Airworthiness Directives; Airbus SAS Airplanes, 43681-43686 [2019-18045]
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Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Rules and Regulations
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):
■
2019–15–02 Airbus SAS: Amendment 39–
19695; Docket No. FAA–2019–0577;
Product Identifier 2019–NM–119–AD.
(a) Effective Date
This AD becomes effective September 6,
2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model
A321–251N, A321–252N, A321–253N, A321–
271N, A321–272N, A321–251NX, A321–
252NX, A321–253NX, A321–271NX, and
A321–272NX 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 of the
behavior of the elevator aileron computer
(ELAC) L102 that revealed that excessive
pitch attitude can occur in certain conditions
and during specific maneuvers. The FAA is
issuing this AD to address this excessive
pitch attitude, 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 2019–0171, dated
July 17, 2019 (‘‘EASA AD 2019–0171’’).
(h) Exceptions to EASA AD 2019–0171
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2019–0171 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0171 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,
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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@
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 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 DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2019–0171 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(j) Related Information
For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
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 2019–0171, dated July 17, 2019.
(ii) [Reserved]
(3) For EASA AD 2019–0171, 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 EASA AD 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.
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43681
EASA AD 2019–0171 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0577.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/federalregister/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on July
26, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–17978 Filed 8–21–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0018; Product
Identifier 2018–NM–116–AD; Amendment
39–19681; AD 2019–14–03]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is superseding
Airworthiness Directive (AD) 2016–07–
12, which applied to certain Airbus SAS
Model A318, A319, A320, and A321
series airplanes. AD 2016–07–12
required repetitive inspections for
damage and cracking of the aft fixed
fairing (AFF) of the pylons, and repair
if necessary. This AD retains the
requirements of AD 2016–07–12 and
requires additional repetitive
inspections at the upper spar at a certain
rib area and corrective actions if
necessary, as specified in an European
Aviation Safety Agency (EASA) AD,
which is incorporated by reference. This
AD was prompted by reports of cracking
of the AFF of the pylons due to fatigue
damage of the structure and reports of
cracks on a certain rib of a modified
AFF of the pylons. The FAA is issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective September
26, 2019.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of September 26, 2019.
ADDRESSES: For the material
incorporated by reference (IBR) in this
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AD, contact the EASA, at KonradAdenauer-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–
0018.
which could result in detachment of a
pylon and consequent reduced
structural integrity of the airplane.
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2018–0137R1, dated January 9, 2019
(‘‘EASA AD 2018–0137R1’’) (also
referred to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A318–
111, and -112; Model A319–111, –112,
–113, –114, and –115; Model A320–211,
–212, –214, and –216; and Model A321–
111, –112, –211, –212, and –213
airplanes. The MCAI states:
Examining the AD Docket
On aeroplanes equipped with post-mod
33844 CFM pylons, several operators
reported finding cracks on the Aft Fixed
Fairing (AFF). After material analysis, it
appeared that the pylon AFF structure,
especially on this configuration, was subject
to fatigue-induced damage which could lead
to pylon AFF cracks.
This condition, if not detected and
corrected, could lead to detachment of a
pylon AFF from the aeroplane, possibly
resulting in injury to persons on the ground.
To address this unsafe condition, Airbus
published Alert Operators Transmission
(AOT) A54N002–12, providing inspection
instructions. Thereafter, Airbus issued
Service Bulletin (SB) A320–54–1027, later
revised, superseding AOT A54N002–12.
EASA issued AD 2014–0154 [which
corresponds to FAA AD 2016–07–12] to
require repetitive inspections of the pylon
AFF and, depending on findings,
replacement.
After that [EASA] AD was issued, Airbus
developed mod 156593 to increase the
fatigue life of the pylon AFF structure by
using a different material and introducing
thermal treatment of the aluminium sheets
parts. Prompted by new findings of cracks on
rib 15, it was determined that this area also
needs to be inspected to ensure the structural
integrity of the new pylon AFF. Airbus
revised SB A320–54–1027, including
instructions for repetitive inspection of that
area. Repetitive inspections are also required
on post-mod 156593 aeroplanes.
Airbus also developed mod 159806 and
156765, redesigning the corner fittings at the
junction upper spar and rib 15, which
constitutes terminating action for the
repetitive inspections. For retrofit purposes,
Airbus issued SB A320–54–1035 and SB
A320–54–1036, later revised, providing
instructions to modify and re-identify the
pylon AFF, which constitutes terminating
action for the repetitive inspections.
For the reasons described above, EASA
issued AD 2018–0137 [which was referred to
as the appropriate source of service
information for accomplishing the actions
specified in the FAA NPRM], retaining the
requirements of EASA AD 2014–0154, which
was superseded, and requiring repetitive
inspections of the upper spar at rib 15 area
and, depending on findings, accomplishment
of applicable corrective action(s). This
[EASA] AD also included references to
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0018; 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 to supersede AD 2016–07–12,
Amendment 39–18457 (81 FR 19482,
April 5, 2016) (‘‘AD 2016–07–12’’). AD
2016–07–12 applied to certain Airbus
SAS Model A318, A319, A320, and
A321 series airplanes. The NPRM
published in the Federal Register on
February 22, 2019 (84 FR 5617). The
NPRM was prompted by reports of
cracking of the AFF of the pylons due
to fatigue damage of the structure and
reports of cracks on a certain rib of a
modified AFF of the pylons. The NPRM
proposed to continue to require
repetitive inspections for damage and
cracking of the AFF of the pylons. The
NPRM also proposed to require
additional repetitive inspections at the
upper spar at a certain rib area and
corrective actions if necessary. The FAA
is issuing this AD to address damage
and cracking of the AFF of the pylons,
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optional terminating actions, and provided
installation requirements for the new pylon
AFF.
Since that [EASA] AD was issued,
comments and requests for clarification have
been received from operators. This [EASA]
AD is revised, merging the restatement of
requirements of AD 2014–0154 with the new
requirements.
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–
0018.
