Airworthiness Directives; Airbus SAS Airplanes, 54893-54896 [2020-19401]
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Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A350–941 and –1041 airplanes, certificated
in any category, as identified in European
Union Aviation Safety Agency (EASA) AD
2020–0070, dated March 24, 2020 (‘‘EASA
AD 2020–0070’’).
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/Furnishings.
(e) Reason
This AD was prompted by the results of
laboratory tests on non-rechargeable lithium
batteries installed in certain emergency
locator transmitters (ELTs), which
highlighted a lack of protection against
current injections of 28 volts direct current
(DC) or 115 volts alternating current (AC) that
could lead to thermal runaway and a battery
fire. The FAA is issuing this AD to address
local fires in non-rechargeable lithium
batteries installed in ELTs, which could
result in damage to the airplane and injury
to occupants.
(j) Related Information
(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 2020–0070.
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(h) Exceptions to EASA AD 2020–0070
(1) Where EASA AD 2020–0070 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0070 does not apply to this AD.
(3) Where the service information specified
in EASA AD 2020–0070 specifies to use tape
having part number ASNA51072503, this AD
requires using any brightly colored 1-inch
tape that meets the criteria specified in the
ASNA5107 standard.
(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.
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(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
2020–0070 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.
For more information about this AD,
contact Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
telephone and fax 206–231–3218; email
kathleen.arrigotti@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 2020–0070, dated March 24,
2020.
(ii) [Reserved]
(3) For information about EASA AD 2020–
0070, 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–2020–0.
(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.
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54893
Issued on August 19, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–19402 Filed 9–2–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0332; Product
Identifier 2020–NM–037–AD; Amendment
39–21227; AD 2020–18–06]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A318 series
airplanes; Model A319–111, –112, –113,
–114, –115, –131, –132, and –133
airplanes; Model A320–211, –212, –214,
–216, –231, –232, and –233 airplanes;
and Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
This AD was prompted by a report that
cracks were detected on the left-hand
(LH) and right-hand (RH) sides of the
first rivet hole of the frame (FR) 43 foot
coupling during scheduled
maintenance. This AD requires a
rotating probe test of the fastener holes
at FR43 on the LH and RH sides for any
cracking, and on-condition actions if
necessary, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective October 8,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 8, 2020.
ADDRESSES: 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
SUMMARY:
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Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations
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–
0332.
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–
0332; 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:
Sanjay Ralhan, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3223; email
Sanjay.Ralhan@faa.gov.
SUPPLEMENTARY INFORMATION:
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Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0037, dated February 27, 2020;
corrected February 28, 2020 (‘‘EASA AD
2020–0037’’) (also referred to as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for certain Airbus
SAS Model A318 series airplanes;
Model A319–111, –112, –113, –114,
–115, –131, –132, and –133 airplanes;
Model A320–211, –212, –214, –215,
–216, –231, –232, and –233 airplanes;
and Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 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.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Airbus SAS Model
A318 series airplanes; Model A319–111,
–112, –113, –114, –115, –131, –132, and
–133 airplanes; Model A320–211, –212,
–214, –216, –231, –232, and –233
airplanes; and Model A321–111, –112,
–131, –211, –212, –213, –231, and –232
airplanes. The NPRM published in the
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15:53 Sep 02, 2020
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Federal Register on April 17, 2020 (85
FR 21334). The NPRM was prompted by
a report that cracks were detected on the
LH and RH sides of the first rivet hole
of the FR43 foot coupling during
scheduled maintenance. The NPRM
proposed to require a rotating probe test
of the fastener holes at FR43 on the LH
and RH sides for any cracking, and oncondition actions if necessary, as
specified in an EASA AD.
The FAA is issuing this AD to address
cracking in the foot coupling, which
could affect the structural integrity of
the airplane. See the MCAI for
additional background information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comments received on the NPRM
and the FAA’s response to each
comment.
Support for the NPRM
Olivia Lawless stated support for the
NPRM.
