[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Rules and Regulations]
[Pages 63794-63797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0400; Product Identifier 2019-NM-022-AD; Amendment 
39-19776; AD 2019-21-10]
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 all 
Airbus SAS Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes. This AD was prompted by a quality control review, which 
determined that the wrong aluminum alloy was used to manufacture 
several structural parts. This AD requires a one-time eddy current 
conductivity measurement of certain structural parts of the outer flaps 
to determine if the incorrect alloy was used, and replacement 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 24, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 24, 
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-2019-0400.

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-

[[Page 63795]]

0400; 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 EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0012, dated January 24, 2019 
(``EASA AD 2019-0012'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus SAS Model 
A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. The 
NPRM published in the Federal Register on June 7, 2019 (84 FR 26598). 
The NPRM was prompted by a quality control review, which determined 
that the wrong aluminum alloy was used to manufacture several 
structural parts. The NPRM proposed to require a one-time eddy current 
conductivity measurement of certain structural parts of the outer flaps 
to determine if the incorrect alloy was used, and replacement if 
necessary.
    The FAA is issuing this AD to address structural parts made of 
incorrect aluminum alloy, which could result in reduced structural 
integrity of the outer flaps and reduced controllability of the 
airplane. See the MCAI for additional background information.

Explanation of Change to Format of Paragraph Designation References

    The FAA has revised the format used for referring to paragraph 
designations throughout this AD. This change is necessary to meet 
Office of the Federal Register's drafting requirements. For example, 
where the FAA used to say paragraphs (g)(1) and (g)(2) of this AD, the 
FAA now says paragraphs (g)(1) and (2) of this AD. This change does not 
affect the requirements of this AD.

Comment

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

Request To Revise Reporting Requirement

    American Airlines requested that paragraph (h) of the proposed AD 
be changed so operators would be required to report only positive 
findings. The commenter stated that negative findings are not value 
added and only serve to add unnecessary work for operators. In 
addition, the commenter requested that the compliance time for 
reporting findings be extended from 30 days after the inspection to 90 
days after the inspection. The commenter remarked that it creates an 
undue burden for operators to report inspection results within 30 days 
after an inspection.
    The FAA partially agrees with the commenter's request. The FAA 
agrees to extend the compliance time in paragraph (h)(4)(ii) of this 
AD, which applies to inspections done before the effective date of this 
AD. This extension will provide flexibility to operators who have done 
the inspections required by this AD, but have not completed an 
inspection report. However, the FAA does not agree to change the 
compliance time in paragraph (h)(4)(i) of this AD, which applies to 
inspections done on or after the effective date of this AD, because the 
service information referenced in EASA AD 2019-0012 requires reporting 
within 30 days after the inspection is done. If the inspection was done 
on or after the effective date of this AD an operator must submit the 
report within 30 days after the inspection. If the inspection was done 
before the effective date of this AD, an operator must submit the 
report within 90 days after the effective date of this AD.
    The FAA does not agree with the commenter's request to require that 
only positive findings be reported. Airbus uses the information from 
all findings, both positive and negative, to plan and provide 
corrective actions for the unsafe condition identified in this AD. The 
FAA has not revised this AD in regard to this issue.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule with the changes described previously 
and minor editorial changes. The FAA 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.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0012 describes procedures for a one-time eddy current 
conductivity measurement of certain structural parts on the outer flaps 
to determine if an incorrect aluminum alloy was used, and replacement 
of any affected part with a serviceable part.
    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 29 airplanes of U.S. 
registry. The FAA estimates 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
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510...........................              $0             $510          $14,790
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.


[[Page 63796]]

    The FAA estimates that it will take about one work-hour per product 
to comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost of reporting the inspection results on U.S. operators to be 
$2,465, or $85 per product.
    The FAA has received no definitive data that will enable the agency 
to provide cost estimates for the on-condition actions specified in 
this AD.
    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. The FAA does not control warranty coverage for 
affected individuals. As a result, the agency has included all known 
costs in the cost estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Forth Worth, TX 76177-1524.

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):

2019-21-10 Airbus SAS: Amendment 39-19776; Docket No. FAA-2019-0400; 
Product Identifier 2019-NM-022-AD.

(a) Effective Date

    This AD is effective December 24, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A321-111, A321-112, 
A321-131, A321-211, A321-212, A321-213, A321-231, and A321-232 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a quality control review, which 
determined that the wrong aluminum alloy was used to manufacture 
several structural parts. The FAA is issuing this AD to address 
structural parts made of incorrect aluminum alloy, which could 
result in reduced structural integrity of the outer flaps and 
reduced controllability 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, European Aviation Safety Agency (EASA) AD 2019-
0012, dated January 24, 2019 (``EASA AD 2019-0012'').

(h) Exceptions to EASA AD 2019-0012

    (1) Where EASA AD 2019-0012 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0012 does not apply 
to this AD.
    (3) Where paragraph (5) of EASA AD 2019-0012 mandates a parts 
installation limitation, this AD requires the following parts 
installation limitation: From the effective date of this AD, only 
serviceable parts as defined in EASA AD 2019-0012 are allowed to be 
installed on any airplane.
    (4) Where any service information referenced in EASA AD 2019-
0012 specifies reporting, this AD requires reporting all inspection 
results at the applicable time specified in paragraph (h)(4)(i) or 
(ii) of this AD. If operators have reported findings as part of 
obtaining any corrective actions approved by Airbus SAS's EASA 
Design Organization Approval (DOA), operators are not required to 
report those findings as specified in this paragraph.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 90 days after the effective date 
of 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

[[Page 63797]]

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 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 2019-0012 that contains RC procedures and 
tests: Except as required by paragraphs (h)(4) and (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.
    (4) Paperwork Reduction Act Burden Statement: A federal agency 
may not conduct or sponsor, and a person is not required to respond 
to, nor shall a person be subject to a penalty for failure to comply 
with a collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory as 
required by this AD; the nature and extent of confidentiality to be 
provided, if any. Send comments regarding this burden estimate or 
any other aspect of this collection of information, including 
suggestions for reducing this burden to Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

(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 2019-0012, dated 
January 24, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0012, 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. This 
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0400.
    (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 November 1, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-24994 Filed 11-18-19; 8:45 am]
 BILLING CODE 4910-13-P