[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Proposed Rules]
[Pages 20203-20205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07463]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0327; Product Identifier 2020-NM-033-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2016-18-09, which applies to certain Airbus SAS Model A318, A319, and 
A320 series airplanes. AD 2016-18-09 requires repetitive detailed 
inspections for damage on the fuselage skin at certain frames, and 
applicable related investigative and corrective actions. Since the FAA 
issued AD 2016-18-09, additional chafing of the forward fuselage 
underneath the fairing structure was found. Investigation revealed the 
cause as contact between the belly fairing nut plate and the fuselage. 
This proposed AD would continue to require repetitive inspections of 
the fuselage skin for chafing damage at certain frames using a new 
inspection process, and corrective actions if necessary, as specified 
in a European Union Aviation Safety Agency (EASA) AD, which will be 
incorporated by reference. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 26, 
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be 
incorporated by reference (IBR), 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-2020-0327.

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-2020-
0327; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

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: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2020-0327; 
Product Identifier 2020-NM-033-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact receives about this NPRM.

Discussion

    The FAA issued AD 2016-18-09, Amendment 39-18639 (81 FR 61993, 
September 8, 2016) (``AD 2016-18-09''), which applied to certain Airbus 
SAS Model A318, A319, and A320 series airplanes. AD 2016-18-09 requires 
repetitive detailed inspections for damage on the fuselage skin at 
certain frames, and applicable related investigative and corrective 
actions. The FAA issued AD 2016-18-09 to address damage to the fuselage 
skin, which could lead to crack initiation and propagation, possibly 
resulting in reduced structural integrity of the fuselage.

Actions Since AD 2016-18-09 Was Issued

    Since the FAA issued AD 2016-18-09, additional chafing of the 
forward fuselage underneath the fairing structure was found. 
Investigation revealed the cause as contact between the belly fairing 
nut plate and the fuselage; therefore, Airbus issued Service Bulletin 
A320-53-1287, Revision 01, dated April 4, 2019, to include process 
changes to ensure the electrical requirement integrity.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0030, dated February 18, 2020 
(``EASA AD 2020-0030'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A318 series airplanes; Model 
A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; and 
Model A320-211, -212, -214, -215, -216, -231, -232, and -233 airplanes. 
EASA AD 2020-0030 supersedes EASA AD 2014-0259 (which corresponds to 
FAA AD 2016-18-09).
    Model A320-215 airplanes are not certificated by the FAA and are 
not included on the U.S. type certificate data sheet; therefore, this 
AD does not include those airplanes in the applicability.
    This proposed AD was prompted by a report of additional chafing of 
the forward fuselage underneath the fairing structure. Investigation 
revealed the cause as contact between the belly fairing nut plate and 
the fuselage. The FAA is proposing this AD to address damage to the 
fuselage skin, which could lead to crack initiation and propagation, 
possibly resulting in reduced structural integrity of the fuselage. See 
the MCAI for additional background information.

Model A320-216 Airplanes

    The Airbus SAS Model A320-216 was U.S. type certificated on 
December 19, 2016. Before that date, any EASA ADs that affected Model 
A320-216 airplanes were included in the U.S. type certificate as part 
of the Required

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Airworthiness Actions List (RAAL). One or more Model A320-216 airplanes 
have subsequently been placed on the U.S. Register, and will now be 
included in FAA AD actions. For Model A320-216 airplanes, the 
requirements that correspond to FAA AD 2016-18-09 were mandated by the 
MCAI via the RAAL. Although that RAAL requirement is still in effect, 
for continuity and clarity the FAA has identified Model A320-216 
airplanes in paragraph (c) of this AD.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2016-18-09, this proposed AD would retain all of the 
requirements of AD 2016-18-09. Those requirements are referenced in 
EASA AD 2020-0030, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0030 describes procedures for repetitive inspections 
of the fuselage skin for chafing damage at certain frames, and 
applicable corrective actions if damage is found. The corrective 
actions include a special detailed inspection of external fuselage skin 
panel for any cracking, measurement of crack length and remaining 
thickness, modification, and repair. EASA AD 2020-0030 also provides an 
optional terminating action (modification of the forward belly fairing) 
for the repetitive inspections. 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.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the FAA 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0030 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2020-0030 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0030 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in the EASA AD. Service information specified 
in EASA AD 2020-0030 that is required for compliance with EASA AD 2020-
0030 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-0327 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,538 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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                                                               Parts                               Cost on U.S.
               Action                      Labor cost           cost        Cost per product         operators
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Retained actions from AD 2016-18-09  12 work-hours x $85           $90  $1,110..................      $1,691,800
                                      per hour = $1,020.
New proposed actions...............  13 work-hours x $85           150  1,255...................       1,930,190
                                      per hour = $1,105.
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                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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21 work-hours x $85 per hour = $1,785.          $3,550           $5,335
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                  Estimated Costs for Optional Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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21 work-hours x $85 per hour = $1,785.          $4,150           $5,935
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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

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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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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) 
2016-18-09, Amendment 39-18639 (81 FR 61993, September 8, 2016) and 
adding the following new AD:

Airbus SAS: Docket No. FAA-2020-0327; Product Identifier 2020-NM-
033-AD.

(a) Comments Due Date

    The FAA must receive comments by May 26, 2020.

(b) Affected ADs

    This AD replaces AD 2016-18-09, Amendment 39-18639 (81 FR 61993, 
September 8, 2016) (``AD 2016-18-09'').

(c) Applicability

    This AD applies to Airbus SAS Model airplanes specified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2020-0030, dated February 18, 2020 (``EASA AD 2020-
0030'').
    (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.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of additional chafing of the 
forward fuselage underneath the fairing structure. Investigation 
revealed the cause as contact between the belly fairing nut plate 
and the fuselage. The FAA is issuing this AD to address damage to 
the fuselage skin, which could lead to crack initiation and 
propagation, possibly resulting in reduced structural integrity of 
the fuselage.

(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 2020-0030.

(h) Exceptions to EASA AD 2020-0030

    (1) Where EASA AD 2020-0030 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0030 does not apply 
to this AD.
    (3) Where EASA AD 2020-0030 refers to the effective date of EASA 
AD 2014-0259, this AD requires using October 13, 2016 (the effective 
date of AD 2016-18-09).
    (4) Where EASA AD 2020-0030 refers to doing actions ``in 
accordance with the instructions of'' the service information, for 
this AD, only use paragraph 3.C., ``Procedure,'' of the service 
information.

(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)(2) of this AD. Information 
may be emailed to: [email protected].
    (i) 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.
    (ii) AMOCs approved previously for AD 2016-18-09 are approved as 
AMOCs for the corresponding provisions of EASA AD 2020-0030 that are 
required by paragraph (g) of this AD.
    (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 2020-0030 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

    (1) For information about EASA AD 2020-0030, 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. 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-2020-0327.
    (2) 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].

    Issued on April 3, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-07463 Filed 4-9-20; 8:45 am]
 BILLING CODE 4910-13-P