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
Commenters Delta Air Lines (DAL),
Jeff Hymen, and Megan Neeley
indicated their support for the NPRM.
Request To Reference the Latest EASA
AD
Alaska Airlines (Alaska) and DAL
requested that the FAA refer to EASA
AD 2018–0137R1 in lieu of EASA AD
2018–0137, dated July 12, 2018 (‘‘EASA
AD 2018–0137’’). Alaska requested
revision of paragraphs (c) and (g) of the
proposed AD to cite EASA AD 2018–
0137R1.
The FAA agrees with the commenters’
requests. No additional work is required
for airplanes on which the requirements
of EASA AD 2018–0137, dated June 28,
2018 (‘‘EASA AD 2018–0137’’), have
been accomplished. The FAA has
revised paragraphs (c) and (g) of this AD
to cite EASA AD 2018–0137R1 in
addition to EASA AD 2018–0137. The
FAA has also revised paragraph (h)(1)(i)
of this AD to require the use of the
effective date of this AD rather than the
effective date of EASA 2018–0137 (July
12, 2018), as referenced in EASA ADs
2018–0137 and 2018–0137R1, to
determine compliance.
Request To Remove Paragraph (h)(4) of
the Proposed AD
DAL requested that paragraph (h)(4)
of the proposed AD be removed, which
did not allow for the provisions of
paragraph (5) of EASA AD 2018–0137
(credit for actions done using certain
service information). DAL argued that if
the provisions of paragraph (5) of EASA
AD 2018–0137R1 are disallowed, the
result would be a requirement that is
more restrictive to U.S. operators. DAL
further noted that disallowing paragraph
(5) of EASA AD 2018–0137R1, which
allows credit for initial inspections
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using additional revisions of certain
service information, would mean the
initial inspections would have to be
accomplished faster and may require
special scheduled inspections, which
often results in utilizing less
experienced mechanics. DAL requested
that the AD specify which revision of
the EASA AD will be allowed.
Accordingly, DAL requests that, if this
AD is updated to reflect EASA AD
2018–0137R1, that paragraph (h)(4) of
this AD be removed.
The FAA agrees with the request for
the reasons provided. Also note that
paragraph (5) of EASA AD 2018–0137R1
adds credit for initial inspections
performed in accordance with Airbus
Service Bulletin A320–54–1027, dated
April 10, 2014; and Airbus Service
Bulletin A320–54–1027, Revision 1,
dated January 14, 2015; which were not
included in paragraph (5) of EASA AD
2018–0137. Paragraph (h)(4) of the
proposed AD is removed and
paragraphs (h)(5) and (h)(6) of the
proposed AD are redesignated as
paragraphs (h)(4) and (h)(5) of this AD
to reflect this request.
Request To Allow Re-Installation of an
Affected Part Under Certain
Circumstances
DAL requested that the AD allow for
the re-installation of an affected AFF if
it was removed for reasons other than
meeting the requirement of the AD, such
as routine maintenance. DAL pointed
out that an affected AFF may need to be
removed for access to perform either
unrelated maintenance or for
compliance with certain service
information referenced in EASA ADs
2018–0137 and 2018–0137R1. DAL’s
interpretation of the ‘‘do not install’’
language in paragraph (11) of EASA AD
2018–0137 led it to believe that
operators would struggle to comply with
the instructions as written, and
recommended that the FAA adds a
statement that would allow the reinstallation of an AFF that was removed
from the airplane for the purpose of
maintenance or inspections.
The FAA agrees to clarify. Group 1
airplanes, as specified in EASA ADs
2018–0137 and 2018–0137R1, are those
that, as of the effective date of this AD,
have an affected AFF installed. The
intent of paragraph (11.1) of EASA ADs
2018–0137 and 2018–0137R1 is to
prevent an affected AFF from being reinstalled on a Group 1 airplane only if
the modification specified in paragraph
(9) or (10) of EASA AD 2018–0137 or
EASA AD 2018–0137R1 has already
been accomplished on that airplane. An
operator has the full compliance time to
accomplish the modification, and, up
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until the modification is accomplished,
an affected AFF may be re-installed for
reasons such as routine maintenance.
Group 2 airplanes, as specified in
EASA ADs 2018–0137 and 2018–
0137R1, are those airplanes that, as of
the effective date of this AD, do not
have an affected AFF installed. For
Group 2 airplanes, the intent of
paragraph (11.2) of EASA ADs 2018–
0137 and 2018–0137R1 is to prevent an
affected AFF from being installed on an
airplane on which an affected AFF was
not already installed as of the effective
date of this AD. The AD has not been
changed in this regard.
Request To Use Later Approved
Revisions of Service Information
DAL pointed out that the reference
publications section of EASA ADs
2018–0137 and 2018–0137R1 allows the
use of later-approved revisions to the
specified service information for
compliance. DAL requested clarification
to determine if this statement is
applicable to this AD.
The AD does not exclude the ‘‘Ref.
Publications’’ section of EASA ADs
2018–0137 and 2018–0137R1, so that
section is applicable to this AD. The AD
has not been changed in this regard.
Request To Add Exceptions for
Alternative Methods of Compliance
DAL requested that the proposed AD
be revised to add an exception that
allows the use of consumable material
list (CML) 10ABE1, ‘‘touch up alodine,’’
in addition to CML 10ABC1, ‘‘tank
alodine.’’ DAL noted that while Airbus
commonly specifies tank alodine, DAL
prefers to use touch up alodine. DAL
explained that they contacted Airbus on
this issue and Airbus confirmed that
touch up alodine can be used instead of
tank alodine for the embodiment of
Airbus Service Bulletin A320–54–1027;
Airbus Service Bulletin A320–54–1035;
and Airbus Service Bulletin A320–54–
1036.
DAL claimed that Airbus Service
Bulletin A320–54–1027 and Airbus
Service Bulletin A320–54–1035 state
that all steps in the Procedure and Test
sections are required for compliance
(RC). DAL also maintained that some of
those steps are corrosion prevention
control program (CPCP) controlled
tasks. Because corrosion inhibition
compound (CIC) is part of CPCP, DAL
argued that application of CIC should be
managed by each individual operator
regardless of the AD requirement. As a
result, DAL requested language added to
the proposed AD that allows for
operators to control the reapplication of
CICs as an alternative to the service
information specifications.
