[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Rules and Regulations]
[Pages 52260-52263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18539]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0682; Product Identifier 2020-NM-090-AD; Amendment 
39-21202; AD 2020-16-18]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A310 series airplanes. This AD was prompted by reports 
of cracking found at certain fuselage frames. This AD requires 
repetitive inspections for discrepancies of certain locations in and 
around the fuselage 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 September 9, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 9, 
2020.
    The FAA must receive comments on this AD by October 9, 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 material incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 
221 8999 000; 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

[[Page 52261]]

the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-0682.

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-
0682; 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: Dan Rodina, Aerospace Engineer, Large 
Aircraft Section, International Validation Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax: 206-231-3225; 
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 2020-0112R1, dated May 27, 2020 
(``EASA AD 2020-0112R1'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A310-203, -204, -221, -222, -304, -
322, -324, and -325 airplanes.
    This AD was a prompted by reports of cracking found at certain 
fuselage frames. The FAA is issuing this AD to address crack initiation 
and propagation, which could result in reduced structural integrity of 
the fuselage. See the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0112R1 describes procedures for repetitive rototest 
and high frequency eddy current inspections for discrepancies of the 
fuselage internal structure from frame (FR) 2 to FR 4, windshield frame 
lower section and closing panel; repetitive low frequency eddy current 
inspections for discrepancies of the stringer couplings in 
circumferential junction areas at FR40/41, from stringer 13 to the 
crown center line internal surface; and applicable corrective actions 
(repair of discrepancies). 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 our 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 
2020-0112R1 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-
0112R1 is incorporated by reference in this final rule. This AD, 
therefore, requires compliance with EASA AD EASA AD 2020-0112R1 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 EASA 
AD 2020-0112R1 that is required for compliance with EASA AD 2020-0112R1 
is available on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0682.

FAA's Justification and Determination of the Effective Date

    There are currently no domestic operators of these products. 
Therefore, the FAA finds that notice and opportunity for prior public 
comment are unnecessary and 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-2020-0682; 
Product Identifier 2020-NM-090-AD'' at the beginning of your comments. 
The most helpful comments reference a specific portion of the proposal, 
explain the reason for any recommended change, and include supporting 
data. The FAA will consider all comments received by the closing date 
and may amend this AD based on those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, 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.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this final rule, request for 
comments, contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this final rule, request for 
comments, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this final rule, request for comments. Submissions containing 
CBI should be sent to the person identified in the FOR FURTHER 
INFORMATION CONTACT section. Any commentary that the FAA receives

[[Page 52262]]

which is not specifically designated as CBI will be placed in the 
public docket for this rulemaking.

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
------------------------------------------------------------------------
90 work-hours x $85 per hour = $7,650.              $0           $7,650
------------------------------------------------------------------------

    The FAA has received no definitive data that would enable providing 
cost estimates for the on-condition actions 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):

2020-16-18 Airbus SAS: Amendment 39-21202; Docket No. FAA-2020-0682; 
Product Identifier 2020-NM-090-AD.

(a) Effective Date

    This AD becomes effective September 9, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A310-203, -204, -221, -
222, -304, -322, -324, and -325 airplanes, certificated in any 
category.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracking found at certain 
fuselage frames. The FAA is issuing this AD to address crack 
initiation and propagation, which could result 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, European Union Aviation Safety Agency (EASA) AD 
2020-0112R1, dated May 27, 2020 (``EASA AD 2020-0112R1'').

(h) Exceptions to EASA AD 2020-0112R1

    (1) Where EASA AD 2020-0112R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0112R1 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 2020-0112R1 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

[[Page 52263]]

changes to procedures or tests identified as RC require approval of 
an AMOC.

(j) Related Information

    For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax: 206-231-3225; 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 2020-0112R1, 
dated May 27, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0112R1, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; 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-2020-0682.
    (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 30, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-18539 Filed 8-24-20; 8:45 am]
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