[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Rules and Regulations]
[Pages 65197-65200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22760]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0457; Product Identifier 2020-NM-039-AD; Amendment 
39-21261; AD 2020-20-05]
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 superseding Airworthiness Directive (AD) 2018-25-02 
and AD 2019-23-01, which applied 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, -233, 
-251N, -252N, and -271N airplanes; and Model A321 series airplanes. 
Those ADs require revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
maintenance requirements and/or airworthiness limitations. This AD 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations; as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference. This AD was prompted by 
a determination that new or more restrictive airworthiness limitations 
are necessary and models need to be added to the applicability. The FAA 
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective November 19, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 19, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
January 9, 2020 (84 FR 66579, December 5, 2019).

ADDRESSES: For the EASA material identified in this 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.
    For the Airbus material that is incorporated by reference, contact 
Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile Dewoitine No: 
2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 
61 93 44 51; email [email protected]; internet http://www.airbus.com.
    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-2020-0457.

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-
0457; 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 2020-0036R1, dated June 24, 2020 
(``EASA AD 2020-0036R1'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A318 series airplanes; Model A319-
111, -112, -113, -114, -115, -131, -132, -133, -151N, and -153N 
airplanes; Model A320-211, -212, -214, -215, -216, -231, -232, -233, -
251N, -252N, -253N, -271N, -272N, and -273N airplanes; and Model A321 
series airplanes. EASA AD 2020-0036R1 revised EASA AD 2020-0036, dated 
February 26, 2020 (``EASA AD 2020-0036'') (which the FAA referred to as 
the appropriate source of service information for accomplishing the 
actions specified in the notice of proposed rulemaking (NPRM)), and 
superseded EASA AD 2018-0288 (which corresponds to FAA AD 2019-23-01 
(AD 2019-23-01, Amendment 39-19794 (84 FR 66579, December 5, 2019) 
(``AD 2019-23-01'')). 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 NPRM to amend 14 CFR part 39 to supersede AD 2019-
23-01, for certain Airbus SAS Model A318 series airplanes; A319-111, -
112, -113, -114, -115, -131, -132, and -133 airplanes; A320-211, -212, 
-214, -216, -231, -232, -233, -251N, -252N, and -271N airplanes; and 
A321 series airplanes. AD 2019-23-01 required revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations. AD 2019-23-01 required 
airworthiness limitations that are newer or more restrictive than those 
specified in AD 2018-25-02, Amendment 39-19513 (83 FR 62690, December 
6, 2018) (``AD 2018-25-02''). AD 2019-23-01 specified that 
accomplishing the revision required by paragraph (i) of AD 2019-23-01 
terminated all requirements of AD 2018-25-02. The NPRM published in the 
Federal Register on June 1, 2020 (85 FR 33046). The NPRM was prompted 
by a determination that new or more restrictive airworthiness 
limitations are necessary and models need to be added

[[Page 65198]]

to the applicability. The NPRM proposed to require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations.
    The FAA is issuing this AD to address fatigue cracking, accidental 
damage, or corrosion in principal structural elements, which could 
result in reduced 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.

Request To Use Revised EASA AD

    United Airlines (UAL) and American Airlines (AAL) supported the 
NPRM and asked that the proposed AD refer to EASA AD 2020-0036R1 for 
accomplishing the required actions (EASA AD 2020-0036, dated February 
26, 2020, was referred to in the proposed AD). UAL stated that EASA AD 
2020-0036R1 will allow operators to use current requirements and 
prevent issuing a revised AD to require compliance with the revised 
EASA AD. AAL also noted that operators should be allowed to use the 
revised EASA AD.
    The FAA agrees with the commenters' requests. EASA AD 2020-0036R1 
does not substantively change the requirements of EASA AD 2020-0036. 
Instead, EASA AD 2020-0036R1 adds credit for EASA AMOC approval 
10071736 to EASA AD 2018-0288, and notes that Issue 02 of the ALS has 
been released. The FAA has changed all references in this AD from EASA 
AD 2020-0036 to EASA AD 2020-0036R1, added paragraph (l) to this AD to 
provide credit for Rev 0, and changed subsequent paragraphs of this AD 
accordingly.

Request To Confirm Intent To Allow Use of Later ALS Revisions

    Delta Air Lines (DAL) requested confirmation that the FAA intended 
to allow the use of later ALS revisions to comply with the proposed AD. 
The commenter noted that previous ADs required an alternative method of 
compliance (AMOC) to use a later ALS revision.
    The FAA confirms that it intends to allow the use of applicable 
later ALS revisions to comply with the requirements of this AD. This AD 
refers to EASA AD 2020-0036R1 as the appropriate source of service 
information for accomplishing the required actions. EASA AD 2020-0036R1 
includes the Ref. Publications section, which accepts the use of later 
approved variations or revisions of the referenced ALS document for 
compliance. Therefore, applicable later approved ALS revisions are 
acceptable.

Request To Allow AMOC Approval for Alternative Actions or Intervals 
After Revision of Maintenance or Inspection Program

    DAL requested that paragraph (k) of the proposed AD be changed to 
also allow alternative actions and intervals after the maintenance and 
inspection program has been revised, provided that the actions or 
intervals are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (n)(1) of the 
proposed AD. Delta provided no reason or justification for the request.
    The FAA acknowledges the commenter's request and provides 
clarification that, if applicable, requesting an AMOC is always an 
option; therefore, it is not necessary to revise paragraph (k) of this 
AD. This AD has not been changed regarding this request.

