Airworthiness Directives; Airbus SAS Airplanes, 44453-44456 [2020-15882]
Download as PDF
<![CDATA[
44453
Rules and Regulations
Federal Register
Vol. 85, No. 142
Thursday, July 23, 2020
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0577; Product
Identifier 2020–NM–041–AD; Amendment
39–21159; AD 2020–14–05]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A319–111, –112,
–113, –114, –115, –131, –132, and –133
airplanes. This AD was prompted by an
analysis by the design approval holder
(DAH) that identified structural areas
that are susceptible to widespread
fatigue damage (WFD). Following this
analysis, the DAH determined that the
SATCOM antenna doubler installation
does not meet the extended service goal
(ESG) requirements. This AD requires
inspecting affected fastener holes of the
SATCOM antenna doubler for cracking,
and applicable corrective actions, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD becomes effective
August 7, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 7, 2020.
The FAA must receive comments on
this AD by September 8, 2020.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:55 Jul 22, 2020
Jkt 250001
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For the material identified in this AD
that is incorporated by reference (IBR),
contact the EASA, Konrad-AdenauerUfer 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,
Airworthiness Products Section,
Operational Safety 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–2020–
0577.
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–2020–
0577; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this AD, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3223; email
Sanjay.Ralhan@faa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Discussion
Fatigue damage can occur locally, in
small areas or structural design details,
or globally, in widespread areas.
Multiple-site damage is widespread
damage that occurs in a large structural
element such as a single rivet line of a
lap splice joining two large skin panels.
Widespread damage can also occur in
multiple elements such as adjacent
frames or stringers. Multiple-site
damage and multiple-element damage
cracks are typically too small initially to
be reliably detected with normal
inspection methods. Without
intervention, these cracks will grow,
and eventually compromise the
structural integrity of the airplane. This
condition is known as WFD. It is
associated with general degradation of
large areas of structure with similar
structural details and stress levels. As
an airplane ages, WFD will likely occur,
and will certainly occur if the airplane
is operated long enough without any
intervention.
An FAA final rule (‘‘Aging Airplane
Program: Widespread Fatigue Damage;’’
75 FR 69746, November 15, 2010)
became effective on January 14, 2011
and amended 14 CFR parts 25, 26, 121,
and 129 (commonly known as the WFD
rule). The WFD rule requires certain
actions to prevent structural failure due
to WFD throughout the operational life
of certain existing transport category
airplanes and all of these airplanes that
will be certificated in the future. Design
approval holders (DAHs) of existing and
future airplanes subject to the WFD rule
are required to establish a limit of
validity (LOV) of the engineering data
that support the structural maintenance
program. Operators affected by the WFD
rule may not fly an airplane beyond its
LOV, unless an extended LOV is
approved.
The WFD rule does not require
identifying and developing maintenance
actions if the DAHs can show that such
actions are not necessary to prevent
WFD before the airplane reaches the
LOV. Many LOVs, however, do depend
on accomplishment of future
maintenance actions. As stated in the
WFD rule, any maintenance actions
necessary to reach the LOV will be
mandated by airworthiness directives
through separate rulemaking actions.
In the context of WFD, this action is
necessary to enable DAHs to propose
LOVs that allow operators the longest
E:\FR\FM\23JYR1.SGM
23JYR1
44454
Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Rules and Regulations
operational lives for their airplanes, and
still ensure that WFD will not occur.
This approach allows for an
implementation strategy that provides
flexibility to DAHs in determining the
timing of service information
development (with FAA approval),
while providing operators with certainty
regarding the LOV applicable to their
airplanes.
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0052, dated March 10, 2020
(‘‘EASA AD 2020–0052’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A319–
111, –112, –113, –114, –115, –131, –132,
and –133 airplanes.
This AD was prompted by an analysis
by the DAH that identified structural
areas that are susceptible to WFD.
Following this analysis, the DAH
determined that the SATCOM antenna
doubler installation does not meet the
ESG requirements. The FAA is issuing
this AD to address this condition, which
could lead to crack initiation and
undetected propagation and consequent
reduced structural integrity of the
airplane. See the MCAI for additional
background information.
Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0052 describes
procedures for a special detailed
inspection (SDI) of the affected fastener
holes of the SATCOM antenna doubler
for cracking, and applicable corrective
actions. Corrective actions include
modifying fastener holes, installing a
new SATCOM antenna doubler, and
repairing cracking.
