[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Rules and Regulations]
[Pages 15919-15922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05707]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0863; Product Identifier 2019-NM-157-AD; Amendment 
39-19867; AD 2020-05-17]
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 A318-112, A319-111, A319-112, A319-113, A319-
114, A319-115, A319-131, A319-132, A319-133, A320-211, A320-212, A320-
214, A320-216, A320-231, A320-232, A320-233, A320-251N, and A320-271N 
airplanes. This AD was prompted by a report of marginal clearance 
between certain fuel sensor covers on both left-hand (LH) and right-
hand (RH) wings. This AD requires the replacement of certain fuel level 
sensor brackets, 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 24, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 24, 
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-2019-0863.

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-
0863; 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: 

[[Page 15920]]

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0197, dated August 14, 2019 
(``EASA AD 2019-0197'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A318-112, A319-111, A319-112, 
A319-113, A319-114, A319-115, A319-131, A319-132, A319-133, A320-211, 
A320-212, A320-214, A320-215, A320-216, A320-231, A320-232, A320-233, 
A320-251N, and A320-271N airplanes. Model A320-215 airplanes are not 
certified by the FAA and are not included on the U.S. type certificate 
data sheet; this AD therefore does not include those airplanes in the 
applicability.
    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 A318-112, A319-111, A319-112, A319-113, A319-114, A319-115, A319-
131, A319-132, A319-133, A320-211, A320-212, A320-214, A320-215, A320-
216, A320-231, A320-232, A320-233, A320-251N, and A320-271N airplanes. 
The NPRM published in the Federal Register on November 7, 2019 (84 FR 
60001). The NPRM was prompted by a report of marginal clearance between 
certain fuel sensor covers on both LH and RH wings. The NPRM proposed 
to require the replacement of certain fuel level sensor brackets.
    The FAA is issuing this AD to address marginal clearance between 
certain fuel sensor covers on rib 24 and the crown of stringer 15 on 
both LH and RH wings. A possible contact between the shield and the 
stringer, and/or possible motion between the stringer and the shield, 
can make the gap more susceptible to sparking in case of lightning 
strike. This condition could create a source of ignition in a fuel tank 
vapor space, possibly resulting in a fire or explosion and consequent 
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 following presents the comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    Air Line Pilots Association, International (ALPA) agreed with the 
intent of the NPRM.

Request To Clarify Affected Airplanes and Instructions

    American Airlines (AAL) requested that the NPRM be revised to 
clarify the affected airplanes. AAL stated that clarification is needed 
on which airplanes fall outside of Group 1, 2, or 3, but still have not 
embodied Airbus modification (mod) 158133 and are therefore affected by 
EASA AD 2019-0197. AAL requested instructions on how to comply with the 
actions specified in the proposed AD for those airplanes in ``Group 4'' 
(EASA AD 2019-0197 defines Group 1, 2, and 3 only). Alternatively, AAL 
recommended that the proposed AD applicability reflect Group 1, 2, and 
3 airplanes only.
    The FAA agrees to clarify. This AD applies to Airbus airplanes 
referenced in paragraph (c) of this AD as identified in EASA AD 2019-
0197, i.e., those that have not embodied Airbus modification 158133. If 
modification 158133 is not installed on an airplane, and none of the 
criteria associated with the definitions of Group 1, 2, or 3 airplanes 
is met, then those airplanes (referred to as group 4 by the commenter) 
are subject only to paragraph (4) of EASA AD 2019-0197, which contains 
parts installation requirements. Paragraph (4) of EASA AD 2019-0197 
also applies to Group 1, 2, and 3 airplanes. The FAA has not changed 
this AD in this regard.

