[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Proposed Rules]
[Pages 33046-33049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11407]



[[Page 33046]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0457; Product Identifier 2020-NM-039-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) 
2018-25-02 and AD 2019-23-01, which apply to certain Airbus SAS Model 
A318 series airplanes; Model A319-111, -112, -113, -114, -115, -131, -
132, and -133 airplanes; Model A320-211, -212, -214, -216, -231, -232, 
-233, -251N, -252N, and -271N airplanes; and Model A321 series 
airplanes. Those ADs require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive maintenance requirements and/or airworthiness limitations. 
Since the FAA issued AD 2018-25-02 and AD 2019-23-01, the agency has 
determined that new or more restrictive airworthiness limitations are 
necessary and models need to be added to the applicability. This 
proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, 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 July 16, 
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 EASA 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.
    For the Airbus material that was previously incorporated by 
reference, contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point 
Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 
93 36 96; fax +33 5 61 93 44 51; email [email protected]; 
internet http://www.airbus.com.
    You may view this IBR material at the FAA, Airworthiness Products 
Section, Operational Safety 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-2020-0457.

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-
0457; 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, 
Large Aircraft Section, International Validation 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-2020-0457; 
Product Identifier 2020-NM-039-AD'' at the beginning of your comments. 
The FAA specifically invite 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 received about this NPRM.

Discussion

    The FAA issued AD 2019-23-01, Amendment 39-19794 (84 FR 66579, 
December 5, 2019) (``AD 2019-23-01''), for certain Airbus SAS Model 
A318 series airplanes; A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes; A320-211, -212, -214, -216, -231, -232, -233, -
251N, -252N, and -271N airplanes; and A321 series airplanes. AD 2019-
23-01 requires revising the existing maintenance or inspection program, 
as applicable, to incorporate new or more restrictive airworthiness 
limitations. AD 2019-23-01 resulted from a determination that new or 
more restrictive airworthiness limitations are necessary. The FAA 
issued AD 2019-23-01 to address fatigue cracking, accidental damage, or 
corrosion in principal structural elements, which could result in 
reduced structural integrity of the airplane. AD 2019-23-01 requires 
airworthiness limitations that are newer or more restrictive than those 
specified in AD 2018-25-02, Amendment 39-19513 (83 FR 62690, December 
6, 2018) (``AD 2018-25-02''). AD 2019-23-01 specifies that 
accomplishing the revision required by paragraph (i) of AD 2019-23-01 
terminates all requirements of AD 2018-25-02.

Actions Since AD 2019-23-01 Was Issued

    Since the FAA issued AD 2019-23-01, the agency has determined that 
new or more restrictive airworthiness limitations are necessary. In 
addition, the FAA has added Model A319-151N and -153N airplanes and 
Model A320-253N, -272N, and -273N airplanes to the applicability of 
this proposed AD.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0036, dated February 26, 2020 
(``EASA AD 2020-0036'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A318 series airplanes; Model A319-
111, -112, -113, -114, -115, -131, -132, -133, -151N, and -153N 
airplanes; Model A320-211, -212, -214, -215, -216, -231, -232, -233, -
251N, -252N, -253N, -271N,

[[Page 33047]]

-272N, and -273N airplanes; and Model A321 series airplanes. EASA AD 
2020-0036 superseded EASA AD 2018-0288 (which corresponds to FAA AD 
2019-23-01). 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.
    Airplanes with an original airworthiness certificate or original 
export certificate of airworthiness issued after October 11, 2019, must 
be in compliance with the airworthiness limitations specified as part 
of the approved type design and referenced on the type certificate data 
sheet; this AD therefore does not include those airplanes in the 
applicability.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address fatigue cracking, accidental damage, or 
corrosion in principal structural elements, which could result in 
reduced structural integrity of the airplane. See the MCAI for 
additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0036 describes new or more restrictive airworthiness 
limitations for damage tolerance of airplane structures.
    This proposed AD would also require Airbus A318/A319/A320/A321 
Airworthiness Limitations Section (ALS) Part 2-Damage Tolerant 
Airworthiness Limitation Items (DT-ALI), Revision 07, dated June 13, 
2018, which the Director of the Federal Register approved for 
incorporation by reference as of January 9, 2020 (84 FR 66579, December 
5, 2019).
    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 retain the requirements of AD 2019-23-01. 
This proposed AD would also require revising the existing maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, which are specified in EASA AD 
2020-0036 described previously, as incorporated by reference. Any 
differences with EASA AD 2020-0036 are identified as exceptions in the 
regulatory text of this proposed AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(l)(1) of this proposed 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 2020-0036 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0036 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 2020-0036 that is required 
for compliance with EASA AD 2020-0036 will be available on the internet 
at https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0457 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,553 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2019-23-01 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. In the past, the agency has estimated that this action 
takes 1 work-hour per airplane. Since operators incorporate maintenance 
or inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. The FAA estimates the total cost per operator for 
the new proposed actions to be $7,650 (90 work-hours x $85 per work-
hour).

