Airworthiness Directives; Airbus SAS Airplanes, 65190-65193 [2020-22758]

Download as PDF 65190 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Rules and Regulations Agricultural Marketing Service 7 CFR Part 201 [Doc. No. AMS–ST–19–0039] RIN 0581–AD91 Revisions to the Federal Seed Act Regulations; Correction AGENCY: Agricultural Marketing Service, USDA. ACTION: List of Subjects in 7 CFR Part 201 FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE Correcting amendment. On July 7, 2020, the Agricultural Marketing Service amended regulations under the Federal Seed Act. The document incorrectly revised the entries for ‘‘Oat’’ and ‘‘Brussels Sprouts’’ in the table that specifies directions for germination and hard seed testing. This document corrects those entries. DATES: Effective October 15, 2020. SUMMARY: Ernest Allen, Director, Seed Regulatory and Testing Division, Science and Technology Program, AMS, USDA; 801 Summit Crossing Place, Suite C, Gastonia, NC 28054, USA; telephone: 704–810–8884; email Ernest.Allen@ usda.gov. SUPPLEMENTARY INFORMATION: The Agricultural Marketing Service recently amended regulations under the Federal Seed Act (7 U.S.C. 1551–1611). See 85 FR 40571; July 7, 2020. The amendments updated regulations related to seed quality, germination and purity standards, and acceptable seed testing methods, and aligned Federal Seed Act regulations with current industry practices. This document corrects the entries for ‘‘Oat’’ and ‘‘Brussels Sprouts’’ in the table that specifies directions for germination and hard seed testing to specify that the prechill requirements for oat and Brussels sprouts apply to fresh and dormant seed. Certified seed, Definitions, Inspections, Labeling, Purity analysis, Sampling. For the reasons set forth in the preamble, 7 CFR part 201 is amended as follows: PART 201—FEDERAL SEED ACT REQUIREMENTS 1. The authority citation for part 201 continues to read as follows: ■ Authority: 7 U.S.C. 1592. 2. In § 201.58, amend Table 2 in paragraph (c)(3) by revising the entries for ‘‘Oat’’ and ‘‘Brussels Sprouts’’ to read as follows: ■ § 201.58 Substrata, temperature, duration of test, and certain other specific directions for testing for germination and hard seed. * * * (c) * * * (3) * * * * * TABLE 2—GERMINATION REQUIREMENTS FOR INDICATED KINDS Name of seed Temperature (°C) Substrata First count days Additional directions Final count days Specific requirements Fresh and dormant seed AGRICULTURAL SEED * Oat ...................... * * B, T, S ... * * 20; 15 * 5 10 * * .................................................... * * * Prechill at 5 or 10° C for 5 days and test for 7 days or predry and test for 10 days. * * * VEGETABLE SEED * Brussels Sprouts * * B, P, T ... * * 20–30 * 3 10 * Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2020–20397 Filed 10–14–20; 8:45 am] BILLING CODE P * .................................................... * * DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–0449; Product Identifier 2020–NM–038–AD; Amendment 39–21283; AD 2020–21–10] jbell on DSKJLSW7X2PROD with RULES RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: VerDate Sep<11>2014 15:57 Oct 14, 2020 Jkt 253001 PO 00000 Frm 00004 Fmt 4700 * * Prechill 5 days at 5 or 10 °C for 3 days; KNO3 and Light. Sfmt 4700 * * The FAA is superseding Airworthiness Directive (AD) 2017–19– 24, which applies to Model A319–111, –112, –113, –114, –115, –131, –132, and –133 airplanes; Model A320–211, –212, –214, –231, –232, and –233 airplanes; and Model A321–111, –112, –131, –211, –212, –213, –231, and –232 airplanes. The FAA is also superseding AD 2018– 16–04, which applies to Airbus SAS Model A320–216, –251N, and –271N airplanes; and Model A321–251N, –253N, and –271N airplanes; as well as the models in AD 2017–19–24. Those ADs required revising the existing maintenance or inspection program, as applicable, to incorporate new or more SUMMARY: E:\FR\FM\15OCR1.SGM 15OCR1 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Rules and Regulations restrictive maintenance requirements and airworthiness limitations. Since AD 2018–16–04 was issued, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations; as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 19, 2020. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 19, 2020. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of September 14, 2018 (83 FR 39581, August 10, 2018). ADDRESSES: For the EASA material incorporated by reference (IBR) in this AD, contact the EASA, KonradAdenauer-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. For the Airbus SAS material incorporated by reference (IBR) in this AD, contact Airbus SAS, Airworthiness Office—EIAS, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@airbus.com; internet https://www.airbus.com. 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– 0449. jbell on DSKJLSW7X2PROD with RULES Examining the AD Docket You may examine the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2020– 0102; 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 VerDate Sep<11>2014 15:57 Oct 14, 2020 Jkt 253001 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, 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 2020–0034, dated February 25, 2020 (‘‘EASA AD 2020–0034’’) (also referred to as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for all Airbus SAS Model A318 series airplanes; Model A319–111, A319–112, A319–113, A319–114, A319–115, A319– 131, A319–132, A319–133, A319–151N, and A319–153N airplanes; Model A320–211, A320–212, A320–214, A320– 215, A320–216, A320–231, A320–232, A320–233, A320–251N, A320–252N, A320–253N, A320–271N, A320–272N, and A320–273N airplanes; and Model A321 series airplanes. EASA AD 