Airworthiness Directives; Airbus SAS Airplanes, 35812-35814 [2019-15821]
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35812
Federal Register / Vol. 84, No. 143 / Thursday, July 25, 2019 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0116; Product
Identifier 2018–NM–152–AD; Amendment
39–19682; AD 2019–14–04]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A318, A319, A320,
and A321 series airplanes. This AD was
prompted by a determination that new
or more restrictive airworthiness
limitations are necessary. This AD
requires revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive fuel airworthiness
limitations. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective August 29,
2019.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 29, 2019.
ADDRESSES: For service information
identified in this final rule, 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 account.airwortheas@airbus.com; internet https://
www.airbus.com. You may view this
service information 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 on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0116.
SUMMARY:
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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–
0116; 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
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Jkt 247001
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.
SUPPLEMENTARY INFORMATION:
Discussion
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, A319, A320, and A321 series
airplanes. The NPRM published in the
Federal Register on March 5, 2019 (84
FR 7835). The NPRM was prompted by
a determination that new or more
restrictive airworthiness limitations are
necessary. The NPRM proposed to
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive fuel airworthiness
limitations.
The FAA is issuing this AD to address
the potential of ignition sources inside
fuel tanks, which, in combination with
flammable fuel vapors, could result in a
fuel tank explosion and consequent loss
of the airplane.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2018–0231,
dated October 25, 2018 (‘‘AD 2018–
0231’’) (referred to after this as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for certain Airbus
SAS Model A318, A319, A320, and
A321 series airplanes. The MCAI states:
The Airworthiness Limitations for the
Airbus A320 family aeroplanes, which are
approved by EASA, are currently defined and
published in the A318/A319/A320/A321
ALS document(s). The Fuel Airworthiness
Limitations (FAL) are published in ALS Part
5.
Failure to accomplish these instructions
could result in an unsafe condition.
Previously, EASA issued AD 2017–0169
[which corresponds to FAA AD 2018–17–21,
Amendment 39–19375 (83 FR 44209, August
30, 2018) (‘‘AD 2018–17–21’’)] to require
accomplishment of all maintenance tasks and
replacement of life limited parts as described
in ALS Part 5 at Revision 04.
Since that [EASA] AD was issued, Airbus
published the ALS, including new and/or
more restrictive requirements, and new A320
family models were certified and added to
the Applicability.
For the reason described above, this
[EASA] AD retains the requirements of EASA
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AD 2017–0169, which is superseded,
expands the Applicability and requires
accomplishment of the actions specified in
the ALS.
You may examine the MCAI in the
AD docket on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0116.
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
Matthew Flanders, Cristian Silva, and
Ben Troike, stated their support for the
NPRM. United Airlines (UAL) stated
that it fully agrees with the proposed
requirements.
Request To Supersede Related AD
UAL requested that we supersede AD
2018–17–21. UAL stated that EASA AD
2018–0231 provides equivalent
requirements as the proposed AD. In
addition, UAL commented that the
requirements in the proposed AD
terminates all the requirements in AD
2018–17–21; therefore, the proposed AD
should supersede AD 2018–17–21.
The FAA disagrees with issuing this
final rule as a supersedure AD. As stated
in the NPRM, the FAA determined that
a stand-alone AD is more appropriate to
address the actions in the MCAI because
it is more streamlined for the FAA to
release stand-alone ADs, compared to
the supersedure ADs. The FAA
considered the entire fleet size that
would be affected by superseding AD
2018–17–21 and the consequent
workload associated with revising
maintenance record entries. In light of
this, the FAA determined that a less
burdensome approach is to issue a
separate AD. Further, revising this AD
as requested would necessitate (under
the provisions of the Administrative
Procedure Act) reissuing the notice,
reopening the period for public
comment, considering additional
comments subsequently received, and
eventually issuing a final rule.
Therefore, in consideration of the unsafe
condition, the FAA has determined that
further delay of this AD is not
appropriate. The FAA has not changed
this AD in this regard.
Changes Made to This Final Rule
The FAA has determined that Airbus
SAS Model A320–252N airplanes were
inadvertently omitted from the
Applicability of the proposed AD.
