[Federal Register Volume 85, Number 108 (Thursday, June 4, 2020)]
[Proposed Rules]
[Pages 34371-34375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12025]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0451; Product Identifier 2020-NM-036-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 99-
01-19 and AD 2004-25-02, which apply to certain Airbus SAS Model A320
series airplanes. AD 99-01-19 and AD 2004-25-02 require repetitive
inspections to detect fatigue cracking in certain areas of the
fuselage, and corrective action if necessary. AD 2004-25-02 also
provides an optional terminating action for the repetitive inspections.
Since the FAA issued AD 2004-25-02, it has been reported that, during
full scale tests to support the Model A320 structure extended service
goal (ESG) exercise, several cracks were found on both sides of the
overwing emergency exit door cut-outs at fuselage section 15. This
proposed AD would continue to require, for certain airplanes,
repetitive inspections of the fastener holes for any cracking, and
repair if necessary, and would provide an optional terminating action
for the fastener hole inspections. This proposed AD would also expand
the applicable airplanes and require, for all airplanes, inspections of
the emergency exit door structure for any cracking and repair if
necessary; as specified in a European Union Aviation Safety Agency
(EASA) AD, which will be incorporated by reference. The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by July 20,
2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-
[[Page 34372]]
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
For EASA material that will be incorporated by reference (IBR) in
this AD, contact the 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. For Airbus service information
identified in this proposed AD, contact Airbus SAS, Airworthiness
Office--EIAS, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex,
France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email
[email protected]; internet https://www.airbus.com. You
may view this IBR material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0451.
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-
0451; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223;
email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0451;
Product Identifier 2020-NM-036-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
The FAA will post all received comments, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this NPRM.
Discussion
The FAA issued AD 2004-25-02, Amendment 39-13889 (70 FR 1184,
January 6, 2005) (``AD 2004-25-02''), which applies to certain Airbus
SAS Model A320 series airplanes. AD 2004-25-02 requires repetitive
inspections to detect fatigue cracking in certain areas of the
fuselage, and corrective action if necessary. AD 2004-25-02 also
provides an optional terminating action for the repetitive inspections.
The FAA issued AD 2004-25-02 to address fatigue cracking of the
fuselage, which could result in reduced structural integrity of the
airplane.
AD 2004-25-02 specifies that accomplishing the inspection in
paragraph (i) of that AD terminates the repetitive inspection
requirements of that AD. In addition, paragraph (f) of AD 2004-25-02
specifies that accomplishing the inspection in that paragraph
terminates the requirements of AD 99-01-19, Amendment 39-10987 (64 FR
1114, January 8, 1999) (``AD 99-01-19'').
Actions Since AD 2004-25-02 Was Issued
Since the FAA issued AD 2004-25-02, the agency has determined
additional action is necessary to address the identified unsafe
condition and that additional airplanes are affected by the unsafe
condition.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0040, dated February 28, 2020
(``EASA AD 2020-0040'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A319-111, -112, -113, -114, -115, -
131, -132, and -133 airplanes; and Model A320-211, -212, -214, -215, -
216, -231, -232, and -233 airplanes. Model A320-215 airplanes are not
certified by the FAA and are not included on the U.S. type certificate
data sheet; this AD therefore does not include those airplanes in the
applicability. EASA AD 2020-0040 supersedes French AD 2002-259(B),
dated May 15, 2002 (which corresponds to FAA AD 2004-25-12).
This proposed AD was prompted by a report that during full scale
tests to support the Model A320 structure ESG exercise, several cracks
were found on both sides of the overwing emergency exit door cut-outs
at fuselage section 15. The FAA is proposing this AD to address fatigue
cracking of the fuselage, which could result in reduced structural
integrity of the airplane. See the MCAI for additional background
information.
Explanation of Retained Requirements
Paragraphs (g), (h), (i), and (j) of this proposed AD restate the
requirements and optional terminating action of AD 2004-25-02, except a
terminating action for repaired areas is removed as of the effective
date of this AD. Paragraph (h) of AD 2004-25-02 (which corresponds to
paragraph (i) of this proposed AD), specifies that accomplishment of
the repair terminates the repetitive inspections for the area repaired.
However, paragraph (3) of EASA AD 2020-0040, specifies that the repair
does not terminate the repetitive inspections. The corresponding FAA
paragraph (paragraph (i) of this proposed AD) specifies the repair does
not terminate the inspections as of the effective date of this AD.
