[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11277-11279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03966]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0727; Product Identifier 2019-NM-090-AD; Amendment 
39-19840; AD 2020-03-15]
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 A321-211, -212, -213, -231, and -232 
airplanes. This AD was prompted by a report of erroneous positioning of 
affected parts on the skin of the fuselage during the pre-drill phase, 
which could result in unwanted drill-starts. This AD requires 
inspections for the presence of unwanted drill-starts on affected 
parts, and an inspection for cracks and corrective action if necessary, 
as specified in a European Union 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 April 2, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 2, 
2020.

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-2019-0727.

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-
0727; 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; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0098, dated May 3, 2019 (``EASA 
AD 2019-0098'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A321-211, -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 certain Airbus SAS 
Model A321-211, -212, -213, -231, and -232 airplanes. The NPRM 
published in the Federal Register on October 28, 2019 (84 FR 57657). 
The NPRM was prompted by a report of erroneous positioning of affected 
parts (internal upper doublers of the forward emergency exit doors (#2 
position), left-hand and right-hand sides) on the skin of the fuselage 
during the pre-drill phase, which could result in unwanted drill-
starts. The NPRM proposed to require inspections for the presence of 
unwanted drill-starts on affected parts, and an inspection for cracks 
and corrective action if necessary.
    The FAA is issuing this AD to address unwanted drill-starts, which 
could affect the fatigue properties of affected fuselage skin parts and 
possibly result

[[Page 11278]]

in cracking of fuselage skin. See the MCAI for additional background 
information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has considered the comment 
received. An anonymous person stated support for the NPRM.

Change Made to This Final Rule

    EASA AD 2019-0098, which is referenced in paragraph (g) of this AD, 
specifies to report inspection results to Airbus within a certain 
compliance time. The FAA has added paragraph (h)(3) to this AD to 
clarify the compliance times for the reporting required by this AD.

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 change described previously 
and 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.
    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 2019-0098 describes procedures for inspections for the 
presence of unwanted drill-starts on affected parts (internal upper 
doublers of the forward emergency exit doors (#2 position), left-hand 
and right-hand sides), high frequency eddy current (HFEC) inspections 
for cracks, and corrective actions including repair of cracked parts. 
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 51 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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            Labor cost                Parts cost           Cost per product           Cost on U.S.  operators
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Up to 73 work-hours x $85 per hour              $0  Up to $6,205.................  Up to $316,455.
 = Up to $6,205.
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    The FAA estimates that it would take about 1 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 
$4,335, or $85 per product.
    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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93 work-hours x $85 per hour =              $4,300              $12,205
 $7,905.......................
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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, Fort 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.

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,

[[Page 11279]]

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):

AD 2020-03-15 Airbus SAS: Amendment 39-19840; Docket No. FAA-2019-
0727; Product Identifier 2019-NM-090-AD.

(a) Effective Date

    This AD is effective April 2, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A321-211, -212, -213, -231, 
and -232 airplanes, certificated in any category, as identified in 
European Union Aviation Safety Agency (EASA) AD 2019-0098, dated May 
3, 2019 (``EASA AD 2019-0098'').

(d) Subject

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

(e) Reason

    This AD was prompted by a report of erroneous positioning of 
affected parts on the skin of the fuselage during the pre-drill 
phase, which could result in unwanted drill-starts. The FAA is 
issuing this AD to address unwanted drill-starts, which could affect 
the fatigue properties of affected fuselage skin parts and possibly 
result in cracking of fuselage skin.

(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 2019-0098.

(h) Exceptions to EASA AD 2019-0098

    For purposes of determining compliance with the requirements of 
this AD:
    (1) Where EASA AD 2019-0098 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0098 does not apply 
to this AD.
    (3) Paragraph (3) of EASA AD 2019-0098 specifies to report 
inspection results to Airbus within a certain compliance time. For 
this AD, report inspection results at the applicable time specified 
in paragraph (h)(3)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 90 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 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 2019-0098 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.
    (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, 
searching existing data sources, gathering and maintaining the data 
needed, and 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; email [email protected].

(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 Union Aviation Safety Agency (EASA) AD 2019-0098, 
dated May 3, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0098, 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-
2019-0727.
    (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 on February 7, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-03966 Filed 2-26-20; 8:45 am]
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