[Federal Register Volume 84, Number 219 (Wednesday, November 13, 2019)]
[Rules and Regulations]
[Pages 61526-61529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24508]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0254; Product Identifier 2019-NM-011-AD; Amendment 
39-19763; AD 2019-20-10]
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 adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A318 and 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. This AD 
was prompted by a report that cracks were detected on frame (FR) 16 and 
FR 20 web holes and passenger door intercostal fitting holes at the 
door stop fitting locations. This AD requires repetitive rototest 
inspections of the holes at the door stop fittings for any cracking, 
and corrective actions if necessary, as specified in a European 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective December 18, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 18, 
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 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0254.

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-2019-
0254; 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 FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus SAS 
Model A318 and 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. The NPRM published in the Federal 
Register on May 8, 2019 (84 FR 20054).

[[Page 61527]]

The NPRM was prompted by a report that cracks were detected on FR 16 
and FR 20 web holes and passenger door intercostal fitting holes at the 
door stop fitting locations. The NPRM proposed to require repetitive 
rototest inspections of the holes at the door stop fittings for any 
cracking, and corrective actions if necessary.
    The FAA is issuing this AD to address such cracking, which could 
affect the structural integrity of the airplane.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0289, dated December 21, 2018 
(``EASA AD 2018-0289'') (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Airbus SAS Model A318 and 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. The FAA is issuing this AD to address cracking of FR 16 
and FR 20 web holes and passenger door intercostal fitting holes at the 
door stop fitting locations. Such cracking could affect the structural 
integrity of the airplane. See the MCAI for additional background 
information.
    You may examine the MCAI in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0254.

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 Provide Relief to Requirements in an Affected AD

    Allegiant Air commented that the proposed AD states that no AD 
would be affected; however, it believes that AD 2018-25-02 would be 
affected by the proposed AD. Allegiant Air stated that paragraph (g)(1) 
of AD 2018-25-02 requires a revision to the existing maintenance or 
inspection program, as applicable, to incorporate Airbus A318/A319/
A320/A321 Airworthiness Limitation Section Part 2--Damage Tolerant 
Airworthiness Limitation Items (DT-ALI), Variation 6.3, dated October 
24, 2017. Allegiant Air commented that this variation includes ALI 
tasks 531103-01-2 and 531103-01-3, which EASA AD 2018-0289 indicated 
will be deleted from Airworthiness Limitation Section Part 2. Allegiant 
Air stated that if the NPRM becomes an AD, the proposed AD should be 
revised to show that it affects AD 2018-25-02, and it should also 
provide relief to the requirement to include these two ALI tasks in an 
operator's maintenance or inspection program. Allegiant Air further 
commented that EASA AD 2018-0289 states that Airbus Service Bulletin 
A320-53-1330 is a terminating action for the inspections required by 
ALI task 531103, which EASA AD 2018-0289 indicates will be deleted.
    The FAA agrees to clarify. This AD does not supersede or terminate 
AD 2018-25-02. However, ALI tasks 531103-01-2 and 531103-01-3, which 
were incorporated into the maintenance or inspection program as part of 
the revision required by AD 2018-25-02, are affected. This AD allows 
those tasks to be terminated as specified in the provisions of EASA 
2018-0289.
     As specified in paragraph (5) of EASA AD 2018-0289, the 
inspection requirements for ALI task 531103 are cancelled for an 
airplane if the optional terminating action specified in paragraph (5) 
of EASA AD 2018-0289 is done.
     As specified in paragraph (6) of EASA AD 2018-0289, the 
inspection requirements for ALI task 531103 are cancelled at repaired 
door stop locations if the optional terminating action specified in 
paragraphs (6) of EASA AD 2018-0289 is done.
     As specified in paragraph (7) of EASA AD 2018-0289, the 
inspection requirements for ALI task 531103 are cancelled if the 
applicable actions required by paragraphs (1) through (4) of EASA AD 
2018-0289 are done.
    The FAA has not changed this AD in this regard.

Request To Retain Certain Requirements

    An anonymous commenter requested that the proposed AD and 
paragraphs (5) and (6) of EASA AD 2018-0289, dated December 21, 2018, 
be ``retained in any FAA AD.'' The commenter also requested that 
modification using Airbus Service Bulletin A320-53-1330 be counted as a 
terminating action to any FAA AD, and if this is not possible, then the 
commenter requested that the FAA retain the same requirements of 
paragraph (2) of EASA AD 2018-0289.
    The FAA infers that the commenter wants to ensure that the proposed 
requirements and provisions are carried over into the final rule. For 
clarification, paragraphs (2), (5), and (6) of EASA AD 2018-0289 are 
included in the requirements of paragraph (g) of this AD, which 
requires compliance with all required actions and compliance times 
specified in, and in accordance with, EASA AD 2018-0289. All 
provisions, including credit and terminating action specified in EASA 
AD 2018-0289 also apply to this AD. The FAA has not changed this AD in 
this regard.

