    [Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
    [Rules and Regulations]
    [Pages 53152-53156]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2020-18930]

    =======================================================================
    -----------------------------------------------------------------------

    DEPARTMENT OF TRANSPORTATION

    Federal Aviation Administration

    14 CFR Part 39

    [Docket No. FAA-2020-0201; Product Identifier 2020-NM-007-AD; Amendment
    39-21208; AD 2020-17-03]
    RIN 2120-AA64

    Airworthiness Directives; Airbus SAS Airplanes

    AGENCY: Federal Aviation Administration (FAA), Department of
    Transportation (DOT).

    ACTION: Final rule.

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

    SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
    certain Airbus SAS Model A318-111, -112, -121, and -122 airplanes;
    Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes;
    Model A320-211, -212, -214, -216, -231, -232, and -233 airplanes; and
    Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.
    This AD was prompted by reports of fatigue cracks on continuity
    fittings at the lower framing of the front windshield on airplanes on
    which a certain production modification has been embodied. Additional
    analysis showed that certain certification requirements for damage
    tolerance and fatigue are not met on airplanes in a certain post-
    production modification configuration. This AD requires repetitive high
    frequency eddy current (HFEC) inspections of the central node
    windshield area for cracking, and applicable corrective actions if
    cracking is found, 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 is effective October 2, 2020.
        The Director of the Federal Register approved the incorporation by
    reference of a certain publication listed in this AD as of October 2,
    2020.

    ADDRESSES: 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 ADs@easa.europa.eu; 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.

    [[Page 53153]]

    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-
    0201.

    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-
    0201; 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, 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,
    Large Aircraft Section, International Validation Branch, FAA, 2200
    South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223;
    email sanjay.ralhan@faa.gov.

    SUPPLEMENTARY INFORMATION:

    Discussion

        The EASA, which is the Technical Agent for the Member States of the
    European Union, has issued EASA AD 2020-0005, dated January 13, 2020
    (``EASA AD 2020-0005'') (also referred to as the Mandatory Continuing
    Airworthiness Information, or ``the MCAI''), to correct an unsafe
    condition for certain Airbus SAS Model A318-111, -112, -121, and -122
    airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -133
    airplanes; Model A320-211, -212, -214, -215, -216, -231, -232, and -233
    airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and
    -232 airplanes. 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.
        The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
    CFR part 39 by adding an AD that would apply to certain Airbus SAS
    Model A318-111, -112, -121, and -122 airplanes; Model A319-111, -112, -
    113, -114, -115, -131, -132, and -133 airplanes; Model A320-211, -212,
    -214, -216, -231, -232, and -233 airplanes; and Model A321-111, -112, -
    131, -211, -212, -213, -231, and -232 airplanes. The NPRM published in
    the Federal Register on March 20, 2020 (85 FR 16011). The NPRM was
    prompted by reports of fatigue cracks on continuity fittings at the
    lower framing of the front windshield on airplanes on which a certain
    production modification has been embodied. Additional analysis showed
    that certain certification requirements for damage tolerance and
    fatigue are not met on airplanes in a certain post-production
    modification configuration. The NPRM proposed to require repetitive
    HFEC inspections of the central node windshield area for cracking, and
    applicable corrective actions if cracking is found, as specified in an
    EASA AD.
        The FAA is issuing this AD to address fatigue cracks on continuity
    fittings at the lower framing of the front windshield on airplanes on
    which Airbus Production Modification 22058 (which is included in Airbus
    Modification 21999) has been embodied. Additional analysis showed that
    certain certification requirements for damage tolerance and fatigue are
    not met on airplanes in a post-production Modification 22058
    configuration. The FAA is issuing this AD to address this condition,
    which could lead to failure of the continuity fittings at the lower
    node of the windshield central frame, possibly resulting in
    decompression of the airplane and injury to occupants. See the MCAI for
    additional background information.

    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 Allow Alternative Repair Methods

