[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Proposed Rules]
[Pages 31254-31257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13888]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0495; Product Identifier 2019-NM-029-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2019-05-09, which applies to certain Airbus SAS Model A320-251N and -
271N airplanes, and Model A321-253N airplanes. AD 2019-05-09 requires 
repetitive detailed inspections of certain electrical harnesses for 
discrepancies and corrective actions, if necessary. AD 2019-05-09 also 
provides an optional terminating modification for the repetitive 
detailed inspections. Since we issued AD 2019-05-09, the FAA has 
determined that it is necessary to require the terminating 
modification. This proposed AD would retain the actions of AD 2019-05-
09 and add a requirement for a terminating modification for the 
repetitive inspections, as specified in an European Aviation Safety 
Agency (EASA) AD, which will be incorporated by reference. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 15, 
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 material identified in this proposed AD that will be 
incorporated by reference (IBR), contact the 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.

[[Page 31255]]

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-
0495; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0495; 
Product Identifier 2019-NM-029-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this NPRM.

Discussion

    The FAA issued AD 2019-05-09, Amendment 39-19591 (84 FR 10259, 
March 20, 2019) (``AD 2019-05-09''), for certain Airbus SAS Model A320-
251N and -271N airplanes, and Model A321-253N airplanes. AD 2019-05-09 
requires repetitive detailed inspections of certain electrical 
harnesses for discrepancies and corrective actions, if necessary. AD 
2019-05-09 also provides an optional terminating modification for the 
repetitive detailed inspections. AD 2019-05-09 resulted from reports of 
low clearance between the electrical harness and nearby hydraulic pipes 
in the inboard trailing edge of the wing. The FAA issued AD 2019-05-09 
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.

Actions Since AD 2019-05-09 Was Issued

    As previously mentioned, AD 2019-05-09 allows for an optional 
terminating modification of the airplane, which the EASA AD required 
but the FAA excepted. The preamble to AD 2019-05-09 specifies that the 
FAA was considering requiring modification of the adaptation damper 
bulkhead fitting for left hand and right hand wings to recover correct 
clearance between the electrical harness brackets and the damper. That 
AD explains that 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, and this proposed AD follows 
from that determination.
    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 [Airbus 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.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2019-05-09, this proposed AD would retain all of the 
requirements of AD 2019-05-09. Those requirements are referenced in 
EASA AD 2019-0035, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related IBR Material Under 1 CFR Part 51

    This AD requires compliance with EASA AD 2019-0035, which the 
Director of the Federal Register approved for incorporation by 
reference as of April 4, 2019 (84 FR 10259, March 20, 2019). This 
material is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the agency 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0035 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

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 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2019-0035, through that incorporation, 
except for any differences identified as exceptions in the regulatory 
text of this proposed AD. Service information specified in EASA AD 
2019-0035 that is required for compliance with EASA AD 2019-0035 will 
be available on the internet http://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0495 after the FAA final rule is 
published.

[[Page 31256]]

Costs of Compliance

    The FAA estimates that this proposed AD affects 14 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Retained actions from AD 2019-05-09...  6 work-hours x $85 per                $0            $510          $7,140
                                         hour = $510.
New proposed actions..................  16 work-hours x $85 per            8,900          10,260         143,640
                                         hour = $1,360.
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    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
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                                                             Cost per
               Labor cost                   Parts cost        product
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Up to 8 work-hours x $85 per hour =                   *     Up to $680 *
 $680..................................
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* The FAA has received no definitive data that would enable the agency
  to provide parts cost estimates.

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.
    This proposed 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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 removing Airworthiness Directive (AD) 
2019-05-09, Amendment 39-19591 (84 FR 10259, March 20, 2019), and 
adding the following new AD:

Airbus SAS: Docket No. FAA-2019-0495; Product Identifier 2019-NM-
029-AD.

(a) Comments Due Date

    The FAA must receive comments by August 15, 2019.

 (b) Affected ADs

    This AD replaces AD 2019-05-09, Amendment 39-19591 (84 FR 10259, 
March 20, 2019) (``AD 2019-05-09'').

 (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, Electrical 
system 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. The FAA is 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.

[[Page 31257]]

 (h) Exceptions to EASA AD 2019-0035

    (1) For purposes of determining compliance with the requirements 
of this AD: Where Paragraphs (1) and (3) of EASA AD 2019-0035 refer 
to its effective date, this AD requires using April 4, 2019 (the 
effective date of AD 2019-05-09).
    (2) For purposes of determining compliance with the requirements 
of this AD: Where Paragraph (4) of EASA AD 2019-0035 refers to its 
effective date, this AD requires using the effective date of this 
AD.
    (3) The ``Remarks'' section of EASA AD 2019-0035 does not apply 
to 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)(2) 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

    (1) For information about EASA AD 2019-0035, contact the 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. 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-2019-0495.
    (2) 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.

    Issued in Des Moines, Washington, on June 21, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-13888 Filed 6-28-19; 8:45 am]
BILLING CODE 4910-13-P