[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Rules and Regulations]
[Pages 71240-71244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24642]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0451; Product Identifier 2020-NM-036-AD; Amendment 
39-21302; AD 2020-22-06]
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 superseding Airworthiness Directive (AD) 99-01-19 
and AD 2004-25-02, which applied to certain Airbus SAS Model A320 
series airplanes. AD 99-01-19 and AD 2004-25-02 required repetitive 
inspections to detect fatigue cracking in certain areas of the 
fuselage, and corrective action if necessary. AD 2004-25-02 also 
provided an optional terminating action for the repetitive inspections. 
This AD continues to require, for certain airplanes, repetitive 
inspections of the fastener holes for any cracking, and repair if 
necessary, and provides an optional terminating action for the fastener 
hole inspections. This AD also revises the applicability to include 
additional airplanes and requires, for all airplanes, inspections of 
the emergency exit door structure for any cracking and repair if 
necessary; as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference. This AD was prompted by 
a report that during full scale tests to support the Model A320 
structure extended service goal (ESG) exercise,

[[Page 71241]]

several cracks were found on both sides of the overwing emergency exit 
door cut-outs at fuselage section 15. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective December 14, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 14, 
2020.
    The Director of the Federal Register also approved the 
incorporation by reference of a certain other publication listed in 
this AD as of February 10, 2005 (70 FR 1184, January 6, 2005).
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
February 12, 1999 (64 FR 1114, January 8, 1999).

ADDRESSES: For EASA AD 2020-0040R1, which is 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 Airbus service information identified 
in this final rule, 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 https://www.airbus.com. You 
may view EASA AD 2020-0040R1 and the Airbus service information 
identified in this AD 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-2020-0451.

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-
0451; 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 2020-0040R1, dated June 16, 2020 
(``EASA AD 2020-0040R1'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS 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 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. EASA AD 2020-0040R1 superseded French 
AD 2002-259(B), dated May 15, 2002 (which corresponded to FAA AD 2004-
25-02, Amendment 39-13889 (70 FR 1184, January 6, 2005) (``AD 2004-25-
02'')).
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 99-01-19, Amendment 39-10987 (64 FR 1114, 
January 8, 1999) (``AD 99-01-19''); and AD 2004-25-02. AD 99-01-19 and 
AD 2004-25-02 applied to certain Airbus SAS Model A320 series 
airplanes. The NPRM published in the Federal Register on June 4, 2020 
(85 FR 34371). The NPRM was prompted by a report that during full scale 
tests to support the Model A320 structure ESG exercise, several cracks 
were found on both sides of the overwing emergency exit door cut-outs 
at fuselage section 15. The NPRM proposed to continue to require, for 
certain airplanes, repetitive inspections of the fastener holes for any 
cracking, and repair if necessary, and would provide an optional 
terminating action for the fastener hole inspections. The NPRM also 
proposed to revise the applicability to include additional airplanes 
and requires, for all airplanes, inspections of the emergency exit door 
structure for any cracking and repair if necessary, as specified in 
EASA AD 2020-0040R1.
    The FAA is issuing this AD to address fatigue cracking of the 
fuselage, 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 the Latest EASA AD

    American Airlines (AAL) and United Airlines (UAL) requested that 
the NPRM specify EASA AD 2020-0040R1, which is the latest EASA AD, and 
it revises the applicability to exclude airplanes that have embodied 
certain modifications in production, and that those airplanes are, 
therefore, not applicable to the NPRM.
    AAL stated that FAA AD 2004-25-02 and EASA AD 2020-0040R1 contain a 
difference in the applicability. AAL stated that FAA AD 2004-25-02 
applies to Airbus Model A320 airplanes without modification 21346 
embodied in production. AAL also stated that EASA AD 2020-0040R1 
applies to all Airbus Model A319 and A320 airplanes, except for those 
with modification 160001 embodied in production, or Airbus Service 
Bulletin A320-57-1193 embodied in service, or Model A319 airplanes that 
have had modification 28238, 28162, and 28342 embodied in production. 
AAL commented that some of its Model A319 airplanes have had 
modification 160001 embodied in production, but would still be required 
to accomplish the actions specified in paragraph (k) of the NPRM.
    The FAA agrees with the comment. The FAA has revised all applicable 
sections in this final rule to specify EASA AD 2020-0040R1, dated June 
16, 2020, which clarifies the conditions and applicability for certain 
airplanes as of the effective date of this final rule. For 
clarification, airplane models that have embodied certain modifications 
or service information in production, paragraph (k) of this AD does not 
apply. The FAA has also determined that no additional work is required 
for airplanes on which the actions specified in EASA AD 2020-0040, 
dated February 28, 2020, have already been done.

