Airworthiness Directives; Airbus SAS Airplanes, 21759-21762 [2020-08201]

Download as PDF 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’’). jbell on DSKJLSW7X2PROD with RULES (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. VerDate Sep<11>2014 16:11 Apr 17, 2020 Jkt 250001 (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. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 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: E:\FR\FM\20APR1.SGM 20APR1 21760 Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Rules and Regulations 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. jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 16:11 Apr 17, 2020 Jkt 250001 (‘‘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– PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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: E:\FR\FM\20APR1.SGM 20APR1 Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Rules and Regulations 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 VerDate Sep<11>2014 16:11 Apr 17, 2020 Jkt 250001 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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. jbell on DSKJLSW7X2PROD with RULES 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) E:\FR\FM\20APR1.SGM 20APR1 21762 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 jbell on DSKJLSW7X2PROD with RULES (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 Frm 00024 Fmt 4700 Sfmt 4700 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]


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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