Airworthiness Directives; Airbus SAS Airplanes, 66579-66582 [2019-26231]
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Federal Register / Vol. 84, No. 234 / Thursday, December 5, 2019 / Rules and Regulations
of a concern which has been in business
for less than 5 complete fiscal years
means the total receipts for the period
the concern has been in business
divided by the number of weeks in
business, multiplied by 52.
(3) Except for the Business Loan and
Disaster Loan Programs, where a
concern has been in business 5 or more
complete fiscal years but has a short
year as one of the years within its period
of measurement, annual receipts means
the total receipts for the short year and
the 4 full fiscal years divided by the
total number of weeks in the short year
and the 4 full fiscal years, multiplied by
52.
(4) For the Business Loan and Disaster
Loan Programs, annual receipts of a
concern that has been in business for
three or more completed fiscal years
means the total receipts of the concern
over its most recently completed three
fiscal years divided by three. Annual
receipts of a concern which has been in
business for less than three complete
fiscal years means the total receipts for
the period the concern has been in
business divided by the number of
weeks in business, multiplied by 52.
Where a concern has been in business
three or more complete fiscal years but
has a short year as one of the years
within its period of measurement,
annual receipts means the total receipts
for the short year and the two full fiscal
years divided by the total number of
weeks in the short year and the two full
fiscal years, multiplied by 52. For the
purposes of this section, the Business
Loan Programs consist of the 7(a) Loan
Program, the Microloan Program, the
Intermediary Lending Pilot Program,
and the Development Company Loan
Program (‘‘504 Loan Program’’). The
Disaster Loan Programs consist of
Physical Disaster Business Loans,
Economic Injury Disaster Loans,
Military Reservist Economic Injury
Disaster Loans, and Immediate Disaster
Assistance Program loans.
(d) * * *
(2) If a concern has acquired an
affiliate or been acquired as an affiliate
during the applicable period of
measurement or before the date on
which it self-certified as small, the
annual receipts used in determining size
status includes the receipts of the
acquired or acquiring concern. This
aggregation applies for the entire period
of measurement, not just the period after
the affiliation arose. However, if a
concern has acquired a segregable
division of another business concern
during the applicable period of
measurement or before the date on
which it self-certified as small, the
annual receipts used in determining size
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status do not include the receipts of the
acquired division prior to the
acquisition.
(3) Except for the Business Loan and
Disaster Loan Programs, if the business
concern or an affiliate has been in
business for a period of less than 5
years, the receipts for the fiscal year
with less than a 12-month period are
annualized in accordance with
paragraph (c)(2) of this section. Receipts
are determined for the concern and its
affiliates in accordance with paragraph
(c) of this section even though this may
result in using a different period of
measurement to calculate an affiliate’s
annual receipts.
(4) The annual receipts of a former
affiliate are not included if affiliation
ceased before the date used for
determining size. This exclusion of
annual receipts of such former affiliate
applies during the entire period of
measurement, rather than only for the
period after which affiliation ceased.
However, if a concern has sold a
segregable division to another business
concern during the applicable period of
measurement or before the date on
which it self-certified as small, the
annual receipts used in determining size
status will continue to include the
receipts of the division that was sold.
*
*
*
*
*
■ 3. Amend § 121.106 by revising
paragraph (b)(4)(ii) to read as follows:
§ 121.106 How does SBA calculate number
of employees?
*
*
*
*
*
(b) * * *
(4) * * *
(ii) The employees of a former affiliate
are not counted if affiliation ceased
before the date used for determining
size. This exclusion of employees of a
former affiliate applies during the entire
period of measurement, rather than only
for the period after which affiliation
ceased. However, if a concern has sold
a segregable division to another
business concern during the applicable
period of measurement or before the
date on which it self-certified as small,
the employees used in determining size
status will continue to include the
employees of the division that was sold.
■ 4. Amend § 121.903 by revising
paragraphs (a)(1)(ii) and (iii) to read as
follows:
§ 121.903 How may an agency use size
standards for its programs that are different
than those established by SBA?
(a) * * *
(1) * * *
(ii) The size of a services concern by
its average annual receipts over a period
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66579
of at least 5 years, determined according
to § 121.104;
(iii) The size of other concerns on data
over a period of at least 5 years,
determined according to § 121.104; or,
*
*
*
*
*
Dated: November 25, 2019.
