Airworthiness Directives; Airbus SAS Airplanes, 21759-21762 [2020-08201]
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Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Rules and Regulations
(2) This AD affects AD 2008–17–01 R1,
Amendment 39–16106 (74 FR 63569,
December 4, 2009) (‘‘AD 2008–17–01 R1’’);
and AD 2012–01–08, Amendment 39–16920
(77 FR 3583, January 25, 2012) (‘‘AD 2012–
01–08’’).
(c) Applicability
This AD applies to all 328 Support
Services GmbH (Type Certificate previously
held by AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH)
Model 328–100 airplanes, certificated in any
category.
(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 the potential failure of
parts, which could lead to reduced control of
the airplane; and to address the potential of
ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors,
could result in a fuel tank explosion and
consequent loss of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Existing Maintenance or Inspection
Program Revision
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2019–0270, dated
October 30, 2019 (‘‘EASA AD 2019–0270’’).
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(h) Exceptions to EASA AD 2019–0270
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2019–
0270 do not apply to this AD.
(2) Where paragraph (3) of EASA AD 2019–
0270 specifies a compliance time of ‘‘Within
12 months’’ after its effective date to ‘‘revise
the approved AMP,’’ this AD requires
‘‘revising the existing maintenance or
inspection program, as applicable’’ to
incorporate the ‘‘limitations, tasks and
associated thresholds and intervals’’
specified in paragraph (3) of EASA AD 2019–
0270 within 90 days after the effective date
of this AD.
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2019–0270 is at the applicable
‘‘associated thresholds’’ specified in
paragraph (3) of EASA AD 2019–0270, or
within 90 days after the effective date of this
AD, whichever occurs later.
(4) The provisions specified in paragraphs
(4) and (5) of EASA AD 2019–0270 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2019–0270 does not apply to this AD.
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(i) Provisions for Alternative Actions,
Intervals, and Critical Design Configuration
Control Limitations (CDCCLs)
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections),
intervals, and CDCCLs are allowed unless
they are approved as specified in the
provisions of the ‘‘Ref. Publications’’ section
of EASA AD 2019–0270.
(j) Terminating Action for Other ADs
(1) Accomplishing the existing
maintenance or inspection program revision
required by paragraph (g) of this AD
terminates all requirements of AD 2008–17–
01 R1.
(2) Accomplishing the existing
maintenance or inspection program revision
required by paragraph (g) of this AD
terminates all requirements of AD 2012–01–
08 for Model 328–100 airplanes only.
(k) 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 (l) of this AD. Information may be
emailed to: 9-NM-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 328 Support Services GmbH’s EASA
Design Organization Approval (DOA). If
approved by the DOA, the approval must
include the DOA-authorized signature.
(l) Related Information
For more information about this AD,
contact Todd Thompson, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3228; email Todd.Thompson@
faa.gov.
(m) 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.
(3) The following service information was
approved for IBR on May 26, 2020.
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21759
(i) European Union Aviation Safety Agency
(EASA) AD 2019–0270, dated October 30,
2019.
(ii) [Reserved]
(4) For information about EASA AD 2019–
0270, 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.
(5) 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–2020–0088.
(6) 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 April 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–08229 Filed 4–17–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0978; Product
Identifier 2019–NM–163–AD; Amendment
39–19897; AD 2020–07–18]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2017–05–
12, which applied to certain Airbus SAS
Model A318–112 airplanes; Model
A319–111, –112, –115, –132, and –133
airplanes; Model A320–214, –232, and
–233 airplanes; and Model A321–211,
–212, –213, –231, and –232 airplanes.
AD 2017–05–12 required a one-time
eddy current conductivity measurement
of certain cabin, cargo compartment,
and frame structural parts to determine
if aluminum alloy with inadequate heat
treatment was used, and replacement if
necessary. This AD retains the
requirements of AD 2017–05–12, and for
certain airplanes, requires additional
work, as specified in a European Union
SUMMARY:
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Aviation Safety Agency (EASA) AD,
which is incorporated by reference. This
AD was prompted by a determination
that aluminum alloy with inadequate
heat treatment had been used for
additional structural parts. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective May 26,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of May 26, 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–
0978.
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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–
0978; 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:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0196, dated August 14, 2019
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(‘‘EASA AD 2019–0196’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A318–112
airplanes; Model A319–111, –112, –115,
–132, and –133 airplanes; Model A320–
214, –216, –232, and –233 airplanes;
and Model A321–211, –212, –213, –231,
and –232 airplanes.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2017–05–12,
Amendment 39–18823 (82 FR 13382,
March 13, 2017) (‘‘AD 2017–05–12’’),
which applied to certain Airbus SAS
Model A318–112 airplanes; Model
A319–111, –112, –115, –132, and –133
airplanes; Model A320–214, –232, and
–233 airplanes; and Model A321–211,
–212, –213, –231, and –232 airplanes.
