[Federal Register Volume 85, Number 191 (Thursday, October 1, 2020)]
[Proposed Rules]
[Pages 61892-61895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21564]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0858; Project Identifier MCAI-2020-00949-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2016-07-14, which applies to certain Airbus Model A319-111, -112, -113, 
-114, -115, -131, -132, and -133 airplanes; Model A320-211, -212, -214, 
-231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -
212, -213, -231, and -232 airplanes. AD 2016-07-14 requires replacing 
the clips, shear webs, and angles, related investigative actions, and 
repair if necessary. Since the FAA issued AD 2016-07-14, it has been 
determined that the fatigue life associated with the clips, shear webs, 
and angles is not sufficient to reach the limit of validity (LOV) in 
certain configurations; therefore, additional modifications to the 
airplane are required. The FAA has also determined that additional 
airplanes are subject to the unsafe condition. This proposed AD would 
retain the actions of AD 2016-07-14, and require modifying (replacing) 
the clips, shear webs, and angles at a certain rear fuselage area with 
new parts, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which will be incorporated by reference. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November 
16, 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 the material identified in this proposed AD that will be 
incorporated by reference (IBR), 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-2020-0858.

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-
0858; 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 NPRM, 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: 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:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting 
written comments, data, or views about this proposal. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time. Send your 
comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2020-0858; Project Identifier MCAI-2020-00949-T'' at 
the beginning of your 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 received, without change, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments received by the closing 
date for comments. The FAA will consider comments filed after the 
comment period has closed if it is possible to do so without incurring 
expense or delay. The FAA may change this NPRM because of those 
comments.

[[Page 61893]]

Confidential Business Information

    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 NPRM 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 NPRM, 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 NPRM. Submissions containing 
CBI should be sent to the person identified in the FOR FURTHER 
INFORMATION CONTACT section. Any commentary that the FAA receives which 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Discussion

    The FAA issued AD 2016-07-14, Amendment 39-18459 (81 FR 21244, 
April 11, 2016) (``AD 2016-07-14''), which applies to certain Airbus 
Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; 
Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model 
A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 
2016-07-14 requires replacing the clips, shear webs, and angles at 
certain rear fuselage sections and certain frames, including doing all 
applicable related investigative actions, and repair if necessary. The 
FAA issued AD 2016-07-14 to address fatigue damage on the clips, shear 
webs, and angles, which could affect the structural integrity of the 
airplane.

Actions Since AD 2016-07-14 Was Issued

    Since the FAA issued AD 2016-07-14, it has been determined that the 
fatigue life associated with the clips, shear webs, and angles at 
section 19, frame (FR)72 and FR74, is not sufficient to reach the LOV 
in a certain configuration; therefore, additional modifications to the 
airplane are required. Airplanes have also been added to the 
applicability. The FAA has determined that the unsafe condition also 
affects Model A320-216 airplanes.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0153, dated July 10, 2020 
(``EASA AD 2020-0153'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus 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. EASA AD 2020-0153 superseded EASA 
AD 2014-0177, dated July 25, 2014 (which corresponds to FAA AD 2016-07-
14). 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.
    This proposed AD was prompted by fatigue testing that determined 
that fatigue damage could appear on clips, shear webs, and angles at 
certain rear fuselage sections and certain frames. The FAA is proposing 
this AD to address fatigue damage on the clips, shear webs, and angles, 
which could affect the structural integrity of the airplane. See the 
MCAI for additional background information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2016-07-14, this proposed AD would retain all 
requirements of AD 2016-07-14. This proposed AD would add airplanes to 
the applicability. This proposed AD would also require a modification 
by replacing the clips, shearwebs, and angles at the rear fuselage area 
of section 19 at FR72 and FR74 with new parts without pilot holes, and 
installing oversized Hi-Loks, nominal aluminum rivets, and nominal Hi-
Loks in certain positions. Those requirements are referenced in EASA AD 
2020-0153, which, in turn, is referenced in paragraph (g) of this 
proposed AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0153 describes procedures for replacement of affected 
parts (as required by FAA AD 2016-07-14). EASA AD 2020-0153 also 
describes procedures for a modification by replacing the clips, 
shearwebs, and angles at the rear fuselage area of section 19 at FR72 
and FR74 with new parts without pilot holes, and installing oversized 
Hi-Loks, nominal aluminum rivets, and nominal Hi-Loks in certain 
positions. 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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's 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 proposing this AD because the FAA 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0153 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 2020-0153 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0153 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed 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 2020-0153 that is required for compliance with EASA AD 2020-
0153 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-0858 after the FAA 
final rule is published.

[[Page 61894]]

Costs of Compliance

    The FAA estimates that this proposed AD affects 219 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Retained actions from AD 2016-07-14     Up to 110 work-hours x           $10,000         $19,350        $851,400
 (for 44 airplanes affected).            $85 per hour = $9,350.
New proposed actions..................  126 work-hours x $85 per          51,750          62,460      13,678,740
                                         hour = $10,710.
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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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 removing Airworthiness Directive (AD) 
2016-07-14, Amendment 39-18459 (81 FR 21244, April 11, 2016), and 
adding the following new AD:

Airbus SAS: Docket No. FAA-2020-0858; Project Identifier MCAI-2020-
00949-T.

(a) Comments Due Date

    The FAA must receive comments by November 16, 2020.

(b) Affected ADs

    This AD replaces AD 2016-07-14, Amendment 39-18459 (81 FR 21244, 
April 11, 2016) (``AD 2016-07-14'').

(c) Applicability

    This AD applies to Airbus SAS 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-
0153, dated July 10, 2020 (``EASA AD 2020-0153'').
    (1) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes.
    (2) Airbus Model A320-211, -212, -214, -216, -231, -232, and -
233 airplanes.
    (3) Airbus 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 fatigue testing that determined that 
fatigue damage could appear on clips, shear webs, and angles at 
certain rear fuselage sections and certain frames. The FAA is 
issuing this AD to address fatigue damage on the clips, shear webs, 
and angles, 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 2020-0153.

(h) Exceptions to EASA AD 2020-0153

    The ``Remarks'' section of EASA AD 2020-0153 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)(2) 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 2016-07-14 are approved as 
AMOCs for the corresponding provisions of EASA AD 2020-0153 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, 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 2020-0153 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

[[Page 61895]]

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

    (1) For information about EASA AD 2020-0153, 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. 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-
2020-0858.
    (2) 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].

    Issued on September 24, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-21564 Filed 9-30-20; 8:45 am]
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