Christopher M. Pilkerton,
Acting Administrator.
[FR Doc. 2019–26041 Filed 12–4–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0321; Product
Identifier 2019–NM–013–AD; Amendment
39–19794; AD 2019–23–01]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A318 series
airplanes; A319–111, –112, –113, –114,
–115, –131, –132, and –133 airplanes;
A320–211, –212, –214, –216, –231,
–232, –233, –251N, –252N and –271N
airplanes; and A321 series airplanes.
This AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. This AD requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective January 9,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 9, 2020.
ADDRESSES: For service information
identified in this final rule, contact
Airbus SAS, Airworthiness Office—
EIAS, Rond-Point Emile Dewoitine No:
2, 31700 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email account.airwortheas@airbus.com; internet https://
www.airbus.com. You may view this
service information at the FAA,
Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
SUMMARY:
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Federal Register / Vol. 84, No. 234 / Thursday, December 5, 2019 / Rules and Regulations
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–0321.
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–
0321; 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:
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Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2018–0288,
dated December 21, 2018 (referred to
after this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all Airbus SAS Model A318, A319,
A320 and A321 series airplanes. Model
A320–215 airplanes are not certified by
the FAA and are not included on the
U.S. type certificate data sheet; this AD
therefore does not include those
airplanes in the applicability. 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–
0321.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Airbus SAS Model A318
series airplanes; A319–111, –112, –113,
–114, –115, –131, –132, and –133
airplanes; A320–211, –212, –214, –216,
–231, –232, –233, –251N, –252N and
–271N airplanes; and A321 series
airplanes. The NPRM published in the
Federal Register on May 9, 2019 (84 FR
20303). The NPRM was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. The NPRM proposed to
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require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
The FAA is issuing this AD to address
fatigue cracking, accidental damage, or
corrosion in principal structural
elements, which could result in reduced
structural integrity of the airplane. See
the MCAI for additional background
information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comments received on the NPRM
and the FAA’s response to each
comment. Delta Airlines (DAL) stated
that it supports the NPRM.
Request for a Reporting Requirement
DAL requested that we add a
reporting requirement to the proposed
AD. DAL recommended that the
proposed AD state that all crack
findings, along with corrective actions
performed, be reported to Airbus via the
Airbus Tech Request system within 30
days. DAL commented that the
philosophy of the fatigue-related
inspections is that they are in places
where cracking might be found in the
future, and if cracking is found, then the
task in Airbus A318/A319/A320/A321
Airworthiness Limitations Section
(ALS) Part 2—Damage Tolerant
Airworthiness Limitation Items (DT–
ALI), Revision 07, dated June 13, 2018,
will be removed and become its own
service information and AD; therefore,
mandatory reporting must be part of this
process. DAL also stated that they could
not locate information regarding where
to submit reports and the timeframe for
reporting.
The FAA would like to clarify the
intent of the referenced damage-tolerant
task in Airbus A318/A319/A320/A321
Airworthiness Limitations Section
(ALS) Part 2—Damage Tolerant
Airworthiness Limitation Items (DT–
ALI), Revision 07, dated June 13, 2018.
Unlike airplanes that follow a
Supplemental Structural Inspection
Program that requires reporting (those
with an older certification basis that
does not include damage tolerance
criteria), the airplanes specified in
paragraph (c) of this AD comply with 14
CFR 25.571 damage tolerance criteria.
Section 25.571 requires applicants to
evaluate all structures that could
contribute to catastrophic failure of the
airplane with respect to its
susceptibility to fatigue cracking,
corrosion, and accidental damage.
Applicants must establish inspections
or other procedures (also referred to as
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maintenance actions) as necessary to
avoid catastrophic failure during the
operational life of the airplane based on
the results of these evaluations. It is
intended that all maintenance actions
required to address fatigue cracking,
corrosion, and accidental damage are
identified in the structural-maintenance
program. All inspections and other
procedures (e.g., modification times,
replacement times) that are necessary to
prevent a catastrophic failure due to
fatigue are included in the
Airworthiness Limitations Section
(ALS) of the Instructions for Continued
Airworthiness (ICA), as required by 14
CFR 25.1529. Therefore, reporting is not
needed to comply with this AD.