2020– 0034 superseded EASA AD 2017–0170 (which corresponds to FAA AD 2018– 16–04 (AD 2018–16–04, Amendment 39 19344 (83 FR 39581, August 10, 2018) (‘‘AD 2018–16–04’’)). Model A320–215 airplanes are not certified 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. Airplanes with an original airworthiness certificate or original export certificate of airworthiness issued after November 7, 2019, must comply with the airworthiness limitations specified as part of the approved type design and referenced on the 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 to supersede AD 2017–19–24, Amendment 39–19054 (82 FR 44900, September 27, 2017) (‘‘AD 2017–19– 24’’); and 2018–16–04; for all Model A318 series airplanes; Model A319–111, –112, –113, –114, –115, –131, –132, –133, –151N, and –153N airplanes; Model A320 series airplanes; and Model A321 series airplanes. The NPRM published in the Federal Register on May 7, 2020 (85 FR 27167). The NPRM PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 65191 was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The NPRM proposed to address the risks associated with the effects of aging on airplane systems. Such effects could change system characteristics, leading to an increased potential for failure of certain life-limited parts, and reduced structural integrity or controllability 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 Proposed AD United Airlines and an anonymous commenter expressed support for the proposed AD. Request To Confirm Intent To Allow Use of Later ALS Revisions Delta Air Lines (Delta) requested confirmation that the FAA intended to allow the use of later ALS revisions to comply with the proposed AD. The commenter noted that previous ADs required an alternative method of compliance (AMOC) to use a later ALS revision. The FAA confirms that it intends to allow the use of applicable later ALS variations or revisions in their entirety to comply with the requirements of this AD, as long as they follow the requirements of paragraph (k) of this AD—that they are approved in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2020–0034. Request To Allow AMOC Approval for Alternative Actions or Intervals After Revision of Maintenance or Inspection Program Delta requested that paragraph (k) of the proposed AD be changed to also allow alternative actions and intervals after the maintenance and inspection program has been revised, provided that the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (l)(1) of the proposed AD. Delta provided no reason or justification for the request. The FAA agrees to clarify. The previous format of the FAA’s airworthiness limitation ADs included a paragraph that specified that no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance E:\FR\FM\15OCR1.SGM 15OCR1 65192 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Rules and Regulations (AMOC) in accordance with the procedures specified in the AMOCs paragraph under ‘‘Other FAA Provisions.’’ This new format includes a ‘‘New Provisions for Alternative Actions and Intervals’’ paragraph that does not specifically refer to AMOCs, but operators may still request an AMOC to use an alternative action, interval, or CDCCL. This AD has not been changed regarding this request. 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. jbell on DSKJLSW7X2PROD with RULES Related IBR Material Under 1 CFR Part 51 EASA AD 2020–0034 describes airworthiness limitations for system equipment maintenance requirements. This AD also requires Airbus SAS A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 4, ‘‘System Equipment Maintenance Requirements (SEMR),’’ Revision 05, dated April 6, 2017, which the Director of the Federal Register approved for incorporation by reference as of September 14, 2018 (83 FR 39581, August 10, 2018). 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 1,553 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: The FAA estimates the total cost per operator for the retained actions from AD 2018–16–04 to be $7,650 (90 workhours × $85 per work-hour). The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 workhours per operator, although the agency recognizes that this number may vary from operator to operator. In the past, the agency has estimated that this action takes 1 work-hour per airplane. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate VerDate Sep<11>2014 15:57 Oct 14, 2020 Jkt 253001 is more accurate than a per-airplane estimate. The FAA estimates the total cost per operator for the new actions to be $7,650 (90 work-hours × $85 per workhour). 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 1. The authority citation for part 39 continues to read as follows: ■ PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive (AD) 2017–19–24 Amendment 39– 19054 (82 FR 44900, September 27, 2017); and AD 2018–16–04, Amendment 39–19344 (83 FR 39581, August 10, 2018); and ■ b. Adding the following new AD: ■ ■ 2020–21–10 Airbus SAS: Amendment 39– 21283; Docket No. FAA–2020–0449; Product Identifier 2020–NM–038–AD. (a) Effective Date This AD is effective November 19, 2020. (b) Affected ADs This AD replaces AD 2017–19–24, Amendment 39–19054 (82 FR 44900, September 27, 2017) (‘‘AD 2017–19–24’’); and 2018–16–04, Amendment 39–19344 (83 FR 39581, August 10, 2018) (‘‘AD 2018–16– 04’’). (c) Applicability This AD applies to the Airbus SAS airplanes specified in paragraphs (c)(1) through (4) of this AD, certificated in any category, with an original airworthiness certificate or original export certificate of airworthiness issued on or before November 7, 2019. (1) Model A318–111, –112, –121, and –122 airplanes. (2) Model A319–111, –112, –113, –114, –115, –131, –132, –133, –151N, and –153N 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 05, Time Limits/Maintenance Checks. (e) Reason This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address the risks associated with the effects of aging on airplane systems. Such effects could change system characteristics, leading to an increased potential for failure of certain life-limited parts, and reduced structural integrity or controllability of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Maintenance or Inspection Program Revision, With No Changes This paragraph restates the requirements of paragraph (g) of AD 2018–16–04, with no changes. Within 90 days after September 14, 2018 (the effective date of AD 2018–16–04), E:\FR\FM\15OCR1.SGM 15OCR1 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Rules and Regulations revise the existing maintenance or inspection program, as applicable, to incorporate Airbus SAS A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 4, ‘‘System Equipment Maintenance Requirements (SEMR),’’ Revision 05, dated April 6, 2017. The initial compliance time for doing the revised actions is at the applicable time specified in Airbus SAS A318/A319/A320/ A321 ALS Part 4, ‘‘System Equipment Maintenance Requirements (SEMR),’’ Revision 05, dated April 6, 2017. Accomplishing the maintenance or inspection program revision required by paragraph (i) of this AD terminates the requirements of this paragraph. (h) Retained No Alternative Actions or Intervals, With a New Exception This paragraph restates the requirements of paragraph (h) of AD 2018–16–04, with a new exception. Except as required by paragraph (i) of this AD, after the maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (l)(1) of this AD. (i) New Maintenance or Inspection Program Revision Except as specified in paragraph (j) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2020–0034, dated February 25, 2020 (‘‘EASA AD 2020–0034’’). Accomplishing the maintenance or inspection program revision required by this paragraph terminates the requirements of paragraph (g) of this AD. jbell on DSKJLSW7X2PROD with RULES (j) Exceptions to EASA AD 2020–0034 (1) The requirements specified in paragraphs (1) and (2) of EASA AD 2020– 0034 do not apply to this AD. (2) Paragraph (3) of EASA 2020–0034 specifies revising ‘‘the AMP’’ within 12 months after its effective date, but this AD requires revising the existing maintenance or inspection program, as applicable, to incorporate the ‘‘tasks and associated thresholds and intervals’’ specified in paragraph (3) of EASA 2020–0034 within 90 days after the effective date of this AD. (3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA 2020–0034 is at the applicable ‘‘associated thresholds’’ specified in paragraph (3) of EASA AD 2020–0034, or within 90 days after the effective date of this AD, whichever occurs later. (4) The provisions specified in paragraphs (4) and (5) of EASA AD 2020–0034 do not apply to this AD. (5) The ‘‘Remarks’’ section of EASA AD 2020–0034 does not apply to this AD. (k) New Provisions for Alternative Actions and Intervals After the maintenance or inspection program has been revised as required by paragraph (i) of this AD, no alternative actions (e.g., inspections) and intervals are VerDate Sep<11>2014 15:57 Oct 14, 2020 Jkt 253001 allowed unless they are approved in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2020–0034. (l) 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 (m) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. (i) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (ii) AMOCs approved previously for AD 2018–16–04 are approved as AMOCs for the corresponding provisions of EASA AD 2020– 0034 that are required by paragraph (g) of this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, 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 2020–0034 that contains RC procedures and tests: Except as required by paragraph (l)(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. (m) Related Information (n) 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. Frm 00007 Fmt 4700 Sfmt 4700 (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (3) The following service information was approved for IBR on November 19, 2020. (i) European Union Aviation Safety Agency (EASA) AD 2020–0034, dated February 25, 2020 (‘‘EASA AD 2020–0034’’). (ii) [Reserved] (4) The following service information was approved for IBR on September 14, 2018 (83 FR 39581, August 10, 2018). (i) Airbus SAS A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 4, ‘‘System Equipment Maintenance Requirements (SEMR),’’ Revision 05, dated April 6, 2017. (ii) [Reserved] (5) For EASA AD 2019–0256, 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 EASA AD on the EASA website at https:// ad.easa.europa.eu. (6) For Airbus service information identified in this AD, contact Airbus SAS, Airworthiness Office—EIAS, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@ airbus.com; internet https://www.airbus.com. (7) 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–2020–0102. (8) 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 October 2, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–22758 Filed 10–14–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 For more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, Large Aircraft Section, International Validation, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206– 231–3223; email sanjay.ralhan@faa.gov. PO 00000 65193 [Docket No. FAA–2020–0209; Product Identifier 2020–NM–004–AD; Amendment 39–21275; AD 2020–21–02] RIN 2120–AA64 Airworthiness Directives; Kidde Aerospace & Defense Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: E:\FR\FM\15OCR1.SGM 15OCR1