Request To Revise the Compliance Time

    United Airlines (UAL) requested that ALI task 531103-01-2 be 
carried over in the proposed AD with a compliance time of up to 120 
days from the effective date of the AD or until the ALI is deleted, 
whichever occurs later. UAL commented that EASA AD 2018-0289 specifies 
that ALI tasks 531103-01-2 and 531103-01-3 will be deleted by Airbus at 
the next airworthiness limitations section revision opportunity; 
therefore, there is no reason the ALI task cannot be carried over 
because ALI task 531103-01-2 and Airbus Service Bulletin A320-53-1339 
describe procedures for the same open hole rotating probe high 
frequency eddy current inspection. UAL stated that the ALI task and the 
service information have the same inspection threshold and intervals. 
UAL stated that this will allow operators' maintenance program and 
engineering departments adequate time to transition internal task cards 
and/or engineering orders from the ALI task to the service information 
instructions; transitioning internal documents immediately after 
publication of the proposed AD is not feasible.
    The FAA disagrees with the commenter's request. For clarification, 
EASA AD 2018-0289 is replacing the requirements imposed by ALI tasks 
531103-01-2 and 531103-01-3. This AD, as specified in paragraphs (5), 
(6), and (7) of EASA AD 2018-0289, allows for the termination of the 
ALI tasks if the conditions stated in the applicable paragraph are met. 
Operators have the option to perform the repetitive inspections (no 
change to ALI tasks), or terminate the repetitive inspections by 
complying with the provisions specified in paragraphs (5), (6), or (7) 
of EASA AD 2018-0289. The FAA may issue separate rulemaking in the 
future that will require tasks that will replace the applicable 
existing ALI tasks. The FAA has not revised this AD in this regard.

Request To Use a Certain Repair Drawing

    UAL requested that the FAA allow repair drawing R53113118 to be 
used for repair instructions as an alternative to the corrective action 
specified in paragraph (4) of EASA AD 2018-0289.
    The FAA disagrees with the commenter's request. The repair drawing 
will vary based on the

[[Page 61528]]

configuration of the airplane and the extent of the findings during the 
inspection. However, any person may request approval of an alternative 
method of compliance (AMOC) under the provisions of paragraph (i) of 
this AD. The FAA has not changed 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 2018-0289 describes procedures for repetitive rototest 
inspections of the holes at the door stop fittings for any cracking, 
and corrective actions if necessary. 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 1,229 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.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
33 work-hours x $85 per hour = $2,805........................              $0           $2,805       $3,447,345
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions 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 for On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
51 work-hours x $85 per hour = $4,335.            $350           $4,685
------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition repairs 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 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

    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 adding the following new airworthiness 
directive (AD):

2019-20-10 Airbus SAS: Amendment 39-19763; Docket No. FAA-2019-0254; 
Product Identifier 2019-NM-011-AD.

(a) Effective Date

    This AD is effective December 18, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (4) of this AD, certificated in any

[[Page 61529]]

category, as identified in European Aviation Safety Agency (EASA) AD 
2018-0289, dated December 21, 2018 (``EASA AD 2018-0289'').
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, and -233 
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that cracks were detected on 
frame (FR) 16 and FR 20 web holes and passenger door intercostal 
fitting holes at the door stop fitting locations. The FAA is issuing 
this AD to address such cracking, 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 2018-0289.

(h) Exceptions to EASA AD 2018-0289

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2018-0289 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2018-0289 does not apply 
to this AD.
    (3) Where Table 1 of EASA AD 2018-0289 refers to a compliance 
time ``after 31 May 2017,'' this AD requires using a compliance time 
after May 31, 2018 (the effective date of task 531103-01-1 in ``ALS 
Part 2 rev. 6'').

(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]. 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 2018-0289 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 2018-0289, dated 
December 21, 2018.
    (ii) [Reserved]
    (3) For EASA AD 2018-0289, 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 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. EASA AD 
2018-0289 may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0254.
    (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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on October 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-24508 Filed 11-12-19; 8:45 am]
BILLING CODE 4910-13-P