This material is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
FAA’s Determination
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
agency’s bilateral agreement with the
State of Design Authority, the FAA has
been notified of the unsafe condition
described in the MCAI referenced
above. The FAA is issuing this AD
because the FAA evaluated all pertinent
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2020–
0052, described previously, as
incorporated by reference, except for
any differences identified as exceptions
in the regulatory text of this AD,
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities (CAAs) to
use this process. As a result, EASA AD
2020–0052 is incorporated by reference
in this final rule. This AD, therefore,
requires compliance with EASA AD
2020–0052 in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this AD. Using
common terms that are the same as the
heading of a particular section in the
EASA AD does not mean that operators
need comply only with that section. For
example, where the AD requirement
refers to ‘‘all required actions and
compliance times,’’ compliance with
this AD requirement is not limited to
the section titled ‘‘Required Action(s)
and Compliance Time(s)’’ in the EASA
AD. Service information specified in
EASA AD 2020–0052 that is required for
compliance with EASA AD 2020–0052
is available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0577.
FAA’s Justification and Determination
of the Effective Date
Since there are currently no domestic
operators of these products, notice and
opportunity for public comment before
issuing this AD are unnecessary. In
addition, for the reasons stated above,
the FAA finds that good cause exists for
making this amendment effective in less
than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
the FAA did not precede it by notice
and opportunity for public comment.
The FAA invites you to send any
written relevant data, views, or
arguments about this AD. Send your
comments to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2020–0577; Product Identifier
2020–NM–041–AD’’ at the beginning of
your comments. The FAA specifically
invites comments on the overall
regulatory, economic, environmental,
and energy aspects of this AD. The FAA
will consider all comments received by
the closing date and may amend this AD
based on those comments.
The FAA will post all comments the
FAA receives, without change, to
https://www.regulations.gov, including
any personal information you provide.
The FAA will also post a report
summarizing each substantive verbal
contact the FAA receives about this AD.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.registered airplanes. If an affected
airplane is imported and placed on the
U.S. Register in the future, the FAA
provides the following cost estimates to
comply with this AD:
jbell on DSKJLSW7X2PROD with RULES
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
10 work-hours × $85 per hour = $850 ....................................................................................................................
$0
$850
The FAA estimates the following
costs to do any necessary on-condition
actions that would be required based on
VerDate Sep<11>2014
15:55 Jul 22, 2020
Jkt 250001
the results of any required actions. The
FAA has no way of determining the
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
number of aircraft that might need these
on-condition actions:
E:\FR\FM\23JYR1.SGM
23JYR1
44455
Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Rules and Regulations
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Up to 206 work-hours × $85 per hour = Up to $17,510 * .......................................................................
$11,300
Cost per
product
Up to $28,810.*
* Table does not include costs for the on-condition repair if cracking is found.
The FAA has received no definitive
data that would enable the agency to
provide cost estimates for the oncondition repair specified in this AD.
Authority for This Rulemaking
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
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
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2020–14–05 Airbus SAS: Amendment 39–
21159; Docket No. FAA–2020–0577;
Product Identifier 2020–NM–041–AD.
(a) Effective Date
This AD becomes effective August 7, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A319–111, –112, –113, –114, –115, –131,
–132, and –133 airplanes, certificated in any
category, as identified in European Union
Aviation Safety Agency (EASA) AD 2020–
0052, dated March 10, 2020 (‘‘EASA AD
2020–0052’’).
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation 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 Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (j) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@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, Large Aircraft Section,
International Validation 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
2020–0052 that contains RC procedures and
tests: Except as required by (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.
The FAA determined that this AD
will not have federalism implications
under Executive Order 13132. This AD
will not have a substantial direct effect
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
(e) Reason
This AD was prompted by an analysis by
the design approval holder (DAH) that
identified structural areas that are susceptible
to widespread fatigue damage (WFD).
Following this analysis, the DAH determined
that the SATCOM antenna doubler
installation does not meet the extended
service goal (ESG) requirements. The FAA is
issuing this AD to address this condition,
which could lead to crack initiation and
undetected propagation and consequent
reduced structural integrity of the airplane.
List of Subjects in 14 CFR Part 39
(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 2020–0052.
(j) Related Information
For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3223; email Sanjay.Ralhan@
faa.gov.
(h) Exceptions to EASA AD 2020–0052
(1) Where EASA AD 2020–0052 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0052 does not apply to this AD.
(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.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
jbell on DSKJLSW7X2PROD with RULES
PART 39—AIRWORTHINESS
DIRECTIVES
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
VerDate Sep<11>2014
15:55 Jul 22, 2020
Jkt 250001
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
E:\FR\FM\23JYR1.SGM
23JYR1
44456
Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Rules and Regulations
(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 2020–0052, dated March 10,
2020.
(ii) [Reserved]
(3) For information about EASA AD 2020–
0052, 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,
Airworthiness Products Section, Operational
Safety 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–2020–0577.