Request for Operator Training
Olivia Lawless requested that training
for operators should be implemented, or
at least explored. The commenter stated
concern about the implications that may
result from requiring ‘‘on-condition
actions including a high frequency eddy
current (rototest) inspection for cracks
of the affected fastener holes,
modification, and repair.’’ The
commenter noted that the NPRM
suggests that the materials are available
through the parties’ normal course of
business, however, it would be unlikely
that employees would know how to
perform these tests, or how to determine
when on-condition actions occur
without significant amounts of training.
The FAA agrees to clarify. The service
information needed to comply with the
required actions will be available in the
AD docket. That service information
contains detailed instructions for
operators and their employees to follow.
In addition, the FAA notes that it is the
operators’ responsibility to have
adequate tools and provide adequate
training for its employees to accomplish
the required actions in an AD. The FAA
has not changed this AD in this regard.
Request To Revise the Compliance
Time
Delta Airlines (DAL) requested that
the compliance time be limited to flight
cycles and not flight hours. DAL stated
that Airbus Service Bulletin A320–53–
1269, Revision 02, dated February 7,
2019, specifies that the cracks which
prompted the development of
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modification 153126 and modification
153742, were identified as a part of the
full scale fatigue test campaign. DAL
commented that because the failure
mode is fatigue driven, there is no
reason to include a compliance time
requirement based upon flight hours.
The FAA disagrees with the
commenter’s request. The requirements
in this AD align with the requirements
specified in EASA AD 2020–0037,
which include compliance times in both
flight hours and flight cycles. In
addition, the FAA notes that the
commenter did not submit any
substantiating data to support using
only a flight cycle requirement.
However, under the provisions of
paragraph (j)(1) of this AD, the FAA will
consider requests for approval of a
revision to the compliance time if
sufficient data are submitted to
substantiate that the change would
provide an acceptable level of safety.
The FAA has not changed this AD in
this regard.
Request To Use an Alternate Chemical
Corrosion Surface Pretreatment
DAL requested the use of CML
10ABE1 as a more appropriate choice of
a chemical corrosion surface
pretreatment. DAL stated that after the
cold expansion is completed using
Airbus Structural Repair Manual (SRM)
51–48–00, but prior to the installation of
the new fastener, Airbus Service
Bulletin A320–53–1270, Revision 02,
dated April 11, 2014, specifies an
application of chemical conversion
surface pretreatment CML 10ABC1,
which is intended for use in fuel tank
applications.
The FAA disagrees with the
commenter’s request. The FAA has not
received any information from either the
state of design, EASA, or Airbus
allowing alternate CML 10ABE1. CML
10ABC1 is a suitable pretreatment
product that meets the requirements of
this AD and addresses the identified
unsafe condition. However, under the
provisions of paragraph (j)(1) of this AD,
the FAA will consider requests for
approval of application of alternative
chemical corrosion surface pretreatment
products if sufficient data are submitted
to substantiate that the change would
provide an acceptable level of safety.
The FAA has not changed this AD in
this regard.
Request To Add an Exception to the
NPRM
DAL requested that the application of
corrosion inhibiting compounds (CICs)
be added to paragraph (h) of the
proposed AD, ‘‘Exceptions to EASA AD
2020–0037,’’ and not be a requirement
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Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations
for AD compliance. DAL stated that
paragraph 3.C.(4)(c) of the
Accomplishment Instructions of Airbus
Service Bulletin A320–53–1270,
Revision 02, dated April 11, 2014,
requires that corrosion preventative
compound CML 12ADB1 be applied to
the cold worked area. DAL commented
that each operator has a corrosion
prevention and control program (CPCP)
to control corrosion and may revise CIC
products as necessary. DAL also
commented that requiring the
application of CML 12ADB1 within the
required for compliance paragraph is
problematic in maintaining perpetual
compliance with the NPRM if a CPCP
maintenance program task is applicable
to the same area.
