Airworthiness Directives; Airbus SAS Airplanes, 43039-43042 [2019-17905]

Download as PDF Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Rules and Regulations During the selection of these materials, consideration must also be given to ensure that the flammability characteristics of the materials will not be adversely affected by the use of cleaning agents and utensils used to remove cooking stains. 6. The cooktop must be ventilated with a system independent of the airplane cabin and cargo ventilation system. Procedures and time intervals must be established to inspect and clean or replace the ventilation system to prevent a fire hazard from the accumulation of flammable oils and be included in the instructions for continued airworthiness. [Note: The applicant may find additional useful information in Society of Automotive Engineers, Aerospace Recommended Practice 85, Rev. E, entitled ‘‘Air Conditioning Systems for Subsonic Airplanes,’’ dated August 1, 1991.] 7. Means must be provided to contain spilled foods or fluids in a manner that will prevent the creation of a slipping hazard to occupants and will not lead to the loss of structural strength due to corrosion. 8. Cooktop installations must provide adequate space for the user to immediately escape a hazardous cooktop condition. 9. A means to shut off power to the cooktop must be provided at the galley containing the cooktop and in the cockpit. If additional switches are introduced in the cockpit, revisions to smoke or fire emergency procedures of the AFM will be required. 10. If the cooktop is required to have a lid to enclose the cooktop, there must be a means to automatically shut off power to the cooktop when the lid is enclosed. Issued in Des Moines, Washington, on August 13, 2019 Mary A. Schooley, Acting Manager, Transport Standards Branch, Policy and Innovation Division, Aircraft Certification Service. [FR Doc. 2019–17696 Filed 8–19–19; 8:45 am] jbell on DSK3GLQ082PROD with RULES BILLING CODE 4910–13–P VerDate Sep<11>2014 15:49 Aug 19, 2019 Jkt 247001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0607; Product Identifier 2019–NM–135–AD; Amendment 39–19709; AD 2019–16–06] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A320–251N and A320–271N airplanes. This AD was prompted by analysis and laboratory testing of the behavior of the flight control laws, which identified reduced efficiency of the angle of attack (AoA) protection that may result in excessive pitch attitude in certain configurations in combination with specific maneuvers commanded by the flight crew. This AD requires revising the existing airplane flight manual (AFM) to incorporate operational limitations, 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 becomes effective September 4, 2019. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 4, 2019. The FAA must receive comments on this AD by October 4, 2019. 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– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For the material incorporated by reference (IBR) in this AD, contact the PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 43039 EASA, at Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email ADs@ easa.europa.eu; 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– 0607. 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– 0607; 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 AD, the regulatory evaluation, 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, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3223. SUPPLEMENTARY INFORMATION: Discussion The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2019–0189, dated July 31, 2019 (‘‘EASA AD 2019–0189’’) (also referred to as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for all Airbus SAS Model A320–251N and A320–271N airplanes. The MCAI states: Analysis and laboratory testing of the behaviour of the flight control laws of the A320neo identified a reduced efficiency of the angle of attack protection when the aeroplane is set in certain flight configurations and in combination with specific manoeuvres commanded by the flight crew, as described through Section 2 of Airbus Flight Operations Transmission 999.0059/19. This condition, although never encountered during operations, if not corrected, could lead to excessive pitch attitude, possibly resulting in increased flight crew workload. To address this potential unsafe condition, Airbus issued the AFM TR [temporary revision], limiting the centre of gravity E:\FR\FM\20AUR1.SGM 20AUR1 43040 Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Rules and Regulations envelope, which prevents the aforementioned condition, and the Flight Operations Transmission 999.0059/19, providing aeroplane loading recommendations. For the reason described above, this [EASA] AD requires amendment of the applicable AFM by incorporating the applicable AFM TR. This [EASA] AD is considered to be an interim action and further AD action may follow. The potential unsafe condition addressed by this [EASA] AD and related required actions are different from those addressed by EASA AD 2019–0171R1 for A321neo aeroplanes. Related IBR Material Under 1 CFR Part 51 EASA AD 2019–0189 describes procedures for revising the existing AFM to incorporate operational limitations and updated procedures related to center of gravity. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA’s Determination This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with the State of Design Authority, the agency has been notified of the unsafe condition described in the MCAI referenced above. The FAA is issuing this AD because it has evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Requirements of This AD This AD requires accomplishing the actions specified in EASA AD 2019– 0189 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 worked with Airbus and EASA to develop a process to use certain EASA ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. As a result, EASA AD 2019–0189 will be incorporated by reference in the FAA final rule. This AD, therefore, requires compliance with EASA AD 2019–0189 in its entirety, through that incorporation, except for any differences identified as exceptions in the regulatory text of this 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 2019–0189 that is required for compliance with EASA AD 2019–0189 will be available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2019– 0607 after the FAA final rule is published. Justification for Immediate Adoption and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C.) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. As noted above and in EASA AD 2019–0189, these airplanes are subject to reduced efficiency of the AoA protection that may result in excessive pitch attitude in certain configurations in combination with specific maneuvers commanded by the flight crew resulting in reduced control of the airplane. The FAA considers the prevention of this unsafe condition to be an urgent safety issue. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days. Regulatory Flexibility Act (RFA) The requirements of the RFA do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and the FAA did not precede it by notice and opportunity for public comment. The FAA invites you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2019–0607; Product Identifier 2019–NM–135–AD’’ at the beginning of your comments. The FAA specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of this AD. The FAA will consider all comments received by the closing date and may amend this AD based on those comments. The FAA will post all comments received, 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 received about this AD. Costs of Compliance The FAA estimates that this AD affects 69 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: jbell on DSK3GLQ082PROD with RULES ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 1 work-hour × $85 per hour = $85 .............................................................................................. $0 $85 $5,865 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue VerDate Sep<11>2014 15:49 Aug 19, 2019 Jkt 247001 rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Aviation Programs, describes in more detail the scope of the Agency’s authority. E:\FR\FM\20AUR1.SGM 20AUR1 Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Rules and Regulations 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 The FAA has determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between 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, and (2) Will not affect intrastate aviation in Alaska. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment jbell on DSK3GLQ082PROD with RULES Accordingly, under the authority delegated to me by the Administrator, 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. VerDate Sep<11>2014 15:49 Aug 19, 2019 Jkt 247001 § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2019–16–06 Airbus SAS: Amendment 39– 19709; Docket No. FAA–2019–0607; Product Identifier 2019–NM–135–AD. (a) Effective Date This AD becomes effective September 4, 2019. (b) Affected ADs None. (c) Applicability This AD applies to all Airbus SAS Model A320–251N and A320–271N airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 27, Flight controls. (e) Reason This AD was prompted by analysis and laboratory testing of the behavior of the flight control laws, which identified reduced efficiency of the angle of attack (AoA) protection that may result in excessive pitch attitude in certain configurations in combination with specific maneuvers commanded by the flight crew. The FAA is issuing this AD to address such reduced efficiency of the AoA protection, which could result in reduced control 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, European Union Aviation Safety Agency (EASA) AD 2019–0189, dated July 31, 2019 (‘‘EASA AD 2019–0189’’). (h) Exceptions to EASA AD 2019–0189 (1) For purposes of determining compliance with the requirements of this AD: Where EASA AD 2019–0189 refers to its effective date, this AD requires using the effective date of this AD. (2) The ‘‘Remarks’’ section of EASA AD 2019–0189 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 9-ANM-116-AMOC-REQUESTS@ PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 43041 faa.gov. 