(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 July 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–15882 Filed 7–22–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0097; Product
Identifier 2019–NM–208–AD; Amendment
39–21157; AD 2020–14–03]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all The
Boeing Company Model 737–300, –400,
and –500 series airplanes. This AD was
prompted by a report that a crack
indication consistent with fatigue
cracking was found on the left nacelle
support overwing fitting flange fastener
hole during teardown of a Model 737–
300 series airplane. This AD requires a
general visual inspection of the strut to
wing diagonal brace at a certain location
for cracking. For certain airplanes, this
AD also requires an ultrasonic
inspection of the nacelle support
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:55 Jul 22, 2020
Jkt 250001
overwing fitting at certain fastener
locations for cracking. For certain other
airplanes, this AD requires a magnetic
check of the nacelle support overwing
fitting at a certain location to determine
the material composition. This AD
requires applicable on-condition
actions. The FAA is issuing this AD to
address the unsafe condition on these
products.
DATES: This AD is effective August 27,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 27, 2020.
ADDRESSES: For service information
identified in this final rule, contact
Boeing Commercial Airplanes,
Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC
110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet
https://www.myboeingfleet.com. You
may view this service information at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0097.
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–2020–
0097; 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,
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:
Wayne Ha, Aerospace Engineer,
Airframe Section, FAA, Los Angeles
ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5238; fax: 562–627–
5210; email: wayne.ha@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all The Boeing Company Model
737–300, –400, and –500 series
airplanes. The NPRM published in the
Federal Register on February 18, 2020
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
(85 FR 8776). The NPRM was prompted
by a report that a crack indication
consistent with fatigue cracking was
found on the left nacelle support
overwing fitting flange fastener hole
during teardown of a Model 737–300
series airplane. The NPRM proposed to
require a general visual inspection of
the strut to wing diagonal brace at a
certain location for cracking. For certain
airplanes, the NPRM also proposed to
require an ultrasonic inspection of the
nacelle support overwing fitting at
certain fastener locations for cracking.
For certain other airplanes, the NPRM
proposed to require a magnetic check of
the nacelle support overwing fitting at a
certain location to determine the
material composition. The NPRM also
proposed to require applicable oncondition actions.
The FAA is issuing this AD to address
the potential for undetected cracks in
the nacelle support overwing fittings or
strut to wing diagonal brace, which
could result in the inability of the
structure to carry limit load and could
adversely affect the structural integrity
of the airplane.
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
Bridget Powell, Herbert Dickens,
Terrance Tveit, and an anonymous
commenter expressed support for the
NPRM.
Effect of Winglets on Accomplishment
of the Proposed Actions
Aviation Partners Boeing stated that
accomplishing Supplemental Type
Certificate (STC) ST01219SE does not
affect the actions specified in the
proposed AD.
The FAA concurs with the
commenter. The FAA has redesignated
paragraph (c) of the proposed AD as
paragraph (c)(1) of this AD and added
paragraph (c)(2) to this AD to state that
installation of STC ST01219SE does not
affect the ability to accomplish the
actions required by this AD. Therefore,
for airplanes on which STC ST01219SE
is installed, a ‘‘change in product’’
alternative method of compliance
(AMOC) approval request is not
necessary to comply with the
requirements of 14 CFR 39.17.
E:\FR\FM\23JYR1.SGM
23JYR1
]]>Agencies
[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Rules and Regulations]
[Pages 44453-44456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15882]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Rules
and Regulations
[[Page 44453]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0577; Product Identifier 2020-NM-041-AD; Amendment
39-21159; AD 2020-14-05]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes. This AD was prompted by an analysis by the design
approval holder (DAH) that identified structural areas that are
susceptible to widespread fatigue damage (WFD). Following this
analysis, the DAH determined that the SATCOM antenna doubler
installation does not meet the extended service goal (ESG)
requirements. This AD requires inspecting affected fastener holes of
the SATCOM antenna doubler for cracking, and applicable corrective
actions, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD becomes effective August 7, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 7,
2020.
The FAA must receive comments on this AD by September 8, 2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For the material identified in this AD that is incorporated by
reference (IBR), 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, Airworthiness Products Section,
Operational Safety 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-2020-0577.
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-2020-
0577; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223;
email [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as WFD. It is associated with general
degradation of large areas of structure with similar structural details
and stress levels. As an airplane ages, WFD will likely occur, and will
certainly occur if the airplane is operated long enough without any
intervention.