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43683
DAL also noted that the ‘‘Preparation’’
section of the service information
referenced in EASA ADs 2018–0137 and
2018–0137R1 contains references to a
certain aircraft maintenance manual
(AMM) section for basic aircraft
configuration. The basic aircraft
configuration of the AMM states that the
aircraft is in the ‘‘weight on wheels’’
configuration. DAL noted that
sometimes their airplanes are on jacks
and that having the airplane in a weight
on wheels configuration may limit the
ability of their maintenance technicians
to perform the required actions. DAL
requested an exception to the proposed
AD that allows for the required actions
to be performed with either weight on
wheels or while the aircraft is in a
jacked configuration.
The FAA agrees with the request to
add an exception that allows the use of
CML 10ABE1, touch up alodine for the
reasons provided. This AD has been
revised to change the content of
paragraph (h)(6) of this AD to state that
where any service information
referenced in EASA ADs 2018–0137 and
2018–0137R1 specifies to use CML
material number 10ABC1, this AD
allows the use of CML material number
10ABE1 as an additional method of
compliance.
The FAA disagrees with the request to
add language to the proposed AD that
allows for operators to control the
reapplication of CICs via CPCP because
not all U.S. operators have a
standardized CPCP. If DAL cannot
follow the CIC specified by Airbus in
the service information, then they can
reference the Airbus CML for an
alternative CIC. Airbus’s CML document
contains a list of the latest consumables
and alternatives that can be used.
Operators may apply for an alternative
method of compliance (AMOC) using
the procedures in paragraph (j)(1) of this
AD for using alternate consumables
allowed in the CML with appropriate
substantiations. The AD has not been
changed in this regard.
The FAA agrees to clarify regarding
the request for airplanes in a jacked
configuration. The step the commenter
referred to says to ‘‘refer to’’ the AMM.
As noted in the service information,
when the words ‘‘refer to’’ are used and
the operator has a FAA accepted
alternative procedure, the accepted
alternative procedure can be used.
Operators therefore have latitude in how
to accomplish any work steps that use
the term ‘‘refer to.’’ This AD has not
been changed in this regard.
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Request for Clarification of Repetitive
Inspection Intervals
DAL requested clarification regarding
the interval of the repetitive inspection
specified in paragraph (3) of EASA ADs
2018–0137 and 2018–0137R1. DAL
noted that, based on its understanding,
the first repetitive inspection interval
threshold is not to exceed 10,000 flight
cycles or 15,000 flight hours, whichever
occurs first. DAL remarked that it
appears this threshold is based on the
assumption that the initial inspections
were done close to the initial threshold
of 5,000 flight cycles or 7,500 flight
hours, whichever occurred first. DAL
requested clarification for a scenario in
which an operator performed the
specified inspection at 1,000 flight
cycles or 1,000 flight hours, and asked
if the first repetitive inspection interval
would still be required before exceeding
10,000 flight cycles or 15,000 flight
hours, whichever occurs first. DAL
inquired if, in that same scenario, a
grace period from the previous
inspection would be more appropriate.
The FAA agrees to clarify. For the
DAL scenario, the repetitive inspection
will be due before exceeding 5,000 flight
cycles or 7,500 flight hours, whichever
occurs first since the last inspection. As
stated previously, this AD now refers to
EASA AD 2018–0137R1, as well as
EASA AD 2018–0137. Paragraph (3) of
EASA AD 2018–0137R1 has been
revised to include multiple compliance
times, including a grace period for
airplanes on which an inspection has
already been accomplished using earlier
revisions of the service information or
accomplishment of a certain
maintenance planning document (MPD)
task or a certain AOT. The AD has not
been changed in this regard.
Request To Clarify Revision Level for
Optional Terminating Modification
DAL noted that paragraph (9) of EASA
ADs 2018–0137 and 2018–0137R1
reference service information without a
revision level. DAL inquired if the
intent of the reference is to use only the
original issue of the service information,
or if any revision level is acceptable for
compliance.
The FAA agrees to clarify. Operators
may use any approved revision of the
service information to perform the
optional terminating modification, so
long as the modification meets the
provisions of paragraph (9) of EASA
ADs 2018–0137 and 2018–0137R1.
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 changes described
previously and minor editorial changes.
The FAA 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.
The FAA also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
Related IBR Material Under 1 CFR Part
51
EASA AD 2018–0137 and EASA AD
2018–0137R1 describe procedures for
repetitive inspections for pre- and postAirbus SAS modification 156593
airplanes, corrective actions, and
optional terminating actions for the
repetitive inspections. Corrective
actions include modifications and
repair. These documents are distinct
since EASA AD 2018–0137R1 omits
certain language, provides credit for
additional service information, and
clarifies certain compliance times. 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 205 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Retained actions from AD
2016–07–12.
New proposed actions ...........
Labor cost
Parts cost
4 work-hours × $85 per hour
= $340.
Up to 21 work-hours × $85
per hour = Up to $1,785.
Cost per product
Cost on U.S. operators
$0
$340 .......................................
$69,700.
0
Up to $1,785 ..........................
Up to $365,925.
ESTIMATED COSTS FOR OPTIONAL ACTIONS
Labor cost
Parts cost
Up to 70 work-hours × $85 per hour = Up to $5,950 ................................................
Up to $32,800 ..........................................
The FAA has received no definitive
data that would enable the agency to
provide cost estimates for the oncondition 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 our cost
estimate.
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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
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Cost
per product
Up to $38,750.
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,
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Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Rules and Regulations
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 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;
3. Will not affect intrastate aviation in
Alaska; and
4. 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
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
removing Airworthiness Directive (AD)
2016–07–12, Amendment 39–18457 (81
FR 19482, April 5, 2016), and adding
the following new AD:
■
2019–14–03 Airbus SAS: Amendment 39–
19681; Docket No. FAA–2019–0018;
Product Identifier 2018–NM–116–AD.
