[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Rules and Regulations]
[Pages 21759-21762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08201]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0978; Product Identifier 2019-NM-163-AD; Amendment
39-19897; AD 2020-07-18]
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 superseding Airworthiness Directive (AD) 2017-05-
12, which applied to certain Airbus SAS Model A318-112 airplanes; Model
A319-111, -112, -115, -132, and -133 airplanes; Model A320-214, -232,
and -233 airplanes; and Model A321-211, -212, -213, -231, and -232
airplanes. AD 2017-05-12 required a one-time eddy current conductivity
measurement of certain cabin, cargo compartment, and frame structural
parts to determine if aluminum alloy with inadequate heat treatment was
used, and replacement if necessary. This AD retains the requirements of
AD 2017-05-12, and for certain airplanes, requires additional work, as
specified in a European Union
[[Page 21760]]
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
This AD was prompted by a determination that aluminum alloy with
inadequate heat treatment had been used for additional structural
parts. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective May 26, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 26,
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-2019-0978.
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-
0978; 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:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0196, dated August 14, 2019
(``EASA AD 2019-0196'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A318-112 airplanes; Model A319-
111, -112, -115, -132, and -133 airplanes; Model A320-214, -216, -232,
and -233 airplanes; and Model A321-211, -212, -213, -231, and -232
airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-05-12, Amendment 39-18823 (82 FR
13382, March 13, 2017) (``AD 2017-05-12''), which applied to certain
Airbus SAS Model A318-112 airplanes; Model A319-111, -112, -115, -132,
and -133 airplanes; Model A320-214, -232, and -233 airplanes; and Model
A321-211, -212, -213, -231, and -232 airplanes. The NPRM published in
the Federal Register on December 16, 2019 (84 FR 68376). The NPRM was
prompted by a determination that aluminum alloy with inadequate heat
treatment had been used for additional structural parts. The NPRM
proposed to retain the requirements of AD 2017-05-12, and for certain
airplanes, would require additional work. The FAA is issuing this AD to
address structural parts made of aluminum alloy with inadequate heat
treatment, which could result in reduced structural integrity of the
airplane.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response.
Request To Extend Compliance Time
American Airlines (AAL) asked that the FAA extend the compliance
time for the additional work required by paragraph (2) of EASA AD 2019-
0196. AAL asked that the compliance time be changed from within 108
months to within 120 months (10 years) from the date of aircraft
manufacture due to the nature of the work, and in order for affected
airplanes to do the work at the next scheduled heavy maintenance check
opportunity.
The FAA does not agree with the commenter's request to extend the
compliance time. AAL did not provide information showing that the
revised compliance time would provide an adequate level of safety. The
FAA has determined that the 108-month compliance time in EASA AD 2019-
0196 addresses the identified unsafe condition in a timely manner. In
developing an appropriate compliance time, EASA considered the degree
of urgency associated with addressing the subject unsafe condition, the
average utilization of the affected fleet, and the time necessary to
perform the additional work. The FAA has determined that the compliance
time specified in EASA AD 2019-0196 represents an appropriate interval
of time for affected airplanes to continue to operate without
compromising safety. However, under the provisions of paragraph (i)(1)
of this AD, the FAA will consider requests for approval of an extension
of the compliance time if sufficient data are submitted to substantiate
that the new compliance time would provide an acceptable level of
safety. The AD has not been changed in this regard.
Conclusion
The FAA has reviewed the relevant data, considered the comment
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 2019-0196 describes procedures for a one-time eddy current
conductivity measurement of certain cabin, cargo compartment, and frame
structural parts to determine if aluminum alloy with inadequate heat
treatment was used, and replacement if necessary. EASA AD 2019-0196
also describes, for certain airplanes, additional work (a one-time eddy
current conductivity measurement of certain other structural parts, and
replacement if necessary). 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 63 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 21761]]
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 2017-05- 6 work-hours x $85 $0 $510............... $32,130.
12. per hour = $510.
New actions...................... Up to 7 work-hours $0 Up to $595......... Up to $37,485.
x $85 per hour =
Up to $595.
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The FAA has received no definitive data that enables the agency to
provide cost estimates for the on-condition actions 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 individuals. The FAA does not control warranty coverage for
affected individuals. 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 removing Airworthiness Directive (AD)
2017-05-12, Amendment 39-18823 (82 FR 13382, March 13, 2017), and
adding the following new AD:
2020-07-18 Airbus SAS: Amendment 39-19897; Docket No. FAA-2019-0978;
Product Identifier 2019-NM-163-AD.
(a) Effective Date
This AD is effective May 26, 2020.
(b) Affected ADs
This AD replaces AD 2017-05-12, Amendment 39-18823 (82 FR 13382,
March 13, 2017) (``AD 2017-05-12'').
(c) Applicability
This AD applies to the Airbus SAS airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2019-0196, dated August 14, 2019 (``EASA AD 2019-0196'').
(1) Model A318-112 airplanes.
(2) Model A319-111, -112, -115, -132, and -133 airplanes.
(3) Model A320-214, -216, -232, and -233 airplanes.
(4) Model A321-211, -212, -213, -231, and -232 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by a determination that aluminum alloy with
inadequate heat treatment was used for certain structural parts,
including additional structural parts not addressed in AD 2017-05-
12. The FAA is issuing this AD to address structural parts made of
aluminum alloy with inadequate heat treatment, 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) 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 2019-0196.
(h) Exceptions to EASA AD 2019-0196
(1) Where EASA AD 2019-0196 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0196 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].
(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 2017-05-12 are approved as
AMOCs for the corresponding provisions of EASA AD 2019-0196 that are
required by paragraph (g) 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, 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 2019-0196 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
[[Page 21762]]
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, 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.
(3) The following service information was approved for IBR on
May 26, 2020.
(i) European Union Aviation Safety Agency (EASA) AD 2019-0196,
dated August 14, 2019.
(ii) [Reserved]
(4) For information about EASA AD 2019-0196, 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.
(5) 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-
2019-0978.
(6) 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 April 7, 2020.
Ross Landes,
Deputy Director for Regulatory Operations,Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-08201 Filed 4-17-20; 8:45 am]
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