Airworthiness Directives; Airbus SAS Airplanes, 5308-5310 [2020-01633]
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–1077; Product
Identifier 2019–NM–204–AD; Amendment
39–19818; AD 2020–01–12]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A318 series
airplanes; Model A319–111, –112, –113,
–114, –115, –131, –132, and –133
airplanes; Model A320–211, –212, –214,
–216, –231, –232, and –233 airplanes;
and Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
This AD was prompted by the absence
of a requirement to remove a certain
Emergency Procedure in the existing
Aircraft Flight Manual (AFM) after
accomplishing a certain modification or
replacement. This AD requires, for
airplanes on which a certain
modification or replacement is done,
revising the AFM by removing a certain
Emergency Procedure in the AFM, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD becomes effective
February 14, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of February 14, 2020.
The FAA must receive comments on
this AD by March 16, 2020.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
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SUMMARY:
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15:52 Jan 29, 2020
Jkt 250001
and 5 p.m., Monday through Friday,
except Federal holidays.
For the material incorporated by
reference (IBR) in this AD, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
89990 1000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
1077.
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–
1077; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this AD, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Sanjay Ralhan, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3223; email
Sanjay.Ralhan@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0309, dated December 19, 2019
(‘‘EASA AD 2019–0309’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all Airbus SAS Model A318 series
airplanes; Model A319–111, –112, –113,
–114, –115, –131, –132, and –133
airplanes; Model A320–211, –212, –214,
–215, –216, –231, –232, and –233
airplanes; and Model A321–111, –112,
–131, –211, –212, –213, –231, and –232
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.
This AD was prompted by the absence
of a requirement to remove Emergency
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Sfmt 4700
Procedures relating to the undue
activation of Alpha Protection (Alpha
Prot) in the existing AFM after
accomplishing the modification or
replacement specified in AD 2017–16–
12, Amendment 39–18989 (82 FR
40675, August 28, 2017) (‘‘AD 2017–16–
12’’). The FAA is issuing this AD to
address this condition, which, under
certain conditions, could lead to the
incorrect application of the procedure
by the flight crew, possibly resulting in
increased flight crew workload and
consequent reduced control of the
airplane. See the MCAI for additional
background information.
Relationship Between This AD and AD
2017–16–12
AD 2017–16–12 requires, among other
actions, revising the AFM to incorporate
procedures to advise the flight crew of
emergency procedures for abnormal
Alpha Prot; and replacement of certain
angle of attack (AOA) sensors with
certain Thales C16291AA or C16291AB
AOA sensors. AD 2017–16–12 also
allows certain future approved
acceptable parts as a method of
compliance for certain actions. This AD
requires, for airplanes on which a
certain modification or replacement is
done, revising the AFM by removing
Emergency Procedures relating to the
undue activation of Alpha Prot from the
existing AFM. Accomplishment of this
AD terminates the AFM revision
required by paragraph (j) of AD 2017–
16–12 for that airplane only.
Related IBR Material Under 1 CFR Part
51
EASA AD 2019–0309 describes
procedures, for airplanes on which a
certain modification or replacement
(installation or replacement of certain
AOA sensors) is done, for revising the
existing AFM by removing Emergency
Procedures relating to the undue
activation of Alpha Prot from the
existing AFM. This material is
reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
FAA’s Determination
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is issuing this AD
because the FAA evaluated all pertinent
information and determined the unsafe
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Rules and Regulations
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2019–
0309 described previously, as
incorporated by reference, except for
any differences identified as exceptions
in the regulatory text of this AD.
this AD requirement is not limited to
the section titled ‘‘Required Action(s)
and Compliance Time(s)’’ in the EASA
AD. Service information specified in
EASA AD 2019–0309 that is required for
compliance with EASA AD 2019–0309
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–1077 after the FAA final
rule is published.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities (CAAs) to
use this process. As a result, EASA AD
2019–0309 will be incorporated by
reference in the FAA final rule. This
AD, therefore, requires compliance with
EASA AD 2019–0309 in its entirety,
through that incorporation, except for
any differences identified as exceptions
in the regulatory text of this AD. Using
common terms that are the same as the
heading of a particular section in the
EASA AD does not mean that operators
need comply only with that section. For
example, where the AD requirement
refers to ‘‘all required actions and
compliance times,’’ compliance with
FAA’s Justification and Determination
of the Effective Date
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies waiving notice
and comment prior to adoption of this
rule because it has been determined that
for airplanes on which a certain
modification or replacement is done, the
AFM procedure required by AD 2017–
16–12 if not removed, could, under
certain conditions, lead to the incorrect
application of the procedure by the
flight crew, possibly resulting in
increased flight crew workload and
consequent reduced control of the
airplane. In addition, the removal of
these AFM emergency procedures for
applicable airplanes is relieving on the
flight crew workload during an
emergency situation. Therefore, the
FAA find good cause that notice and
opportunity for prior public comment
are impracticable. In addition, for the
condition exists and is likely to exist or
develop on other products of the same
type design.
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reasons stated above, the FAA finds that
good cause exists for making this
amendment effective in less than 30
days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
the FAA did not precede it by notice
and opportunity for public comment.
