AD 2019-05-09

[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Rules and Regulations]
[Pages 10259-10262]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-05199]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0121; Product Identifier 2019-NM-025-AD; Amendment 
39-19591; AD 2019-05-09]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Airbus SAS Model A320-251N and -271N airplanes, and Model A321-253N 
airplanes. This AD was prompted by reports of low clearance between the 
electrical harness and nearby hydraulic pipes in the inboard trailing 
edge of the wing. This AD requires repetitive detailed inspections of 
certain electrical harnesses for discrepancies and corrective actions, 
if necessary, as specified in an European Aviation Safety Agency (EASA) 
AD, which is incorporated by reference. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD becomes effective April 4, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 4, 
2019.
    We must receive comments on this AD by May 6, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 incorporation by reference (IBR) material described in the 
``Related IBR Material Under 1 CFR part 51'' section in SUPPLEMENTARY 
INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 89990 1000; email <a href="/cdn-cgi/l/email-protection#80c1c4f3c0e5e1f3e1aee5f5f2eff0e1aee5f5"><span class="__cf_email__" data-cfemail="f2b3b681b297938193dc9787809d8293dc9787">[email&#160;protected]</span></a>; 
internet www.easa.europa.eu. You may find this IBR material on the EASA 
website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. You may view this IBR material at 
the FAA, Transport Standards 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2019-
0121; 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 AD, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (telephone 800-
647-5527) is in the ADDRESSES section. Comments will be available in 
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.

SUPPLEMENTARY INFORMATION: 

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0035, dated February 15, 2019 
(``EASA AD 2019-0035'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A320-251N and -271N airplanes, 
and Model A321-253N airplanes. The MCAI states:

    Low clearance between electrical harness and nearby hydraulic 
pipes has been detected in the inboard trailing edge of some 
aeroplanes.
    This condition, if not detected and corrected, could lead to 
chafing of electrical harnesses on hydraulic pipes, eventually 
creating an ignition source in the flammable fluid leakage zone 
area, possibly resulting in fire or an explosion and loss of the 
aeroplane.
    To address this potential unsafe condition, Airbus issued the 
AOT [alert operators transmission], providing instructions to 
accomplish a detailed inspection (DET) for clearance and damage, and 
published the modification SB [Service Bulletin A320-29-1176], 
providing instructions to modify the electrical harness routing, 
increasing the clearance between electrical harness and hydraulic 
pipes.
    For the reasons described above, this [EASA] AD requires 
repetitive DET of the electrical harness and modification of the 
aeroplane.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0035 describes procedures for repetitive detailed 
inspections of certain electrical harnesses for discrepancies 
(clearance and damage) and corrective actions, if necessary. Corrective 
actions include repairing the electrical harness or replacing the 
electrical harness sleeve, and increasing the clearance between the 
affected electrical harness and hydraulic pipe. 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, and it is publicly available through the EASA 
website.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI referenced 
above. We are issuing this AD because we evaluated all pertinent 
information and determined the unsafe condition exists and is likely to 
exist or develop on other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2019-0035 described previously through the incorporated by reference of 
EASA AD 2019-0035, except for any differences identified as exceptions 
in the

[[Page 10260]]

regulatory text of this AD and except as discussed under ``Differences 
Between this AD and the MCAI.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA 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. As a result, 
EASA AD 2019-0035 is incorporated by reference in the FAA final rule. 
This AD, therefore, requires compliance with the provisions specified 
in EASA AD 2019-0035, except for any differences identified as 
exceptions in the regulatory text of this AD. Service information 
specified in EASA AD 2019-0035 that is required for compliance with 
EASA AD 2019-0035 is available on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2019-
0121.

