[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Rules and Regulations]
[Pages 54893-54896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19401]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0332; Product Identifier 2020-NM-037-AD; Amendment 
39-21227; AD 2020-18-06]
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 series 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 a report that cracks were detected on the left-hand (LH) and right-
hand (RH) sides of the first rivet hole of the frame (FR) 43 foot 
coupling during scheduled maintenance. This AD requires a rotating 
probe test of the fastener holes at FR43 on the LH and RH sides for any 
cracking, and on-condition actions if necessary, 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 8, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 8, 
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

[[Page 54894]]

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-2020-0332.

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-
0332; 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, 
International Section, Transport Standards 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 2020-0037, dated February 27, 2020; 
corrected February 28, 2020 (``EASA AD 2020-0037'') (also referred to 
as the Mandatory Continuing Airworthiness Information, or ``the 
MCAI''), to correct an unsafe condition for certain Airbus SAS Model 
A318 series 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 
certificated 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 series 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 April 17, 2020 (85 FR 21334). The NPRM was prompted by a 
report that cracks were detected on the LH and RH sides of the first 
rivet hole of the FR43 foot coupling during scheduled maintenance. The 
NPRM proposed to require a rotating probe test of the fastener holes at 
FR43 on the LH and RH sides for any cracking, and on-condition actions 
if necessary, as specified in an EASA AD.
    The FAA is issuing this AD to address cracking in the foot 
coupling, which could affect the structural integrity of the airplane. 
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 comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    Olivia Lawless stated support for the NPRM.

Request for Operator Training

    Olivia Lawless requested that training for operators should be 
implemented, or at least explored. The commenter stated concern about 
the implications that may result from requiring ``on-condition actions 
including a high frequency eddy current (rototest) inspection for 
cracks of the affected fastener holes, modification, and repair.'' The 
commenter noted that the NPRM suggests that the materials are available 
through the parties' normal course of business, however, it would be 
unlikely that employees would know how to perform these tests, or how 
to determine when on-condition actions occur without significant 
amounts of training.
    The FAA agrees to clarify. The service information needed to comply 
with the required actions will be available in the AD docket. That 
service information contains detailed instructions for operators and 
their employees to follow. In addition, the FAA notes that it is the 
operators' responsibility to have adequate tools and provide adequate 
training for its employees to accomplish the required actions in an AD. 
The FAA has not changed this AD in this regard.

Request To Revise the Compliance Time

    Delta Airlines (DAL) requested that the compliance time be limited 
to flight cycles and not flight hours. DAL stated that Airbus Service 
Bulletin A320-53-1269, Revision 02, dated February 7, 2019, specifies 
that the cracks which prompted the development of modification 153126 
and modification 153742, were identified as a part of the full scale 
fatigue test campaign. DAL commented that because the failure mode is 
fatigue driven, there is no reason to include a compliance time 
requirement based upon flight hours.
    The FAA disagrees with the commenter's request. The requirements in 
this AD align with the requirements specified in EASA AD 2020-0037, 
which include compliance times in both flight hours and flight cycles. 
In addition, the FAA notes that the commenter did not submit any 
substantiating data to support using only a flight cycle requirement. 
However, under the provisions of paragraph (j)(1) of this AD, the FAA 
will consider requests for approval of a revision to the compliance 
time if sufficient data are submitted to substantiate that the change 
would provide an acceptable level of safety. The FAA has not changed 
this AD in this regard.

Request To Use an Alternate Chemical Corrosion Surface Pretreatment

    DAL requested the use of CML 10ABE1 as a more appropriate choice of 
a chemical corrosion surface pretreatment. DAL stated that after the 
cold expansion is completed using Airbus Structural Repair Manual (SRM) 
51-48-00, but prior to the installation of the new fastener, Airbus 
Service Bulletin A320-53-1270, Revision 02, dated April 11, 2014, 
specifies an application of chemical conversion surface pretreatment 
CML 10ABC1, which is intended for use in fuel tank applications.
    The FAA disagrees with the commenter's request. The FAA has not 
received any information from either the state of design, EASA, or 
Airbus allowing alternate CML 10ABE1. CML 10ABC1 is a suitable 
pretreatment product that meets the requirements of this AD and 
addresses the identified unsafe condition. However, under the 
provisions of paragraph (j)(1) of this AD, the FAA will consider 
requests for approval of application of alternative chemical corrosion 
surface pretreatment products if sufficient data are submitted to 
substantiate that the change would provide an acceptable level of 
safety. The FAA has not changed this AD in this regard.

Request To Add an Exception to the NPRM

    DAL requested that the application of corrosion inhibiting 
compounds (CICs) be added to paragraph (h) of the proposed AD, 
``Exceptions to EASA AD 2020-0037,'' and not be a requirement

[[Page 54895]]

for AD compliance. DAL stated that paragraph 3.C.(4)(c) of the 
Accomplishment Instructions of Airbus Service Bulletin A320-53-1270, 
Revision 02, dated April 11, 2014, requires that corrosion preventative 
compound CML 12ADB1 be applied to the cold worked area. DAL commented 
that each operator has a corrosion prevention and control program 
(CPCP) to control corrosion and may revise CIC products as necessary. 
DAL also commented that requiring the application of CML 12ADB1 within 
the required for compliance paragraph is problematic in maintaining 
perpetual compliance with the NPRM if a CPCP maintenance program task 
is applicable to the same area.
    The FAA disagrees with the commenter's request. Since this AD 
affects multiple operators, and the FAA is not aware of the details of 
CIC compounds used as an inherent part of each operator's CPCP 
maintenance task, it is not practical for the FAA to revise this AD 
based on DAL's unique maintenance program. If DAL intends to use an 
approved substitution of the CIC that is not included in the SRM as an 
alternate to the CIC required by this AD, then DAL may request an 
alternative method of compliance (AMOC) under the provisions of 
paragraph (j)(1) of this AD. The FAA has not changed this AD regarding 
this issue.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
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 2020-0037 describes procedures for a rotating probe test 
(special detailed inspection) of the fastener holes at FR43 on the LH 
and RH sides for any cracking, and on-condition actions including a 
high frequency eddy current (rototest) inspection for cracks of the 
affected fastener holes, modification, and 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 867 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
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9 work-hours x $85 per hour = $765..............................              $0            $765        $663,255
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    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:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
               Labor cost                   Parts cost        product
------------------------------------------------------------------------
22 work-hours x $85 per hour = $1,870...            $338          $2,208
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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:
    (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.

[[Page 54896]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2020-18-06 Airbus SAS: Amendment 39-21227; Docket No. FAA-2020-0332; 
Product Identifier 2020-NM-037-AD.

(a) Effective Date

    This AD is effective October 8, 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 2020-0037, dated February 27, 2020; corrected February 28, 
2020 (``EASA AD 2020-0037'').
    (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 a report that cracks were detected on 
the left- and right-hand sides of the first rivet hole of the frame 
(FR) 43 foot coupling during scheduled maintenance. The FAA is 
issuing this AD to address cracking in the foot coupling, which 
could affect the 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 2020-0037.

(h) Exceptions to EASA AD 2020-0037

    (1) Where EASA AD 2020-0037 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0037 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0037 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k) 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 2020-0037 that contains RC procedures and 
tests: Except as required by paragraph (j)(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.

(k) Related Information

    For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223; email [email protected].

(l) 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 2020-0037, 
dated February 27, 2020; corrected February 28, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0037, 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-2020-0332.
    (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 20, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-19401 Filed 9-2-20; 8:45 am]
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