        United Airlines requested that for the threshold inspection,
    instead of using the inspection procedures specified in Airbus Service
    Bulletin A320-53-1331, dated January 14, 2019 (``Airbus SB A320-53-
    1331''), the final rule allow operators to substitute previous repairs
    done using the procedures in Airworthiness Limitation Item (ALI) task
    531129 [special detailed inspection of center node continuity fittings
    and windshield on the left-hand and right-hand sides] of the Airbus
    Model A318/A319/A320/A321 Airworthiness Limitations Section (ALS), and
    procedures for ongoing repairs that contain unique inspection programs,
    which are described in Airbus SB A320-53-1331. The commenter stated
    that this would prevent discrepancies when operators did threshold
    inspections using the procedures described in Airbus SB A320-53-1331.
    The commenter noted that the inspection procedures in Airbus SB A320-
    53-1331 are based on an assumption that the area of inspection has not
    been repaired.
        In addition, the commenter remarked that paragraph (2) of EASA AD
    2020-0005 partially addresses the issue of inspections done in areas
    that were previously repaired. The commenter pointed out that paragraph
    (2) of EASA AD 2020-0005 addresses only the central lower node
    continuity fittings but that the required inspection involves both the
    windshield frame and central lower node continuity fittings. The
    commenter explained that the central lower node fittings are a portion
    of the general lower windshield frame attachment inspection area. The
    commenter stated that it has airplanes with reinforcement repairs on
    the windshield frame and that those repairs were developed by Airbus.
    The commenter shared that the repair design approval sheet (RDAS)
    provided by Airbus stated ``impact to ALI 531129'' since the repair
    reinforced and covered the windshield frame pockets. The commenter
    concluded that a new inspection method and inspection intervals were
    defined in that RDAS.
        Furthermore, the commenter noted that windshield replacement is a
    substantial cost and burden to operators, and alternative repairs are
    highly desirable to reduce the cost of a windshield frame and
    continuity fitting repair.
        Although the FAA acknowledges the commenter's concern about window
    replacement costs, the agency disagrees with the commenter's request.
    The FAA is not aware of a global RDAS, issued under Airbus SAS's EASA
    Design Organization Approval, that is applicable to the entire U.S.-
    registered airplane fleet. The RDAS issued to United Airlines is
    specific to the configuration of the airplanes in United Airlines'
    fleet. Therefore, the FAA cannot revise corrective actions relative to
    the unsafe condition identified in this AD for the entire U.S.-
    registered fleet based on the United Airlines' fleet configuration,
    which was altered by certain previously approved repairs. Paragraph
    (i)(1) of this AD states that operators may use the procedures found in
    14 CFR 39.19 to request an alternative method of compliance (AMOC) if
    an airplane's configuration does not allow compliance with the
    requirements of an AD.
        In addition, paragraph (7) of EASA AD 2020-0005 specifies that
    accomplishment of inspections using ALI task 531129, as specified in
    table 1 to paragraph (1) of EASA AD 2020-0005, is acceptable for
    compliance with

    [[Page 53154]]

    the requirements of paragraph (1) of EASA AD 2020-0005 for only the
    first inspection that is required after the effective date of that EASA
    AD.
        EASA, the State of Design Authority for these airplane models,
    conducted a risk assessment, along with a cost benefit analysis, and
    developed corrective actions that are required to mitigate the risk of
    the unsafe condition addressed in EASA AD 2020-0005. The FAA finds that
    the service information specified in EASA AD 2020-0005, including the
    modification procedure in Airbus Service Bulletin A320-53-1329, dated
    December 21, 2018 (``Airbus SB A320-53-1329''), is necessary to address
    the unsafe condition. The purpose of the actions specified in Airbus SB
    A320-53-1329 is to prevent cracks on the front windshield frame and
    continuity fitting by installing reinforced parts. Therefore, the FAA
    has not revised this AD regarding this issue.

    Conclusion

        The FAA 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 2020-0005 describes procedures for repetitive HFEC
    inspections of the central node windshield area for cracking, and
    applicable corrective actions if cracking is found. The corrective
    actions include modification or repair. 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 1,203 airplanes of U.S.
    registry. The FAA estimates the following costs to comply with this AD:

                                         Estimated Costs for Required Actions *
    ----------------------------------------------------------------------------------------------------------------
                                                                                        Cost per       Cost on U.S.
                              Labor cost                              Parts cost        product         operators
    ----------------------------------------------------------------------------------------------------------------
    19 work-hours x $85 per hour = $1,615........................              $0           $1,615       $1,942,845
    ----------------------------------------------------------------------------------------------------------------
    * Table does not include estimated costs for reporting.

        The FAA estimates that it would take about 1 work-hour per product
    to comply with the reporting requirement in this AD. The average labor
    rate is $85 per hour. Based on these figures, the FAA estimates the
    cost of reporting the inspection results on U.S. operators to be
    $102,255, or $85 per product.
        The FAA estimates the following costs to do any necessary on-
    condition modifications 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 modifications:

                 Estimated Costs of On-Condition Modifications *
    ------------------------------------------------------------------------
                                                                 Cost per
                  Labor cost                   Parts cost        product
    ------------------------------------------------------------------------
    1,122 work-hours x $85 per hour =             $316,043         $411,413
     $95,370..............................
    ------------------------------------------------------------------------
    * The FAA has received no definitive data that would enable the agency
      to provide cost estimates for the on-condition repairs specified in
      this AD.