(a) Effective Date
This AD is effective September 26, 2019.
(b) Affected ADs
This AD replaces AD 2016–07–12,
Amendment 39–18457 (81 FR 19482, April 5,
2016) (‘‘AD 2016–07–12’’).
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16:03 Aug 21, 2019
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(c) Applicability
This AD applies to Airbus SAS Model
A318–111, –112; Model A319–111, –112,
–113, –114, –115; Model A320–211, –212,
–214, –216; and Model A321–111, –112,
–211, –212, –213 airplanes, certificated in
any category, as identified in European
Aviation Safety Agency (EASA) AD 2018–
0137R1, dated January 9, 2019 (‘‘EASA AD
2018–0137R1’’).
(d) Subject
Air Transport Association (ATA) of
America Code 54, Nacelles/pylons.
(e) Reason
This AD was prompted by reports of
cracking of the aft fixed fairing (AFF) of the
pylons due to fatigue damage of the structure
and reports of cracks on a certain rib of a
modified AFF of the pylons. The FAA is
issuing this AD to address damage and
cracking of the AFF of the pylons, which
could result in detachment of a pylon and
consequent 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 2018–0137,
dated June 28, 2018 (‘‘EASA AD 2018–
0137’’); or EASA AD 2018–0137R1.
(h) Exceptions to EASA ADs 2018–0137 and
2018–0137R1
(1) For purposes of determining
compliance with the requirements of this AD,
use the following paragraphs.
(i) Where EASA ADs 2018–0137 and 2018–
0137R1 refer to the effective date of EASA
AD 2018–0137 (July 12, 2018), this AD
requires using the effective date of this AD.
(ii) Where EASA AD 2018–0137 refers to
a compliance time of after July 16, 2014, this
AD requires using May 10, 2016 (the effective
date of AD 2016–07–12).
(2) The ‘‘Remarks’’ section of EASA ADs
2018–0137 and 2018–0137R1 do not apply.
(3) Where paragraph (3) of EASA ADs
2018–0137 and 2018–0137R1 requires that
airplanes that have embodied Airbus
modification 156593 accomplish the initial
inspection of the AFF of the pylons before
exceeding 10,000 flight cycles or 15,000
flight hours, whichever occurs first since
airplane first flight, this AD requires
inspection of those airplanes before
exceeding 10,000 flight cycles or 15,000
flight hours since embodiment of Airbus
modification 156593, whichever occurs first.
(4) Where paragraph (6) of EASA AD 2018–
0137 gives credit for ‘‘the initial requirements
of paragraph (4)’’ of EASA AD 2018–0137,
this AD gives credit for ‘‘the requirements of
paragraph (4)’’ of EASA AD 2018–0137.
(5) Where EASA ADs 2018–0137 and
2018–0137R1 require any approval from
EASA or Airbus SAS’s Design Organization
Approval (DOA), this AD requires approval
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43685
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA DOA. If approved by
the DOA, the approval must include the
DOA-authorized signature.
(6) Where any service information
referenced in EASA ADs 2018–0137 and
2018–0137R1 specifies to use consumable
material list (CML) material number 10ABC1,
this AD allows the use of CML material
number 10ABE1 as an additional method of
compliance.
(i) No Reporting Requirement
Although the service information
referenced in EASA ADs 2018–0137 and
2018–0137R1 specifies to submit certain
information to the manufacturer, this AD
does not include that requirement.
(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) of this AD. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@
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 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 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
2018–0137 or EASA AD 2018–0137R1 that
contains RC procedures and tests: Except as
required by paragraphs (h)(6) and (j)(2) of this
AD, RC procedures and tests must be done
to comply with this AD; any procedures or
tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(k) 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.
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Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Rules and Regulations
(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) European Aviation Safety Agency
(EASA) AD 2018–0137, dated June 28, 2018.
(ii) EASA AD 2018–0137R1, dated January
9, 2019.
(3) For EASA AD 2018–0137 and EASA AD
2018–0137R1, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 6017; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find these
EASA ADs on the EASA website at https://
ad.easa.europa.eu.
Note 1 to paragraph (l)(3): EASA AD 2018–
0137 can be accessed in the zipped file at the
bottom of the web page for EASA AD 2018–
0137R1. When EASA posts a revised AD on
their website, they watermark the previous
AD as ‘‘Revised,’’ alter the file name by
adding ‘‘_revised’’ to the end, and move it
into a zipped file attached at the bottom of
the AD web page.
(4) You may view these EASA ADs 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 2018–0137 and EASA AD 2018–
0137R1 may be found in the AD docket on
the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA–
2019–0018.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/federalregister/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on July
16, 2019.
Michael Millage,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–18045 Filed 8–21–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 658
[Docket No. FHWA–2018–0042]
RIN 2125–AF86
FAST Act Section 5516 ‘‘Additional
State Authority’’ Implementation
Federal Highway
Administration (FHWA), U.S.
Department of Transportation (DOT).
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
16:03 Aug 21, 2019
Jkt 247001
SUMMARY: This final rule implements
Section 5516, ‘‘Additional State
Authority,’’ of the Fixing America’s
Surface Transportation (FAST) Act,
which provides the State of South
Dakota with the opportunity to update
and revise the routes for Longer
Combination Vehicles (LCV) and
commercial motor vehicles (CMV) with
two or more cargo-carrying units.
DATES: This rule is effective September
23, 2019.
FOR FURTHER INFORMATION CONTACT:
Vince Mantero, FHWA Office of Freight
Management and Operations, (202) 366–
2997, or by email at Vince.Mantero@
dot.gov, or William Winne, FHWA
Office of the Chief Counsel, (202) 366–
1397, or by email at William.Winne@
dot.gov. Business hours for FHWA are
from 8:00 a.m. to 4:30 p.m., e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
The Notice of Proposed Rulemaking
(NPRM), the comments received, and
this document may be viewed online
through the Federal eRulemaking portal
at: https://www.regulations.gov under
docket ID FHWA–2018–0042. Copies of
this document also may be downloaded
by accessing the Office of the Federal
Register’s home page at: https://
www.archives.gov or the Government
Publishing Office’s web page at: https://
www.gpoaccess.gov/nara.