Differences Between This AD and the MCAI

    EASA AD 2019-0035 specifies to modify the airplane (modification of 
the adaptation damper bulkhead fitting for left hand and right hand 
wings). For this AD, the modification, which would terminate the 
repetitive inspections required by this AD, is optional. However, we 
are considering further rulemaking to require this modification. The 
planned compliance time for the modification would allow enough time to 
provide notice and opportunity for prior public comment on the merits 
of the modification. This difference has been coordinated with EASA.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because failure to detect and correct chafing of electrical harnesses 
in the vicinity of hydraulic pipes could result in a potential source 
of ignition in the flammable fluid leakage zone, and possibly result in 
a fire or explosion and loss of the airplane. Therefore, we find good 
cause that notice and opportunity for prior public comment are 
impracticable. In addition, for the reasons stated above, we find that 
good cause exists for making this amendment effective in less than 30 
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2019-0121; Product 
Identifier 2019-NM-025-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD based on 
those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 14 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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6 work-hours x $85 per hour = $510...........................              $0             $510           $7,140
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                  Estimated Costs for Optional Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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16 work-hours x $85 per hour = $1,360.          $8,900          $10,260
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    We estimate the following costs for the necessary on-condition 
action that would be required based on the results of any required 
actions. We have no way of determining the number of aircraft that 
might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost               Parts cost       Cost per  product
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Up to 8 work-hours x $85 per              \*\ $0  Up to $680.
 hour = $680.
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* We have received no definitive data that would enable us to provide
  parts cost estimates.

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all known costs in our cost 
estimate.

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.

[[Page 10261]]

    We are 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    We determined that 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 adding the following new airworthiness 
directive (AD):

2019-05-09 Airbus SAS: Amendment 39-19591; Docket No. FAA-2019-0121; 
Product Identifier 2019-NM-025-AD.

(a) Effective Date

    This AD becomes effective April 4, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A320-251N and -271N 
airplanes, and Model A321-253N airplanes, certificated in any 
category, as identified in European Aviation Safety Agency (EASA) AD 
2019-0035, dated February 15, 2019 (``EASA AD 2019-0035'').

(d) Subject

    Air Transport Association (ATA) of America Code 92, Electric and 
electronic common installation.

(e) Reason

    This AD was prompted by reports of low clearance between the 
electrical harness and nearby hydraulic pipes in the inboard 
trailing edge of the wing. We are issuing this AD to address this 
condition, which, if not detected and corrected, could lead to 
chafing of electrical harnesses in the vicinity of hydraulic pipes 
and could result in a potential source of ignition in the flammable 
fluid leakage zone, and possibly result in a fire or explosion and 
loss 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 2019-0035.

(h) Exceptions to EASA AD 2019-0035

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0035 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0035 does not apply 
to this AD.
    (3) Where paragraph (4) of EASA AD 2019-0035 specifies to modify 
the airplane in accordance with Airbus Service Bulletin A320-29-
1176, this AD does not require modification of the airplane, but 
this AD allows that modification as an optional terminating action 
for the required repetitive inspections.
    (4) The provisions of paragraph (6) of EASA AD 2019-0035 are 
allowed in the optional modification specified in paragraph (h)(3) 
of this AD.

(i) No Reporting Requirement

    Although certain service information referenced in EASA AD 2019-
0035 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards 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 (k) of this AD. Information may 
be emailed to: <a href="/cdn-cgi/l/email-protection#4e77630f0003637f7f78630f03010d631c0b1f1b0b1d1a1d0e282f2f60292138"><span class="__cf_email__" data-cfemail="467f6b07080b6b7777706b070b09056b14031713031512150620272768212930">[email&#160;protected]</span></a>. 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, 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 2019-0035 that contains RC procedures and 
tests: Except as required by paragraph (j)(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.

(k) Related Information

    For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223.

(l) 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.

[[Page 10262]]

    (i) European Aviation Safety Agency (EASA) AD 2019-0035, dated 
February 15, 2019.
    (ii) [Reserved]
    (3) For EASA AD 2019-0035, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 89990 6017; email 
<a href="/cdn-cgi/l/email-protection#2a6b6e596a4f4b594b044f5f58455a4b044f5f"><span class="__cf_email__" data-cfemail="9adbdee9dafffbe9fbb4ffefe8f5eafbb4ffef">[email&#160;protected]</span></a>; Internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
    (4) You may view this EASA AD at the FAA, Transport Standards 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. EASA AD 
2019-0035 may be found in the AD docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2019-0121.
    (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, call 202-
741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Des Moines, Washington, on March 11, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-05199 Filed 3-19-19; 8:45 am]
 BILLING CODE 4910-13-P