[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Rules and Regulations]
[Pages 50721-50725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20893]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0250; Product Identifier 2018-NM-157-AD; Amendment 
39-19734; AD 2019-18-07]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2015-17-
14, which applied to all Airbus SAS Model A319 series airplanes; Model 
A320-211, -212, -214, -231, -232, and -233 airplanes, and Model A321-
111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2015-
17-14 required repetitive rototest inspections of the open tack holes 
and rivet holes at the cargo floor support fittings of the fuselage, 
including doing all applicable related investigative actions, and 
repair if necessary. This AD continues to require the actions of AD 
2015-17-14, adds actions for certain airplanes, and reduces the 
compliance times for certain airplanes, as specified in an European 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
This AD also reduces the applicability. This AD was prompted by further 
analysis and widespread fatigue damage (WFD) evaluations which 
identified the need to reduce the initial compliance times and 
repetitive intervals for the inspections for certain airplanes, and to 
add work for certain airplanes. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective October 31, 2019.

[[Page 50722]]

    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 31, 
2019.

ADDRESSES: For the material incorporated by reference (IBR) in this AD, 
contact the EASA, at 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 by searching for and locating Docket No. 
FAA-2019-0250.

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-
0250; 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, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0233R1, dated November 28, 2018 (``EASA AD 2018-0233R1'') 
(referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain Airbus SAS Model A319 series airplanes; Model A320-211, -212, -
214, -216, -231, -232, and -233 airplanes; and Model A321-111, -112, -
131, -211, -212, -213, -231, and -232 airplanes. You may examine the 
MCAI in the AD docket on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2019-0250.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2015-17-14, Amendment 39-18247 (80 FR 
52182, August 28, 2015) (``AD 2015-17-14''). AD 2015-17-14 applied to 
all Airbus SAS Model A319 series 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 NPRM published in the Federal 
Register on April 24, 2019 (84 FR 17102). The NPRM was prompted by 
further analysis and WFD evaluations which identified the need to 
reduce the initial compliance times and repetitive intervals for the 
inspections for certain airplanes, and to add work for certain 
airplanes. The NPRM proposed to continue to require the actions of AD 
2015-17-14. The NPRM also proposed to add actions for certain 
airplanes, and reduce the compliance times for certain airplanes. The 
FAA is issuing this AD to address cracking in the open tack holes and 
rivet holes at the cargo floor support fittings of the fuselage, which 
could affect the structural integrity of the airplane. See the MCAI for 
additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request To Change Applicability

    Delta TechOps (DAL) asked that the applicability identified in 
paragraph (c) of the proposed AD be changed by adding the following 
language: ``Serial number exceptions for Airbus production 
[modification] MOD status, as defined within the Applicability 
paragraph of EASA AD 2018-0233R1, are likewise acceptable for FAA AD 
applicability definition.'' DAL stated that paragraph (c) applies to 
certain A320 family aircraft identified in the EASA AD, and noted that 
paragraph 2 of the EASA AD provides additional applicability details, 
namely, excluding serial numbers from the applicability based on the 
Airbus MOD status.
    The FAA acknowledges the commenter's request and offers the 
following clarification: The intent of the applicability identified in 
paragraph (c) of this AD is to match the applicability in EASA AD 2018-
0233R1, for airplanes with an FAA-approved type certificate, including 
exceptions based on modifications. Therefore, no change to this AD is 
necessary in this regard.

Request To Change Method for Obtaining Corrective Actions

    DAL asked that the method for obtaining corrective actions, as 
required by paragraph (g) of the proposed AD, be changed. DAL stated 
that those requirements entail complying with all required actions and 
compliance times specified in, and in accordance with, EASA AD 2018-
0233R1. DAL added that, specifically, this means the method for 
obtaining all corrective actions is to contact Airbus. DAL asked that 
the method for obtaining corrective actions be changed as follows:

    If any crack is found during any inspection required by this AD: 
Before further flight, repair using a method approved by the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the European Aviation Safety Agency (EASA); or 
Airbus's EASA Design Organization Approval (DOA). If approved by the 
DOA, the approval must include the DOA-authorized signature.

