[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Rules and Regulations]
[Pages 55169-55171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19581]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / 
Rules and Regulations  

[[Page 55169]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0327; Product Identifier 2020-NM-033-AD; Amendment 
39-21228; AD 2020-18-07]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2016-18-
09, which applied to certain Airbus SAS Model A318, A319, and A320 
series airplanes. AD 2016-18-09 required repetitive detailed 
inspections for damage on the fuselage skin at certain frames, and 
applicable related investigative and corrective actions. This AD 
continues to require repetitive inspections of the fuselage skin for 
chafing damage at certain frames using a new inspection process, and 
corrective actions if necessary; as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
This AD was prompted by reports of additional chafing of the forward 
fuselage found underneath the fairing structure. Investigation revealed 
the cause as contact between the belly fairing nut plate and the 
fuselage. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective October 9, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 9, 
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. It is also available in 
the AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0327.

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-
0327; 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 2020-0030, dated February 18, 2020 
(``EASA AD 2020-0030'') (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; and 
Model A320-211, -212, -214, -215, -216, -231, -232, and -233 airplanes. 
Model A320-215 airplanes are not certificated by the FAA and are not 
included on the U.S. type certificate data sheet; therefore, this AD 
does not include those airplanes in the applicability. EASA AD 2020-
0030 supersedes EASA AD 2014-0259 (which corresponds to FAA AD 2016-18-
09, Amendment 39-18639 (81 FR 61993, September 8, 2016) (AD 2016-18-
09)).
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2016-18-09. AD 2016-18-09 applied to 
certain Airbus SAS Model A318, A319, and A320 series airplanes. The 
NPRM published in the Federal Register on April 10, 2020 (85 FR 20203). 
The NPRM was prompted by reports of additional chafing of the forward 
fuselage found underneath the fairing structure. Investigation revealed 
the cause as contact between the belly fairing nut plate and the 
fuselage. The NPRM proposed to continue to require repetitive 
inspections of the fuselage skin for chafing damage at certain frames 
using a new inspection process, and corrective actions if necessary, as 
specified in an EASA AD.
    The FAA is issuing this AD to address damage to the fuselage skin, 
which could lead to crack initiation and propagation, possibly 
resulting in reduced structural integrity of the fuselage. 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 to the comment.

Request To Provide Clarification That Inspection Includes Existing 
Repairs

    United Airlines (UAL) asked that the FAA clarify whether the 
proposed inspection of the external skin panel includes existing 
repairs. UAL stated that the inspections specified in Airbus Service 
Bulletin A320-53-1287 (the appropriate source of service information 
for certain actions in AD 2016-18-09, as well as in EASA AD 2020-0030) 
continue to involve repair doublers as a result of chafing beyond 
allowable skin panel damage. UAL added that clarification regarding 
existing repairs is necessary since Airbus Service Bulletin A320-53-
1287 does not include specific instructions to remove any existing 
doubler, nor give specific instructions to include existing repairs 
during the skin panel inspection. UAL noted that it is not necessary to 
remove any reinforcement repair, because the chafing damage from the

[[Page 55170]]

fairing panel will cause damage to an external repair before reaching 
the original skin panel. UAL stated that it had previously submitted a 
similar request for different rulemaking, which was approved; the 
phrase ``including previously repaired areas'' was added to AD 2016-18-
09.
    The FAA provides the following clarification. For the reasons 
stated by the commenter, we agree to include previously repaired areas 
for the inspection required by paragraph (g). The FAA has added 
paragraph (h)(5) of this AD to clarify that inspecting previously 
repaired areas is included.

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 with the change described previously 
and 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.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0030 describes procedures for repetitive inspections 
of the fuselage skin for chafing damage at certain frames, and 
applicable corrective actions if damage is found. The corrective 
actions include a special detailed inspection of external fuselage skin 
panel for any cracking, measurement of crack length and remaining 
thickness, modification, and repair. EASA AD 2020-0030 also provides an 
optional terminating action (modification of the forward belly fairing) 
for the repetitive inspections. 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 1,538 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.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2016-18-09...  12 work-hours x $85 per              $90          $1,110      $1,691,800
                                         hour = $1,020.
New proposed actions..................  13 work-hours x $85 per              150           1,255       1,930,190
                                         hour = $1,105.
----------------------------------------------------------------------------------------------------------------


                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
               Labor cost                   Parts cost        product
------------------------------------------------------------------------
21 work-hours x $85 per hour = $1,785...          $3,550          $5,335
------------------------------------------------------------------------


                  Estimated Costs for Optional Actions
------------------------------------------------------------------------
                                                             Cost per
               Labor cost                   Parts cost        product
------------------------------------------------------------------------
21 work-hours x $85 per hour = $1,785...          $4,150          $5,935
------------------------------------------------------------------------

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 55171]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2016-18-09, Amendment 39-18639 (81 FR 61993, September 8, 2016), and 
adding the following new AD:

2020-18-07 Airbus SAS: Amendment 39-21228; Docket No. FAA-2020-0327; 
Product Identifier 2020-NM-033-AD.

(a) Effective Date

    This AD is effective October 9, 2020.

(b) Affected ADs

    This AD replaces AD 2016-18-09, Amendment 39-18639 (81 FR 61993, 
September 8, 2016) (``AD 2016-18-09'').

(c) Applicability

    This AD applies to Airbus SAS Model airplanes specified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2020-0030, dated February 18, 2020 (``EASA AD 2020-
0030'').
    (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.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of additional chafing of the 
forward fuselage underneath the fairing structure. Investigation 
revealed the cause as contact between the belly fairing nut plate 
and the fuselage. The FAA is issuing this AD to address damage to 
the fuselage skin, which could lead to crack initiation and 
propagation, possibly resulting 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, EASA AD 2020-0030.

(h) Exceptions to EASA AD 2020-0030

    (1) Where EASA AD 2020-0030 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0030 does not apply 
to this AD.
    (3) Where EASA AD 2020-0030 refers to the effective date of EASA 
AD 2014-0259, this AD requires using October 13, 2016 (the effective 
date of AD 2016-18-09).
    (4) Where EASA AD 2020-0030 refers to doing actions ``in 
accordance with the instructions of'' the service information, for 
this AD, only use paragraph 3.C., ``Procedure,'' of the service 
information.
    (5) Where paragraph (1) of EASA AD 2020-0030 requires 
accomplishing a detailed inspection of the affected area (external 
fuselage skin panels), for this AD, that inspection also includes 
inspecting previously repaired areas.

(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].
    (i) 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.
    (ii) AMOCs approved previously for AD 2016-18-09 are approved as 
AMOCs for the corresponding provisions of EASA AD 2020-0030 that are 
required by paragraph (g) of this AD.
    (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, International 
Section, Transport Standards 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 2020-0030 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.

(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.
    (3) The following service information was approved for IBR on 
October 9, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0030, 
dated February 18, 2020.
    (ii) [Reserved]
    (4) For information about EASA AD 2020-0030, 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.
    (5) 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-2020-0327.
    (6) 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 21, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-19581 Filed 9-3-20; 8:45 am]
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