Airworthiness Directives; Airbus SAS Airplanes, 15919-15922 [2020-05707]
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Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
in its interactions with the Bureau.
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believes, would benefit both consumers
and providers of consumer financial
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products and services, is in the public
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rulemaking requirements under the
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804(2).
Dated: March 6, 2020.
Kathleen L. Kraninger,
Director, Bureau of Consumer Financial
Protection.
[FR Doc. 2020–05505 Filed 3–19–20; 8:45 am]
BILLING CODE 4810–AM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0863; Product
Identifier 2019–NM–157–AD; Amendment
39–19867; AD 2020–05–17]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
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15919
Airbus SAS Model A318–112, A319–
111, A319–112, A319–113, A319–114,
A319–115, A319–131, A319–132, A319–
133, A320–211, A320–212, A320–214,
A320–216, A320–231, A320–232, A320–
233, A320–251N, and A320–271N
airplanes. This AD was prompted by a
report of marginal clearance between
certain fuel sensor covers on both lefthand (LH) and right-hand (RH) wings.
This AD requires the replacement of
certain fuel level sensor brackets, 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 is effective April 24,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 24, 2020.
ADDRESSES: For the material
incorporated by reference (IBR) in this
AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 89990
1000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0863.
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–
0863; 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; email
Sanjay.Ralhan@faa.gov.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0197, dated August 14, 2019
(‘‘EASA AD 2019–0197’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A318–
112, A319–111, A319–112, A319–113,
A319–114, A319–115, A319–131, A319–
132, A319–133, A320–211, A320–212,
A320–214, A320–215, A320–216, A320–
231, A320–232, A320–233, A320–251N,
and A320–271N 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.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Airbus SAS Model
A318–112, A319–111, A319–112, A319–
113, A319–114, A319–115, A319–131,
A319–132, A319–133, A320–211, A320–
212, A320–214, A320–215, A320–216,
A320–231, A320–232, A320–233, A320–
251N, and A320–271N airplanes. The
NPRM published in the Federal
Register on November 7, 2019 (84 FR
60001). The NPRM was prompted by a
report of marginal clearance between
certain fuel sensor covers on both LH
and RH wings. The NPRM proposed to
require the replacement of certain fuel
level sensor brackets.
The FAA is issuing this AD to address
marginal clearance between certain fuel
sensor covers on rib 24 and the crown
of stringer 15 on both LH and RH wings.
A possible contact between the shield
and the stringer, and/or possible motion
between the stringer and the shield, can
make the gap more susceptible to
sparking in case of lightning strike. This
condition could create a source of
ignition in a fuel tank vapor space,
possibly resulting in a fire or explosion
and consequent loss of the airplane. See
the MCAI for additional background
information.
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Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comments received on the NPRM
and the FAA’s response to each
comment.
Support for the NPRM
Air Line Pilots Association,
International (ALPA) agreed with the
intent of the NPRM.
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Request To Clarify Affected Airplanes
and Instructions
American Airlines (AAL) requested
that the NPRM be revised to clarify the
affected airplanes. AAL stated that
clarification is needed on which
airplanes fall outside of Group 1, 2, or
3, but still have not embodied Airbus
modification (mod) 158133 and are
therefore affected by EASA AD 2019–
0197. AAL requested instructions on
how to comply with the actions
specified in the proposed AD for those
airplanes in ‘‘Group 4’’ (EASA AD
2019–0197 defines Group 1, 2, and 3
only). Alternatively, AAL recommended
that the proposed AD applicability
reflect Group 1, 2, and 3 airplanes only.
The FAA agrees to clarify. This AD
applies to Airbus airplanes referenced
in paragraph (c) of this AD as identified
in EASA AD 2019–0197, i.e., those that
have not embodied Airbus modification
158133. If modification 158133 is not
installed on an airplane, and none of the
criteria associated with the definitions
of Group 1, 2, or 3 airplanes is met, then
those airplanes (referred to as group 4
by the commenter) are subject only to
paragraph (4) of EASA AD 2019–0197,
which contains parts installation
requirements. Paragraph (4) of EASA
AD 2019–0197 also applies to Group 1,
2, and 3 airplanes. The FAA has not
changed this AD in this regard.
Request To Clarify Actions for Certain
Airplanes
United Airlines (UAL) stated its fleet
will be identified as Group 3 as
specified in EASA AD 2019–0197
because Airbus Service Bulletin A320–
28–1216 is being implemented on its
entire fleet. UAL noted that if it were to
incorporate Airbus Service Bulletin
A320–57–1193 on its fleet, Airbus
would need to be contacted for
instructions. The FAA infers UAL is
requesting that the FAA clarify the
actions for Group 2 and Group 3
airplanes.
