[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]


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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.

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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 [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.

[[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 [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0005, 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 *
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                                                                                    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..............................
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* 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: [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 2020-0005 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 [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 2020-0005, 
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 [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

[[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 
[email protected], 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