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Federal Register / Vol. 84, No. 143 / Thursday, July 25, 2019 / Rules and Regulations
Therefore, the FAA has updated
paragraph (c)(3) of this AD to add those
airplanes. Since there are currently no
domestic operators of this product,
additional notice and opportunity for
public comment before issuing this AD
are unnecessary.
In the ‘‘Costs of Compliance’’
paragraph, we have updated the figure
to 1,497 airplanes to reflect the current
number of airplanes on the U.S. registry.
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:
• 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 Service Information Under 1
CFR Part 51
Airbus SAS has issued A318/A319/
A320/A321 Airworthiness Limitations
Section (ALS), Part 5, Fuel
Airworthiness Limitations (FAL),
Revision 05, dated June 13, 2018. This
service information describes fuel
airworthiness limitations items and
critical design configuration control
limitations (CDCCLs).
This service information 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.
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Costs of Compliance
The FAA estimates that this AD
affects 1,497 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD.
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours per operator, although the agency
recognizes that this number may vary
from operator to operator. In the past,
the FAA has estimated that this action
takes 1 work-hour per airplane. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
is more accurate than a per-airplane
estimate. Therefore, the FAA estimates
the total cost per operator to be $7,650
(90 work-hours × $85 per work-hour).
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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.
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
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,
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35813
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2019–14–04 Airbus SAS: Amendment 39–
19682; Docket No. FAA–2019–0116;
Product Identifier 2018–NM–152–AD.
(a) Effective Date
This AD is effective August 29, 2019.
(b) Affected ADs
This AD affects AD 2018–17–21,
Amendment 39–19375 (83 FR 44209, August
30, 2018) (‘‘AD 2018–17–21’’).
(c) Applicability
This AD applies to the Airbus SAS
airplanes identified in paragraphs (c)(1)
through (c)(4) of this AD, certificated in any
category, with an original airworthiness
certificate or original export certificate of
airworthiness issued on or before June 13,
2018.
(1) Model A318–111, –112, –121, and –122
airplanes.
(2) Model A319–111, –112, –113, –114,
–115, –131, –132, and –133 airplanes.
(3) Model A320–211, –212, –214, –216,
–231, –232, –233, –251N, –252N, and –271N
airplanes.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, –232, –251N, –251NX,
–252N, –252NX, –253N, –253NX, –271N,
–271NX, –272N, and –272NX airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address the potential of ignition
sources inside fuel tanks, which, in
combination with flammable fuel vapors,
could result in a fuel tank explosion and
consequent loss of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Maintenance or Inspection Program
Revision
Within 90 days after the effective date of
this AD, revise the existing maintenance or
inspection program, as applicable, to
incorporate the information specified in
Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS),
Part 5, Fuel Airworthiness Limitations (FAL),
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Federal Register / Vol. 84, No. 143 / Thursday, July 25, 2019 / Rules and Regulations
Revision 05, dated June 13, 2018. The initial
compliance time for doing the tasks is at the
time specified in Airbus A318/A319/A320/
A321 Airworthiness Limitations Section
(ALS), Part 5, Fuel Airworthiness Limitations
(FAL), Revision 05, dated June 13, 2018, or
within 90 days after the effective date of this
AD, whichever occurs later.
(h) No Alternative Actions, Intervals, or
Critical Design Configuration Control
Limitations (CDCCLs)
After the maintenance or inspection
program has been revised as required by
paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, or
CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an
alternative method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (j)(1) of this AD.
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(i) Terminating Action for AD 2018–17–21
Accomplishing the actions required by this
AD terminates all requirements of AD 2018–
17–21.
(j) 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 (k)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov.
(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
2018–17–21 are approved as AMOCs for the
corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or the
European Aviation Safety Agency (EASA); or
Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): 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
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Jkt 247001
changes to procedures or tests identified as
RC require approval of an AMOC.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2018–0231, dated October 25, 2018, for
related information. This MCAI may be
found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2019–0116.
(2) 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.