The NPRM published in the Federal
Register on December 16, 2019 (84 FR
68376). The NPRM was prompted by a
determination that aluminum alloy with
inadequate heat treatment had been
used for additional structural parts. The
NPRM proposed to retain the
requirements of AD 2017–05–12, and for
certain airplanes, would require
additional work. The FAA is issuing
this AD to address structural parts made
of aluminum alloy with inadequate heat
treatment, which could result in
reduced structural integrity of the
airplane.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comment received on the NPRM and
the FAA’s response.
Request To Extend Compliance Time
American Airlines (AAL) asked that
the FAA extend the compliance time for
the additional work required by
paragraph (2) of EASA AD 2019–0196.
AAL asked that the compliance time be
changed from within 108 months to
within 120 months (10 years) from the
date of aircraft manufacture due to the
nature of the work, and in order for
affected airplanes to do the work at the
next scheduled heavy maintenance
check opportunity.
The FAA does not agree with the
commenter’s request to extend the
compliance time. AAL did not provide
information showing that the revised
compliance time would provide an
adequate level of safety. The FAA has
determined that the 108-month
compliance time in EASA AD 2019–
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0196 addresses the identified unsafe
condition in a timely manner. In
developing an appropriate compliance
time, EASA considered the degree of
urgency associated with addressing the
subject unsafe condition, the average
utilization of the affected fleet, and the
time necessary to perform the additional
work. The FAA has determined that the
compliance time specified in EASA AD
2019–0196 represents an appropriate
interval of time for affected airplanes to
continue to operate without
compromising safety. However, under
the provisions of paragraph (i)(1) of this
AD, the FAA will consider requests for
approval of an extension of the
compliance time if sufficient data are
submitted to substantiate that the new
compliance time would provide an
acceptable level of safety. The AD has
not been changed in this regard.
Conclusion
The FAA has reviewed the relevant
data, considered the comment 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 2019–0196 describes
procedures for a one-time eddy current
conductivity measurement of certain
cabin, cargo compartment, and frame
structural parts to determine if
aluminum alloy with inadequate heat
treatment was used, and replacement if
necessary. EASA AD 2019–0196 also
describes, for certain airplanes,
additional work (a one-time eddy
current conductivity measurement of
certain other structural parts, and
replacement if necessary). This material
is reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD
affects 63 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
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21761
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Retained actions from AD 2017–05–12
New actions ............................................
6 work-hours × $85 per hour = $510 .....
Up to 7 work-hours × $85 per hour =
Up to $595.
under the criteria of the Regulatory
Flexibility Act.
Authority for This Rulemaking
PART 39—AIRWORTHINESS
DIRECTIVES
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
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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:
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2017–05–12, Amendment 39–18823 (82
FR 13382, March 13, 2017), and adding
the following new AD:
■
2020–07–18 Airbus SAS: Amendment 39–
19897; Docket No. FAA–2019–0978;
Product Identifier 2019–NM–163–AD.
(a) Effective Date
This AD is effective May 26, 2020.
(b) Affected ADs
This AD replaces AD 2017–05–12,
Amendment 39–18823 (82 FR 13382, March
13, 2017) (‘‘AD 2017–05–12’’).
(c) Applicability
This AD applies to the Airbus SAS
airplanes identified in paragraphs (c)(1)
through (4) of this AD, certificated in any
category, as identified in European Union
Aviation Safety Agency (EASA) AD 2019–
0196, dated August 14, 2019 (‘‘EASA AD
2019–0196’’).
(1) Model A318–112 airplanes.
(2) Model A319–111, –112, –115, –132, and
–133 airplanes.
(3) Model A320–214, –216, –232, and –233
airplanes.
(4) Model A321–211, –212, –213, –231, and
–232 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Reason
This AD was prompted by a determination
that aluminum alloy with inadequate heat
treatment was used for certain structural
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Cost per product
$0
$0
The FAA has received no definitive
data that enables the agency to provide
cost estimates for the on-condition
actions specified in this AD.
According to the manufacturer, some
or all of the costs of this AD may be
covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage for affected
individuals. As a result, the FAA has
included all known costs in the cost
estimate.
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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Parts cost
$510 .......................
Up to $595 .............
Cost on U.S.
operators
$32,130.
Up to $37,485.
parts, including additional structural parts
not addressed in AD 2017–05–12. The FAA
is issuing this AD to address structural parts
made of aluminum alloy with inadequate
heat treatment, 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) 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 2019–0196.