    Paperwork Reduction Act

        A federal agency may not conduct or sponsor, and a person is not
    required to respond to, nor shall a person be subject to penalty for
    failure to comply with a collection of information subject to the
    requirements of the Paperwork Reduction Act unless that collection of
    information displays a current valid OMB control number. The control
    number for the collection of information required by this AD is 2120-
    0056. The paperwork cost associated with this AD has been detailed in
    the Costs of Compliance section of this document and includes time for
    reviewing instructions, as well as completing and reviewing the
    collection of information. Therefore, all reporting associated with
    this AD is mandatory. Comments concerning the accuracy of this burden
    and suggestions for reducing the burden should be directed to
    Information Collection Clearance Officer, Federal Aviation
    Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

    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:

    [[Page 53155]]

        (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 adding the following new airworthiness
    directive (AD):

    2020-17-03 Airbus SAS: Amendment 39-21208; Docket No. FAA-2020-0201;
    Product Identifier 2020-NM-007-AD.

    (a) Effective Date

        This AD is effective October 2, 2020.

    (b) Affected ADs

        None.

    (c) Applicability

        This AD applies to Airbus SAS Model airplanes specified in
    paragraphs (c)(1) through (4) of this AD, certificated in any
    category, as identified in European Union Aviation Safety Agency
    (EASA) AD 2020-0005, dated January 13, 2020 (``EASA AD 2020-0005'').
        (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.
        (4) Model A321-111, -112, -131, -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 reports of fatigue cracks on continuity
    fittings at the lower framing of the front windshield on airplanes
    on which Airbus Production Modification 22058 (which is included in
    Airbus Modification 21999) has been embodied. Additional analysis
    showed that certain certification requirements for damage tolerance
    and fatigue are not met on airplanes in a post-production
    Modification 22058 configuration. The FAA is issuing this AD to
    address this condition, which could lead to failure of the
    continuity fittings at the lower node of the windshield central
    frame, possibly resulting in decompression of the airplane and
    injury to occupants.

    (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 2020-0005.

    (h) Exceptions to EASA AD 2020-0005

        (1) Where EASA AD 2020-0005 refers to its effective date, this
    AD requires using the effective date of this AD.
        (2) The ``Remarks'' section of EASA AD 2020-0005 does not apply
    to this AD.
        (3) Paragraph (8) of EASA AD 2020-0005 specifies to report
    inspection results to Airbus within a certain compliance time. For
    this AD, report inspection results at the applicable time specified
    in paragraph (h)(3)(i) or (ii) of this AD.
        (i) If the inspection was done on or after the effective date of
    this AD: Submit the report within 90 days after the inspection.
        (ii) If the inspection was done before the effective date of
    this AD: Submit the report within 90 days after the effective date
    of 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: 9-AVS-AIR-730-AMOC@faa.gov. 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 2020-0005 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.
        (4) Paperwork Reduction Act Burden Statement: A federal agency
    may not conduct or sponsor, and a person is not required to respond
    to, nor shall a person be subject to a penalty for failure to comply
    with a collection of information subject to the requirements of the
    Paperwork Reduction Act unless that collection of information
    displays a current valid OMB Control Number. The OMB Control Number
    for this information collection is 2120-0056. Public reporting for
    this collection of information is estimated to be approximately 1
    hour per response, including the time for reviewing instructions,
    searching existing data sources, gathering and maintaining the data
    needed, and completing and reviewing the collection of information.
    All responses to this collection of information are mandatory as
    required by this AD. Send comments regarding this burden estimate or
    any other aspect of this collection of information, including
    suggestions for reducing this burden to Information Collection
    Clearance Officer, Federal Aviation Administration, 10101 Hillwood
    Parkway, Fort Worth, TX 76177-1524.

    (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 sanjay.ralhan@faa.gov.

    (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 2020-0005,
    dated January 13, 2020.
        (ii) [Reserved]
        (3) For information about EASA AD 2020-0005, contact the EASA,
    Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
    8999 000; email ADs@easa.europa.eu; 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

    [[Page 53156]]

    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-2020-0201.
        (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
    fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

        Issued on August 6, 2020.
    Lance T. Gant,
     Director, Compliance & Airworthiness Division, Aircraft Certification
    Service.
    [FR Doc. 2020-18930 Filed 8-27-20; 8:45 am]
     BILLING CODE 4910-13-P