Agencies

[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Rules and Regulations]
[Pages 65190-65193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22758]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0449; Product Identifier 2020-NM-038-AD; Amendment 
39-21283; AD 2020-21-10]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-19-
24, which applies to Model A319-111, -112, -113, -114, -115, -131, -
132, and -133 airplanes; Model A320-211, -212, -214, -231, -232, and -
233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, 
and -232 airplanes. The FAA is also superseding AD 2018-16-04, which 
applies to Airbus SAS Model A320-216, -251N, and -271N airplanes; and 
Model A321-251N, -253N, and -271N airplanes; as well as the models in 
AD 2017-19-24. Those ADs required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more

[[Page 65191]]

restrictive maintenance requirements and airworthiness limitations. 
Since AD 2018-16-04 was issued, the FAA has determined that new or more 
restrictive airworthiness limitations are necessary. This AD requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations; as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. This AD was prompted by a determination 
that new or more restrictive airworthiness limitations are necessary. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective November 19, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 19, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
September 14, 2018 (83 FR 39581, August 10, 2018).

ADDRESSES: For the EASA 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.
    For the Airbus SAS material incorporated by reference (IBR) in this 
AD, contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile 
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 
96; fax +33 5 61 93 44 51; email [email protected]; 
internet https://www.airbus.com.
    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-2020-0449.