The FAA invites you to send any
written relevant data, views, or
arguments about this AD. Send your
comments to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2019–1077; Product Identifier
2019–NM–204–AD’’ at the beginning of
your comments. The FAA specifically
invites comments on the overall
regulatory, economic, environmental,
and energy aspects of this AD. The FAA
will consider all comments received by
the closing date and may amend this AD
based on those comments.
The FAA will post all comments,
without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact the agency receives about this
AD.
Costs of Compliance
The FAA estimates that this AD
affects 1,553 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
1 work-hour × $85 per hour = $85 ..............................................................................................
$0
$85
$132,005
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
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15:52 Jan 29, 2020
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unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
This AD is issued in accordance with
authority delegated by the Executive
Director, Aircraft Certification Service,
as authorized by FAA Order 8000.51C.
In accordance with that order, issuance
of ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to transport category
airplanes and associated appliances to
the Director of the System Oversight
Division.
Regulatory Findings
The FAA determined that this AD
will not have federalism implications
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Fmt 4700
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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.
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5310
Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Rules and Regulations
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2020–01–12 Airbus SAS: Amendment 39–
19818; Docket No. FAA–2019–1077;
Product Identifier 2019–NM–204–AD.
(a) Effective Date
This AD becomes effective February 14,
2020.
(b) Affected ADs
This AD affects AD 2017–16–12,
Amendment 39–18989 (82 FR 40675, August
28, 2017) (‘‘AD 2017–16–12’’).
(c) Applicability
This AD applies to all Airbus SAS
airplanes identified in paragraphs (c)(1)
through (4), certificated in any category.
(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, and –233 airplanes.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 34, Navigation.
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(e) Reason
This AD was prompted by the absence of
a requirement to remove a certain Emergency
Procedure in the existing Aircraft Flight
Manual (AFM) after accomplishing a certain
modification or replacement. The FAA is
issuing this AD to address this condition,
which, under certain conditions, could lead
to the incorrect application of the procedure
by the flight crew, possibly resulting in
increased flight crew workload and
consequent reduced control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
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15:52 Jan 29, 2020
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(h) Exceptions to EASA AD 2019–0309
(1) Where EASA AD 2019–0309 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0309 does not apply to this AD.
(3) Where EASA AD 2019–0309 specifies
paragraph (19) of EASA AD 2015–0135R3, for
this AD, use paragraph (r) of AD 2017–16–
12, except where paragraph (r) of AD 2017–
16–12 refers to ‘‘the effective date of this
AD,’’ use June 1, 2015 (the effective date of
EASA AD 2015–0087).
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
§ 39.13
accordance with, EASA AD 2019–0309,
dated December 19, 2019 (‘‘EASA AD 2019–
0309’’).
(i) Terminating Action for AD 2017–16–12
Accomplishing the actions required by this
AD on an airplane terminates all
requirements of paragraph (j) of AD 2017–16–
12 for that airplane only.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (k) of this AD. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@
faa.gov. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office. Before
using any approved AMOC, notify your
appropriate principal inspector, or lacking a
principal inspector, the manager of the local
flight standards district office/certificate
holding district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOA–
authorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2019–0309 that contains RC procedures and
tests: Except as required by paragraph (j)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
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Fmt 4700
Sfmt 4700
changes to procedures or tests identified as
RC require approval of an AMOC.
(k) Related Information
For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3223; email Sanjay.Ralhan@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2019–0309, dated December 19,
2019.
(ii) [Reserved]
(3) For information about EASA AD 2019–
0309, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 89990 6017; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu.
(4) You may view this material at the FAA,
Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information
on the availability of this material at the
FAA, call 206–231–3195. This material may
be found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2019–1077.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued on January 15, 2020.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2020–01633 Filed 1–29–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–1080; Product
Identifier 2020–NM–002–AD; Amendment
39–19823; AD 2020–01–17]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
E:\FR\FM\30JAR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Rules and Regulations]
[Pages 5308-5310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01633]
[[Page 5308]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-1077; Product Identifier 2019-NM-204-AD; Amendment
39-19818; AD 2020-01-12]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A318 series airplanes; Model A319-111, -112, -113, -
114, -115, -131, -132, and -133 airplanes; Model A320-211, -212, -214,
-216, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes. This AD was prompted by the
absence of a requirement to remove a certain Emergency Procedure in the
existing Aircraft Flight Manual (AFM) after accomplishing a certain
modification or replacement. This AD requires, for airplanes on which a
certain modification or replacement is done, revising the AFM by
removing a certain Emergency Procedure in the AFM, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD becomes effective February 14, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 14,
2020.
The FAA must receive comments on this AD by March 16, 2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-1077.
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-
1077; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223; email
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0309, dated December 19, 2019
(``EASA AD 2019-0309'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A318 series airplanes; Model A319-
111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model
A320-211, -212, -214, -215, -216, -231, -232, and -233 airplanes; and
Model A321-111, -112, -131, -211, -212, -213, -231, and -232 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.