    DAL noted that, as written, the proposed AD will limit 
authorization for corrective action solely to Airbus (EASA DOA), which 
restricts operator flexibility to obtain corrective action directly 
from the FAA or from the EASA.
    The FAA disagrees with the commenter's request because the method 
proposed by the commenter is already provided in paragraph (i)(2) of 
this AD (as restated from the proposed AD), which in turn applies to 
paragraph (g) of this AD. Therefore, no change to this AD is necessary 
in this regard.

Request To Include Certain Deviations

    DAL asked that a deviation paragraph be added to the exceptions in 
paragraph (h) of the proposed AD as follows: ``If accomplishing 
inspections according to a non-RC [required for compliance] revision of 
manufacturer Service Information, deviations from paragraphs other than 
paragraph 3.C. `Procedures' do not require an [alternative method of 
compliance] AMOC.'' DAL stated that the inspection can be done using 
any revision of Airbus Service Bulletin A320-53-1257, and the original 
issue was not written in RC format. DAL added that operators have by 
now performed the initial inspection using the original issue of that 
service information. DAL noted that these inspections comply with the 
final rule because credit is allowed in EASA AD 2018-0233R1. DAL stated 
that it is possible that operators deviated from procedures outside of 
paragraph 3.C. when accomplishing a non-RC

[[Page 50723]]

formatted service information revision, or may never have incorporated 
Revision 01 or Revision 02.
    The FAA disagrees with the commenter's request. EASA AD 2018-0233R1 
requires inspecting in accordance with Revision 02 of Airbus Service 
Bulletin A320-53-1257. If the inspection is done using the original 
issue or Revision 01 of the service information, credit is given for 
compliance in EASA AD 2018-0233R1. Any deviation from the service 
information must comply with the procedures found in 14 CFR 39.19. 
Therefore, no change to this AD is necessary in this regard.

Request To Remove Corrosion Prevention Requirement

    DAL stated that the application of CML 12ADB1 Corrosion 
Preventative Compound should not be considered an RC step. DAL noted 
that operators are responsible for maintaining their own corrosion 
prevention programs, and application of corrosion inhibiting compounds 
(CICs) during embodiment of ADs should not be included with the RC 
steps.
    The FAA does not agree to remove the requirement to apply CIC. The 
application of CIC is necessary to address the unsafe condition, and to 
ensure that the correct CIC is used, this AD requires use of the CIC 
referenced in the service information that is identified in the MCAI 
for the applicable product. However, under the provisions of paragraph 
(i)(1) of this AD, the FAA will consider requests for approval of 
another corrosion prevention compound if sufficient data are submitted 
to substantiate that it would provide an acceptable level of safety. 
The FAA has not changed this AD regarding this issue.

Request To Clarify Requirements

    United Airlines (UAL) asked if the intent of paragraph (g) of the 
proposed AD is that operators are required to comply with EASA AD 2018-
0233R1 in its entirety, except as noted in paragraph (h) of the 
proposed AD, or just compliance with the section in EASA AD 2018-0233R1 
titled ``Required Action(s) and Compliance Time(s).'' UAL stated that 
the proposed AD should provide clarification so operators know the 
specific parts of the EASA AD necessary for compliance.
    The FAA agrees to clarify the requirements in paragraph (g) of this 
AD. This AD requires compliance with EASA AD 2018-0233R1 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this AD. Using 
common terms that are the same as the heading of a particular section 
in the EASA AD does not mean that operators need comply only with that 
section. For example, where the AD requirement refers to ``all required 
actions and compliance times,'' compliance with this AD requirement is 
not limited to the section titled ``Required Action(s) and Compliance 
Time(s)'' in the EASA AD. The FAA has not changed this AD in this 
regard.

