[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Rules and Regulations]
[Pages 44453-44456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15882]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Rules 
and Regulations  

[[Page 44453]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0577; Product Identifier 2020-NM-041-AD; Amendment 
39-21159; AD 2020-14-05]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes. This AD was prompted by an analysis by the design 
approval holder (DAH) that identified structural areas that are 
susceptible to widespread fatigue damage (WFD). Following this 
analysis, the DAH determined that the SATCOM antenna doubler 
installation does not meet the extended service goal (ESG) 
requirements. This AD requires inspecting affected fastener holes of 
the SATCOM antenna doubler for cracking, and applicable corrective 
actions, 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 becomes effective August 7, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 7, 
2020.
    The FAA must receive comments on this AD by September 8, 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 AD that is 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, 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-2020-0577.

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-
0577; 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 AD, 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: 

Discussion

    Fatigue damage can occur locally, in small areas or structural 
design details, or globally, in widespread areas. Multiple-site damage 
is widespread damage that occurs in a large structural element such as 
a single rivet line of a lap splice joining two large skin panels. 
Widespread damage can also occur in multiple elements such as adjacent 
frames or stringers. Multiple-site damage and multiple-element damage 
cracks are typically too small initially to be reliably detected with 
normal inspection methods. Without intervention, these cracks will 
grow, and eventually compromise the structural integrity of the 
airplane. This condition is known as WFD. It is associated with general 
degradation of large areas of structure with similar structural details 
and stress levels. As an airplane ages, WFD will likely occur, and will 
certainly occur if the airplane is operated long enough without any 
intervention.
    An FAA final rule (``Aging Airplane Program: Widespread Fatigue 
Damage;'' 75 FR 69746, November 15, 2010) became effective on January 
14, 2011 and amended 14 CFR parts 25, 26, 121, and 129 (commonly known 
as the WFD rule). The WFD rule requires certain actions to prevent 
structural failure due to WFD throughout the operational life of 
certain existing transport category airplanes and all of these 
airplanes that will be certificated in the future. Design approval 
holders (DAHs) of existing and future airplanes subject to the WFD rule 
are required to establish a limit of validity (LOV) of the engineering 
data that support the structural maintenance program. Operators 
affected by the WFD rule may not fly an airplane beyond its LOV, unless 
an extended LOV is approved.
    The WFD rule does not require identifying and developing 
maintenance actions if the DAHs can show that such actions are not 
necessary to prevent WFD before the airplane reaches the LOV. Many 
LOVs, however, do depend on accomplishment of future maintenance 
actions. As stated in the WFD rule, any maintenance actions necessary 
to reach the LOV will be mandated by airworthiness directives through 
separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to 
propose LOVs that allow operators the longest

[[Page 44454]]

operational lives for their airplanes, and still ensure that WFD will 
not occur. This approach allows for an implementation strategy that 
provides flexibility to DAHs in determining the timing of service 
information development (with FAA approval), while providing operators 
with certainty regarding the LOV applicable to their airplanes.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0052, dated March 10, 2020 
(``EASA AD 2020-0052'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A319-111, -112, -113, -114, -
115, -131, -132, and -133 airplanes.
    This AD was prompted by an analysis by the DAH that identified 
structural areas that are susceptible to WFD. Following this analysis, 
the DAH determined that the SATCOM antenna doubler installation does 
not meet the ESG requirements. The FAA is issuing this AD to address 
this condition, which could lead to crack initiation and undetected 
propagation and consequent reduced structural integrity of the 
airplane. See the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0052 describes procedures for a special detailed 
inspection (SDI) of the affected fastener holes of the SATCOM antenna 
doubler for cracking, and applicable corrective actions. Corrective 
actions include modifying fastener holes, installing a new SATCOM 
antenna doubler, and repairing cracking.
    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

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the agency'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 issuing this AD because the FAA evaluated 
all pertinent information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2020-0052, 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 2020-0052 
is incorporated by reference in this final rule. This AD, therefore, 
requires compliance with EASA AD 2020-0052 in its entirety, through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this 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 2020-0052 that is 
required for compliance with EASA AD 2020-0052 is available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-0577.

FAA's Justification and Determination of the Effective Date

    Since there are currently no domestic operators of these products, 
notice and opportunity for public comment before issuing this AD are 
unnecessary. In addition, for the reasons stated above, the FAA finds 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites you to send any written relevant data, 
views, or arguments about this AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0577; 
Product Identifier 2020-NM-041-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. The FAA will 
consider all comments received by the closing date and may amend this 
AD based on those comments.
    The FAA will post all comments the FAA receives, 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 the FAA receives about this AD.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, the FAA provides the following cost estimates to comply with 
this AD:

                  Estimated Costs for Required Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
10 work-hours x $85 per hour = $850...              $0             $850
------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:

[[Page 44455]]



                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
            Labor cost                Parts cost      Cost per product
------------------------------------------------------------------------
Up to 206 work-hours x $85 per            $11,300   Up to $28,810.*
 hour = Up to $17,510 *.
------------------------------------------------------------------------
* Table does not include costs for the on-condition repair if cracking
  is found.

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition repair specified 
in this AD.

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

    The FAA determined that 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, and
    (2) Will not affect intrastate aviation in Alaska.

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):

2020-14-05 Airbus SAS: Amendment 39-21159; Docket No. FAA-2020-0577; 
Product Identifier 2020-NM-041-AD.

(a) Effective Date

    This AD becomes effective August 7, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A319-111, -112, -113, -114, 
-115, -131, -132, and -133 airplanes, certificated in any category, 
as identified in European Union Aviation Safety Agency (EASA) AD 
2020-0052, dated March 10, 2020 (``EASA AD 2020-0052'').

(d) Subject

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

(e) Reason

    This AD was prompted by an analysis by the design approval 
holder (DAH) that identified structural areas that are susceptible 
to widespread fatigue damage (WFD). Following this analysis, the DAH 
determined that the SATCOM antenna doubler installation does not 
meet the extended service goal (ESG) requirements. The FAA is 
issuing this AD to address this condition, which could lead to crack 
initiation and undetected propagation and consequent 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 2020-0052.

(h) Exceptions to EASA AD 2020-0052

    (1) Where EASA AD 2020-0052 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0052 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, 
Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation 
Branch, 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, 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.
    (3) Required for Compliance (RC): For any service information 
referenced in EASA AD 2020-0052 that contains RC procedures and 
tests: Except as required by (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, Large Aircraft Section, International Validation 
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.

[[Page 44456]]

    (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 2020-0052, 
dated March 10, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0052, 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, 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-2020-0577.
    (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 July 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-15882 Filed 7-22-20; 8:45 am]
BILLING CODE 4910-13-P