Background
The Intermodal Surface
Transportation Efficiency Act (ISTEA)
of 1991 (Pub. L. 102–240, 105 Stat.
1914, Dec. 18, 1991) restricts the
operation of LCVs on the Interstate
Highway System (Sec. 1023(b), 105 Stat.
1952) and CMV combinations with two
or more cargo-carrying units on the
National Network (NN) (Sec. 4006, 105
Stat. 2148) to the types of vehicles in
use on or before June 1, 1991, subject to
whatever State rules, regulations, or
restrictions were in effect on that date.
A listing of these vehicles and
restrictions is found in 23 CFR part 658,
Appendix C.
The FHWA is modifying its
regulations, as found in 23 CFR part
658, Appendix C, governing vehicles
covered by 23 U.S.C. 127(d) (LCVs) and
49 U.S.C. 31112 (CMVs with two or
more cargo-carrying units) in the State
of South Dakota, as proposed in a NPRM
published on February 6, 2019, at 84 FR
2071.
This action is necessary to implement
the provisions of Section 5516 of the
FAST Act, which provides South
Dakota the opportunity to update and
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revise the routes designated as
qualifying Federal-aid Primary System
highways as long as the update shifts
routes to divided highways or does not
increase centerline miles by more than
5 percent and is expected to increase
safety performance. The FAST Act
Conference Report to Accompany H.R.
22 (House of Representatives 114th
Congress 1st Session Report 114–357,
December 1, 2015) states, ‘‘Conferees
expect that the implementation of
section 5516 will provide the maximum
flexibility possible to re-route longer
combination vehicles in the affected
State to divided highways, highway
facilities designed for freight
transportation, or along routes that will
enhance overall highway safety.’’
In an August 30, 2016, letter to
FHWA, the South Dakota Department of
Transportation (SDDOT) requested that
FHWA add the additional routes for
South Dakota’s LCV network and
provided a map and listing of those
routes.
All of the proposed routes are on the
NN, which is comprised of the Interstate
Highway System and routes designated
as qualifying Federal-aid Primary
System highways. Combinations with a
cargo-carrying length of 81.5 feet or less
may use all NN routes. Combinations
with a cargo-carrying length over 81.5
feet are restricted to the Interstate
System and the routes listed in 23 CFR
part 658, Appendix C. This listing of
routes is applicable to both double
trailers and triple trailers.
There were errors in the tables
published in the ‘‘Background’’ section
of the NPRM, on page 2075, regarding
existing and proposed routes of
operation for LCVs and trucks in excess
of the lengths designated by the Surface
Transportation Assistance Act (STAA)
of 1982 for use on the NN. The route
segments that were incorrect include a
portion of US 14 and US 14B in Pierre,
South Dakota. In addition, incorrect
mileage is shown on several existing
and proposed routes. The correct routes
were provided to FHWA in a letter from
the SDDOT dated June 6, 2018, which
was added to the docket for this
rulemaking. Nevertheless, all routes
identified in the regulatory text of the
NPRM were correct and included both
existing and proposed routes of
operation for LCVs and trucks over
STAA lengths on the NN.
The FHWA finds that this update
shifts routes to divided highways or
does not increase centerline miles by
more than 5 percent and is expected to
increase safety performance. Based on
this information and the comments
received, FHWA is revising the Federal
Regulations at 23 CFR part 658,
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]]>Agencies
[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43681-43686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18045]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0018; Product Identifier 2018-NM-116-AD; Amendment
39-19681; AD 2019-14-03]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2016-07-
12, which applied to certain Airbus SAS Model A318, A319, A320, and
A321 series airplanes. AD 2016-07-12 required repetitive inspections
for damage and cracking of the aft fixed fairing (AFF) of the pylons,
and repair if necessary. This AD retains the requirements of AD 2016-
07-12 and requires additional repetitive inspections at the upper spar
at a certain rib area and corrective actions if necessary, as specified
in an European Aviation Safety Agency (EASA) AD, which is incorporated
by reference. This AD was prompted by reports of cracking of the AFF of
the pylons due to fatigue damage of the structure and reports of cracks
on a certain rib of a modified AFF of the pylons. The FAA is issuing
this AD to address the unsafe condition on these products.
DATES: This AD is effective September 26, 2019.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 26,
2019.
ADDRESSES: For the material incorporated by reference (IBR) in this
[[Page 43682]]
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-2019-0018.
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-
0018; 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 to supersede AD 2016-07-12, Amendment 39-18457 (81 FR
19482, April 5, 2016) (``AD 2016-07-12''). AD 2016-07-12 applied to
certain Airbus SAS Model A318, A319, A320, and A321 series airplanes.
The NPRM published in the Federal Register on February 22, 2019 (84 FR
5617). The NPRM was prompted by reports of cracking of the AFF of the
pylons due to fatigue damage of the structure and reports of cracks on
a certain rib of a modified AFF of the pylons. The NPRM proposed to
continue to require repetitive inspections for damage and cracking of
the AFF of the pylons. The NPRM also proposed to require additional
repetitive inspections at the upper spar at a certain rib area and
corrective actions if necessary. The FAA is issuing this AD to address
damage and cracking of the AFF of the pylons, which could result in
detachment of a pylon and consequent reduced structural integrity of
the airplane.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0137R1, dated January 9, 2019
(``EASA AD 2018-0137R1'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A318-111, and -112; Model A319-
111, -112, -113, -114, and -115; Model A320-211, -212, -214, and -216;
and Model A321-111, -112, -211, -212, and -213 airplanes. The MCAI
states:
On aeroplanes equipped with post-mod 33844 CFM pylons, several
operators reported finding cracks on the Aft Fixed Fairing (AFF).