The FAA disagrees with the
commenter’s request. Since this AD
affects multiple operators, and the FAA
is not aware of the details of CIC
compounds used as an inherent part of
each operator’s CPCP maintenance task,
it is not practical for the FAA to revise
this AD based on DAL’s unique
maintenance program. If DAL intends to
use an approved substitution of the CIC
that is not included in the SRM as an
alternate to the CIC required by this AD,
then DAL may request an alternative
method of compliance (AMOC) under
the provisions of paragraph (j)(1) of this
AD. The FAA has not changed this AD
regarding this issue.
Conclusion
The FAA reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this
final rule as proposed, except for minor
editorial changes. The FAA has
determined that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0037 describes
procedures for a rotating probe test
(special detailed inspection) of the
fastener holes at FR43 on the LH and RH
sides for any cracking, and on-condition
actions including a high frequency eddy
current (rototest) inspection for cracks
of the affected fastener holes,
modification, and repair.
This material is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD
affects 867 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
9 work-hours × $85 per hour = $765 ..........................................................................................
The FAA estimates the following
costs to do any necessary on-condition
actions that would be required based on
Cost per
product
Parts cost
the results of any required actions. The
FAA has no way of determining the
$0
Cost on U.S.
operators
$765
$663,255
number of aircraft that might need these
on-condition actions:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
22 work-hours × $85 per hour = $1,870 .................................................................................................................
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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.
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
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15:53 Sep 02, 2020
Jkt 250001
Cost per
product
$338
$2,208
develop on products identified in this
rulemaking action.
under the criteria of the Regulatory
Flexibility Act.
Regulatory Findings
List of Subjects in 14 CFR Part 39
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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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.
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54896
§ 39.13
Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2020–18–06 Airbus SAS: Amendment 39–
21227; Docket No. FAA–2020–0332;
Product Identifier 2020–NM–037–AD.
(a) Effective Date
This AD is effective October 8, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
airplanes specified in paragraphs (c)(1)
through (4) of this AD, certificated in any
category, as identified in European Union
Aviation Safety Agency (EASA) AD 2020–
0037, dated February 27, 2020; corrected
February 28, 2020 (‘‘EASA AD 2020–0037’’).
(1) Model A318–111, –112, –121, and –122
airplanes.
(2) Model A319–111, –112, –113, –114,
–115, –131, –132, and –133 airplanes.
(3) Model A320–211, –212, –214, –216,
–231, –232, and –233 airplanes.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Reason
This AD was prompted by a report that
cracks were detected on the left- and righthand sides of the first rivet hole of the frame
(FR) 43 foot coupling during scheduled
maintenance. The FAA is issuing this AD to
address cracking in the foot coupling, which
could affect the 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 2020–0037.
(h) Exceptions to EASA AD 2020–0037
(1) Where EASA AD 2020–0037 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0037 does not apply to this AD.
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(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2020–0037 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) 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,
VerDate Sep<11>2014
15:53 Sep 02, 2020
Jkt 250001
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 (k) 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
2020–0037 that contains RC procedures and
tests: Except as required by paragraph (j)(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.
(k) Related Information
For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3223; email Sanjay.Ralhan@faa.gov.
(l) 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 2020–0037, dated February 27,
2020; corrected February 28, 2020.
(ii) [Reserved]
(3) For information about EASA AD 2020–
0037, 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
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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–2020–0332.
(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 August 20, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–19401 Filed 9–2–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0783; Project
Identifier MCAI–2020–01026–T; Amendment
39–21225; AD 2020–18–04]
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 A350–941 and –1041
airplanes. This AD was prompted by a
report of a slat system jam during
landing. This AD requires a one-time
health check of the slat power control
unit (PCU) torque sensing unit (TSU) for
discrepancies, and corrective actions if
necessary; a detailed inspection of the
left-hand (LH) and right-hand (RH) slat
transmission systems for discrepancies,
and corrective actions if necessary; and
LH and RH track 12 slat gear rotary
actuator (SGRA) water drainage and
vent plug cleaning (which includes an
inspection for moisture), 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
September 18, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 18, 2020.
The FAA must receive comments on
this AD by October 19, 2020.
