[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Rules and Regulations]
[Pages 15919-15922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05707]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0863; Product Identifier 2019-NM-157-AD; Amendment
39-19867; AD 2020-05-17]
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 A318-112, A319-111, A319-112, A319-113, A319-
114, A319-115, A319-131, A319-132, A319-133, A320-211, A320-212, A320-
214, A320-216, A320-231, A320-232, A320-233, A320-251N, and A320-271N
airplanes. This AD was prompted by a report of marginal clearance
between certain fuel sensor covers on both left-hand (LH) and right-
hand (RH) wings. This AD requires the replacement of certain fuel level
sensor brackets, 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 April 24, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 24,
2020.
ADDRESSES: For the material 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. 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
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0863.
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-2019-
0863; 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 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: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223; email
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 15920]]
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0197, dated August 14, 2019
(``EASA AD 2019-0197'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A318-112, A319-111, A319-112,
A319-113, A319-114, A319-115, A319-131, A319-132, A319-133, A320-211,
A320-212, A320-214, A320-215, A320-216, A320-231, A320-232, A320-233,
A320-251N, and A320-271N 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.
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 A318-112, A319-111, A319-112, A319-113, A319-114, A319-115, A319-
131, A319-132, A319-133, A320-211, A320-212, A320-214, A320-215, A320-
216, A320-231, A320-232, A320-233, A320-251N, and A320-271N airplanes.
The NPRM published in the Federal Register on November 7, 2019 (84 FR
60001). The NPRM was prompted by a report of marginal clearance between
certain fuel sensor covers on both LH and RH wings. The NPRM proposed
to require the replacement of certain fuel level sensor brackets.
The FAA is issuing this AD to address marginal clearance between
certain fuel sensor covers on rib 24 and the crown of stringer 15 on
both LH and RH wings. A possible contact between the shield and the
stringer, and/or possible motion between the stringer and the shield,
can make the gap more susceptible to sparking in case of lightning
strike. This condition could create a source of ignition in a fuel tank
vapor space, possibly resulting in a fire or explosion and consequent
loss of the airplane. See the MCAI for additional background
information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.
Support for the NPRM
Air Line Pilots Association, International (ALPA) agreed with the
intent of the NPRM.
Request To Clarify Affected Airplanes and Instructions
American Airlines (AAL) requested that the NPRM be revised to
clarify the affected airplanes. AAL stated that clarification is needed
on which airplanes fall outside of Group 1, 2, or 3, but still have not
embodied Airbus modification (mod) 158133 and are therefore affected by
EASA AD 2019-0197. AAL requested instructions on how to comply with the
actions specified in the proposed AD for those airplanes in ``Group 4''
(EASA AD 2019-0197 defines Group 1, 2, and 3 only). Alternatively, AAL
recommended that the proposed AD applicability reflect Group 1, 2, and
3 airplanes only.
The FAA agrees to clarify. This AD applies to Airbus airplanes
referenced in paragraph (c) of this AD as identified in EASA AD 2019-
0197, i.e., those that have not embodied Airbus modification 158133. If
modification 158133 is not installed on an airplane, and none of the
criteria associated with the definitions of Group 1, 2, or 3 airplanes
is met, then those airplanes (referred to as group 4 by the commenter)
are subject only to paragraph (4) of EASA AD 2019-0197, which contains
parts installation requirements. Paragraph (4) of EASA AD 2019-0197
also applies to Group 1, 2, and 3 airplanes. The FAA has not changed
this AD in this regard.
Request To Clarify Actions for Certain Airplanes
United Airlines (UAL) stated its fleet will be identified as Group
3 as specified in EASA AD 2019-0197 because Airbus Service Bulletin
A320-28-1216 is being implemented on its entire fleet. UAL noted that
if it were to incorporate Airbus Service Bulletin A320-57-1193 on its
fleet, Airbus would need to be contacted for instructions. The FAA
infers UAL is requesting that the FAA clarify the actions for Group 2
and Group 3 airplanes.
