[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Rules and Regulations]
[Pages 10259-10262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05199]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0121; Product Identifier 2019-NM-025-AD; Amendment
39-19591; AD 2019-05-09]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus SAS Model A320-251N and -271N airplanes, and Model A321-253N
airplanes. This AD was prompted by reports of low clearance between the
electrical harness and nearby hydraulic pipes in the inboard trailing
edge of the wing. This AD requires repetitive detailed inspections of
certain electrical harnesses for discrepancies and corrective actions,
if necessary, as specified in an European Aviation Safety Agency (EASA)
AD, which is incorporated by reference. We are issuing this AD to
address the unsafe condition on these products.
DATES: This AD becomes effective April 4, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 4,
2019.
We must receive comments on this AD by May 6, 2019.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For the incorporation by reference (IBR) material described in the
``Related IBR Material Under 1 CFR part 51'' section in SUPPLEMENTARY
INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 89990 1000; email [email protected];
internet www.easa.europa.eu. You may find this IBR material on the EASA
website at https://ad.easa.europa.eu. You may view this IBR material at
the FAA, Transport Standards 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 http://www.regulations.gov.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0121; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (telephone 800-
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0035, dated February 15, 2019
(``EASA AD 2019-0035'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A320-251N and -271N airplanes,
and Model A321-253N airplanes. The MCAI states:
Low clearance between electrical harness and nearby hydraulic
pipes has been detected in the inboard trailing edge of some
aeroplanes.
This condition, if not detected and corrected, could lead to
chafing of electrical harnesses on hydraulic pipes, eventually
creating an ignition source in the flammable fluid leakage zone
area, possibly resulting in fire or an explosion and loss of the
aeroplane.
To address this potential unsafe condition, Airbus issued the
AOT [alert operators transmission], providing instructions to
accomplish a detailed inspection (DET) for clearance and damage, and
published the modification SB [Service Bulletin A320-29-1176],
providing instructions to modify the electrical harness routing,
increasing the clearance between electrical harness and hydraulic
pipes.
For the reasons described above, this [EASA] AD requires
repetitive DET of the electrical harness and modification of the
aeroplane.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0035 describes procedures for repetitive detailed
inspections of certain electrical harnesses for discrepancies
(clearance and damage) and corrective actions, if necessary. Corrective
actions include repairing the electrical harness or replacing the
electrical harness sleeve, and increasing the clearance between the
affected electrical harness and hydraulic pipe. 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, and it is publicly available through the EASA
website.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI referenced
above. We are issuing this AD because we evaluated all pertinent
information and determined the unsafe condition exists and is likely to
exist or develop on other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2019-0035 described previously through the incorporated by reference of
EASA AD 2019-0035, except for any differences identified as exceptions
in the
[[Page 10260]]
regulatory text of this AD and except as discussed under ``Differences
Between this AD and the MCAI.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with Airbus and EASA to develop a process to
use certain EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. As a result,
EASA AD 2019-0035 is incorporated by reference in the FAA final rule.
This AD, therefore, requires compliance with the provisions specified
in EASA AD 2019-0035, except for any differences identified as
exceptions in the regulatory text of this AD. Service information
specified in EASA AD 2019-0035 that is required for compliance with
EASA AD 2019-0035 is available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0121.
Differences Between This AD and the MCAI
EASA AD 2019-0035 specifies to modify the airplane (modification of
the adaptation damper bulkhead fitting for left hand and right hand
wings). For this AD, the modification, which would terminate the
repetitive inspections required by this AD, is optional. However, we
are considering further rulemaking to require this modification. The
planned compliance time for the modification would allow enough time to
provide notice and opportunity for prior public comment on the merits
of the modification. This difference has been coordinated with EASA.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because failure to detect and correct chafing of electrical harnesses
in the vicinity of hydraulic pipes could result in a potential source
of ignition in the flammable fluid leakage zone, and possibly result in
a fire or explosion and loss of the airplane. Therefore, we find good
cause that notice and opportunity for prior public comment are
impracticable. In addition, for the reasons stated above, we find that
good cause exists for making this amendment effective in less than 30
days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2019-0121; Product
Identifier 2019-NM-025-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD based on
those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
Costs of Compliance
We estimate that this AD affects 14 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
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6 work-hours x $85 per hour = $510........................... $0 $510 $7,140
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Estimated Costs for Optional Actions
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Cost per
Labor cost Parts cost product
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16 work-hours x $85 per hour = $1,360. $8,900 $10,260
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We estimate the following costs for the necessary on-condition
action that would be required based on the results of any required
actions. We have no way of determining the number of aircraft that
might need this on-condition action:
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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Up to 8 work-hours x $85 per \*\ $0 Up to $680.
hour = $680.
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* We have received no definitive data that would enable us to provide
parts cost estimates.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all known costs in our cost
estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
[[Page 10261]]
We are 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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. 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 adding the following new airworthiness
directive (AD):
2019-05-09 Airbus SAS: Amendment 39-19591; Docket No. FAA-2019-0121;
Product Identifier 2019-NM-025-AD.
(a) Effective Date
This AD becomes effective April 4, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A320-251N and -271N
airplanes, and Model A321-253N airplanes, certificated in any
category, as identified in European Aviation Safety Agency (EASA) AD
2019-0035, dated February 15, 2019 (``EASA AD 2019-0035'').
(d) Subject
Air Transport Association (ATA) of America Code 92, Electric and
electronic common installation.
(e) Reason
This AD was prompted by reports of low clearance between the
electrical harness and nearby hydraulic pipes in the inboard
trailing edge of the wing. We are issuing this AD to address this
condition, which, if not detected and corrected, could lead to
chafing of electrical harnesses in the vicinity of hydraulic pipes
and could result in a potential source of ignition in the flammable
fluid leakage zone, and possibly result in a fire or explosion and
loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0035.
(h) Exceptions to EASA AD 2019-0035
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0035 refers to its effective date,
this AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0035 does not apply
to this AD.
(3) Where paragraph (4) of EASA AD 2019-0035 specifies to modify
the airplane in accordance with Airbus Service Bulletin A320-29-
1176, this AD does not require modification of the airplane, but
this AD allows that modification as an optional terminating action
for the required repetitive inspections.
(4) The provisions of paragraph (6) of EASA AD 2019-0035 are
allowed in the optional modification specified in paragraph (h)(3)
of this AD.
(i) No Reporting Requirement
Although certain service information referenced in EASA AD 2019-
0035 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (k) of this AD. Information may
be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards 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 2019-0035 that contains RC procedures and
tests: Except as required by paragraph (j)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(k) Related Information
For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3223.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
[[Page 10262]]
(i) European Aviation Safety Agency (EASA) AD 2019-0035, dated
February 15, 2019.
(ii) [Reserved]
(3) For EASA AD 2019-0035, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 89990 6017; email
[email protected]; Internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
(4) You may view this EASA AD at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195. EASA AD
2019-0035 may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0121.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on March 11, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-05199 Filed 3-19-19; 8:45 am]
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