Request To Include Terminating Action and Credit for Previous Actions

    JetBlue asked that the modification required by paragraph (8) of 
EASA AD 2018-0233R1 be added to the proposed AD as terminating action. 
The commenter also asked that credit be provided for actions done in 
accordance with FAA AD 2015-17-14 through related AMOCs.
    The FAA acknowledges the commenter's request. However, the 
terminating action found in paragraph (8) of EASA AD 2018-0233R1 is 
already provided for in paragraph (g) of this AD, which requires 
complying with all required actions and compliance times specified in, 
and in accordance with, EASA AD 2018-0233R1. In addition, paragraph 
(i)(1)(ii) of this AD provides credit for AMOCs approved previously for 
AD 2015-17-14. Unless otherwise noted in this AD, all provisions of 
EASA AD 2018-0233R1 apply to the corresponding provisions of this AD. 
Therefore, the FAA has made no changes to this AD in this regard.

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 2018-0233R1 describes procedures for repetitive inspections 
of the open tack holes and rivet holes of the fuselage frames below the 
cargo floor support fittings for cracking. 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.

Costs of Compliance

    The FAA estimates that this AD affects 1,009 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                          Estimated Costs for Required Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Action                        Labor cost          Parts cost              Cost per product                  Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Retained actions from AD 2015-17-14..  Up to 471 work-hours x               $0  Up to $40,035......................  Up to $40,395,315.
                                        $85 per hour = Up to
                                        $40,035.
New actions..........................  Up to 474 work-hours x           13,000  Up to $53,290......................  Up to $53,769,610.
                                        85 per hour = Up to
                                        $40,290.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that enables the agency to 
provide cost estimates for the on-condition actions specified in this 
AD.

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

[[Page 50724]]

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

    The FAA 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) 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 removing Airworthiness Directive (AD) 
2015-17-14, Amendment 39-18247 (80 FR 52182, August 28, 2015), and 
adding the following new AD:

2019-18-07 Airbus SAS: Amendment 39-19734; Docket No. FAA-2019-0250; 
Product Identifier 2018-NM-157-AD.

(a) Effective Date

    This AD is effective October 31, 2019.

(b) Affected ADs

    This AD replaces AD 2015-17-14, Amendment 39-18247 (80 FR 52182, 
August 28, 2015) (``AD 2015-17-14'').

(c) Applicability

    This AD applies to Airbus SAS Model A319-111, -112, -113, -114, 
-115, -131, -132, and -133 airplanes; Model A320-211, -212, -214, -
216, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, 
-211, -212, -213, -231, and -232 airplanes; certificated in any 
category, as identified in European Aviation Safety Agency (EASA) AD 
2018-0233R1, dated November 28, 2018 (``EASA AD 2018-0233R1'').

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by further analysis and widespread fatigue 
damage (WFD) evaluations and full-scale fatigue testing that 
indicated that several broken frames in certain areas of the cargo 
compartment were found, especially on the cargo floor support 
fittings and open tack holes on the left-hand side, which identified 
the need to reduce the initial compliance times and repetitive 
intervals for the inspections for certain airplanes, and to add work 
for certain airplanes. The FAA is issuing this AD to address 
cracking in the open tack holes and rivet holes at the cargo floor 
support fittings of the fuselage, which could affect the structural 
integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2018-0233R1.

(h) Exceptions to EASA AD 2018-0233R1

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2018-0233R1 refers to ``the effective date 
of the original issue of this AD,'' this AD requires using the 
effective date of this AD, and where EASA AD 2018-0233R1 refers to 
``the effective date of EASA AD 2013-0310,'' this AD requires using 
October 2, 2015 (the effective date of AD 2015-17-14).
    (2) The ``Remarks'' section of EASA AD 2018-0233R1 does not 
apply to this AD.

(i) 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 (j) 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 2015-17-14 are approved as 
AMOCs for the corresponding provisions of EASA AD 2018-0233R1 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, 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 2018-0233R1 that contains RC procedures and 
tests: Except as required by paragraph (i)(2) of this AD, RC 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(j) 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.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Aviation Safety Agency (EASA) AD 2018-0233R1, dated 
November 28, 2018.
    (ii) [Reserved]
    (3) For EASA AD 2018-0233R1, 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.
    (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.

[[Page 50725]]

EASA AD 2018-0233R1 may be found in the AD docket on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0250.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on September 16, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-20893 Filed 9-25-19; 8:45 am]
 BILLING CODE 4910-13-P