In addition, the FAA has revised the service information compliance
language for the optional modification. Paragraph (i) of AD 2004-25-02
refers to using Airbus Service Bulletin A320-53-1031, dated December 9,
1994; or Revision 02, dated December 5, 2001, for the optional
modification. However, paragraph (j) of this proposed AD specifies
using Airbus Service Bulletin A320-53-1031, Revision 02, dated December
5, 2001, for the optional modification. The FAA has added paragraph (m)
of this proposed AD to provide credit for the optional modification if
done using Airbus Service Bulletin A320-53-1031, dated December 9,
1994.
Also, the FAA did not restate paragraph (j) of AD 2004-25-02 in
this proposed AD because that paragraph was informational. If Airbus
Service Bulletin A320-53-1031, dated December 9, 1994; or Revision 02,
dated December 5, 2001; was used for the optional modification while
complying with AD 99-01-19, operators are in compliance with paragraph
(i) of AD 2004-25-02 (which now corresponds to paragraphs (j) and (m)
of this proposed AD).
[[Page 34373]]
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0040 describes, among other actions, procedures for
inspections of the emergency exit door structure for any cracking and
repair, and if necessary.
Airbus has issued Service Bulletin A320-53-1031, Revision 02, dated
December 5, 2001. This service information describes procedures for
repetitive rotating probe inspections of the fasteners holes and repair
if necessary.
This AD would also require Airbus Service Bulletin A320-53-1032,
Revision 02, dated December 5, 2001, which the Director of the Federal
Register approved for incorporation by reference as of February 10,
2005 (70 FR 1184, January 6, 2005).
This AD would also require Airbus Service Bulletin A320-53-1032,
Revision 01, dated January 15, 1998, which the Director of the Federal
Register approved for incorporation by reference as of February 12,
1999 (64 FR 1114, January 8, 1999).
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the agency
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Proposed AD Requirements
This proposed AD would retain the requirements of AD 2014-25-02.
This proposed AD would also expand the applicability and require
accomplishing the actions specified in EASA AD 2020-0040 described
previously, as incorporated by reference, except for any differences
identified as exceptions in the regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0040
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0040 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2020-0040 that is required for compliance with EASA AD 2020-
0040 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0451 after the FAA
final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 800 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions *
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Retained actions from AD 2004-25- Up to 19 work-hours $0 Up to $1,615....... Up to $1,292,000.
02. x $85 per hour =
Up to $1,615.
New proposed actions............. Up to 23 work-hours 0 Up to $1,955....... Up to $1,564,000.
x $85 per hour =
Up to $1,955.
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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: Modification, Repair of Fastener Holes, and Repair of Cracks in the
Emergency Exit Door Structure That Are Within Limits
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Labor cost Parts cost Cost per product
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Up to 66 work-hours x $85 per hour = Up Up to $85,000.............. Up to $90,610.
to $5,610.
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The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition repair of cracks
in the emergency exit door structure that are not within limits that is
specified in this proposed AD.
[[Page 34374]]
Estimated Costs for Optional Actions
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Cost per
Labor cost Parts cost product
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1 work-hour x $85 per hour = $85...... $4,219 $4,304
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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)
99-01-19, Amendment 39-10987 (64 FR 1114, January 8, 1999); and AD
2004-25-02, Amendment 39-13889 (70 FR 1184, January 6, 2005); and
adding the following new AD:
Airbus SAS: Docket No. FAA-2020-0451; Product Identifier 2020-NM-
036-AD.
(a) Comments Due Date
The FAA must receive comments by July 20, 2020.
(b) Affected ADs
This AD replaces AD 99-01-19, Amendment 39-10987 (64 FR 1114,
January 8, 1999) (``AD 99-01-19''); and AD 2004-25-02, Amendment 39-
13889 (70 FR 1184, January 6, 2005) (``AD 2004-25-02'').
(c) Applicability
This AD applies to all Airbus SAS Model A319-111, -112, -113, -
114, -115, -131, -132, and -133 airplanes; and Model A320-211, -212,
-214, -216, -231, -232, and -233 airplanes, certificated in any
category.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by a report that, during full scale tests
to support the Model A320 structure extended service goal (ESG)
exercise, several cracks were found on both sides of the overwing
emergency exit door cut-outs at fuselage section 15. The FAA is
issuing this AD to address fatigue cracking of the fuselage, which
could result in reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Initial Inspections, with No Changes
For Airbus SAS Model A320-111, -211, -212, and -231 series
airplanes on which Airbus Modification 21346 has not been done: This
paragraph restates the requirements of paragraph (f) of AD 2004-25-
02, with no changes. At the applicable time specified in paragraph
(g)(1) or (2) of this AD: Do a detailed inspection to find cracking
on the outboard flanges around the fastener holes of frames 38
through 41, between stringers 12 and 21, using Airbus Service
Bulletin A320-53-1032, Revision 02, dated December 5, 2001.