(h) Exceptions to EASA AD 2019–0196
(1) Where EASA AD 2019–0196 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0196 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: 9-ANM-116-AMOC-REQUESTS@
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
2017–05–12 are approved as AMOCs for the
corresponding provisions of EASA AD 2019–
0196 that are required by paragraph (g) of this
AD.
(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
2019–0196 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
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Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Rules and Regulations
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.
DEPARTMENT OF TRANSPORTATION
(j) Related Information
AGENCY:
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.
(k) Material Incorporated by Reference
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(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.
(3) The following service information was
approved for IBR on May 26, 2020.
(i) European Union Aviation Safety Agency
(EASA) AD 2019–0196, dated August 14,
2019.
(ii) [Reserved]
(4) For information about EASA AD 2019–
0196, 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.
(5) 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–2019–0978.
(6) 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 April 7, 2020.
Ross Landes,
Deputy Director for Regulatory
Operations,Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–08201 Filed 4–17–20; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:11 Apr 17, 2020
Jkt 250001
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–1079; Product
Identifier 2019–NM–194–AD; Amendment
39–19898; AD 2020–07–19]
RIN 2120–AA64
Airworthiness Directives; ATR—GIE
Avions de Transport Re´gional
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
The FAA is adopting a new
airworthiness directive (AD) for certain
ATR—GIE Avions de Transport
Re´gional Model ATR72 airplanes. This
AD was prompted by occurrences of
smoke in the flight deck and flap
extension difficulties due to wire
chafing on the electrical harness under
a certain panel. This AD requires
modifying the clamp installation of the
electrical routing on a certain rib of the
left- and right-hand side of the wing rear
spars, 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 May 26,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of May 26, 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–
1079.
SUMMARY:
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–
1079; or in person at Docket Operations
PO 00000
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Fmt 4700
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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:
Shahram Daneshmandi, Aerospace
Engineer, International Section,
Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
telephone and fax 206–231–3220; email
Shahram.Daneshmandi@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0290, dated November 29, 2019
(‘‘EASA AD 2019–0290’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain ATR—GIE Avions de
Transport Re´gional Model ATR72
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 ATR—GIE Avions de
Transport Re´gional Model ATR72
airplanes. The NPRM published in the
Federal Register on January 27, 2020
(85 FR 4616). The NPRM was prompted
by occurrences of smoke in the flight
deck and flap extension difficulties due
to wire chafing on the electrical harness
under a certain panel. The NPRM
proposed to require modifying the
clamp installation of the electrical
routing on a certain rib of the left- and
right-hand side of the wing rear spars,
as specified in EASA AD 2019–0290.
The FAA is issuing this AD to address
wire chafing, which may lead to wire
failure (cut or shorted) and uncontrolled
fire with potential loss of multiple
systems, and could possibly result in
reduced control 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 FAA received no
comments on the NPRM or on the
determination of the cost to the public.
Conclusion
The FAA reviewed the relevant data
and determined that air safety and the
public interest require adopting this
E:\FR\FM\20APR1.SGM
20APR1
]]>Agencies
[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Rules and Regulations]
[Pages 21759-21762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08201]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0978; Product Identifier 2019-NM-163-AD; Amendment
39-19897; AD 2020-07-18]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-05-
12, which applied to certain Airbus SAS Model A318-112 airplanes; Model
A319-111, -112, -115, -132, and -133 airplanes; Model A320-214, -232,
and -233 airplanes; and Model A321-211, -212, -213, -231, and -232
airplanes. AD 2017-05-12 required a one-time eddy current conductivity
measurement of certain cabin, cargo compartment, and frame structural
parts to determine if aluminum alloy with inadequate heat treatment was
used, and replacement if necessary. This AD retains the requirements of
AD 2017-05-12, and for certain airplanes, requires additional work, as
specified in a European Union
[[Page 21760]]
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
This AD was prompted by a determination that aluminum alloy with
inadequate heat treatment had been used for additional structural
parts. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective May 26, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 26,
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-2019-0978.
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-
0978; 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:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0196, dated August 14, 2019
(``EASA AD 2019-0196'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A318-112 airplanes; Model A319-
111, -112, -115, -132, and -133 airplanes; Model A320-214, -216, -232,
and -233 airplanes; and Model A321-211, -212, -213, -231, and -232
airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-05-12, Amendment 39-18823 (82 FR
13382, March 13, 2017) (``AD 2017-05-12''), which applied to certain
Airbus SAS Model A318-112 airplanes; Model A319-111, -112, -115, -132,
and -133 airplanes; Model A320-214, -232, and -233 airplanes; and Model
A321-211, -212, -213, -231, and -232 airplanes. The NPRM published in
the Federal Register on December 16, 2019 (84 FR 68376). The NPRM was
prompted by a determination that aluminum alloy with inadequate heat
treatment had been used for additional structural parts. The NPRM
proposed to retain the requirements of AD 2017-05-12, and for certain
airplanes, would require additional work. The FAA is issuing this AD to
address structural parts made of aluminum alloy with inadequate heat
treatment, which could result in reduced structural integrity of the
airplane.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response.
