Airworthiness Directives; Airbus SAS Airplanes, 47013-47016 [2020-16892]
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47013
Rules and Regulations
Federal Register
Vol. 85, No. 150
Tuesday, August 4, 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–2020–0672; Project
Identifier MCAI–2020–01008–T; Amendment
39–21185; AD 2020–16–01]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A318, A319, A320,
and A321 series airplanes. This AD was
prompted by reports of low halon
concentration in the forward and aft
cargo compartments due to air leakage
through cargo door seals. This AD
requires repetitive cleaning and greasing
of affected cargo door seals, 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 19, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 19, 2020.
The FAA must receive comments on
this AD by September 18, 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
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SUMMARY:
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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 material incorporated by reference
(IBR) in this AD, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; 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–
0672.
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–
0672; 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:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0133, dated June 10, 2020 (‘‘EASA
AD 2020–0133’’) (also referred to as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Airbus SAS
Model A318–111, –112, –121, and –122;
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A319–111, –112, –113, –114, –115,
–131, –132, –133, –151N, –153N, and
–171N; A320–211, –212, –214, –215,
–216, –231, –232, –233, –251N, –252N,
–253N, –271N, –272N, and –273N; and
A321–111, –112, –131, –211, –212,
–213, –231, –232, –251N, –252N,
–253N, –271N, –272N, –251NX,
–252NX, –253NX, –271NX, and –272NX
airplanes. Model A320–215 airplanes
are not certificated by the FAA and are
not included on the U.S. type certificate
data sheet; this AD therefore does not
include those airplanes in the
applicability.
This AD was prompted by reports of
low halon concentration in the forward
and aft cargo compartments due to air
leakage through cargo door seals. The
FAA is issuing this AD to address low
halon concentration. This condition, if
not corrected, could affect the fire
extinguishing system efficiency in the
cargo compartments, possibly resulting
in failure of the system to contain a
cargo compartment fire. See the MCAI
for additional background information.
Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0133 describes
procedures for repetitive cleaning and
greasing of affected cargo door seals.
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 our
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–
0133, described previously, as
incorporated by reference, except for
any differences identified as exceptions
in the regulatory text of this AD and
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Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Rules and Regulations
discussed under ‘‘Differences Between
this AD and the MCAI.’’
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
2020–0133 is incorporated by reference
in this final rule. This AD, therefore,
requires compliance with EASA AD
2020–0133 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 2020–0133 that is required for
compliance with EASA AD 2020–0133
is available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0672.
FAA’s Justification and Determination
of the Effective Date
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies waiving notice
and comment prior to adoption of this
rule because the fire extinguishing
system efficiency in the forward and aft
cargo compartments is adversely
affected due to air leakage through cargo
door seals. This condition, if not
corrected, may result in failure of the
fire extinguishing system to contain a
cargo compartment fire. In addition, the
compliance time for the required action
is shorter than the time necessary for the
public to comment and for publication
of the final rule. Therefore, the FAA
finds good cause that notice and
opportunity for prior public comment
are impracticable. In addition, for the
reasons stated above, the FAA finds that
good cause exists for making this
amendment effective in less than 30
days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
the FAA did not precede it by notice
and opportunity for public comment.
The FAA invites you to send any
written relevant data, views, or
arguments about this AD. Send your
comments to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2020–0672; Project Identifier
MCAI–2020–01008–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this AD based on
those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, 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.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this final rule,
request for comments, contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this
final rule, request for comments, it is
important that you clearly designate the
submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this AD. Submissions containing CBI
should be sent to person identified in
the FOR FURTHER INFORMATION CONTACT
section. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Differences Between This AD and the
MCAI
EASA AD 2020–0133 defines
‘‘affected parts’’ as those having certain
part numbers, but this AD defines
‘‘affected parts’’ as those specified in
EASA AD 2020–0133 and forward and
aft cargo door seals part number
D5237106020400S, approved under
PMA PQ1715CE. The FAA has
determined that the part number
approved under PMA PQ1715CE is also
affected by the unsafe condition. This
difference has been coordinated with
EASA and EASA has indicated they
may revise EASA AD 2020–0133 to
include this part number.
Interim Action
The FAA considers this AD interim
action. If final action is later identified,
the agency might consider further
rulemaking then.
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
The FAA estimates that this AD
affects 1,630 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
1 work-hour × $85 per hour = $85 ..............................................................................................
$0
$85
$138,550
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
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rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
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Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
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Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Rules and Regulations
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
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 adding
the following new airworthiness
directive (AD):
■
2020–16–01 Airbus SAS: Amendment 39–
21185; Docket No. FAA–2020–0672;
Project Identifier MCAI–2020–01008–T.
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(a) Effective Date
This AD becomes effective August 19,
2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS
airplanes specified in paragraphs (c)(1)
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through (4) of this AD, certificated in any
category.