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-
0102; 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, 
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 2020-0034, dated February 25, 2020 
(``EASA AD 2020-0034'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A318 series airplanes; Model A319-
111, A319-112, A319-113, A319-114, A319-115, A319-131, A319-132, A319-
133, A319-151N, and A319-153N airplanes; Model A320-211, A320-212, 
A320-214, A320-215, A320-216, A320-231, A320-232, A320-233, A320-251N, 
A320-252N, A320-253N, A320-271N, A320-272N, and A320-273N airplanes; 
and Model A321 series airplanes. EASA AD 2020-0034 superseded EASA AD 
2017-0170 (which corresponds to FAA AD 2018-16-04 (AD 2018-16-04, 
Amendment 39 19344 (83 FR 39581, August 10, 2018) (``AD 2018-16-04'')). 
Model A320-215 airplanes are not certified 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.
    Airplanes with an original airworthiness certificate or original 
export certificate of airworthiness issued after November 7, 2019, must 
comply with the airworthiness limitations specified as part of the 
approved type design and referenced on the 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 to supersede AD 2017-19-24, Amendment 39-19054 (82 FR 
44900, September 27, 2017) (``AD 2017-19-24''); and 2018-16-04; for all 
Model A318 series airplanes; Model A319-111, -112, -113, -114, -115, -
131, -132, -133, -151N, and -153N airplanes; Model A320 series 
airplanes; and Model A321 series airplanes. The NPRM published in the 
Federal Register on May 7, 2020 (85 FR 27167). The NPRM was prompted by 
a determination that new or more restrictive airworthiness limitations 
are necessary. The NPRM proposed to address the risks associated with 
the effects of aging on airplane systems. Such effects could change 
system characteristics, leading to an increased potential for failure 
of certain life-limited parts, and reduced structural integrity or 
controllability 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 Proposed AD

    United Airlines and an anonymous commenter expressed support for 
the proposed AD.

Request To Confirm Intent To Allow Use of Later ALS Revisions

    Delta Air Lines (Delta) requested confirmation that the FAA 
intended to allow the use of later ALS revisions to comply with the 
proposed AD. The commenter noted that previous ADs required an 
alternative method of compliance (AMOC) to use a later ALS revision.
    The FAA confirms that it intends to allow the use of applicable 
later ALS variations or revisions in their entirety to comply with the 
requirements of this AD, as long as they follow the requirements of 
paragraph (k) of this AD--that they are approved in the provisions of 
the ``Ref. Publications'' section of EASA AD 2020-0034.

Request To Allow AMOC Approval for Alternative Actions or Intervals 
After Revision of Maintenance or Inspection Program

    Delta requested that paragraph (k) of the proposed AD be changed to 
also allow alternative actions and intervals after the maintenance and 
inspection program has been revised, provided that the actions or 
intervals are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (l)(1) of the 
proposed AD. Delta provided no reason or justification for the request.
    The FAA agrees to clarify. The previous format of the FAA's 
airworthiness limitation ADs included a paragraph that specified that 
no alternative actions (e.g., inspections) or intervals may be used 
unless the actions or intervals are approved as an alternative method 
of compliance

[[Page 65192]]

(AMOC) in accordance with the procedures specified in the AMOCs 
paragraph under ``Other FAA Provisions.'' This new format includes a 
``New Provisions for Alternative Actions and Intervals'' paragraph that 
does not specifically refer to AMOCs, but operators may still request 
an AMOC to use an alternative action, interval, or CDCCL. This AD has 
not been changed regarding this request.

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 2020-0034 describes airworthiness limitations for system 
equipment maintenance requirements.
    This AD also requires Airbus SAS A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) Part 4, ``System Equipment Maintenance 
Requirements (SEMR),'' Revision 05, dated April 6, 2017, which the 
Director of the Federal Register approved for incorporation by 
reference as of September 14, 2018 (83 FR 39581, August 10, 2018).
    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 1,553 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2018-16-04 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. In the past, the agency has estimated that this action 
takes 1 work-hour per airplane. Since operators incorporate maintenance 
or inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate.
    The FAA estimates the total cost per operator for the new actions 
to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2017-19-24 Amendment 39-19054 
(82 FR 44900, September 27, 2017); and AD 2018-16-04, Amendment 39-
19344 (83 FR 39581, August 10, 2018); and
0
b. Adding the following new AD:

2020-21-10 Airbus SAS: Amendment 39-21283; Docket No. FAA-2020-0449; 
Product Identifier 2020-NM-038-AD.