After material analysis, it appeared that the pylon AFF structure,
especially on this configuration, was subject to fatigue-induced
damage which could lead to pylon AFF cracks.
This condition, if not detected and corrected, could lead to
detachment of a pylon AFF from the aeroplane, possibly resulting in
injury to persons on the ground.
To address this unsafe condition, Airbus published Alert
Operators Transmission (AOT) A54N002-12, providing inspection
instructions. Thereafter, Airbus issued Service Bulletin (SB) A320-
54-1027, later revised, superseding AOT A54N002-12. EASA issued AD
2014-0154 [which corresponds to FAA AD 2016-07-12] to require
repetitive inspections of the pylon AFF and, depending on findings,
replacement.
After that [EASA] AD was issued, Airbus developed mod 156593 to
increase the fatigue life of the pylon AFF structure by using a
different material and introducing thermal treatment of the
aluminium sheets parts. Prompted by new findings of cracks on rib
15, it was determined that this area also needs to be inspected to
ensure the structural integrity of the new pylon AFF. Airbus revised
SB A320-54-1027, including instructions for repetitive inspection of
that area. Repetitive inspections are also required on post-mod
156593 aeroplanes.
Airbus also developed mod 159806 and 156765, redesigning the
corner fittings at the junction upper spar and rib 15, which
constitutes terminating action for the repetitive inspections. For
retrofit purposes, Airbus issued SB A320-54-1035 and SB A320-54-
1036, later revised, providing instructions to modify and re-
identify the pylon AFF, which constitutes terminating action for the
repetitive inspections.
For the reasons described above, EASA issued AD 2018-0137 [which
was referred to as the appropriate source of service information for
accomplishing the actions specified in the FAA NPRM], retaining the
requirements of EASA AD 2014-0154, which was superseded, and
requiring repetitive inspections of the upper spar at rib 15 area
and, depending on findings, accomplishment of applicable corrective
action(s). This [EASA] AD also included references to optional
terminating actions, and provided installation requirements for the
new pylon AFF.
Since that [EASA] AD was issued, comments and requests for
clarification have been received from operators. This [EASA] AD is
revised, merging the restatement of requirements of AD 2014-0154
with the new requirements.
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-
0018.
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
Commenters Delta Air Lines (DAL), Jeff Hymen, and Megan Neeley
indicated their support for the NPRM.
Request To Reference the Latest EASA AD
Alaska Airlines (Alaska) and DAL requested that the FAA refer to
EASA AD 2018-0137R1 in lieu of EASA AD 2018-0137, dated July 12, 2018
(``EASA AD 2018-0137''). Alaska requested revision of paragraphs (c)
and (g) of the proposed AD to cite EASA AD 2018-0137R1.
The FAA agrees with the commenters' requests. No additional work is
required for airplanes on which the requirements of EASA AD 2018-0137,
dated June 28, 2018 (``EASA AD 2018-0137''), have been accomplished.
The FAA has revised paragraphs (c) and (g) of this AD to cite EASA AD
2018-0137R1 in addition to EASA AD 2018-0137. The FAA has also revised
paragraph (h)(1)(i) of this AD to require the use of the effective date
of this AD rather than the effective date of EASA 2018-0137 (July 12,
2018), as referenced in EASA ADs 2018-0137 and 2018-0137R1, to
determine compliance.
Request To Remove Paragraph (h)(4) of the Proposed AD
DAL requested that paragraph (h)(4) of the proposed AD be removed,
which did not allow for the provisions of paragraph (5) of EASA AD
2018-0137 (credit for actions done using certain service information).
DAL argued that if the provisions of paragraph (5) of EASA AD 2018-
0137R1 are disallowed, the result would be a requirement that is more
restrictive to U.S. operators. DAL further noted that disallowing
paragraph (5) of EASA AD 2018-0137R1, which allows credit for initial
inspections
[[Page 43683]]
using additional revisions of certain service information, would mean
the initial inspections would have to be accomplished faster and may
require special scheduled inspections, which often results in utilizing
less experienced mechanics. DAL requested that the AD specify which
revision of the EASA AD will be allowed. Accordingly, DAL requests
that, if this AD is updated to reflect EASA AD 2018-0137R1, that
paragraph (h)(4) of this AD be removed.
The FAA agrees with the request for the reasons provided. Also note
that paragraph (5) of EASA AD 2018-0137R1 adds credit for initial
inspections performed in accordance with Airbus Service Bulletin A320-
54-1027, dated April 10, 2014; and Airbus Service Bulletin A320-54-
1027, Revision 1, dated January 14, 2015; which were not included in
paragraph (5) of EASA AD 2018-0137. Paragraph (h)(4) of the proposed AD
is removed and paragraphs (h)(5) and (h)(6) of the proposed AD are
redesignated as paragraphs (h)(4) and (h)(5) of this AD to reflect this
request.
Request To Allow Re-Installation of an Affected Part Under Certain
Circumstances
DAL requested that the AD allow for the re-installation of an
affected AFF if it was removed for reasons other than meeting the
requirement of the AD, such as routine maintenance. DAL pointed out
that an affected AFF may need to be removed for access to perform
either unrelated maintenance or for compliance with certain service
information referenced in EASA ADs 2018-0137 and 2018-0137R1. DAL's
interpretation of the ``do not install'' language in paragraph (11) of
EASA AD 2018-0137 led it to believe that operators would struggle to
comply with the instructions as written, and recommended that the FAA
adds a statement that would allow the re-installation of an AFF that
was removed from the airplane for the purpose of maintenance or
inspections.
The FAA agrees to clarify. Group 1 airplanes, as specified in EASA
ADs 2018-0137 and 2018-0137R1, are those that, as of the effective date
of this AD, have an affected AFF installed. The intent of paragraph
(11.1) of EASA ADs 2018-0137 and 2018-0137R1 is to prevent an affected
AFF from being re-installed on a Group 1 airplane only if the
modification specified in paragraph (9) or (10) of EASA AD 2018-0137 or
EASA AD 2018-0137R1 has already been accomplished on that airplane. An
operator has the full compliance time to accomplish the modification,
and, up until the modification is accomplished, an affected AFF may be
re-installed for reasons such as routine maintenance.