(1) Model A318–111, –112, –121, and –122
airplanes.
(2) Model A319–111, –112, –113, –114,
–115, –131, –132, –133, –151N, –153N, and
–171N airplanes.
(3) Model A320–211, –212, –214, –216,
–231, –232, –233, –251N, –252N, –253N,
–271N, –272N, and –273N airplanes.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, –232, –251N, –252N,
–253N, –271N, –272N, –251NX, –252NX,
–253NX, –271NX, and –272NX airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 26, Fire protection.
(e) Reason
This AD was prompted by reports of low
halon concentration in the forward and aft
cargo compartments due to air leakage
through cargo door seals. The FAA is issuing
this AD to address low halon concentration.
This condition, if not corrected, could affect
the fire extinguishing system efficiency in the
cargo compartments, possibly resulting in
failure of the system to contain a cargo
compartment fire.
(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, European Union Aviation
Safety Agency (EASA) AD 2020–0133, dated
June 10, 2020 (‘‘EASA AD 2020–0133’’).
(h) Exceptions to EASA AD 2020–0133
(1) Where EASA AD 2020–0133 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0133 does not apply to this AD.
(3) Where EASA AD 2020–0133 defines
‘‘affected parts’’ as those having certain part
numbers, for this AD ‘‘affected parts’’ are
those specified in EASA AD 2020–0133 and
forward and aft cargo door seals part number
D5237106020400S, approved under PMA
PQ1715CE.
(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
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47015
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
2020–0133 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(j) Related Information
For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
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.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2020–0133, dated June 10, 2020.
(ii) [Reserved]
(3) For information about EASA AD 2020–
0133, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; 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–2020–0672.
(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
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Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Rules and Regulations
fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Administration, 1701 Columbia Ave,
College Park, GA 30337; telephone (404)
305–6364.
SUPPLEMENTARY INFORMATION:
Issued on July 20, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2020–0277; Airspace
Docket No. 20–AEA–5]
RIN 2120–AA66
Amendment of Class E Airspace;
Pottsville, PA
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action removes Class E
airspace extending upward from 700
feet above the surface at Schuylkill
County/Joe Zerbey Airport, Pottsville,
PA due to the extension of runway 11.
This action also updates the geographic
coordinates of the airport, and
Schuylkill Medical Center Heliport
(formerly Pottsville Hospital).
Controlled airspace is necessary for the
safety and management of instrument
flight rules (IFR) operations in the area.
DATES: Effective 0901 UTC, November 5,
2020. The Director of the Federal
Register approves this incorporation by
reference action under Title 1 Code of
Federal Regulations part 51, subject to
the annual revision of FAA Order
7400.11 and publication of conforming
amendments.
ADDRESSES: FAA Order 7400.11D,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed on line at https://
www.faa.gov/air_traffic/publications/.
For further information, you can contact
the Airspace Policy Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of FAA
Order 7400.11D at NARA, email
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT: John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
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SUMMARY:
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The FAA’s authority to issue rule
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it amends
Class E airspace at Schuylkill County/
Joe Zerbey Airport, Pottsville, PA, to
support IFR operations in the area.
This amendment to Title 14 Code of
Federal Regulations (14 CFR) part 71
amends Class E airspace extending
upward from 700 feet above the surface
at Schuylkill County/Joe Zerbey Airport,
Pottsville, PA, from a 6.8-mile radius to
a 7-mile radius, due to the extension of
runway 11. Also, the geographic
coordinates of the airport, and the name
and geographic coordinates of
Schuylkill Medical Center Heliport, are
updated to coincide with the FAA’s
aeronautical database. These changes
are necessary for continued safety and
management of IFR operations in the
area. Subsequent to publication of the
NPRM, the FAA found the airport name
(Schuylkill County/Joe Zerbey Airport)
required modification. This action
makes the correction.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
History
Regulatory Notices and Analyses
The FAA published a notice of prosed
rulemaking in the Federal Register (85
FR 33587, June 2, 2020) for Docket No.
FAA–2020–0277 to amend Class E
airspace extending upward from 700
feet above the surface at Schuylkill
County/Joe Zerbey Airport, Pottsville,
PA from a 6.8-mile radius to a 7-mile
radius. In addition, the FAA proposes to
update the airport’s geographic
coordinates, and the name and
geographic coordinates of Schuylkill
Medical Center Heliport, to coincide
with the FAA’s aeronautical database.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal to the FAA. No comments
were received.
Class E airspace designations are
published in Paragraph 6005, of FAA
Order 7400.11D, dated August 8, 2019,
and effective September 15, 2019, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures an air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Authority for This Rulemaking
[FR Doc. 2020–16892 Filed 8–3–20; 8:45 am]
The Rule
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019,
and effective September 15, 2019. FAA
Order 7400.11D is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas,
air traffic routes, and reporting points.