(a) Effective Date

    This AD is effective November 19, 2020.

(b) Affected ADs

    This AD replaces AD 2017-19-24, Amendment 39-19054 (82 FR 44900, 
September 27, 2017) (``AD 2017-19-24''); and 2018-16-04, Amendment 
39-19344 (83 FR 39581, August 10, 2018) (``AD 2018-16-04'').

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category, with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before November 7, 
2019.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -153N 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 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address the risks associated with the effects of 
aging on airplane systems. Such effects could change system 
characteristics, leading to an increased potential for failure of 
certain life-limited parts, and reduced structural integrity or 
controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2018-16-04, with no changes. Within 90 days after September 14, 2018 
(the effective date of AD 2018-16-04),

[[Page 65193]]

revise the existing maintenance or inspection program, as 
applicable, to incorporate Airbus SAS A318/A319/A320/A321 
Airworthiness Limitations Section (ALS) Part 4, ``System Equipment 
Maintenance Requirements (SEMR),'' Revision 05, dated April 6, 2017. 
The initial compliance time for doing the revised actions is at the 
applicable time specified in Airbus SAS A318/A319/A320/A321 ALS Part 
4, ``System Equipment Maintenance Requirements (SEMR),'' Revision 
05, dated April 6, 2017. Accomplishing the maintenance or inspection 
program revision required by paragraph (i) of this AD terminates the 
requirements of this paragraph.

(h) Retained No Alternative Actions or Intervals, With a New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2018-16-04, with a new exception. Except as required by paragraph 
(i) of this AD, after the maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (l)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2020-0034, dated February 25, 2020 (``EASA AD 2020-0034''). 
Accomplishing the maintenance or inspection program revision 
required by this paragraph terminates the requirements of paragraph 
(g) of this AD.

(j) Exceptions to EASA AD 2020-0034

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0034 do not apply to this AD.
    (2) Paragraph (3) of EASA 2020-0034 specifies revising ``the 
AMP'' within 12 months after its effective date, but this AD 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate the ``tasks and associated thresholds and 
intervals'' specified in paragraph (3) of EASA 2020-0034 within 90 
days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA 2020-0034 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2020-0034, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2020-0034 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0034 does not apply 
to this AD.

(k) New Provisions for Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (i) of this AD, no alternative actions (e.g., 
inspections) and intervals are allowed unless they are approved in 
the provisions of the ``Ref. Publications'' section of EASA AD 2020-
0034.

(l) 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 (m) of this AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (ii) AMOCs approved previously for AD 2018-16-04 are approved as 
AMOCs for the corresponding provisions of EASA AD 2020-0034 that are 
required by paragraph (g) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, 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 2020-0034 that contains RC procedures and 
tests: Except as required by paragraph (l)(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.

(m) Related Information

    For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, Large Aircraft Section, International 
Validation, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3223; email [email protected].

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
November 19, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0034, 
dated February 25, 2020 (``EASA AD 2020-0034'').
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
September 14, 2018 (83 FR 39581, August 10, 2018).
    (i) Airbus SAS A318/A319/A320/A321 Airworthiness Limitations 
Section (ALS) Part 4, ``System Equipment Maintenance Requirements 
(SEMR),'' Revision 05, dated April 6, 2017.
    (ii) [Reserved]
    (5) For EASA AD 2019-0256, 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.
    (6) For Airbus service information identified in this AD, 
contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile 
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 
36 96; fax +33 5 61 93 44 51; email [email protected]; 
internet https://www.airbus.com.
    (7) 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-2020-0102.
    (8) 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 October 2, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-22758 Filed 10-14-20; 8:45 am]
BILLING CODE 4910-13-P