternative method of compliance (AMOC) 
be requested by Airbus.
    The FAA agrees that the correct document should be referenced for 
the reasons provided above. The FAA has added paragraph (h)(3) in this 
AD to clarify that, where Airbus Service Bulletin A350-53-P057, dated 
February 21, 2020, specifies Airbus task A350-A-53-XX-P057-01001-720A-A 
and task A350-A-53-XX-P057-02001-720A-A, for instructions for 
installing the new fasteners, and those instructions specify to refer 
to ``Ref. ASR A350-A-20-51-01ZZZ-25BZ-A,'' for the purposes of this AD, 
the correct reference is ``Ref. AMM Maintenance Procedure A350-A-20-51-
01ZZZ-25BZ-A.''

Request To Provide Clarification on the Use of Substitute Fasteners

    DAL requested that the FAA provide clarification regarding the use 
of substitute fasteners. DAL stated that task A350-A-53-XX-P057-01001-
720A-A and task A350-A-53-XX-P057-02001-720A-A, specified in Airbus 
Service Bulletin A350-53-P057, dated February 21, 2020, provide 
instructions to install new fasteners. DAL also stated that standard 
notes within these allow for the use of washers or approved substitute 
fasteners should the installed fasteners not be sufficient per the 
standards provided in the ASR manual. DAL questioned whether, since 
Airbus Service Bulletin A350-53-P057, dated February 21, 2020, provides 
the specific fasteners to use to address the issue in the NPRM, an AMOC 
will be required for the use of substitute fasteners despite these 
notes.
    The FAA agrees to provide clarification. An AMOC is not needed for 
the use of washers or approved

[[Page 86461]]

substitute fasteners should the installed fasteners not be sufficient. 
The FAA has not changed this 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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that this change will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0109 describes procedures for a rotating probe test of 
all fastener holes located in the affected area for any discrepancies 
(i.e., cracking or damage), an eddy current inspection of the 
surrounding flange for any discrepancies, a detailed inspection of FR 
97 to FR 99 for any discrepancies, and corrective actions if necessary. 
Corrective actions include replacing all fasteners located in the 
affected area with new bolts and self-aligning nuts, and repair. 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
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85           $1,105
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition replacements 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 replacements:

                Estimated Costs of On-Condition Actions *
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
6 work-hours x $85 per hour = $510....             $70             $580
------------------------------------------------------------------------
* The FAA has received no definitive data that would enable providing
  cost estimates for the on-condition repairs specified in this AD.

    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 operators. The FAA does not control warranty coverage for 
affected operators. 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

    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 adding the following new airworthiness 
directive:

2020-26-21 Airbus SAS: Amendment 39-21376; Docket No. FAA-2020-0681; 
Product Identifier 2020-NM-089-AD.

(a) Effective Date

    This AD is effective February 3, 2021.

(b) Affected ADs

    None.

(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-

[[Page 86462]]

0109, dated May 15, 2020 (EASA AD 2020-0109).

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report that during the assembly of the 
section 19 skin to frame (FR) 98 joint of the fuselage, the gaps 
found on self-aligning nuts for eight fasteners were out of 
tolerance. The FAA is issuing this AD to address gaps that are out 
of tolerance, which could reduce the fatigue and damage tolerance 
properties of the affected area, and possibly affect the structural 
integrity of the rear cone of the fuselage.

(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 2020-0109.

(h) Exceptions to EASA AD 2020-0109

    (1) The ``Remarks'' section of EASA AD 2020-0109 does not apply 
to this AD.
    (2) Where paragraph (2) of EASA AD 2020-0109 specifies actions 
if ``any discrepancy is detected, as defined in the SB,'' for this 
AD a discrepancy is defined as any crack or damage.
    (3) Where Airbus Service Bulletin A350-53-P057, dated February 
21, 2020 (referenced in EASA AD 2020-0109), specifies Airbus task 
A350-A-53-XX-P057-01001-720A-A and task A350-A-53-XX-P057-02001-
720A-A, for instructions for installing the new fasteners, and those 
instructions specify to refer to ``ASR A350-A-20-51-01ZZZ-25BZ-A,'' 
for the purposes of this AD, the correct reference is ``AMM 
Maintenance Procedure A350-A-20-51-01ZZZ-25BZ-A.''

(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 responsible Flight 
Standards 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: <a href="/cdn-cgi/l/email-protection#291004687f7a0468607b041e1a19046864666a694f4848074e465f"><span class="__cf_email__" data-cfemail="d5ecf8948386f8949c87f8e2e6e5f894989a9695b3b4b4fbb2baa3">[email protected]</span></a>. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards 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 Design Organization Approval (DOA). If approved by the 
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraphs (h)(2) and (3) and paragraph (i)(2) of this AD, if any 
service information contains procedures or tests that are identified 
as RC, those procedures and tests must be done to comply with this 
AD; any procedures or tests that are not identified as RC are 
recommended. Those procedures and tests that are not identified as 
RC may be deviated from using accepted methods in accordance with 
the operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(j) Related Information

    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 <a href="/cdn-cgi/l/email-protection#a8e3c9dcc0c4cdcdc686e9dadac1cfc7dcdcc1e8cec9c986cfc7de"><span class="__cf_email__" data-cfemail="82c9e3f6eaeee7e7ecacc3f0f0ebe5edf6f6ebc2e4e3e3ace5edf4">[email protected]</span></a>.

(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 Union Aviation Safety Agency (EASA) AD 2020-0109, 
dated May 15, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0109, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#29686d5a694c485a48074c5c5b465948074c5c"><span class="__cf_email__" data-cfemail="5b1a1f281b3e3a283a753e2e29342b3a753e2e">[email protected]</span></a>; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) 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-2020-0681.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
<a href="/cdn-cgi/l/email-protection#d4b2b1b0a6b1b3fab8b1b3b5b894bab5a6b5fab3bba2"><span class="__cf_email__" data-cfemail="107675746275773e7c7577717c507e7162713e777f66">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 17, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-28861 Filed 12-29-20; 8:45 am]
BILLING CODE 4910-13-P


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