[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Rules and Regulations]
[Pages 21759-21762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08201]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0978; Product Identifier 2019-NM-163-AD; Amendment 
39-19897; AD 2020-07-18]
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 superseding Airworthiness Directive (AD) 2017-05-
12, which applied to certain Airbus SAS Model A318-112 airplanes; Model 
A319-111, -112, -115, -132, and -133 airplanes; Model A320-214, -232, 
and -233 airplanes; and Model A321-211, -212, -213, -231, and -232 
airplanes. AD 2017-05-12 required a one-time eddy current conductivity 
measurement of certain cabin, cargo compartment, and frame structural 
parts to determine if aluminum alloy with inadequate heat treatment was 
used, and replacement if necessary. This AD retains the requirements of 
AD 2017-05-12, and for certain airplanes, requires additional work, as 
specified in a European Union

[[Page 21760]]

Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
This AD was prompted by a determination that aluminum alloy with 
inadequate heat treatment had been used for additional structural 
parts. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective May 26, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 26, 
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-2019-0978.

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-
0978; 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 2019-0196, dated August 14, 2019 
(``EASA AD 2019-0196'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A318-112 airplanes; Model A319-
111, -112, -115, -132, and -133 airplanes; Model A320-214, -216, -232, 
and -233 airplanes; and Model A321-211, -212, -213, -231, and -232 
airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-05-12, Amendment 39-18823 (82 FR 
13382, March 13, 2017) (``AD 2017-05-12''), which applied to certain 
Airbus SAS Model A318-112 airplanes; Model A319-111, -112, -115, -132, 
and -133 airplanes; Model A320-214, -232, and -233 airplanes; and Model 
A321-211, -212, -213, -231, and -232 airplanes. The NPRM published in 
the Federal Register on December 16, 2019 (84 FR 68376). The NPRM was 
prompted by a determination that aluminum alloy with inadequate heat 
treatment had been used for additional structural parts. The NPRM 
proposed to retain the requirements of AD 2017-05-12, and for certain 
airplanes, would require additional work. The FAA is issuing this AD to 
address structural parts made of aluminum alloy with inadequate heat 
treatment, which could result in reduced structural integrity of the 
airplane.

Comments

    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 Extend Compliance Time

    American Airlines (AAL) asked that the FAA extend the compliance 
time for the additional work required by paragraph (2) of EASA AD 2019-
0196. AAL asked that the compliance time be changed from within 108 
months to within 120 months (10 years) from the date of aircraft 
manufacture due to the nature of the work, and in order for affected 
airplanes to do the work at the next scheduled heavy maintenance check 
opportunity.
    The FAA does not agree with the commenter's request to extend the 
compliance time. AAL did not provide information showing that the 
revised compliance time would provide an adequate level of safety. The 
FAA has determined that the 108-month compliance time in EASA AD 2019-
0196 addresses the identified unsafe condition in a timely manner. In 
developing an appropriate compliance time, EASA considered the degree 
of urgency associated with addressing the subject unsafe condition, the 
average utilization of the affected fleet, and the time necessary to 
perform the additional work. The FAA has determined that the compliance 
time specified in EASA AD 2019-0196 represents an appropriate interval 
of time for affected airplanes to continue to operate without 
compromising safety. However, under the provisions of paragraph (i)(1) 
of this AD, the FAA will consider requests for approval of an extension 
of the compliance time if sufficient data are submitted to substantiate 
that the new compliance time would provide an acceptable level of 
safety. The AD has not been changed in this regard.

Conclusion

    The FAA has reviewed the relevant data, considered the comment 
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 2019-0196 describes procedures for a one-time eddy current 
conductivity measurement of certain cabin, cargo compartment, and frame 
structural parts to determine if aluminum alloy with inadequate heat 
treatment was used, and replacement if necessary. EASA AD 2019-0196 
also describes, for certain airplanes, additional work (a one-time eddy 
current conductivity measurement of certain other structural parts, and 
replacement 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 63 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 21761]]



                                      Estimated Costs for Required Actions
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
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Retained actions from AD 2017-05-  6 work-hours x $85               $0  $510...............  $32,130.
 12.                                per hour = $510.
New actions......................  Up to 7 work-hours               $0  Up to $595.........  Up to $37,485.
                                    x $85 per hour =
                                    Up to $595.
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    The FAA has received no definitive data that enables 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 FAA has included all known costs 
in the cost estimate.

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 removing Airworthiness Directive (AD) 
2017-05-12, Amendment 39-18823 (82 FR 13382, March 13, 2017), and 
adding the following new AD:

2020-07-18 Airbus SAS: Amendment 39-19897; Docket No. FAA-2019-0978; 
Product Identifier 2019-NM-163-AD.

(a) Effective Date

    This AD is effective May 26, 2020.

(b) Affected ADs

    This AD replaces AD 2017-05-12, Amendment 39-18823 (82 FR 13382, 
March 13, 2017) (``AD 2017-05-12'').

(c) Applicability

    This AD applies to the Airbus SAS airplanes identified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2019-0196, dated August 14, 2019 (``EASA AD 2019-0196'').
    (1) Model A318-112 airplanes.
    (2) Model A319-111, -112, -115, -132, and -133 airplanes.
    (3) Model A320-214, -216, -232, and -233 airplanes.
    (4) Model A321-211, -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 determination that aluminum alloy with 
inadequate heat treatment was used for certain structural parts, 
including additional structural parts not addressed in AD 2017-05-
12. The FAA is issuing this AD to address structural parts made of 
aluminum alloy with inadequate heat treatment, which could result in 
reduced 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 2019-0196.

(h) Exceptions to EASA AD 2019-0196

    (1) Where EASA AD 2019-0196 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0196 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].
    (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 2017-05-12 are approved as 
AMOCs for the corresponding provisions of EASA AD 2019-0196 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 2019-0196 that contains RC procedures and 
tests: Except as required by paragraph (i)(2)

[[Page 21762]]

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; 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.
    (3) The following service information was approved for IBR on 
May 26, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0196, 
dated August 14, 2019.
    (ii) [Reserved]
    (4) For information about EASA AD 2019-0196, 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.
    (5) 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-
2019-0978.
    (6) 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 April 7, 2020.
Ross Landes,
Deputy Director for Regulatory Operations,Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-08201 Filed 4-17-20; 8:45 am]
BILLING CODE 4910-13-P