Request To Clarify Actions for Certain Airplanes

    United Airlines (UAL) stated its fleet will be identified as Group 
3 as specified in EASA AD 2019-0197 because Airbus Service Bulletin 
A320-28-1216 is being implemented on its entire fleet. UAL noted that 
if it were to incorporate Airbus Service Bulletin A320-57-1193 on its 
fleet, Airbus would need to be contacted for instructions. The FAA 
infers UAL is requesting that the FAA clarify the actions for Group 2 
and Group 3 airplanes.
    The FAA agrees to clarify. Group 3 airplanes are those having 
embodied Airbus Service Bulletin A320-28-1216 but not Airbus Service 
Bulletin A320-57-1193. However, once operators incorporate Airbus 
Service Bulletin A320-28-1216 and Airbus Service Bulletin A320-57-1193 
on an airplane, that airplane is a Group 2 airplane as defined in EASA 
AD 2019-0197; operators then must comply with the requirements of this 
AD that correspond to the actions specified in paragraph (2) of EASA AD 
2019-0197. The FAA also acknowledges UAL's comment regarding operators 
needing to contact Airbus prior to incorporating Airbus Service 
Bulletin A320-57-1193, as specified in paragraph (3) of EASA AD 2019-
0197. The FAA has not changed this AD in this regard.

Request To Exclude Airplanes

    Spirit Airlines requested that airplanes without factory 
modification 160001 be excluded from the requirements of the proposed 
AD. Spirit Airlines stated that if the proposed AD is applicable to 
aircraft without the production modification 160001, then EASA AD 2019-
0197 gives no method of compliance. Spirit Airlines stated its 
airplanes do not fall within Group 1, Group 2, or Group 3, as specified 
in EASA AD 2019-0197. Spirit Airlines noted that the applicability 
section of EASA AD 2019-0197 excludes only aircraft with factory 
modification 158133.
    The FAA disagrees with the commenter's request. If Airbus 
modification 158133 is not installed, and none of the criteria 
associated with the definitions for Group 1, 2, and 3 airplanes is met, 
then those airplanes are still subject to the parts installation 
requirements of this AD, as specified in paragraph (4) of EASA AD 2019-
0197. Paragraph (4) of EASA AD 2019-0197 applies to all airplanes 
identified in paragraph (c), ``Applicability,'' of this AD, which 
includes all manufacturer serial numbers (MSN) of the referenced 
models, except those having Airbus modification 158133 embodied in 
production. 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 2019-0197 describes procedures for the replacement of 
certain fuel level sensor brackets. 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.

[[Page 15921]]

Costs of Compliance

    The FAA estimates that this AD affects 776 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 on U.S.
                       Labor cost                            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Up to 7 work-hour x $85 per hour = Up to $595..........         Up to $609       Up to $1,204    Up to $934,304.
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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, 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):

2020-05-17 Airbus SAS: Amendment 39-19867; Docket No. FAA-2019-0863; 
Product Identifier 2019-NM-157-AD.

(a) Effective Date

    This AD is effective April 24, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A318-112, A319-111, A319-
112, A319-113, A319-114, A319-115, A319-131, A319-132, A319-133, 
A320-211, A320-212, A320-214, A320-216, A320-231, A320-232, A320-
233, A320-251N, and A320-271N airplanes, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2019-0197, dated August 14, 2019 (``EASA AD 2019-0197'').

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by a report of marginal clearance between 
certain fuel sensor covers on rib 24 and the crown of stringer 15 on 
both left-hand (LH) and right-hand (RH) wings. A possible contact 
between the shield and the stringer, and/or possible motion between 
the stringer and the shield, can make the gap more susceptible to 
sparking in case of lightning strike. The FAA is issuing this AD to 
address this condition, which could create a source of ignition in a 
fuel tank vapor space, possibly resulting in a fire or explosion and 
consequent 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 2019-0197.

(h) Exceptions to EASA AD 2019-0197

    (1) Where EASA AD 2019-0197 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0197 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]. 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 2019-0197 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,

[[Page 15922]]

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 2019-0197, 
dated August 14, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0197, 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-
2019-0863.
    (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 March 7, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-05707 Filed 3-19-20; 8:45 am]
 BILLING CODE 4910-13-P