This AD was prompted by the absence of a requirement to remove
Emergency Procedures relating to the undue activation of Alpha
Protection (Alpha Prot) in the existing AFM after accomplishing the
modification or replacement specified in AD 2017-16-12, Amendment 39-
18989 (82 FR 40675, August 28, 2017) (``AD 2017-16-12''). The FAA is
issuing this AD to address this condition, which, under certain
conditions, could lead to the incorrect application of the procedure by
the flight crew, possibly resulting in increased flight crew workload
and consequent reduced control of the airplane. See the MCAI for
additional background information.
Relationship Between This AD and AD 2017-16-12
AD 2017-16-12 requires, among other actions, revising the AFM to
incorporate procedures to advise the flight crew of emergency
procedures for abnormal Alpha Prot; and replacement of certain angle of
attack (AOA) sensors with certain Thales C16291AA or C16291AB AOA
sensors. AD 2017-16-12 also allows certain future approved acceptable
parts as a method of compliance for certain actions. This AD requires,
for airplanes on which a certain modification or replacement is done,
revising the AFM by removing Emergency Procedures relating to the undue
activation of Alpha Prot from the existing AFM. Accomplishment of this
AD terminates the AFM revision required by paragraph (j) of AD 2017-16-
12 for that airplane only.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0309 describes procedures, for airplanes on which a
certain modification or replacement (installation or replacement of
certain AOA sensors) is done, for revising the existing AFM by removing
Emergency Procedures relating to the undue activation of Alpha Prot
from the existing AFM. This material is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the FAA evaluated
all pertinent information and determined the unsafe
[[Page 5309]]
condition exists and is likely to exist or develop on other products of
the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2019-0309 described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2019-0309
will be incorporated by reference in the FAA final rule. This AD,
therefore, requires compliance with EASA AD 2019-0309 in its entirety,
through that incorporation, except for any differences identified as
exceptions in the regulatory text of this AD. Using common terms that
are the same as the heading of a particular section in the EASA AD does
not mean that operators need comply only with that section. For
example, where the AD requirement refers to ``all required actions and
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
the EASA AD. Service information specified in EASA AD 2019-0309 that is
required for compliance with EASA AD 2019-0309 will be available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-1077 after the FAA final rule is published.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because it has been determined that for airplanes on which a certain
modification or replacement is done, the AFM procedure required by AD
2017-16-12 if not removed, could, under certain conditions, lead to the
incorrect application of the procedure by the flight crew, possibly
resulting in increased flight crew workload and consequent reduced
control of the airplane. In addition, the removal of these AFM
emergency procedures for applicable airplanes is relieving on the
flight crew workload during an emergency situation. Therefore, the FAA
find good cause that notice and opportunity for prior public comment
are impracticable. In addition, for the reasons stated above, the FAA
finds that good cause exists for making this amendment effective in
less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2019-1077;
Product Identifier 2019-NM-204-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. The FAA will
consider all comments received by the closing date and may amend this
AD based on those comments.
The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this AD.
Costs of Compliance
The FAA estimates that this AD affects 1,553 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85............................. $0 $85 $132,005
----------------------------------------------------------------------------------------------------------------
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
The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(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.
[[Page 5310]]
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):
2020-01-12 Airbus SAS: Amendment 39-19818; Docket No. FAA-2019-1077;
Product Identifier 2019-NM-204-AD.
(a) Effective Date
This AD becomes effective February 14, 2020.
(b) Affected ADs
This AD affects AD 2017-16-12, Amendment 39-18989 (82 FR 40675,
August 28, 2017) (``AD 2017-16-12'').
(c) Applicability
This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (4), certificated in any category.
(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, and -233
airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Reason
This AD was prompted by the absence of a requirement to remove a
certain Emergency Procedure in the existing Aircraft Flight Manual
(AFM) after accomplishing a certain modification or replacement. The
FAA is issuing this AD to address this condition, which, under
certain conditions, could lead to the incorrect application of the
procedure by the flight crew, possibly resulting in increased flight
crew workload and consequent reduced control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0309, dated December 19, 2019 (``EASA
AD 2019-0309'').
(h) Exceptions to EASA AD 2019-0309
(1) Where EASA AD 2019-0309 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0309 does not apply
to this AD.
(3) Where EASA AD 2019-0309 specifies paragraph (19) of EASA AD
2015-0135R3, for this AD, use paragraph (r) of AD 2017-16-12, except
where paragraph (r) of AD 2017-16-12 refers to ``the effective date
of this AD,'' use June 1, 2015 (the effective date of EASA AD 2015-
0087).
(i) Terminating Action for AD 2017-16-12
Accomplishing the actions required by this AD on an airplane
terminates all requirements of paragraph (j) of AD 2017-16-12 for
that airplane only.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k) of this AD. Information may
be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
(3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0309 that contains RC procedures and
tests: Except as required by paragraph (j)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(k) Related Information
For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3223; email [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2019-0309,
dated December 19, 2019.
(ii) [Reserved]
(3) For information about EASA AD 2019-0309, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
(4) You may view this material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195. This
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-1077.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on January 15, 2020.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2020-01633 Filed 1-29-20; 8:45 am]
BILLING CODE 4910-13-P
