Discussion
We issued AD 2018-25-12, Amendment 39-19523 (83 FR 64230, December 14, 2018) (``AD 2018-25-12''), which applied to certain Airbus SAS Model A350-941 airplanes. AD 2018-25-12 required 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. AD 2018-25-12 resulted from a determination that certain holes for the VTP tension bolts connection are not properly protected against corrosion. We issued AD 2018-25-12 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.
Actions Since AD 2018-25-12 Was Issued
Since we issued AD 2018-25-12, it was determined that the instructions for certain airplanes (Group 2 airplanes as identified in the EASA AD identified below), are unclear for proper accomplishment of the required modification.
The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2018-0290, dated December 21, 2018 (``EASA AD 2018-0290'') (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.
To address this unsafe condition, Airbus developed production mod 108307 and mod 110696 to improve protection against corrosion, and issued the SB [service bulletin] to provide in-service modification instructions. Consequently, EASA issued AD 2018-0045 [which corresponds to FAA 2018-25-12] to require a modification by adding sealant and protective treatment tothe head of the section 19 VTP tension bolts connection, at the barrel nut cavities and in the surrounding area.
Since that [EASA] AD was issued, it was identified that the instructions for Group 2 aeroplanes, as identified in the SB, were not clear enough for proper accomplishment. Consequently, Airbus published Revision 01 of the SB to clarify those instructions for Group 2 aeroplanes.
For the reasons described above, this [EASA] AD retains the requirements of EASA AD 2018-0045, which is superseded, and requires, for Group 2 aeroplanes, accomplishment of the modification in accordance with the instructions of Revision 01 of the SB.
You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019- 0405.
Explanation of Retained Requirements
Although this AD does not explicitly restate the requirements of AD 2018-25-12, this AD retains certain requirements of AD 2018-25-12 with clarified instructions. Those requirements are referenced in EASA AD 2018-0290, which, in turn, is referenced in paragraph (g) of this AD.
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Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0290 describes procedures for implementing the means to protect the section 19 VTP frames connections (by 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.
FAA's Determination
This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD 2018-0290 described previously, through the incorporation by reference of EASA AD 2018-0290, except for any differences identified as exceptions in the regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA worked with Airbus and EASA to develop a process to use certain EASA ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. As a result, EASA AD 2018-0290 is incorporated by reference in the FAA final rule. This AD, therefore, requires compliance with the provisions specified in EASA AD 2018-0290, except for any differences identified as exceptions in the regulatory text of this AD. Service information specified in EASA AD 2018-0290 that is required for compliance with EASA AD 2018-0290 is available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019- 0405.
FAA's Justification and Determination of the Effective Date
Since there are currently no domestic operators of this product, notice and opportunity for public comment before issuing this AD are unnecessary. In addition, for the reasons stated above, we find that good cause exists for making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2019-0405; Product Identifier 2019-NM-003-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.
Costs of Compliance
Currently, there are no U.S.-registered airplanes. If an affected airplane is imported and placed on the U.S. Register in the future, we provide the following cost estimates to comply with this AD:
Estimated Costs for Required Actions ------------------------------------------------------------------------
Cost per
Labor cost Parts cost product ------------------------------------------------------------------------ 48 work-hour x $85per hour = $4,080.. $9,200 $13,280 ------------------------------------------------------------------------
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 known 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
We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between thenational 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
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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.