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 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 Union 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. (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. (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 2019–0189, dated July 31, 2019. (ii) [Reserved] (3) For EASA AD 2019–0189, contact the EASA, at Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; email ADs@easa.europa.eu; 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 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. EASA AD 2019–0189 may be found in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2019–0607. (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. E:\FR\FM\20AUR1.SGM 20AUR1 43042 Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Rules and Regulations Issued in Des Moines, Washington, on August 8, 2019. Michael Millage, Acting Director, System Oversight Division, Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222–5711. [FR Doc. 2019–17905 Filed 8–19–19; 8:45 am] BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2019–0355; Airspace Docket No. 19–AGL–15] RIN 2120–AA66 Amendment of Class E Airspace; Marion, OH Federal Aviation Administration (FAA), DOT. ACTION: Final rule. jbell on DSK3GLQ082PROD with RULES AGENCY: SUMMARY: This action amends the Class E airspace extending upward from 700 feet above the surface at Marion Municipal Airport, Marion, OH. This action is due to an airspace review caused by the decommissioning of the Marion localizer/distance measuring equipment (LOC/DME) navigation aid, which provided navigation information to the instrument procedures at this airport. Airspace redesign is necessary for the safety and management of instrument flight rules (IFR) operations at this airport. DATES: Effective 0901 UTC, December 5, 2019. The Director of the Federal Register approves this incorporation by reference action under Title 1 Code of Federal Regulations part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments. ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at https://www.faa.gov/ air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11C at NARA, email fedreg.legal@nara.gov or go to https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. VerDate Sep<11>2014 15:49 Aug 19, 2019 Jkt 247001 Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends the Class E airspace extending upward from 700 feet above the surface at Marion Municipal Airport, Marion, OH, to support IFR operations at this airport. History The FAA published a notice of proposed rulemaking in the Federal Register (84 FR 26376; June 6, 2019) for Docket No. FAA–2019–0355 to amend the Class E airspace extending upward from 700 feet above the surface at Marion Municipal Airport, Marion, OH. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11C, dated August 13, 2018, and effective September 15, 2018, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. Availability and Summary of Documents for Incorporation by Reference This document amends FAA Order 7400.11C, Airspace Designations and Reporting Points, dated August 13, 2018, and effective September 15, 2018. FAA Order 7400.11C is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11C lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 The Rule This amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 by amending the Class E airspace extending upward from 700 feet above the surface to within a 6.5-mile radius (reduced from a 7-mile radius) of Marion Municipal Airport, Marion, OH; adding an extension 9.6 miles north and 6 miles south of the 081° radial from the Buckeye VOR extending from the 6.5mile radius to 7 miles from the Buckeye VOR; and removing the exclusion verbiage as it is no longer required. This action is the result of an airspace review caused by the decommissioning of the Marion LOC/DME VOR, which provided navigation information for the instrument procedures at this airport. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 5–6.5.a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: E:\FR\FM\20AUR1.SGM 20AUR1