SUMMARY:
E:\FR\FM\03SER1.SGM
03SER1
]]>Agencies
[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Rules and Regulations]
[Pages 54893-54896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19401]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0332; Product Identifier 2020-NM-037-AD; Amendment
39-21227; AD 2020-18-06]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A318 series airplanes; Model A319-111, -112, -
113, -114, -115, -131, -132, and -133 airplanes; Model A320-211, -212,
-214, -216, -231, -232, and -233 airplanes; and Model A321-111, -112, -
131, -211, -212, -213, -231, and -232 airplanes. This AD was prompted
by a report that cracks were detected on the left-hand (LH) and right-
hand (RH) sides of the first rivet hole of the frame (FR) 43 foot
coupling during scheduled maintenance. This AD requires a rotating
probe test of the fastener holes at FR43 on the LH and RH sides for any
cracking, and on-condition actions if necessary, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective October 8, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 8,
2020.
ADDRESSES: 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
[[Page 54894]]
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-2020-0332.
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-
0332; 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: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223; email
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0037, dated February 27, 2020;
corrected February 28, 2020 (``EASA AD 2020-0037'') (also referred to
as the Mandatory Continuing Airworthiness Information, or ``the
MCAI''), to correct an unsafe condition for certain Airbus SAS Model
A318 series airplanes; Model A319-111, -112, -113, -114, -115, -131, -
132, and -133 airplanes; Model A320-211, -212, -214, -215, -216, -231,
-232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 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.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A318 series airplanes; Model A319-111, -112, -113, -114, -115, -
131, -132, and -133 airplanes; Model A320-211, -212, -214, -216, -231,
-232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes. The NPRM published in the Federal
Register on April 17, 2020 (85 FR 21334). The NPRM was prompted by a
report that cracks were detected on the LH and RH sides of the first
rivet hole of the FR43 foot coupling during scheduled maintenance. The
NPRM proposed to require a rotating probe test of the fastener holes at
FR43 on the LH and RH sides for any cracking, and on-condition actions
if necessary, as specified in an EASA AD.
The FAA is issuing this AD to address cracking in the foot
coupling, which could affect the structural integrity of the airplane.
See the MCAI for additional background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.
Support for the NPRM
Olivia Lawless stated support for the NPRM.
Request for Operator Training
Olivia Lawless requested that training for operators should be
implemented, or at least explored. The commenter stated concern about
the implications that may result from requiring ``on-condition actions
including a high frequency eddy current (rototest) inspection for
cracks of the affected fastener holes, modification, and repair.'' The
commenter noted that the NPRM suggests that the materials are available
through the parties' normal course of business, however, it would be
unlikely that employees would know how to perform these tests, or how
to determine when on-condition actions occur without significant
amounts of training.
The FAA agrees to clarify. The service information needed to comply
with the required actions will be available in the AD docket. That
service information contains detailed instructions for operators and
their employees to follow. In addition, the FAA notes that it is the
operators' responsibility to have adequate tools and provide adequate
training for its employees to accomplish the required actions in an AD.
The FAA has not changed this AD in this regard.
Request To Revise the Compliance Time
Delta Airlines (DAL) requested that the compliance time be limited
to flight cycles and not flight hours. DAL stated that Airbus Service
Bulletin A320-53-1269, Revision 02, dated February 7, 2019, specifies
that the cracks which prompted the development of modification 153126
and modification 153742, were identified as a part of the full scale
fatigue test campaign. DAL commented that because the failure mode is
fatigue driven, there is no reason to include a compliance time
requirement based upon flight hours.
The FAA disagrees with the commenter's request. The requirements in
this AD align with the requirements specified in EASA AD 2020-0037,
which include compliance times in both flight hours and flight cycles.
In addition, the FAA notes that the commenter did not submit any
substantiating data to support using only a flight cycle requirement.
However, under the provisions of paragraph (j)(1) of this AD, the FAA
will consider requests for approval of a revision to the compliance
time if sufficient data are submitted to substantiate that the change
would provide an acceptable level of safety. The FAA has not changed
this AD in this regard.