Request To Extend Compliance Time
American Airlines (AAL) asked that the FAA extend the compliance
time for the additional work required by paragraph (2) of EASA AD 2019-
0196. AAL asked that the compliance time be changed from within 108
months to within 120 months (10 years) from the date of aircraft
manufacture due to the nature of the work, and in order for affected
airplanes to do the work at the next scheduled heavy maintenance check
opportunity.
The FAA does not agree with the commenter's request to extend the
compliance time. AAL did not provide information showing that the
revised compliance time would provide an adequate level of safety. The
FAA has determined that the 108-month compliance time in EASA AD 2019-
0196 addresses the identified unsafe condition in a timely manner. In
developing an appropriate compliance time, EASA considered the degree
of urgency associated with addressing the subject unsafe condition, the
average utilization of the affected fleet, and the time necessary to
perform the additional work. The FAA has determined that the compliance
time specified in EASA AD 2019-0196 represents an appropriate interval
of time for affected airplanes to continue to operate without
compromising safety. However, under the provisions of paragraph (i)(1)
of this AD, the FAA will consider requests for approval of an extension
of the compliance time if sufficient data are submitted to substantiate
that the new compliance time would provide an acceptable level of
safety. The AD has not been changed in this regard.
Conclusion
The FAA has reviewed the relevant data, considered the comment
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 2019-0196 describes procedures for a one-time eddy current
conductivity measurement of certain cabin, cargo compartment, and frame
structural parts to determine if aluminum alloy with inadequate heat
treatment was used, and replacement if necessary. EASA AD 2019-0196
also describes, for certain airplanes, additional work (a one-time eddy
current conductivity measurement of certain other structural parts, and
replacement if necessary). This material is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 63 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 21761]]
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2017-05- 6 work-hours x $85 $0 $510............... $32,130.
12. per hour = $510.
New actions...................... Up to 7 work-hours $0 Up to $595......... Up to $37,485.
x $85 per hour =
Up to $595.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data that enables the agency to
provide cost estimates for the on-condition actions specified in this
AD.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
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 removing Airworthiness Directive (AD)
2017-05-12, Amendment 39-18823 (82 FR 13382, March 13, 2017), and
adding the following new AD:
2020-07-18 Airbus SAS: Amendment 39-19897; Docket No. FAA-2019-0978;
Product Identifier 2019-NM-163-AD.
(a) Effective Date
This AD is effective May 26, 2020.
(b) Affected ADs
This AD replaces AD 2017-05-12, Amendment 39-18823 (82 FR 13382,
March 13, 2017) (``AD 2017-05-12'').
(c) Applicability
This AD applies to the Airbus SAS airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2019-0196, dated August 14, 2019 (``EASA AD 2019-0196'').
(1) Model A318-112 airplanes.
(2) Model A319-111, -112, -115, -132, and -133 airplanes.
(3) Model A320-214, -216, -232, and -233 airplanes.
(4) Model A321-211, -212, -213, -231, and -232 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by a determination that aluminum alloy with
inadequate heat treatment was used for certain structural parts,
including additional structural parts not addressed in AD 2017-05-
12. The FAA is issuing this AD to address structural parts made of
aluminum alloy with inadequate heat treatment, 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) 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 2019-0196.
(h) Exceptions to EASA AD 2019-0196
(1) Where EASA AD 2019-0196 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0196 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].
(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 2017-05-12 are approved as
AMOCs for the corresponding provisions of EASA AD 2019-0196 that are
required by paragraph (g) of this AD.
(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 2019-0196 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
[[Page 21762]]
of this AD, RC procedures and tests must be done to comply with this
AD; any procedures or tests that are not identified as RC are
recommended. Those procedures and tests that are not identified as
RC may be deviated from using accepted methods in accordance with
the operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(j) Related Information
For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3223; 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.
(3) The following service information was approved for IBR on
May 26, 2020.
(i) European Union Aviation Safety Agency (EASA) AD 2019-0196,
dated August 14, 2019.
(ii) [Reserved]
(4) For information about EASA AD 2019-0196, 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.
(5) 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-
2019-0978.
(6) 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 April 7, 2020.
Ross Landes,
Deputy Director for Regulatory Operations,Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-08201 Filed 4-17-20; 8:45 am]
BILLING CODE 4910-13-P