(1) For airplanes on which the inspection specified in Airbus
Service Bulletin A320-53-1032, Revision 01, dated January 15, 1998;
or Airbus Service Bulletin A320-53-1032, Revision 02, dated December
5, 2001; has been done as of February 10, 2005 (the effective date
of AD 2004-25-02): Do the next inspection within 4,900 flight cycles
after accomplishment of the last inspection, or within 1,100 flight
cycles after February 10, 2005, whichever is later.
(2) For airplanes on which no inspection specified in Airbus
Service Bulletin A320-53-1032, Revision 01, dated January 15, 1998;
or Airbus Service Bulletin A320-53-1032, Revision 02, dated December
5, 2001; has been done as of February 10, 2005 (the effective date
of AD 2004-25-02): Do the inspection at the earlier of the times
specified in paragraphs (g)(2)(i) and (ii) of this AD.
(i) Before the accumulation of 30,000 total flight cycles.
(ii) Before the accumulation of 24,800 total flight cycles, or
within 3,500 flight cycles after February 10, 2005 (the effective
date of AD 2004-25-02), whichever is later.
(h) Retained Repetitive Inspections if No Cracking Is Found, With No
Changes
This paragraph restates the requirements of paragraph (g) of AD
2004-25-02, with no changes. If no crack is found during the
inspection required by paragraph (g)(1) or (2) of this AD: Repeat
the inspection thereafter at intervals not to exceed 4,900 flight
cycles.
(i) Retained Corrective Actions With New Repetitive Inspections and
Compliance Language
This paragraph restates the requirements of paragraph (h) of AD
2004-25-02, with new repetitive inspections and compliance language.
If any crack is found during any inspection required by paragraph
(g) of this AD, before further flight, repair using Airbus Service
Bulletin A320-53-1032, Revision 01, dated January 15, 1998; or
Airbus Service Bulletin A320-53-1032, Revision 02, dated December 5,
2001. Accomplishment of a repair using the service bulletin before
the effective date of this AD ends the repetitive inspection
requirements for the area repaired. As of the effective date of this
AD, the repair does not constitute terminating action for the
repetitive inspection. Thereafter, repeat the inspection at
intervals not to exceed 4,900 flight cycles. If any crack is found
during any inspection required by this AD, and the service bulletin
specifies to contact Airbus for appropriate action: Before further
flight, repair using a method approved by the Manager, Large
Aircraft Section, International Validation Branch, FAA.
[[Page 34375]]
(j) Retained Optional Terminating Action With Changes to the Service
Information Compliance Language
This paragraph restates the optional terminating action
specified in paragraphs (i) and (j) of AD 2004-25-02, with changes
to the service information compliance language. Accomplishment of
Airbus Modification 21346 using Airbus Service Bulletin A320-53-
1031, Revision 02, dated December 5, 2001, constitutes terminating
action for the repetitive inspection requirements of paragraphs (h)
and (i) this AD.
(k) New Requirements
Except as specified in paragraph (l) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0040, dated February 28, 2020 (``EASA AD 2020-0040'').
(l) Exceptions to EASA AD 2020-0040
(1) Where EASA AD 2020-0040 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2020-0040 requires the accomplishment of
repetitive inspections and corrective actions as specified in
paragraphs (1) and (2) of the EASA AD, those actions are not
required by this AD as specified in the EASA AD. Those actions are
required by paragraphs (g), (h), and (i) of this AD.
(m) Credit for Previous Actions
This paragraph provides credit for the optional terminating
action specified in paragraph (j) of this AD, if Airbus Modification
21346 was performed before the effective date of this AD using
Airbus Service Bulletin A320-53-1031, dated December 9, 1994.
(n) 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, FAA, send it to the attention of the person identified in
paragraph (o)(2) of this AD. Information may be emailed to: [email protected].
(i) 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.
(ii) AMOCs approved previously for AD 2004-25-02 are approved as
AMOCs for the corresponding provisions of paragraphs (g) through (j)
of this AD.
(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.
(o) Related Information
(1) For information about EASA AD 2020-0040, contact the 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. For Airbus service information identified in this
AD, contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93
36 96; fax +33 5 61 93 44 51; email [email protected];
internet https://www.airbus.com. 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-
2020-0451.
(2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3223; email [email protected].
Issued on May 29, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-12025 Filed 6-3-20; 8:45 am]
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