Changes Since the NPRM Was Issued

    The FAA inadvertently omitted paragraph (l)(4) from the proposed 
AD, and has added it to this AD to clarify that, ``The ``Remarks'' 
section of EASA AD 2020-0040R1 does not apply to this AD.''

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

[[Page 71242]]

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 2020-0040R1 describes, among other actions, procedures for 
inspections of the emergency exit door structure for any cracking and 
repair, if necessary.
    Airbus has issued Service Bulletin A320-53-1031, Revision 02, dated 
December 5, 2001. This service information describes procedures for 
repetitive rotating probe inspections of the fasteners holes and repair 
if necessary.
    This AD also requires Airbus Service Bulletin A320-53-1032, 
Revision 02, dated December 5, 2001, which the Director of the Federal 
Register approved for incorporation by reference as of February 10, 
2005 (70 FR 1184, January 6, 2005).
    This AD also requires Airbus Service Bulletin A320-53-1032, 
Revision 01, dated January 15, 1998, which the Director of the Federal 
Register approved for incorporation by reference as of February 12, 
1999 (64 FR 1114, January 8, 1999).
    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 800 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                   Cost on U.S.
            Action                   Labor cost              Parts cost        Cost per product     operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2004- Up to 19 work-hours x                       $0  Up to $1,615....  Up to
 25-02.                         $85 per hour = Up to                                              $1,292,000.
                                $1,615.
New actions..................  Up to 23 work-hours x                        0  Up to $1,955....  Up to
                                $85 per hour = Up to                                              $1,564,000.
                                $1,955.
----------------------------------------------------------------------------------------------------------------

    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: Modification, Repair of
     Fastener Holes, and Repair of Cracks in the Emergency Exit Door
                    Structure That are Within Limits
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 66 work-hours x $85 per     Up to $85,000.....  Up to $90,610.
 hour = Up to $5,610.
------------------------------------------------------------------------


                  Estimated Costs for Optional Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......          $4,219           $4,304
------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for certain other repairs specified in 
this AD.

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.

[[Page 71243]]

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) 99-01-19, Amendment 39-10987 
(64 FR 1114, January 8, 1999); and AD 2004-25-02, Amendment 39-13889 
(70 FR 1184, January 6, 2005); and
0
b. Adding the following new AD:

2020-22-06 Airbus SAS: Amendment 39-21302; Docket No. FAA-2020-0451; 
Product Identifier 2020-NM-036-AD.

(a) Effective Date

    This AD is effective December 14, 2020.

(b) Affected ADs

    This AD replaces AD 99-01-19, Amendment 39-10987 (64 FR 1114, 
January 8, 1999) (``AD 99-01-19''); and AD 2004-25-02, Amendment 39-
13889 (70 FR 1184, January 6, 2005) (``AD 2004-25-02'').

(c) Applicability

    This AD applies to Airbus SAS Model A319-111, -112, -113, -114, 
-115, -131, -132, and -133 airplanes; and Model A320-211, -212, -
214, -216, -231, -232, and -233 airplanes, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2020-0040R1, dated June 16, 2020 (``EASA AD 2020-
0040R1'').

(d) Subject

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

(e) Reason

    This AD was prompted by a report that, during full scale tests 
to support the Model A320 structure extended service goal (ESG) 
exercise, several cracks were found on both sides of the overwing 
emergency exit door cut-outs at fuselage section 15. The FAA is 
issuing this AD to address fatigue cracking of the fuselage, 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 Initial Inspections, With No Changes

    For Airbus SAS Model A320-111, -211, -212, and -231 series 
airplanes on which Airbus Modification 21346 has not been done: This 
paragraph restates the requirements of paragraph (f) of AD 2004-25-
02, with no changes. At the applicable time specified in paragraph 
(g)(1) or (2) of this AD: Do a detailed inspection to find cracking 
on the outboard flanges around the fastener holes of frames 38 
through 41, between stringers 12 and 21, using Airbus Service 
Bulletin A320-53-1032, Revision 02, dated December 5, 2001.
    (1) For airplanes on which the inspection specified in Airbus 
Service Bulletin A320-53-1032, Revision 01, dated January 15, 1998; 
or Airbus Service Bulletin A320-53-1032, Revision 02, dated December 
5, 2001; has been done as of February 10, 2005 (the effective date 
of AD 2004-25-02): Do the next inspection within 4,900 flight cycles 
after accomplishment of the last inspection, or within 1,100 flight 
cycles after February 10, 2005, whichever is later.
    (2) For airplanes on which no inspection specified in Airbus 
Service Bulletin A320-53-1032, Revision 01, dated January 15, 1998; 
or Airbus Service Bulletin A320-53-1032, Revision 02, dated December 
5, 2001; has been done as of February 10, 2005 (the effective date 
of AD 2004-25-02): Do the inspection at the earlier of the times 
specified in paragraphs (g)(2)(i) and (ii) of this AD.
    (i) Before the accumulation of 30,000 total flight cycles.
    (ii) Before the accumulation of 24,800 total flight cycles, or 
within 3,500 flight cycles after February 10, 2005 (the effective 
date of AD 2004-25-02), whichever is later.