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 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 2020-0036R1 describes new or more restrictive airworthiness 
limitations for damage tolerance of airplane structures.
    This AD also requires Airbus A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) Part 2-Damage Tolerant Airworthiness 
Limitation Items (DT-ALI), Revision 07, dated June 13, 2018, which the 
Director of the Federal Register approved for incorporation by 
reference as of January 9, 2020 (84 FR 66579, December 5, 2019).
    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 1,553 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2019-23-01 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. In the past, the agency has estimated that this action 
takes 1 work-hour per airplane. Since operators incorporate maintenance 
or inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. The FAA estimates the total cost per operator for 
the new proposed actions to be $7,650 (90 work-hours x $85 per work-
hour).

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.

[[Page 65199]]

    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.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2018-25-02, Amendment 39-19513 
(83 FR 62690, December 6, 2018), and AD 2019-23-01, Amendment 39-19794 
(84 FR 66579, December 5, 2019); and
0
b. Adding the following new AD:

2020-20-05 Airbus SAS: Amendment 39-21261; Docket No. FAA-2020-0457; 
Product Identifier 2020-NM-039-AD.

(a) Effective Date

    This AD is effective November 19, 2020.

(b) Affected ADs

    This AD replaces AD 2018-25-02, Amendment 39-19513 (83 FR 62690, 
December 6, 2018) (``AD 2018-25-02''), and AD 2019-23-01, Amendment 
39-19794 (84 FR 66579, December 5, 2019) (``AD 2019-23-01'').

(c) Applicability

    This AD applies to Airbus SAS airplanes identified in paragraphs 
(c)(1) through (4) of this AD, certificated in any category, with an 
original certificate of airworthiness or original export certificate 
of airworthiness issued on or before October 11, 2019.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -153N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, 
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, accidental damage, or 
corrosion in principal structural elements, which could result in 
reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2019-23-01, with no changes. Accomplishing the maintenance or 
inspection program revision required by paragraph (i) of this AD 
terminates the requirements of this paragraph.
    (1) For airplanes with an original certificate of airworthiness 
or original export certificate of airworthiness issued on or before 
June 13, 2018, except for Model A319-151N and -153N airplanes and 
Model A320-253N, -272N, and -273N airplanes: Within 90 days after 
January 9, 2020 (the effective date of AD 2019-23-01), revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Airbus A318/A319/A320/A321 
Airworthiness Limitations Section (ALS) Part 2--Damage Tolerant 
Airworthiness Limitation Items (DT-ALI), Revision 07, dated June 13, 
2018.
    (2) The initial compliance time for doing the tasks is at the 
time specified in Airbus A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) Part 2--Damage Tolerant Airworthiness 
Limitation Items (DT-ALI), Revision 07, dated June 13, 2018, or 
within 90 days after January 9, 2020, whichever occurs later.

(h) Retained Restriction on Alternative Actions and Intervals With a 
New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2019-23-01, with a new exception. Except as required by paragraph 
(i) of this AD, after the maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (m)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2020-0036R1, dated June 24, 2020 (``EASA AD 2020-0036R1''). 
Accomplishing the maintenance or inspection program revision 
required by this paragraph terminates the requirements of paragraph 
(g) of this AD.

(j) Exceptions to EASA AD 2020-0036R1

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0036R1 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0036R1 specifies revising 
``the AMP'' within 12 months after its effective date, but this AD 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate the ``tasks and associated thresholds and 
intervals'' specified in paragraph (3) of EASA AD 2020-0036R1 within 
90 days after the effective date of this AD.
    (3) The initial compliance times for doing the tasks specified 
in paragraph (3) of EASA AD 2020-0036R1 are at the applicable 
``associated thresholds'' specified in paragraph (3) of EASA AD 
2020-0036R1, or within 90 days after the effective date of this AD, 
whichever occurs later.
    (4) The provisions specified in paragraphs (4), (5), and (6) of 
EASA AD 2020-0036R1 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0036R1 does not 
apply to this AD.

(k) New Provisions for Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (i) of this AD, no alternative 
actions (e.g., inspections) or intervals are allowed unless they are 
approved as specified in the provisions of the ``Ref. Publications'' 
section of EASA AD 2020-0036R1.

(l) Credit for Original EASA AD

    This paragraph provides credit for actions required by paragraph 
(i) of this AD, if those actions were performed before the effective 
date of this AD using EASA AD 2020-0036, dated February 26, 2020.

(m) 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 International Section, send it to the attention of 
the person identified in paragraph (n) 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 2019-23-01 are approved as 
AMOCs for the corresponding provisions of EASA AD 2020-0036R1 that 
are required by paragraph (g) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions

[[Page 65200]]

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.

(n) 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].

(o) 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 
November 19, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0036R1, 
dated June 24, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
January 9, 2020 (84 FR 66579, December 5, 2019).
    (i) Airbus A318/A319/A320/A321 Airworthiness Limitations Section 
(ALS) Part 2--Damage Tolerant Airworthiness Limitation Items (DT-
ALI), Revision 07, dated June 13, 2018.
    (ii) [Reserved]
    (5) For information about EASA AD 2020-0036R1, 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.
    (6) For information about the Airbus material that is 
incorporated by reference, contact Airbus SAS, Airworthiness 
Office--EIAS, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, 
France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email 
[email protected]; internet http://www.airbus.com.
    (7) 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-2020-0457.
    (8) 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 September 18, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-22760 Filed 10-14-20; 8:45 am]
BILLING CODE 4910-13-P