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Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
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]]>Agencies
[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Rules and Regulations]
[Pages 47013-47016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16892]
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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.
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Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Rules
and Regulations
[[Page 47013]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0672; Project Identifier MCAI-2020-01008-T;
Amendment 39-21185; AD 2020-16-01]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A318, A319, A320, and A321 series airplanes. This AD
was prompted by reports of low halon concentration in the forward and
aft cargo compartments due to air leakage through cargo door seals.
This AD requires repetitive cleaning and greasing of affected cargo
door seals, 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 19, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 19,
2020.
The FAA must receive comments on this AD by September 18, 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 material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 8999 000; 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-2020-0672.
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-
0672; 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
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0133, dated June 10, 2020
(``EASA AD 2020-0133'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A318-111, -112, -121, and -122;
A319-111, -112, -113, -114, -115, -131, -132, -133, -151N, -153N, and -
171N; A320-211, -212, -214, -215, -216, -231, -232, -233, -251N, -252N,
-253N, -271N, -272N, and -273N; and A321-111, -112, -131, -211, -212, -
213, -231, -232, -251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -
253NX, -271NX, and -272NX airplanes. Model A320-215 airplanes are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this AD therefore does not include those
airplanes in the applicability.
This AD was prompted by reports of low halon concentration in the
forward and aft cargo compartments due to air leakage through cargo
door seals. The FAA is issuing this AD to address low halon
concentration. This condition, if not corrected, could affect the fire
extinguishing system efficiency in the cargo compartments, possibly
resulting in failure of the system to contain a cargo compartment fire.
See the MCAI for additional background information.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0133 describes procedures for repetitive cleaning and
greasing of affected cargo door seals.
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 our 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
2020-0133, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD and
[[Page 47014]]
discussed under ``Differences Between this AD and the MCAI.''
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 2020-0133
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2020-0133 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 2020-0133 that is
required for compliance with EASA AD 2020-0133 is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0672.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because the fire extinguishing system efficiency in the forward and aft
cargo compartments is adversely affected due to air leakage through
cargo door seals. This condition, if not corrected, may result in
failure of the fire extinguishing system to contain a cargo compartment
fire. In addition, the compliance time for the required action is
shorter than the time necessary for the public to comment and for
publication of the final rule. Therefore, the FAA finds good cause that
notice and opportunity for prior public comment are impracticable. In
addition, for the reasons stated above, the FAA finds that good cause
exists for making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0672;
Project Identifier MCAI-2020-01008-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data. The FAA will consider all comments received by the
closing date and may amend this AD based on those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, 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.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this final rule, request for
comments, contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this final rule, request for
comments, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to person
identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Differences Between This AD and the MCAI
EASA AD 2020-0133 defines ``affected parts'' as those having
certain part numbers, but this AD defines ``affected parts'' as those
specified in EASA AD 2020-0133 and forward and aft cargo door seals
part number D5237106020400S, approved under PMA PQ1715CE. The FAA has
determined that the part number approved under PMA PQ1715CE is also
affected by the unsafe condition. This difference has been coordinated
with EASA and EASA has indicated they may revise EASA AD 2020-0133 to
include this part number.
Interim Action
The FAA considers this AD interim action. If final action is later
identified, the agency might consider further rulemaking then.
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
The FAA estimates that this AD affects 1,630 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
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1 work-hour x $85 per hour = $85............................. $0 $85 $138,550
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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.
[[Page 47015]]
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):
2020-16-01 Airbus SAS: Amendment 39-21185; Docket No. FAA-2020-0672;
Project Identifier MCAI-2020-01008-T.
(a) Effective Date
This AD becomes effective August 19, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes specified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category.
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX,
and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 26, Fire
protection.
(e) Reason
This AD was prompted by reports of low halon concentration in
the forward and aft cargo compartments due to air leakage through
cargo door seals. The FAA is issuing this AD to address low halon
concentration. This condition, if not corrected, could affect the
fire extinguishing system efficiency in the cargo compartments,
possibly resulting in failure of the system to contain a cargo
compartment fire.
(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, European Union Aviation Safety Agency (EASA) AD
2020-0133, dated June 10, 2020 (``EASA AD 2020-0133'').
(h) Exceptions to EASA AD 2020-0133
(1) Where EASA AD 2020-0133 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0133 does not apply
to this AD.
(3) Where EASA AD 2020-0133 defines ``affected parts'' as those
having certain part numbers, for this AD ``affected parts'' are
those specified in EASA AD 2020-0133 and forward and aft cargo door
seals part number D5237106020400S, approved under PMA PQ1715CE.
(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 2020-0133 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(j) Related Information
For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, 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.
(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 2020-0133,
dated June 10, 2020.
(ii) [Reserved]
(3) For information about EASA AD 2020-0133, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; 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-2020-0672.
(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
[[Page 47016]]
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on July 20, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-16892 Filed 8-3-20; 8:45 am]
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