The FAA agrees to clarify. Group 3
airplanes are those having embodied
Airbus Service Bulletin A320–28–1216
but not Airbus Service Bulletin A320–
57–1193. However, once operators
incorporate Airbus Service Bulletin
A320–28–1216 and Airbus Service
Bulletin A320–57–1193 on an airplane,
that airplane is a Group 2 airplane as
defined in EASA AD 2019–0197;
operators then must comply with the
requirements of this AD that correspond
to the actions specified in paragraph (2)
of EASA AD 2019–0197. The FAA also
acknowledges UAL’s comment
regarding operators needing to contact
Airbus prior to incorporating Airbus
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Service Bulletin A320–57–1193, as
specified in paragraph (3) of EASA AD
2019–0197. The FAA has not changed
this AD in this regard.
Request To Exclude Airplanes
Spirit Airlines requested that
airplanes without factory modification
160001 be excluded from the
requirements of the proposed AD. Spirit
Airlines stated that if the proposed AD
is applicable to aircraft without the
production modification 160001, then
EASA AD 2019–0197 gives no method
of compliance. Spirit Airlines stated its
airplanes do not fall within Group 1,
Group 2, or Group 3, as specified in
EASA AD 2019–0197. Spirit Airlines
noted that the applicability section of
EASA AD 2019–0197 excludes only
aircraft with factory modification
158133.
The FAA disagrees with the
commenter’s request. If Airbus
modification 158133 is not installed,
and none of the criteria associated with
the definitions for Group 1, 2, and 3
airplanes is met, then those airplanes
are still subject to the parts installation
requirements of this AD, as specified in
paragraph (4) of EASA AD 2019–0197.
Paragraph (4) of EASA AD 2019–0197
applies to all airplanes identified in
paragraph (c), ‘‘Applicability,’’ of this
AD, which includes all manufacturer
serial numbers (MSN) of the referenced
models, except those having Airbus
modification 158133 embodied in
production. The FAA has not changed
this AD in this regard.
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 as proposed, except for 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.
Related IBR Material Under 1 CFR Part
51
EASA AD 2019–0197 describes
procedures for the replacement of
certain fuel level sensor brackets. 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.
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Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
Costs of Compliance
15921
The FAA estimates the following costs
to comply with this AD:
The FAA estimates that this AD
affects 776 airplanes of U.S. registry.
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Up to 7 work-hour × $85 per hour = Up to $595 ......................................................
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.
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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:
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Up to $609
Up to $1,204
Cost on U.S.
operators
Up to $934,304.
compliance times specified in, and in
accordance with, EASA AD 2019–0197.
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
Cost per product
[Amended]
(h) Exceptions to EASA AD 2019–0197
(1) Where EASA AD 2019–0197 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0197 does not apply to this AD.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (j) of this AD. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@
faa.gov. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2019–0197 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
(j) Related Information
For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2020–05–17 Airbus SAS: Amendment 39–
19867; Docket No. FAA–2019–0863;
Product Identifier 2019–NM–157–AD.
(a) Effective Date
This AD is effective April 24, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A318–112, A319–111, A319–112, A319–113,
A319–114, A319–115, A319–131, A319–132,
A319–133, A320–211, A320–212, A320–214,
A320–216, A320–231, A320–232, A320–233,
A320–251N, and A320–271N airplanes,
certificated in any category, as identified in
European Union Aviation Safety Agency
(EASA) AD 2019–0197, dated August 14,
2019 (‘‘EASA AD 2019–0197’’).
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
(e) Reason
This AD was prompted by a report of
marginal clearance between certain fuel
sensor covers on rib 24 and the crown of
stringer 15 on both left-hand (LH) and righthand (RH) wings. A possible contact between
the shield and the stringer, and/or possible
motion between the stringer and the shield,
can make the gap more susceptible to
sparking in case of lightning strike. The FAA
is issuing this AD to address this condition,
which could create a source of ignition in a
fuel tank vapor space, possibly resulting in
a fire or explosion and consequent loss of the
airplane.
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15922
Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
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.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2019–0197, dated August 14,
2019.
(ii) [Reserved]
(3) For information about EASA AD 2019–
0197, 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–2019–0863.
(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 March 7, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0873; Product
Identifier 2019–NM–164–AD; Amendment
39–19869; AD 2020–05–19]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
jbell on DSKJLSW7X2PROD with RULES
AGENCY:
Jkt 250001
For the material
incorporated by reference (IBR) in this
AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 89990
1000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0873.
ADDRESSES:
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0873; 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:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A319–112, –115, and
–132 airplanes; and Model A320–214,
17:04 Mar 19, 2020
This AD is effective April 24,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 24, 2020.