An FAA final rule (``Aging Airplane Program: Widespread Fatigue
Damage;'' 75 FR 69746, November 15, 2010) became effective on January
14, 2011 and amended 14 CFR parts 25, 26, 121, and 129 (commonly known
as the WFD rule). The WFD rule requires certain actions to prevent
structural failure due to WFD throughout the operational life of
certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. Design approval
holders (DAHs) of existing and future airplanes subject to the WFD rule
are required to establish a limit of validity (LOV) of the engineering
data that support the structural maintenance program. Operators
affected by the WFD rule may not fly an airplane beyond its LOV, unless
an extended LOV is approved.
The WFD rule does not require identifying and developing
maintenance actions if the DAHs can show that such actions are not
necessary to prevent WFD before the airplane reaches the LOV. Many
LOVs, however, do depend on accomplishment of future maintenance
actions. As stated in the WFD rule, any maintenance actions necessary
to reach the LOV will be mandated by airworthiness directives through
separate rulemaking actions.
In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest
[[Page 44454]]
operational lives for their airplanes, and still ensure that WFD will
not occur. This approach allows for an implementation strategy that
provides flexibility to DAHs in determining the timing of service
information development (with FAA approval), while providing operators
with certainty regarding the LOV applicable to their airplanes.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0052, dated March 10, 2020
(``EASA AD 2020-0052'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A319-111, -112, -113, -114, -
115, -131, -132, and -133 airplanes.
This AD was prompted by an analysis by the DAH that identified
structural areas that are susceptible to WFD. Following this analysis,
the DAH determined that the SATCOM antenna doubler installation does
not meet the ESG requirements. The FAA is issuing this AD to address
this condition, which could lead to crack initiation and undetected
propagation and consequent reduced structural integrity of the
airplane. See the MCAI for additional background information.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0052 describes procedures for a special detailed
inspection (SDI) of the affected fastener holes of the SATCOM antenna
doubler for cracking, and applicable corrective actions. Corrective
actions include modifying fastener holes, installing a new SATCOM
antenna doubler, and repairing cracking.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the agency's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the FAA evaluated
all pertinent information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2020-0052, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD,
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0052
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2020-0052 in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Using common terms that are the same
as the heading of a particular section in the EASA AD does not mean
that operators need comply only with that section. For example, where
the AD requirement refers to ``all required actions and compliance
times,'' compliance with this AD requirement is not limited to the
section titled ``Required Action(s) and Compliance Time(s)'' in the
EASA AD. Service information specified in EASA AD 2020-0052 that is
required for compliance with EASA AD 2020-0052 is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0577.
FAA's Justification and Determination of the Effective Date
Since there are currently no domestic operators of these products,
notice and opportunity for public comment before issuing this AD are
unnecessary. In addition, for the reasons stated above, the FAA finds
that good cause exists for making this amendment effective in less than
30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0577;
Product Identifier 2020-NM-041-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. The FAA will
consider all comments received by the closing date and may amend this
AD based on those comments.
The FAA will post all comments the FAA receives, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives about this AD.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
10 work-hours x $85 per hour = $850... $0 $850
------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
[[Page 44455]]
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
Up to 206 work-hours x $85 per $11,300 Up to $28,810.*
hour = Up to $17,510 *.
------------------------------------------------------------------------
* Table does not include costs for the on-condition repair if cracking
is found.
The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition repair specified
in this AD.
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
The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
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):
2020-14-05 Airbus SAS: Amendment 39-21159; Docket No. FAA-2020-0577;
Product Identifier 2020-NM-041-AD.
(a) Effective Date
This AD becomes effective August 7, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A319-111, -112, -113, -114,
-115, -131, -132, and -133 airplanes, certificated in any category,
as identified in European Union Aviation Safety Agency (EASA) AD
2020-0052, dated March 10, 2020 (``EASA AD 2020-0052'').
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by an analysis by the design approval
holder (DAH) that identified structural areas that are susceptible
to widespread fatigue damage (WFD). Following this analysis, the DAH
determined that the SATCOM antenna doubler installation does not
meet the extended service goal (ESG) requirements. The FAA is
issuing this AD to address this condition, which could lead to crack
initiation and undetected propagation and consequent 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 2020-0052.
(h) Exceptions to EASA AD 2020-0052
(1) Where EASA AD 2020-0052 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0052 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,
Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation
Branch, 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, Large Aircraft
Section, International Validation 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 2020-0052 that contains RC procedures and
tests: Except as required by (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, Large Aircraft Section, International Validation
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.
[[Page 44456]]
(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 2020-0052,
dated March 10, 2020.
(ii) [Reserved]
(3) For information about EASA AD 2020-0052, 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, Airworthiness
Products Section, Operational Safety 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-2020-0577.
(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 July 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-15882 Filed 7-22-20; 8:45 am]
BILLING CODE 4910-13-P