14 CFR Part 39
(l) Material Incorporated by Reference
The FAA is adopting a new
airworthiness directive (AD) for certain
Sikorsky Aircraft Corporation (Sikorsky)
Model S–92A helicopters. This AD was
prompted by fatigue analysis indicating
stress concentrations, as well as the
discovery of a helicopter with a crack in
the station (STA) 362 frame and skin.
This AD requires inspecting the main
transmission forward and aft frame
assemblies and adjacent skins for a
crack and loose fasteners, and
establishing life limits for certain frame
assemblies. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective August 29,
2019.
ADDRESSES: For service information
identified in this final rule, contact
Sikorsky Aircraft Corporation, Customer
Service Engineering, 124 Quarry Road,
Trumbull, CT 06611; telephone 1–800–
Winged–S or 203–416–4299; email:
wcs_cust_service_eng.gr-sik@lmco.com.
You may view this service information
at the FAA, Office of the Regional
Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N–321, Fort
Worth, TX 76177.
(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) Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS),
Part 5, Fuel Airworthiness Limitations (FAL),
Revision 05, dated June 13, 2018.
(ii) Reserved
(3) For 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 account.airworth-eas@
airbus.com; internet https://www.airbus.com.
(4) You may view this service information
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.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Des Moines, Washington, on July
16, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–15821 Filed 7–24–19; 8:45 am]
BILLING CODE 4910–13–P
PO 00000
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[Docket No. FAA–2016–8501; Product
Identifier 2014–SW–042–AD; Amendment
39–19678; AD 2019–13–05]
RIN 2120–AA64
Airworthiness Directives; Sikorsky
Aircraft Corporation Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY:
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–2016–8501; 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:
Kristopher Greer, Aviation Safety
Engineer, Boston ACO Branch,
Compliance and Airworthiness
E:\FR\FM\25JYR1.SGM
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Agencies
[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Rules and Regulations]
[Pages 35812-35814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15821]
[[Page 35812]]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0116; Product Identifier 2018-NM-152-AD; Amendment
39-19682; AD 2019-14-04]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A318, A319, A320, and A321 series airplanes.
This AD was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. This AD requires revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive fuel airworthiness limitations. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective August 29, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 29,
2019.
ADDRESSES: For service information identified in this final rule,
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 service information
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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0116.
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-
0116; 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.
SUPPLEMENTARY INFORMATION:
Discussion
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, A319, A320, and A321 series airplanes. The NPRM published
in the Federal Register on March 5, 2019 (84 FR 7835). The NPRM was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. The NPRM proposed to require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive fuel airworthiness limitations.
The FAA is issuing this AD to address the potential of ignition
sources inside fuel tanks, which, in combination with flammable fuel
vapors, could result in a fuel tank explosion and consequent loss of
the airplane.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0231, dated October 25, 2018 (``AD 2018-0231'') (referred to after
this as the Mandatory Continuing Airworthiness Information, or ``the
MCAI''), to correct an unsafe condition for certain Airbus SAS Model
A318, A319, A320, and A321 series airplanes. The MCAI states:
The Airworthiness Limitations for the Airbus A320 family
aeroplanes, which are approved by EASA, are currently defined and
published in the A318/A319/A320/A321 ALS document(s). The Fuel
Airworthiness Limitations (FAL) are published in ALS Part 5.
Failure to accomplish these instructions could result in an
unsafe condition.
Previously, EASA issued AD 2017-0169 [which corresponds to FAA
AD 2018-17-21, Amendment 39-19375 (83 FR 44209, August 30, 2018)
(``AD 2018-17-21'')] to require accomplishment of all maintenance
tasks and replacement of life limited parts as described in ALS Part
5 at Revision 04.
Since that [EASA] AD was issued, Airbus published the ALS,
including new and/or more restrictive requirements, and new A320
family models were certified and added to the Applicability.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2017-0169, which is superseded, expands the
Applicability and requires accomplishment of the actions specified
in the ALS.
You may examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0116.
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
Matthew Flanders, Cristian Silva, and Ben Troike, stated their
support for the NPRM. United Airlines (UAL) stated that it fully agrees
with the proposed requirements.