DATES:
Examining the AD Docket
[FR Doc. 2020–05707 Filed 3–19–20; 8:45 am]
VerDate Sep<11>2014
–216, –232, and –233 airplanes. This AD
was prompted by a report that a possible
interference was identified between 1M
and 2M wiring harnesses and the
tapping units, and that the interference
could adversely affect the lavatory
smoke detection system and/or the
passenger oxygen system. This AD
requires modifying the 1M and 2M
harness routing, 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.
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:
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Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0227, dated September 11, 2019
(‘‘EASA AD 2019–0227’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A319–
112, –115, and –132 airplanes; and
Model A320–214, –216, –232 and –233
airplanes.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Airbus SAS Model
A319–112, –115, and –132 airplanes;
and Model A320–214, –216, –232, and
–233 airplanes. The NPRM published in
the Federal Register on November 22,
2019 (84 FR 64443). The NPRM was
prompted by a report that a possible
interference was identified between 1M
and 2M wiring harnesses and the
tapping units, and that the interference
could adversely affect the lavatory
smoke detection system and/or the
passenger oxygen system. The NPRM
proposed to require modifying the 1M
and 2M harness routing, as specified in
an EASA AD.
The FAA is issuing this AD to address
possible loss of lavatory smoke
detection and/or passenger oxygen
system commands, which could prevent
the delivery of passenger oxygen during
an emergency and possibly result in
injury to airplane occupants. 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. The FAA received one
comment outside the scope of this
rulemaking.
Support for the NPRM
Two anonymous commenters stated
their support for the NPRM.
Request for Clarification on Affected
Airplane Models
Megan Meyet requested clarification
on other Airbus airplanes that may be
affected by the unsafe condition
identified in the proposed AD. The
commenter asked what will the FAA do
if there are other Airbus airplanes that
are found to have the same issue. The
commenter stated that the proposed AD
lists a specific batch of Airbus airplanes
that have a defective part, but does not
mention what would happen if other
E:\FR\FM\20MRR1.SGM
20MRR1
]]>Agencies
[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Rules and Regulations]
[Pages 15919-15922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05707]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0863; Product Identifier 2019-NM-157-AD; Amendment
39-19867; AD 2020-05-17]
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
certain Airbus SAS Model A318-112, A319-111, A319-112, A319-113, A319-
114, A319-115, A319-131, A319-132, A319-133, A320-211, A320-212, A320-
214, A320-216, A320-231, A320-232, A320-233, A320-251N, and A320-271N
airplanes. This AD was prompted by a report of marginal clearance
between certain fuel sensor covers on both left-hand (LH) and right-
hand (RH) wings. This AD requires the replacement of certain fuel level
sensor brackets, 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 is effective April 24, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 24,
2020.
ADDRESSES: 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-2019-0863.
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-
0863; 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; email
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 15920]]
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0197, dated August 14, 2019
(``EASA AD 2019-0197'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A318-112, A319-111, A319-112,
A319-113, A319-114, A319-115, A319-131, A319-132, A319-133, A320-211,
A320-212, A320-214, A320-215, A320-216, A320-231, A320-232, A320-233,
A320-251N, and A320-271N 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.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A318-112, A319-111, A319-112, A319-113, A319-114, A319-115, A319-
131, A319-132, A319-133, A320-211, A320-212, A320-214, A320-215, A320-
216, A320-231, A320-232, A320-233, A320-251N, and A320-271N airplanes.
The NPRM published in the Federal Register on November 7, 2019 (84 FR
60001). The NPRM was prompted by a report of marginal clearance between
certain fuel sensor covers on both LH and RH wings. The NPRM proposed
to require the replacement of certain fuel level sensor brackets.
The FAA is issuing this AD to address marginal clearance between
certain fuel sensor covers on rib 24 and the crown of stringer 15 on
both LH and RH wings. A possible contact between the shield and the
stringer, and/or possible motion between the stringer and the shield,
can make the gap more susceptible to sparking in case of lightning
strike. This condition could create a source of ignition in a fuel tank
vapor space, possibly resulting in a fire or explosion and consequent
loss 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.
Support for the NPRM
Air Line Pilots Association, International (ALPA) agreed with the
intent of the NPRM.
Request To Clarify Affected Airplanes and Instructions
American Airlines (AAL) requested that the NPRM be revised to
clarify the affected airplanes. AAL stated that clarification is needed
on which airplanes fall outside of Group 1, 2, or 3, but still have not
embodied Airbus modification (mod) 158133 and are therefore affected by
EASA AD 2019-0197. AAL requested instructions on how to comply with the
actions specified in the proposed AD for those airplanes in ``Group 4''
(EASA AD 2019-0197 defines Group 1, 2, and 3 only). Alternatively, AAL
recommended that the proposed AD applicability reflect Group 1, 2, and
3 airplanes only.