Request To Use an Alternate Chemical Corrosion Surface Pretreatment
DAL requested the use of CML 10ABE1 as a more appropriate choice of
a chemical corrosion surface pretreatment. DAL stated that after the
cold expansion is completed using Airbus Structural Repair Manual (SRM)
51-48-00, but prior to the installation of the new fastener, Airbus
Service Bulletin A320-53-1270, Revision 02, dated April 11, 2014,
specifies an application of chemical conversion surface pretreatment
CML 10ABC1, which is intended for use in fuel tank applications.
The FAA disagrees with the commenter's request. The FAA has not
received any information from either the state of design, EASA, or
Airbus allowing alternate CML 10ABE1. CML 10ABC1 is a suitable
pretreatment product that meets the requirements of this AD and
addresses the identified unsafe condition. However, under the
provisions of paragraph (j)(1) of this AD, the FAA will consider
requests for approval of application of alternative chemical corrosion
surface pretreatment products if sufficient data are submitted to
substantiate that the change would provide an acceptable level of
safety. The FAA has not changed this AD in this regard.
Request To Add an Exception to the NPRM
DAL requested that the application of corrosion inhibiting
compounds (CICs) be added to paragraph (h) of the proposed AD,
``Exceptions to EASA AD 2020-0037,'' and not be a requirement
[[Page 54895]]
for AD compliance. DAL stated that paragraph 3.C.(4)(c) of the
Accomplishment Instructions of Airbus Service Bulletin A320-53-1270,
Revision 02, dated April 11, 2014, requires that corrosion preventative
compound CML 12ADB1 be applied to the cold worked area. DAL commented
that each operator has a corrosion prevention and control program
(CPCP) to control corrosion and may revise CIC products as necessary.
DAL also commented that requiring the application of CML 12ADB1 within
the required for compliance paragraph is problematic in maintaining
perpetual compliance with the NPRM if a CPCP maintenance program task
is applicable to the same area.
The FAA disagrees with the commenter's request. Since this AD
affects multiple operators, and the FAA is not aware of the details of
CIC compounds used as an inherent part of each operator's CPCP
maintenance task, it is not practical for the FAA to revise this AD
based on DAL's unique maintenance program. If DAL intends to use an
approved substitution of the CIC that is not included in the SRM as an
alternate to the CIC required by this AD, then DAL may request an
alternative method of compliance (AMOC) under the provisions of
paragraph (j)(1) of this AD. The FAA has not changed this AD regarding
this issue.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0037 describes procedures for a rotating probe test
(special detailed inspection) of the fastener holes at FR43 on the LH
and RH sides for any cracking, and on-condition actions including a
high frequency eddy current (rototest) inspection for cracks of the
affected fastener holes, modification, and repair.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 867 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
----------------------------------------------------------------------------------------------------------------
9 work-hours x $85 per hour = $765.............................. $0 $765 $663,255
----------------------------------------------------------------------------------------------------------------
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:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
22 work-hours x $85 per hour = $1,870... $338 $2,208
------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
[[Page 54896]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2020-18-06 Airbus SAS: Amendment 39-21227; Docket No. FAA-2020-0332;
Product Identifier 2020-NM-037-AD.
(a) Effective Date
This AD is effective October 8, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model airplanes specified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2020-0037, dated February 27, 2020; corrected February 28,
2020 (``EASA AD 2020-0037'').
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by a report that cracks were detected on
the left- and right-hand sides of the first rivet hole of the frame
(FR) 43 foot coupling during scheduled maintenance. The FAA is
issuing this AD to address cracking in the foot coupling, which
could affect the 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 2020-0037.
(h) Exceptions to EASA AD 2020-0037
(1) Where EASA AD 2020-0037 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0037 does not apply
to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2020-0037
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) 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 (k) 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 2020-0037 that contains RC procedures and
tests: Except as required by paragraph (j)(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.
(k) Related Information
For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3223; email [email protected].
(l) 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 2020-0037,
dated February 27, 2020; corrected February 28, 2020.
(ii) [Reserved]
(3) For information about EASA AD 2020-0037, 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-2020-0332.
(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 August 20, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-19401 Filed 9-2-20; 8:45 am]
BILLING CODE 4910-13-P