FAA Advisory Circular 25.571–1D
provides guidance for compliance with
the provisions of 14 CFR 25.571,
pertaining to the requirements for
damage-tolerance and fatigue evaluation
of transport category aircraft structure,
and may be referenced for further
information.
While airplane manufacturers may
benefit from receiving information from
the outcome of the ALI inspections, the
EASA did not make reporting a
requirement in EASA AD 2018–0288.
The FAA concurs with the EASA, and
therefore, this AD does not include a
reporting requirement. However,
operators may report the findings, as an
option, to Airbus as specified in
paragraph 6., ‘‘Reporting,’’ of Section 1
of Airbus A318/A319/A320/A321
Airworthiness Limitations Section
(ALS) Part 2—Damage Tolerant
Airworthiness Limitation Items (DT–
ALI), Revision 07, dated June 13, 2018,
that indicates reports should be sent to
MPDtask.Reports@airbus.com. This AD
has not been changed in this regard.
Request To Add an Alternative
Methods of Compliance (AMOC)
Airbus requested that AIR–676–19–
235, dated June 3, 2019, which is an
AMOC for paragraphs (g) and (l)(2)(i) of
AD 2018–25–02, Amendment 39–19513
(83 FR 62690, December 6, 2018), be
allowed as an AMOC for the
requirements of paragraph (j) of the
proposed AD.
The FAA agrees with the commenter’s
request. The agency finds that the
provisions of AMOC AIR–676–19–235,
which is limited to certain airplanes, are
acceptable for all corresponding
provisions of this AD. Therefore, the
FAA has added paragraph (j)(1)(iii) to
this AD to allow AIR–676–19–235,
dated June 3, 2019, as an acceptable
method of compliance for the
corresponding provisions of this AD.
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Changes Made to This Final Rule
The FAA has determined that Airbus
SAS Model A320–252N airplanes were
inadvertently omitted from the
Applicability of the proposed AD.
Therefore, the FAA has updated
paragraph (c)(3) of this AD to add those
airplanes. Since there are currently no
domestic operators of this product,
additional notice and opportunity for
public comment before issuing this AD
are unnecessary.
Conclusion
The FAA reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this
final rule with the change described
previously and minor editorial changes.
The FAA has determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
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 Service Information Under 1
CFR Part 51
Airbus has issued Airbus A318/A319/
A320/A321 Airworthiness Limitations
Section (ALS) Part 2—Damage Tolerant
Airworthiness Limitation Items (DT–
ALI), Revision 07, dated June 13, 2018.
This service information describes
damage tolerant airworthiness
limitations. This service information is
reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
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Costs of Compliance
The FAA estimates that this AD
affects 1,463 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours per operator, although the agency
recognizes that this number may vary
from operator to operator. In the past,
the FAA has estimated that this action
takes 1 work-hour per airplane. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
is more accurate than a per-airplane
estimate. Therefore, the FAA estimates
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the total cost per operator to be $7,650
(90 work-hours × $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: ‘‘General requirements.’’ Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
This AD is issued in accordance with
authority delegated by the Executive
Director, Aircraft Certification Service,
as authorized by FAA Order 8000.51C.
In accordance with that order, issuance
of ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to transport category
airplanes and associated appliances to
the Director of the System Oversight
Division.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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66581
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 adding
the following new airworthiness
directive (AD):
■
2019–23–01 Airbus SAS: Amendment 39–
19794; Docket No. FAA–2019–0321;
Product Identifier 2019–NM–013–AD.
(a) Effective Date
This AD is effective January 9, 2020.
(b) Affected ADs
This AD affects AD 2018–25–02,
Amendment 39–19513 (83 FR 62690,
December 6, 2018) (‘‘AD 2018–25–02’’).
(c) Applicability
This AD applies to Airbus SAS airplanes
identified in paragraphs (c)(1) through (4) of
this AD, certificated in any category, with an
original certificate of airworthiness or
original export certificate of airworthiness
issued on or before June 13, 2018.
(1) Model A318–111, –112, –121, and –122
airplanes.
(2) Model A319–111, –112, –113, –114,
–115, –131, –132, and –133 airplanes.