The FAA agrees to clarify. This AD applies to Airbus airplanes
referenced in paragraph (c) of this AD as identified in EASA AD 2019-
0197, i.e., those that have not embodied Airbus modification 158133. If
modification 158133 is not installed on an airplane, and none of the
criteria associated with the definitions of Group 1, 2, or 3 airplanes
is met, then those airplanes (referred to as group 4 by the commenter)
are subject only to paragraph (4) of EASA AD 2019-0197, which contains
parts installation requirements. Paragraph (4) of EASA AD 2019-0197
also applies to Group 1, 2, and 3 airplanes. The FAA has not changed
this AD in this regard.
Request To Clarify Actions for Certain Airplanes
United Airlines (UAL) stated its fleet will be identified as Group
3 as specified in EASA AD 2019-0197 because Airbus Service Bulletin
A320-28-1216 is being implemented on its entire fleet. UAL noted that
if it were to incorporate Airbus Service Bulletin A320-57-1193 on its
fleet, Airbus would need to be contacted for instructions. The FAA
infers UAL is requesting that the FAA clarify the actions for Group 2
and Group 3 airplanes.
The FAA agrees to clarify. Group 3 airplanes are those having
embodied Airbus Service Bulletin A320-28-1216 but not Airbus Service
Bulletin A320-57-1193. However, once operators incorporate Airbus
Service Bulletin A320-28-1216 and Airbus Service Bulletin A320-57-1193
on an airplane, that airplane is a Group 2 airplane as defined in EASA
AD 2019-0197; operators then must comply with the requirements of this
AD that correspond to the actions specified in paragraph (2) of EASA AD
2019-0197. The FAA also acknowledges UAL's comment regarding operators
needing to contact Airbus prior to incorporating Airbus Service
Bulletin A320-57-1193, as specified in paragraph (3) of EASA AD 2019-
0197. The FAA has not changed this AD in this regard.
Request To Exclude Airplanes
Spirit Airlines requested that airplanes without factory
modification 160001 be excluded from the requirements of the proposed
AD. Spirit Airlines stated that if the proposed AD is applicable to
aircraft without the production modification 160001, then EASA AD 2019-
0197 gives no method of compliance. Spirit Airlines stated its
airplanes do not fall within Group 1, Group 2, or Group 3, as specified
in EASA AD 2019-0197. Spirit Airlines noted that the applicability
section of EASA AD 2019-0197 excludes only aircraft with factory
modification 158133.
The FAA disagrees with the commenter's request. If Airbus
modification 158133 is not installed, and none of the criteria
associated with the definitions for Group 1, 2, and 3 airplanes is met,
then those airplanes are still subject to the parts installation
requirements of this AD, as specified in paragraph (4) of EASA AD 2019-
0197. Paragraph (4) of EASA AD 2019-0197 applies to all airplanes
identified in paragraph (c), ``Applicability,'' of this AD, which
includes all manufacturer serial numbers (MSN) of the referenced
models, except those having Airbus modification 158133 embodied in
production. The FAA has not changed this AD in this regard.
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 as proposed, except for 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.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0197 describes procedures for the replacement of
certain fuel level sensor brackets. 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.
[[Page 15921]]
Costs of Compliance
The FAA estimates that this AD affects 776 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Up to 7 work-hour x $85 per hour = Up to $595.......... Up to $609 Up to $1,204 Up to $934,304.
----------------------------------------------------------------------------------------------------------------
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.
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):
2020-05-17 Airbus SAS: Amendment 39-19867; Docket No. FAA-2019-0863;
Product Identifier 2019-NM-157-AD.
(a) Effective Date
This AD is effective April 24, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A318-112, A319-111, A319-
112, A319-113, A319-114, A319-115, A319-131, A319-132, A319-133,
A320-211, A320-212, A320-214, A320-216, A320-231, A320-232, A320-
233, A320-251N, and A320-271N airplanes, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2019-0197, dated August 14, 2019 (``EASA AD 2019-0197'').
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Reason
This AD was prompted by a report of marginal clearance between
certain fuel sensor covers on rib 24 and the crown of stringer 15 on
both left-hand (LH) and right-hand (RH) wings. A possible contact
between the shield and the stringer, and/or possible motion between
the stringer and the shield, can make the gap more susceptible to
sparking in case of lightning strike. The FAA is issuing this AD to
address this condition, which could create a source of ignition in a
fuel tank vapor space, possibly resulting in a fire or explosion and
consequent loss 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 2019-0197.
(h) Exceptions to EASA AD 2019-0197
(1) Where EASA AD 2019-0197 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0197 does not apply
to this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j) of this AD. Information may
be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain 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 2019-0197 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(j) Related Information
For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer,
[[Page 15922]]
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223;
email [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2019-0197,
dated August 14, 2019.
(ii) [Reserved]
(3) For information about EASA AD 2019-0197, 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-
2019-0863.
(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 March 7, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-05707 Filed 3-19-20; 8:45 am]
BILLING CODE 4910-13-P