Group 2 airplanes, as specified in EASA ADs 2018-0137 and 2018-
0137R1, are those airplanes that, as of the effective date of this AD,
do not have an affected AFF installed. For Group 2 airplanes, the
intent of paragraph (11.2) of EASA ADs 2018-0137 and 2018-0137R1 is to
prevent an affected AFF from being installed on an airplane on which an
affected AFF was not already installed as of the effective date of this
AD. The AD has not been changed in this regard.
Request To Use Later Approved Revisions of Service Information
DAL pointed out that the reference publications section of EASA ADs
2018-0137 and 2018-0137R1 allows the use of later-approved revisions to
the specified service information for compliance. DAL requested
clarification to determine if this statement is applicable to this AD.
The AD does not exclude the ``Ref. Publications'' section of EASA
ADs 2018-0137 and 2018-0137R1, so that section is applicable to this
AD. The AD has not been changed in this regard.
Request To Add Exceptions for Alternative Methods of Compliance
DAL requested that the proposed AD be revised to add an exception
that allows the use of consumable material list (CML) 10ABE1, ``touch
up alodine,'' in addition to CML 10ABC1, ``tank alodine.'' DAL noted
that while Airbus commonly specifies tank alodine, DAL prefers to use
touch up alodine. DAL explained that they contacted Airbus on this
issue and Airbus confirmed that touch up alodine can be used instead of
tank alodine for the embodiment of Airbus Service Bulletin A320-54-
1027; Airbus Service Bulletin A320-54-1035; and Airbus Service Bulletin
A320-54-1036.
DAL claimed that Airbus Service Bulletin A320-54-1027 and Airbus
Service Bulletin A320-54-1035 state that all steps in the Procedure and
Test sections are required for compliance (RC). DAL also maintained
that some of those steps are corrosion prevention control program
(CPCP) controlled tasks. Because corrosion inhibition compound (CIC) is
part of CPCP, DAL argued that application of CIC should be managed by
each individual operator regardless of the AD requirement. As a result,
DAL requested language added to the proposed AD that allows for
operators to control the reapplication of CICs as an alternative to the
service information specifications.
DAL also noted that the ``Preparation'' section of the service
information referenced in EASA ADs 2018-0137 and 2018-0137R1 contains
references to a certain aircraft maintenance manual (AMM) section for
basic aircraft configuration. The basic aircraft configuration of the
AMM states that the aircraft is in the ``weight on wheels''
configuration. DAL noted that sometimes their airplanes are on jacks
and that having the airplane in a weight on wheels configuration may
limit the ability of their maintenance technicians to perform the
required actions. DAL requested an exception to the proposed AD that
allows for the required actions to be performed with either weight on
wheels or while the aircraft is in a jacked configuration.
The FAA agrees with the request to add an exception that allows the
use of CML 10ABE1, touch up alodine for the reasons provided. This AD
has been revised to change the content of paragraph (h)(6) of this AD
to state that where any service information referenced in EASA ADs
2018-0137 and 2018-0137R1 specifies to use CML material number 10ABC1,
this AD allows the use of CML material number 10ABE1 as an additional
method of compliance.
The FAA disagrees with the request to add language to the proposed
AD that allows for operators to control the reapplication of CICs via
CPCP because not all U.S. operators have a standardized CPCP. If DAL
cannot follow the CIC specified by Airbus in the service information,
then they can reference the Airbus CML for an alternative CIC. Airbus's
CML document contains a list of the latest consumables and alternatives
that can be used. Operators may apply for an alternative method of
compliance (AMOC) using the procedures in paragraph (j)(1) of this AD
for using alternate consumables allowed in the CML with appropriate
substantiations. The AD has not been changed in this regard.
The FAA agrees to clarify regarding the request for airplanes in a
jacked configuration. The step the commenter referred to says to
``refer to'' the AMM. As noted in the service information, when the
words ``refer to'' are used and the operator has a FAA accepted
alternative procedure, the accepted alternative procedure can be used.
Operators therefore have latitude in how to accomplish any work steps
that use the term ``refer to.'' This AD has not been changed in this
regard.
[[Page 43684]]
Request for Clarification of Repetitive Inspection Intervals
DAL requested clarification regarding the interval of the
repetitive inspection specified in paragraph (3) of EASA ADs 2018-0137
and 2018-0137R1. DAL noted that, based on its understanding, the first
repetitive inspection interval threshold is not to exceed 10,000 flight
cycles or 15,000 flight hours, whichever occurs first. DAL remarked
that it appears this threshold is based on the assumption that the
initial inspections were done close to the initial threshold of 5,000
flight cycles or 7,500 flight hours, whichever occurred first. DAL
requested clarification for a scenario in which an operator performed
the specified inspection at 1,000 flight cycles or 1,000 flight hours,
and asked if the first repetitive inspection interval would still be
required before exceeding 10,000 flight cycles or 15,000 flight hours,
whichever occurs first. DAL inquired if, in that same scenario, a grace
period from the previous inspection would be more appropriate.
The FAA agrees to clarify. For the DAL scenario, the repetitive
inspection will be due before exceeding 5,000 flight cycles or 7,500
flight hours, whichever occurs first since the last inspection. As
stated previously, this AD now refers to EASA AD 2018-0137R1, as well
as EASA AD 2018-0137. Paragraph (3) of EASA AD 2018-0137R1 has been
revised to include multiple compliance times, including a grace period
for airplanes on which an inspection has already been accomplished
using earlier revisions of the service information or accomplishment of
a certain maintenance planning document (MPD) task or a certain AOT.
The AD has not been changed in this regard.
Request To Clarify Revision Level for Optional Terminating Modification
DAL noted that paragraph (9) of EASA ADs 2018-0137 and 2018-0137R1
reference service information without a revision level. DAL inquired if
the intent of the reference is to use only the original issue of the
service information, or if any revision level is acceptable for
compliance.
