Airworthiness Directives; Airbus SAS Airplanes, 66579-66582 [2019-26231]

Download as PDF jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 16:17 Dec 04, 2019 Jkt 250001 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 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: E:\FR\FM\05DER1.SGM 05DER1 66580 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: jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 16:17 Dec 04, 2019 Jkt 250001 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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. E:\FR\FM\05DER1.SGM 05DER1 Federal Register / Vol. 84, No. 234 / Thursday, December 5, 2019 / Rules and Regulations 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. jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 16:17 Dec 04, 2019 Jkt 250001 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. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 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 E:\FR\FM\05DER1.SGM 05DER1 66582 Federal Register / Vol. 84, No. 234 / Thursday, December 5, 2019 / Rules and Regulations 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. jbell on DSKJLSW7X2PROD with RULES (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:// VerDate Sep<11>2014 16:17 Dec 04, 2019 Jkt 250001 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]


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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