[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Rules and Regulations]
[Pages 53997-53999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22032]
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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; Amendment
39-19752; AD 2019-19-16]
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) 2019-05-
09, which applied to certain Airbus SAS Model A320-251N and -271N
airplanes, and Model A321-253N airplanes. AD 2019-05-09 required
repetitive detailed inspections of certain electrical harnesses for
discrepancies, and corrective actions if necessary. AD 2019-05-09 also
provided an optional terminating modification for the repetitive
detailed inspections. This AD retains the actions of AD 2019-05-09, and
adds a requirement for a terminating modification for the repetitive
detailed inspections, as specified in a European Aviation Safety Agency
(EASA) AD, which is incorporated by reference. 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 the unsafe condition on these products.
DATES: This AD is effective November 13, 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 (84 FR 10259, March 20, 2019).
ADDRESSES: For the material incorporated by reference (IBR) in this AD,
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 by searching for and locating Docket No.
FAA-2019-0495.
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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket 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 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 FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-05-09, Amendment 39-19591 (84 FR
10259, March 20, 2019) (``AD 2019-05-09''). AD 2019-05-09 applied to
certain Airbus SAS Model A320-251N and -271N airplanes, and Model A321-
253N airplanes. The NPRM published in the Federal Register on July 1,
2019 (84 FR 31254). The NPRM proposed to continue to require repetitive
detailed inspections of certain electrical harnesses for discrepancies
and corrective actions, if necessary. The NPRM also proposed to add a
requirement for a terminating modification for the repetitive detailed
inspections.
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 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. See the MCAI for additional
background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.
Conclusion
The FAA reviewed the relevant data 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 Service Information 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
[[Page 53998]]
course of business or by the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 14 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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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Labor cost Parts cost Cost per product
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Up to 8 work-hours x $85 per (*) Up to $680 *
hour = $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 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)
2019-05-09, Amendment 39-19591 (84 FR 10259, March 20, 2019), and
adding the following new AD:
2019-19-16 Airbus SAS: Amendment 39-19752; Docket No. FAA-2019-0495;
Product Identifier 2019-NM-029-AD.
(a) Effective Date
This AD is effective November 13, 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.
(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
[[Page 53999]]
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) 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.
(3) The following service information was approved for IBR on
April 4, 2019 (84 FR 10259, March 20, 2019).
(i) European Union Aviation Safety Agency (EASA) AD 2019-0035,
dated February 15, 2019.
(ii) [Reserved]
(4) For information about EASA AD 2019-0035, contact the EASA,
at 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.
(5) You may view this 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. This
material 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.
(6) 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 23, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-22032 Filed 10-8-19; 8:45 am]
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