The FAA agrees to clarify. Operators may use any approved revision
of the service information to perform the optional terminating
modification, so long as the modification meets the provisions of
paragraph (9) of EASA ADs 2018-0137 and 2018-0137R1.
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 changes described previously
and minor editorial changes. The FAA 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.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0137 and EASA AD 2018-0137R1 describe procedures for
repetitive inspections for pre- and post-Airbus SAS modification 156593
airplanes, corrective actions, and optional terminating actions for the
repetitive inspections. Corrective actions include modifications and
repair. These documents are distinct since EASA AD 2018-0137R1 omits
certain language, provides credit for additional service information,
and clarifies certain compliance times. 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 205 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2016-07- 4 work-hours x $85 $0 $340............... $69,700.
12. per hour = $340.
New proposed actions............. Up to 21 work-hours 0 Up to $1,785....... Up to $365,925.
x $85 per hour =
Up to $1,785.
----------------------------------------------------------------------------------------------------------------
Estimated Costs for Optional Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
Up to 70 work-hours x $85 per Up to $32,800.... Up to $38,750.
hour = Up to $5,950.
------------------------------------------------------------------------
The FAA has received no definitive data that would enable 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 our 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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service,
[[Page 43685]]
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 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;
3. Will not affect intrastate aviation in Alaska; and
4. 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)
2016-07-12, Amendment 39-18457 (81 FR 19482, April 5, 2016), and adding
the following new AD:
2019-14-03 Airbus SAS: Amendment 39-19681; Docket No. FAA-2019-0018;
Product Identifier 2018-NM-116-AD.
(a) Effective Date
This AD is effective September 26, 2019.
(b) Affected ADs
This AD replaces AD 2016-07-12, Amendment 39-18457 (81 FR 19482,
April 5, 2016) (``AD 2016-07-12'').
(c) Applicability
This AD applies to Airbus SAS Model A318-111, -112; Model A319-
111, -112, -113, -114, -115; Model A320-211, -212, -214, -216; and
Model A321-111, -112, -211, -212, -213 airplanes, certificated in
any category, as identified in European Aviation Safety Agency
(EASA) AD 2018-0137R1, dated January 9, 2019 (``EASA AD 2018-
0137R1'').
(d) Subject
Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.
(e) Reason
This AD was prompted by reports of cracking of the aft fixed
fairing (AFF) of the pylons due to fatigue damage of the structure
and reports of cracks on a certain rib of a modified AFF of the
pylons. The FAA is issuing this AD to address damage and cracking of
the AFF of the pylons, which could result in detachment of a pylon
and consequent 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 2018-0137, dated June 28, 2018 (``EASA AD
2018-0137''); or EASA AD 2018-0137R1.
(h) Exceptions to EASA ADs 2018-0137 and 2018-0137R1
(1) For purposes of determining compliance with the requirements
of this AD, use the following paragraphs.
(i) Where EASA ADs 2018-0137 and 2018-0137R1 refer to the
effective date of EASA AD 2018-0137 (July 12, 2018), this AD
requires using the effective date of this AD.
(ii) Where EASA AD 2018-0137 refers to a compliance time of
after July 16, 2014, this AD requires using May 10, 2016 (the
effective date of AD 2016-07-12).
(2) The ``Remarks'' section of EASA ADs 2018-0137 and 2018-
0137R1 do not apply.
(3) Where paragraph (3) of EASA ADs 2018-0137 and 2018-0137R1
requires that airplanes that have embodied Airbus modification
156593 accomplish the initial inspection of the AFF of the pylons
before exceeding 10,000 flight cycles or 15,000 flight hours,
whichever occurs first since airplane first flight, this AD requires
inspection of those airplanes before exceeding 10,000 flight cycles
or 15,000 flight hours since embodiment of Airbus modification
156593, whichever occurs first.
(4) Where paragraph (6) of EASA AD 2018-0137 gives credit for
``the initial requirements of paragraph (4)'' of EASA AD 2018-0137,
this AD gives credit for ``the requirements of paragraph (4)'' of
EASA AD 2018-0137.
(5) Where EASA ADs 2018-0137 and 2018-0137R1 require any
approval from EASA or Airbus SAS's Design Organization Approval
(DOA), this AD requires approval by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
(6) Where any service information referenced in EASA ADs 2018-
0137 and 2018-0137R1 specifies to use consumable material list (CML)
material number 10ABC1, this AD allows the use of CML material
number 10ABE1 as an additional method of compliance.
(i) No Reporting Requirement
Although the service information referenced in EASA ADs 2018-
0137 and 2018-0137R1 specifies to submit certain information to the
manufacturer, this AD does not include that requirement.
(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) of this AD. Information may
be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA 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 2018-0137 or EASA AD 2018-0137R1 that contains
RC procedures and tests: Except as required by paragraphs (h)(6) and
(j)(2) of this AD, RC procedures and tests must be done to comply
with this AD; any procedures or tests that are not identified as RC
are recommended. Those procedures and tests that are not identified
as RC may be deviated from using accepted methods in accordance with
the operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(k) 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.
[[Page 43686]]
(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) European Aviation Safety Agency (EASA) AD 2018-0137, dated
June 28, 2018.
(ii) EASA AD 2018-0137R1, dated January 9, 2019.
(3) For EASA AD 2018-0137 and EASA AD 2018-0137R1, 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 these EASA ADs on the EASA website
at https://ad.easa.europa.eu.
Note 1 to paragraph (l)(3): EASA AD 2018-0137 can be accessed
in the zipped file at the bottom of the web page for EASA AD 2018-
0137R1. When EASA posts a revised AD on their website, they
watermark the previous AD as ``Revised,'' alter the file name by
adding ``_revised'' to the end, and move it into a zipped file
attached at the bottom of the AD web page.
(4) You may view these EASA ADs 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
2018-0137 and EASA AD 2018-0137R1 may be found in the AD docket on
the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0018.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, 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 Millage,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-18045 Filed 8-21-19; 8:45 am]
BILLING CODE 4910-13-P