(3) Model A320–211, –212, –214, –216,
–231, –232, –233, –251N, –252N and –271N
airplanes.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, –232, –251N, –251NX,
–252N, –252NX, –253N, –253NX, –271N,
–271NX, –272N, and –272NX airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address fatigue cracking,
accidental damage, or corrosion in principal
structural elements, which could result in
reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Maintenance or Inspection Program
Revision
Within 90 days after the effective date of
this AD, revise the existing maintenance or
inspection program, as applicable, to
incorporate the information specified in
Airbus A318/A319/A320/A321
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Airworthiness Limitations Section (ALS) Part
2–Damage Tolerant Airworthiness Limitation
Items (DT–ALI), Revision 07, dated June 13,
2018. The initial compliance time for doing
the tasks is at the time specified in Airbus
A318/A319/A320/A321 Airworthiness
Limitations Section (ALS) Part 2–Damage
Tolerant Airworthiness Limitation Items
(DT–ALI), Revision 07, dated June 13, 2018,
or within 90 days after the effective date of
this AD, whichever occurs later.
(h) No Alternative Actions or Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or
intervals may be used unless the actions or
intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (j)(1) of this AD.
(i) Terminating Action for AD 2018–25–02
Accomplishing the actions required by this
AD terminates all requirements of AD 2018–
25–02.
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(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (k)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov.
(i) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(ii) AMOCs approved previously for AD
2018–25–02 are approved as AMOCs for the
corresponding provisions of this AD,
provided there is no change in description,
threshold and interval of the applicable tasks.
(iii) AMOC AIR–676–19–235, dated June 3,
2019, is approved as an AMOC for the
corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or the
European Aviation Safety Agency (EASA); or
Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2018–0288, dated
December 21, 2018, for related information.
This MCAI may be found in the AD docket
on the internet at https://
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www.regulations.gov by searching for and
locating Docket No. FAA–2019–0321.
(2) For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3223.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS) Part
2–Damage Tolerant Airworthiness Limitation
Items (DT–ALI), Revision 07, dated June 13,
2018.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Airbus SAS, Airworthiness
Office—EIAS, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email account.airworth-eas@
airbus.com; internet https://www.airbus.com.
(4) You may view this service information
at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
The FAA is superseding
Airworthiness Directive (AD) 2009–09–
02, which applied to certain
Bombardier, Inc., Model DHC–8–400
series airplanes. AD 2009–09–02
required repetitive inspections for
damage of certain main landing gear
(MLG) forward stabilizer brace
assemblies, repetitive inspections for
cracking of both MLG forward stabilizer
braces, liquid penetrant inspections for
cracking, and corrective actions if
necessary. This AD retains the existing
actions and also requires installation of
an elbow restrictor. This AD was
prompted by reports of failures of the aft
hinge of the MLG forward stabilizer
brace due to fatigue cracks. The FAA is
issuing this AD to address the unsafe
condition on these products.
SUMMARY:
This AD is effective January 9,
2020.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of January 9, 2020.
The Director of the Federal Register
approved the incorporation by reference
of certain other publications listed in
this AD as of May 6, 2009 (74 FR 18121,
April 21, 2009).
DATES:
DEPARTMENT OF TRANSPORTATION
For service information
identified in this final rule, contact De
Havilland Aircraft of Canada Limited,
Q-Series Technical Help Desk, 123
Garratt Boulevard, Toronto, Ontario
M3K 1Y5, Canada; telephone 416–375–
4000; fax 416–375–4539; email thd@
dehavilland.com; internet https://
dehavilland.com. You may view this
referenced service information at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–0479.
Federal Aviation Administration
Examining the AD Docket
14 CFR Part 39
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0479; 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.
