Airworthiness Directives; Airbus SAS Airplanes, 65190-65193 [2020-22758]
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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]
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RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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*
*
Prechill 5 days at 5 or 10 °C for
3 days; KNO3 and Light.
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*
*
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:
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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.
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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
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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
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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
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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.
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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
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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:
■
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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),
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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.
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(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
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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.
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(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