(h) Retained Repetitive Inspections if No Cracking is Found, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2004-25-02, with no changes. If no crack is found during the 
inspection required by paragraph (g)(1) or (2) of this AD: Repeat 
the inspection thereafter at intervals not to exceed 4,900 flight 
cycles.

(i) Retained Corrective Actions With New Repetitive Inspections and 
Compliance Language

    This paragraph restates the requirements of paragraph (h) of AD 
2004-25-02, with new repetitive inspections and compliance language. 
If any crack is found during any inspection required by paragraph 
(g) of this AD, before further flight, repair using Airbus Service 
Bulletin A320-53-1032, Revision 01, dated January 15, 1998; or 
Airbus Service Bulletin A320-53-1032, Revision 02, dated December 5, 
2001. Accomplishment of a repair using the service bulletin before 
the effective date of this AD ends the repetitive inspection 
requirements for the area repaired. As of the effective date of this 
AD, the repair does not constitute terminating action for the 
repetitive inspection. Thereafter, repeat the inspection at 
intervals not to exceed 4,900 flight cycles. If any crack is found 
during any inspection required by this AD, and the service bulletin 
specifies to contact Airbus for appropriate action: Before further 
flight, repair 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).

(j) Retained Optional Terminating Action With Changes to the Service 
Information Compliance Language

    This paragraph restates the optional terminating action 
specified in paragraphs (i) and (j) of AD 2004-25-02, with changes 
to the service information compliance language. Accomplishment of 
Airbus Modification 21346 using Airbus Service Bulletin A320-53-
1031, Revision 02, dated December 5, 2001, constitutes terminating 
action for the repetitive inspection requirements of paragraphs (h) 
and (i) this AD.

(k) New Requirements

    Except as specified in paragraph (l) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2020-0040R1.

(l) Exceptions to EASA AD 2020-0040R1

    (1) Where EASA AD 2020-0040R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0040R1 refers to ``13 March 2020 [the 
effective date of the original issue of this AD],'' this AD requires 
using the effective date of this AD.
    (3) Where EASA AD 2020-0040R1 requires the accomplishment of 
repetitive inspections and corrective actions as specified in 
paragraphs (1) and (2) of the EASA AD, those actions are not 
required by this AD as specified in the EASA AD. Those actions are 
required by paragraphs (g), (h), and (i) of this AD.
    (4) The ``Remarks'' section of EASA AD 2020-0040R1 does not 
apply to this AD.

(m) Credit for Previous Actions

    This paragraph provides credit for the optional terminating 
action specified in paragraph (j) of this AD, if Airbus Modification 
21346 was performed before the effective date of this AD using 
Airbus Service Bulletin A320-53-1031, dated December 9, 1994.

(n) 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 (o)(1) 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 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

[[Page 71244]]

2020-0040R1 that contains RC procedures and tests: Except as 
required by paragraph (n)(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.

(o) Related Information

    (1) 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].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (p)(6) and (7) of this AD.

(p) 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 
December 14, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0040R1, 
dated June 16, 2020.
    (ii) Airbus Service Bulletin A320-53-1031, Revision 02, dated 
December 5, 2001.
    (4) The following service information was approved for IBR on 
February 10, 2005 (70 FR 1184, January 6, 2005).
    (i) Airbus Service Bulletin A320-53-1032, Revision 02, dated 
December 5, 2001.
    (ii) [Reserved]
    (5) The following service information was also approved for IBR 
on February 12, 1999 (64 FR 1114, January 8, 1999).
    (i) Airbus Service Bulletin A320-53-1032, Revision 01, dated 
January 15, 1998.
    (ii) [Reserved]
    (6) For EASA AD 2020-0040R1, 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. For Airbus 
material, 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 https://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-2020-0451.
    (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 October 15, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-24642 Filed 11-6-20; 8:45 am]
BILLING CODE 4910-13-P