[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Rules and Regulations]
[Pages 85504-85506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28858]


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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; 
Amendment 39-21370; AD 2020-26-15]
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) 2016-07-
14, which applied 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 required replacing the 
clips, shear webs, and angles, related investigative actions, and 
repair if necessary. This AD retains the actions of AD 2016-07-14, and 
requires 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 is incorporated by 
reference. The FAA has also determined that additional airplanes are 
subject to the unsafe condition. 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 the unsafe condition on 
these products.

DATES: This AD is effective February 2, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 2, 
2021.

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.

[[Page 85505]]

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 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 2020-0153, 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, 39-
18459 (81 FR 21244, April 11, 2016) (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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2016-07-14. AD 2016-07-14 applied 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. The NPRM published in the Federal Register on October 
1, 2020 (85 FR 61892). The NPRM 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 NPRM 
proposed to 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 EASA AD 2020-0153. The 
NPRM also proposed to apply to additional airplanes subject to the 
unsafe condition.
    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. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has considered the comments 
received. United Airlines and an anonymous commenter indicated their 
support for the NPRM.

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 Service Information 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, shear 
webs, and angles at the rear fuselage area of section 19 at frame 72 
and frame 74 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.

Costs of Compliance

    The FAA estimates that this AD affects 219 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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                                                                                    Parts
                 Action                                 Labor cost                   cost           Cost per product           Cost on U.S. operators
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Retained actions from AD 2016-07-14      Up to 110 work-hours x $85 per hour =      $10,000  Up to $19,350................  Up to $851,400.
 (for 44 airplanes affected).             Up to $9,350.
New actions............................  126 work-hours x $85 per hour = $10,710     51,750  62,460.......................  13,678,740.
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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:

[[Page 85506]]

    (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) 2016-07-14, Amendment 39-18459 
(81 FR 21244, April 11, 2016), and
0
b. Adding the following new AD:

2020-26-15 Airbus SAS: Amendment 39-21370; Docket No. FAA-2020-0858; 
Project Identifier MCAI-2020-00949-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 2, 2021.

(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) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (2) Model A320-211, -212, -214, -216, -231, -232, and -233 
airplanes.
    (3) 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 responsible Flight 
Standards 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]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards 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): Except as required by 
paragraph (i)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those 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.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0153, 
dated July 10, 2020.
    (ii) [Reserved]
    (3) For 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.
    (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-2020-0858.
    (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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 11, 2020.
Lance T. Gant, Director,
Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2020-28858 Filed 12-28-20; 8:45 am]
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