Issued in Des Moines, Washington, on
November 7, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–26231 Filed 12–4–19; 8:45 am]
BILLING CODE 4910–13–P
[Docket No. FAA–2019–0479; Product
Identifier 2019–NM–020–AD; Amendment
39–19790; AD 2019–22–11]
RIN 2120–AA64
Airworthiness Directives; De Havilland
Aircraft of Canada Limited (Type
Certificate Previously Held by
Bombardier, Inc.) Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
ADDRESSES:
E:\FR\FM\05DER1.SGM
05DER1
]]>Agencies
[Federal Register Volume 84, Number 234 (Thursday, December 5, 2019)]
[Rules and Regulations]
[Pages 66579-66582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26231]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0321; Product Identifier 2019-NM-013-AD; Amendment
39-19794; AD 2019-23-01]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A318 series airplanes; A319-111, -112, -113, -114, -
115, -131, -132, and -133 airplanes; A320-211, -212, -214, -216, -231,
-232, -233, -251N, -252N and -271N airplanes; and A321 series
airplanes. This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. This AD requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective January 9, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 9,
2020.
ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 44 51; email [email protected];
internet https://www.airbus.com. You may view this service information
at the FAA, Transport Standards Branch, 2200 South 216th St., Des
Moines, WA. For
[[Page 66580]]
information on the availability of this material at the FAA, call 206-
231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0321.
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-
0321; 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 European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0288, dated December 21, 2018 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus SAS Model A318, A319, A320
and A321 series airplanes. Model A320-215 airplanes are not certified
by the FAA and are not included on the U.S. type certificate data
sheet; this AD therefore does not include those airplanes in the
applicability. 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-2019-0321.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A318 series airplanes; A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; A320-211, -212, -214, -216, -231, -232, -233, -
251N, -252N and -271N airplanes; and A321 series airplanes. The NPRM
published in the Federal Register on May 9, 2019 (84 FR 20303). The
NPRM was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. The NPRM proposed to require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA is issuing this AD to address fatigue cracking, accidental damage,
or corrosion in principal structural elements, which could result in
reduced structural integrity of the airplane. See the MCAI for
additional background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment. Delta
Airlines (DAL) stated that it supports the NPRM.
Request for a Reporting Requirement
DAL requested that we add a reporting requirement to the proposed
AD. DAL recommended that the proposed AD state that all crack findings,
along with corrective actions performed, be reported to Airbus via the
Airbus Tech Request system within 30 days. DAL commented that the
philosophy of the fatigue-related inspections is that they are in
places where cracking might be found in the future, and if cracking is
found, then the task in Airbus A318/A319/A320/A321 Airworthiness
Limitations Section (ALS) Part 2--Damage Tolerant Airworthiness
Limitation Items (DT-ALI), Revision 07, dated June 13, 2018, will be
removed and become its own service information and AD; therefore,
mandatory reporting must be part of this process. DAL also stated that
they could not locate information regarding where to submit reports and
the timeframe for reporting.
The FAA would like to clarify the intent of the referenced damage-
tolerant task in Airbus A318/A319/A320/A321 Airworthiness Limitations
Section (ALS) Part 2--Damage Tolerant Airworthiness Limitation Items
(DT-ALI), Revision 07, dated June 13, 2018. Unlike airplanes that
follow a Supplemental Structural Inspection Program that requires
reporting (those with an older certification basis that does not
include damage tolerance criteria), the airplanes specified in
paragraph (c) of this AD comply with 14 CFR 25.571 damage tolerance
criteria. Section 25.571 requires applicants to evaluate all structures
that could contribute to catastrophic failure of the airplane with
respect to its susceptibility to fatigue cracking, corrosion, and
accidental damage. Applicants must establish inspections or other
procedures (also referred to as maintenance actions) as necessary to
avoid catastrophic failure during the operational life of the airplane
based on the results of these evaluations. It is intended that all
maintenance actions required to address fatigue cracking, corrosion,
and accidental damage are identified in the structural-maintenance
program. All inspections and other procedures (e.g., modification
times, replacement times) that are necessary to prevent a catastrophic
failure due to fatigue are included in the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness (ICA), as
required by 14 CFR 25.1529. Therefore, reporting is not needed to
comply with this AD.
FAA Advisory Circular 25.571-1D provides guidance for compliance
with the provisions of 14 CFR 25.571, pertaining to the requirements
for damage-tolerance and fatigue evaluation of transport category
aircraft structure, and may be referenced for further information.
While airplane manufacturers may benefit from receiving information
from the outcome of the ALI inspections, the EASA did not make
reporting a requirement in EASA AD 2018-0288. The FAA concurs with the
EASA, and therefore, this AD does not include a reporting requirement.