Agencies

[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Rules and Regulations]
[Pages 43039-43042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17905]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0607; Product Identifier 2019-NM-135-AD; Amendment 
39-19709; AD 2019-16-06]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A320-251N and A320-271N airplanes. This AD was 
prompted by analysis and laboratory testing of the behavior of the 
flight control laws, which identified reduced efficiency of the angle 
of attack (AoA) protection that may result in excessive pitch attitude 
in certain configurations in combination with specific maneuvers 
commanded by the flight crew. This AD requires revising the existing 
airplane flight manual (AFM) to incorporate operational limitations, 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 becomes effective September 4, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 4, 
2019.
    The FAA must receive comments on this AD by October 4, 2019.

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-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For the material incorporated by reference (IBR) in this AD, 
contact the EASA, at 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-2019-0607.

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-
0607; 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 AD, the regulatory evaluation, 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, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0189, dated July 31, 2019 
(``EASA AD 2019-0189'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A320-251N and A320-271N airplanes. 
The MCAI states:

    Analysis and laboratory testing of the behaviour of the flight 
control laws of the A320neo identified a reduced efficiency of the 
angle of attack protection when the aeroplane is set in certain 
flight configurations and in combination with specific manoeuvres 
commanded by the flight crew, as described through Section 2 of 
Airbus Flight Operations Transmission 999.0059/19.
    This condition, although never encountered during operations, if 
not corrected, could lead to excessive pitch attitude, possibly 
resulting in increased flight crew workload.
    To address this potential unsafe condition, Airbus issued the 
AFM TR [temporary revision], limiting the centre of gravity

[[Page 43040]]

envelope, which prevents the aforementioned condition, and the 
Flight Operations Transmission 999.0059/19, providing aeroplane 
loading recommendations.
    For the reason described above, this [EASA] AD requires 
amendment of the applicable AFM by incorporating the applicable AFM 
TR.
    This [EASA] AD is considered to be an interim action and further 
AD action may follow.
    The potential unsafe condition addressed by this [EASA] AD and 
related required actions are different from those addressed by EASA 
AD 2019-0171R1 for A321neo aeroplanes.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0189 describes procedures for revising the existing 
AFM to incorporate operational limitations and updated procedures 
related to center of gravity.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the agency has been notified of the unsafe condition described in the 
MCAI referenced above. The FAA is issuing this AD because it has 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2019-0189 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 worked with Airbus and EASA to develop a process to 
use certain EASA ADs as the primary source of information for 
compliance with requirements for corresponding FAA ADs. As a result, 
EASA AD 2019-0189 will be incorporated by reference in the FAA final 
rule. This AD, therefore, requires compliance with EASA AD 2019-0189 in 
its entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this 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 
2019-0189 that is required for compliance with EASA AD 2019-0189 will 
be available on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0607 after the FAA final rule is 
published.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency, for ``good cause,'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to 
make rules effective in less than thirty days, upon a finding of good 
cause.
    As noted above and in EASA AD 2019-0189, these airplanes are 
subject to reduced efficiency of the AoA protection that may result in 
excessive pitch attitude in certain configurations in combination with 
specific maneuvers commanded by the flight crew resulting in reduced 
control of the airplane. The FAA considers the prevention of this 
unsafe condition to be an urgent safety issue. Accordingly, notice and 
opportunity for prior public comment are impracticable and contrary to 
the public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the 
FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making 
this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites you to send any written relevant data, 
views, or arguments about this AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2019-0607; 
Product Identifier 2019-NM-135-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. The FAA will 
consider all comments received by the closing date and may amend this 
AD based on those comments.
    The FAA will post all comments received, 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 received about this AD.

Costs of Compliance

    The FAA estimates that this AD affects 69 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85           $5,865
----------------------------------------------------------------------------------------------------------------

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.

[[Page 43041]]

    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

    The FAA has determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
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, and
    (2) Will not affect intrastate aviation in Alaska.

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):

2019-16-06 Airbus SAS: Amendment 39-19709; Docket No. FAA-2019-0607; 
Product Identifier 2019-NM-135-AD.

(a) Effective Date

    This AD becomes effective September 4, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A320-251N and A320-271N 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by analysis and laboratory testing of the 
behavior of the flight control laws, which identified reduced 
efficiency of the angle of attack (AoA) protection that may result 
in excessive pitch attitude in certain configurations in combination 
with specific maneuvers commanded by the flight crew. The FAA is 
issuing this AD to address such reduced efficiency of the AoA 
protection, which could result in reduced control 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, European Union Aviation Safety Agency (EASA) AD 
2019-0189, dated July 31, 2019 (``EASA AD 2019-0189'').

(h) Exceptions to EASA AD 2019-0189

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0189 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0189 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 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 Union 
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.

(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.

(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 2019-0189, 
dated July 31, 2019.
    (ii) [Reserved]
    (3) For EASA AD 2019-0189, contact the EASA, at 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 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. EASA AD 2019-0189 may be found in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0607.
    (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.


[[Page 43042]]


    Issued in Des Moines, Washington, on August 8, 2019.
Michael Millage,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-17905 Filed 8-19-19; 8:45 am]
BILLING CODE 4910-13-P
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