Request To Supersede Related AD
UAL requested that we supersede AD 2018-17-21. UAL stated that EASA
AD 2018-0231 provides equivalent requirements as the proposed AD. In
addition, UAL commented that the requirements in the proposed AD
terminates all the requirements in AD 2018-17-21; therefore, the
proposed AD should supersede AD 2018-17-21.
The FAA disagrees with issuing this final rule as a supersedure AD.
As stated in the NPRM, the FAA determined that a stand-alone AD is more
appropriate to address the actions in the MCAI because it is more
streamlined for the FAA to release stand-alone ADs, compared to the
supersedure ADs. The FAA considered the entire fleet size that would be
affected by superseding AD 2018-17-21 and the consequent workload
associated with revising maintenance record entries. In light of this,
the FAA determined that a less burdensome approach is to issue a
separate AD. Further, revising this AD as requested would necessitate
(under the provisions of the Administrative Procedure Act) reissuing
the notice, reopening the period for public comment, considering
additional comments subsequently received, and eventually issuing a
final rule. Therefore, in consideration of the unsafe condition, the
FAA has determined that further delay of this AD is not appropriate.
The FAA has not changed this AD in this regard.
Changes Made to This Final Rule
The FAA has determined that Airbus SAS Model A320-252N airplanes
were inadvertently omitted from the Applicability of the proposed AD.
[[Page 35813]]
Therefore, the FAA has updated paragraph (c)(3) of this AD to add those
airplanes. Since there are currently no domestic operators of this
product, additional notice and opportunity for public comment before
issuing this AD are unnecessary.
In the ``Costs of Compliance'' paragraph, we have updated the
figure to 1,497 airplanes to reflect the current number of airplanes on
the U.S. registry.
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:
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 Service Information Under 1 CFR Part 51
Airbus SAS has issued A318/A319/A320/A321 Airworthiness Limitations
Section (ALS), Part 5, Fuel Airworthiness Limitations (FAL), Revision
05, dated June 13, 2018. This service information describes fuel
airworthiness limitations items and critical design configuration
control limitations (CDCCLs).
This service information 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 1,497 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD.
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. In the past, the FAA has estimated that this action takes
1 work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
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.
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
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):
2019-14-04 Airbus SAS: Amendment 39-19682; Docket No. FAA-2019-0116;
Product Identifier 2018-NM-152-AD.
(a) Effective Date
This AD is effective August 29, 2019.
(b) Affected ADs
This AD affects AD 2018-17-21, Amendment 39-19375 (83 FR 44209,
August 30, 2018) (``AD 2018-17-21'').
(c) Applicability
This AD applies to the Airbus SAS airplanes identified in
paragraphs (c)(1) through (c)(4) of this AD, certificated in any
category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before June 13,
2018.
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, and -271N airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address the potential of ignition sources inside
fuel tanks, which, in combination with flammable fuel vapors, could
result in a fuel tank explosion and consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision
Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS), Part 5, Fuel Airworthiness
Limitations (FAL),
[[Page 35814]]
Revision 05, dated June 13, 2018. The initial compliance time for
doing the tasks is at the time specified in Airbus A318/A319/A320/
A321 Airworthiness Limitations Section (ALS), Part 5, Fuel
Airworthiness Limitations (FAL), Revision 05, dated June 13, 2018,
or within 90 days after the effective date of this AD, whichever
occurs later.
(h) No Alternative Actions, Intervals, or Critical Design Configuration
Control Limitations (CDCCLs)
After the maintenance or inspection program has been revised as
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (j)(1) of this AD.
(i) Terminating Action for AD 2018-17-21
Accomplishing the actions required by this AD terminates all
requirements of AD 2018-17-21.
(j) 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 (k)(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 2018-17-21 are approved as
AMOCs for the corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (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): 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.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0231, dated October 25, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0116.
(2) 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.
(l) 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) Airbus A318/A319/A320/A321 Airworthiness Limitations Section
(ALS), Part 5, Fuel Airworthiness Limitations (FAL), Revision 05,
dated June 13, 2018.
(ii) Reserved
(3) For 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.
(4) You may view this service information 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on July 16, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-15821 Filed 7-24-19; 8:45 am]
BILLING CODE 4910-13-P