The FAA agrees to clarify. Group 3 airplanes are those having
embodied Airbus Service Bulletin A320-28-1216 but not Airbus Service
Bulletin A320-57-1193. However, once operators incorporate Airbus
Service Bulletin A320-28-1216 and Airbus Service Bulletin A320-57-1193
on an airplane, that airplane is a Group 2 airplane as defined in EASA
AD 2019-0197; operators then must comply with the requirements of this
AD that correspond to the actions specified in paragraph (2) of EASA AD
2019-0197. The FAA also acknowledges UAL's comment regarding operators
needing to contact Airbus prior to incorporating Airbus Service
Bulletin A320-57-1193, as specified in paragraph (3) of EASA AD 2019-
0197. The FAA has not changed this AD in this regard.
Request To Exclude Airplanes
Spirit Airlines requested that airplanes without factory
modification 160001 be excluded from the requirements of the proposed
AD. Spirit Airlines stated that if the proposed AD is applicable to
aircraft without the production modification 160001, then EASA AD 2019-
0197 gives no method of compliance. Spirit Airlines stated its
airplanes do not fall within Group 1, Group 2, or Group 3, as specified
in EASA AD 2019-0197. Spirit Airlines noted that the applicability
section of EASA AD 2019-0197 excludes only aircraft with factory
modification 158133.
The FAA disagrees with the commenter's request. If Airbus
modification 158133 is not installed, and none of the criteria
associated with the definitions for Group 1, 2, and 3 airplanes is met,
then those airplanes are still subject to the parts installation
requirements of this AD, as specified in paragraph (4) of EASA AD 2019-
0197. Paragraph (4) of EASA AD 2019-0197 applies to all airplanes
identified in paragraph (c), ``Applicability,'' of this AD, which
includes all manufacturer serial numbers (MSN) of the referenced
models, except those having Airbus modification 158133 embodied in
production. 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 as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0197 describes procedures for the replacement of
certain fuel level sensor brackets. 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.
[[Page 15921]]
Costs of Compliance
The FAA estimates that this AD affects 776 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Cost on U.S.
Labor cost Parts cost Cost per product operators
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Up to 7 work-hour x $85 per hour = Up to $595.......... Up to $609 Up to $1,204 Up to $934,304.
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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
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 (AD):
2020-05-17 Airbus SAS: Amendment 39-19867; Docket No. FAA-2019-0863;
Product Identifier 2019-NM-157-AD.
(a) Effective Date
This AD is effective April 24, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A318-112, A319-111, A319-
112, A319-113, A319-114, A319-115, A319-131, A319-132, A319-133,
A320-211, A320-212, A320-214, A320-216, A320-231, A320-232, A320-
233, A320-251N, and A320-271N airplanes, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2019-0197, dated August 14, 2019 (``EASA AD 2019-0197'').
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Reason
This AD was prompted by a report of marginal clearance between
certain fuel sensor covers on rib 24 and the crown of stringer 15 on
both left-hand (LH) and right-hand (RH) wings. A possible contact
between the shield and the stringer, and/or possible motion between
the stringer and the shield, can make the gap more susceptible to
sparking in case of lightning strike. The FAA is issuing this AD to
address this condition, which could create a source of ignition in a
fuel tank vapor space, possibly resulting in a fire or explosion and
consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0197.
(h) Exceptions to EASA AD 2019-0197
(1) Where EASA AD 2019-0197 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0197 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): For any service information
referenced in EASA AD 2019-0197 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(j) Related Information
For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer,
[[Page 15922]]
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223;
email [email protected].
(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 2019-0197,
dated August 14, 2019.
(ii) [Reserved]
(3) For information about EASA AD 2019-0197, 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.
(4) You may view this 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. 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-
2019-0863.
(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
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on March 7, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-05707 Filed 3-19-20; 8:45 am]
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