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.

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    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

    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
0
a. Removing Airworthiness Directive (AD) 2018-25-02, Amendment 39-19513 
(83 FR 62690, December 6, 2018), and AD 2019-23-01, Amendment 39-19794 
(84 FR 66579, December 5, 2019); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2020-0457; Product Identifier 2020-NM-
039-AD.

(a) Comments Due Date

    The FAA must receive comments by July 16, 2020.

(b) Affected ADs

    This AD replaces AD 2018-25-02, Amendment 39-19513 (83 FR 62690, 
December 6, 2018) (``AD 2018-25-02''), and AD 2019-23-01, Amendment 
39-19794 (84 FR 66579, December 5, 2019) (``AD 2019-23-01'').

(c) Applicability

    This AD applies to Airbus SAS airplanes identified in paragraphs 
(c)(1) through (4) of this AD, certificated in any category, with an 
original certificate of airworthiness or original export certificate 
of airworthiness issued on or before October 11, 2019.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -153N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, 
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, accidental damage, or 
corrosion in principal structural elements, 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) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2019-23-01, with no changes. Accomplishing the maintenance or 
inspection program revision required by paragraph (i) of this AD 
terminates the requirements of this paragraph.
    (1) For airplanes with an original certificate of airworthiness 
or original export certificate of airworthiness issued on or before 
June 13, 2018, except for Model A319-151N and -153N airplanes and 
Model A320-253N, -272N, and -273N airplanes: Within 90 days after 
January 9, 2020 (the effective date of AD 2019-23-01), revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Airbus A318/A319/A320/A321 
Airworthiness Limitations Section (ALS) Part 2-Damage Tolerant 
Airworthiness Limitation Items (DT-ALI), Revision 07, dated June 13, 
2018.
    (2) The initial compliance time for doing the tasks is at the 
time specified in Airbus A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) Part 2-Damage Tolerant Airworthiness 
Limitation Items (DT-ALI), Revision 07, dated June 13, 2018, or 
within 90 days after January 9, 2020, whichever occurs later.

(h) Retained Restriction on Alternative Actions and Intervals with a 
New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2019-23-01, with a new exception. Except as required by paragraph 
(i) of this AD, after the maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (l)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2020-0036, dated February 26, 2020 (``EASA AD 2020-0036''). 
Accomplishing the maintenance or inspection program revision 
required by this paragraph terminates the requirements of paragraph 
(g) of this AD.

(j) Exceptions to EASA AD 2020-0036

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0036 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0036 specifies revising ``the 
AMP'' within 12 months after its effective date, but this AD 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate the ``tasks and associated thresholds and 
intervals'' specified in paragraph (3) of EASA AD 2020-0036 within 
90 days after the effective date of this AD.
    (3) The initial compliance times for doing the tasks specified 
in paragraph (3) of EASA AD 2020-0036 is at the applicable 
``associated thresholds'' specified in paragraph (3) of EASA AD 
2020-0036, or within 90 days after the effective date of this AD, 
whichever occurs later.
    (4) The provisions specified in paragraphs (4), (5), and (6) of 
EASA AD 2020-0036 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0036 does not apply 
to this AD.

(k) New Provisions for Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (i) of this AD, no alternative 
actions (e.g., inspections) or intervals are allowed unless they are 
approved as specified in the provisions of the ``Ref. Publications'' 
section of EASA AD 2020-0036.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch,

[[Page 33049]]

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 (m)(4) 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 2019-23-01 are approved as 
AMOCs for the corresponding provisions of EASA AD 2020-0036 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, Large Aircraft 
Section, International Validation 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.

(m) Related Information

    (1) For information about EASA AD 2020-0036, 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.
    (2) For information about the Airbus material that was 
previously incorporated by reference, contact Airbus SAS, 
Airworthiness Office--EIAS, Rond-Point Emile Dewoitine No: 2, 31700 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 
44 51; email [email protected]; internet http://www.airbus.com.
    (3) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety 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-2020-0457.
    (4) For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223; email [email protected].

    Issued on May 21, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-11407 Filed 5-29-20; 8:45 am]
BILLING CODE 4910-13-P