However, operators may report the findings, as an option, to Airbus as
specified in paragraph 6., ``Reporting,'' of Section 1 of Airbus A318/
A319/A320/A321 Airworthiness Limitations Section (ALS) Part 2--Damage
Tolerant Airworthiness Limitation Items (DT-ALI), Revision 07, dated
June 13, 2018, that indicates reports should be sent to
[email protected]. This AD has not been changed in this
regard.
Request To Add an Alternative Methods of Compliance (AMOC)
Airbus requested that AIR-676-19-235, dated June 3, 2019, which is
an AMOC for paragraphs (g) and (l)(2)(i) of AD 2018-25-02, Amendment
39-19513 (83 FR 62690, December 6, 2018), be allowed as an AMOC for the
requirements of paragraph (j) of the proposed AD.
The FAA agrees with the commenter's request. The agency finds that
the provisions of AMOC AIR-676-19-235, which is limited to certain
airplanes, are acceptable for all corresponding provisions of this AD.
Therefore, the FAA has added paragraph (j)(1)(iii) to this AD to allow
AIR-676-19-235, dated June 3, 2019, as an acceptable method of
compliance for the corresponding provisions of this AD.
[[Page 66581]]
Changes Made to This Final Rule
The FAA has determined that Airbus SAS Model A320-252N airplanes
were inadvertently omitted from the Applicability of the proposed AD.
Therefore, the FAA has updated paragraph (c)(3) of this AD to add those
airplanes. Since there are currently no domestic operators of this
product, additional notice and opportunity for public comment before
issuing this AD are unnecessary.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
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 Service Information Under 1 CFR Part 51
Airbus has issued Airbus A318/A319/A320/A321 Airworthiness
Limitations Section (ALS) Part 2--Damage Tolerant Airworthiness
Limitation Items (DT-ALI), Revision 07, dated June 13, 2018. This
service information describes damage tolerant airworthiness
limitations. This service information is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 1,463 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. In the past, the FAA has estimated that this action takes
1 work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2019-23-01 Airbus SAS: Amendment 39-19794; Docket No. FAA-2019-0321;
Product Identifier 2019-NM-013-AD.
(a) Effective Date
This AD is effective January 9, 2020.
(b) Affected ADs
This AD affects AD 2018-25-02, Amendment 39-19513 (83 FR 62690,
December 6, 2018) (``AD 2018-25-02'').
(c) Applicability
This AD applies to Airbus SAS airplanes identified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, with an
original certificate of airworthiness or original export certificate
of airworthiness issued on or before June 13, 2018.
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N and -271N airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, accidental damage, or
corrosion in principal structural elements, which could result in
reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision
Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Airbus A318/A319/A320/A321
[[Page 66582]]
Airworthiness Limitations Section (ALS) Part 2-Damage Tolerant
Airworthiness Limitation Items (DT-ALI), Revision 07, dated June 13,
2018. The initial compliance time for doing the tasks is at the time
specified in Airbus A318/A319/A320/A321 Airworthiness Limitations
Section (ALS) Part 2-Damage Tolerant Airworthiness Limitation Items
(DT-ALI), Revision 07, dated June 13, 2018, or within 90 days after
the effective date of this AD, whichever occurs later.
(h) No Alternative Actions or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (j)(1) of this AD.
(i) Terminating Action for AD 2018-25-02
Accomplishing the actions required by this AD terminates all
requirements of AD 2018-25-02.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to: [email protected].
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(ii) AMOCs approved previously for AD 2018-25-02 are approved as
AMOCs for the corresponding provisions of this AD, provided there is
no change in description, threshold and interval of the applicable
tasks.
(iii) AMOC AIR-676-19-235, dated June 3, 2019, is approved as an
AMOC for the corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus SAS's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2018-0288, dated December 21,
2018, for related information. This MCAI may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0321.
(2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3223.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Airbus A318/A319/A320/A321 Airworthiness Limitations Section
(ALS) Part 2-Damage Tolerant Airworthiness Limitation Items (DT-
ALI), Revision 07, dated June 13, 2018.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email [email protected]; internet
https://www.airbus.com.
(4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on November 7, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-26231 Filed 12-4-19; 8:45 am]
BILLING CODE 4910-13-P
