AD 2019-11-09

[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Rules and Regulations]
[Pages 28719-28722]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-13059]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-1068; Product Identifier 2018-NM-140-AD; Amendment 
39-19655; AD 2019-11-09]
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 adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A319-113 and -114 airplanes, and Model A320-211 and -
212 airplanes. This AD was prompted by a report that a life-limit of 
64,000 flight cycles has been established for certain titanium 
crossbeams of the forward engine mount. This AD requires repetitive 
replacements of all affected crossbeams of the forward engine mount, as 
specified in European Aviation Safety Agency (EASA) ADs, which are 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective July 25, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 25, 
2019.

ADDRESSES: For the material incorporated by reference (IBR) in this 
final rule, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 89990 1000; email <a href="/cdn-cgi/l/email-protection#2e6f6a5d6e4b4f5d4f004b5b5c415e4f004b5b"><span class="__cf_email__" data-cfemail="b6f7f2c5f6d3d7c5d798d3c3c4d9c6d798d3c3">[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-2018-
1068; 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, the regulatory evaluation, 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, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus SAS Model 
A319-113 and -114 airplanes, and Model A320-211 and -212 airplanes. The 
NPRM published in the Federal Register on February 7, 2019 (84 FR 
2465). The NPRM was prompted by a report that a life-limit of 64,000 
flight cycles has been established for certain titanium crossbeams of 
the forward engine mount. The NPRM proposed to require repetitive 
replacements of all affected crossbeams of the forward engine mount.
    The FAA is issuing this AD to address failure of a crossbeam of the 
forward engine mount, which could result in detachment of the engine 
and

[[Page 28720]]

consequent reduced controllability of the airplane.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0212R1, dated March 28, 2019 
(``EASA AD 2018-0212R1'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A319-113 and -114 airplanes, and 
Model A320-211 and -212 airplanes. The MCAI states:

    The forward engine mount crossbeam of the CFM56-5A engine, [part 
number] P/N 238-0204-501, is made of titanium. A life limit of 
64,000 FC [flight cycles] has been demonstrated. Due to potential 
transferability of a crossbeam from one aeroplane to another, it is 
necessary to track the life of this part and to remove it before 
exceeding the life limit.
    This condition, if not corrected, could lead to forward engine 
mount crossbeam failure, possibly resulting in engine detachment in 
flight and consequent reduced control of the aeroplane.
    To address this potential unsafe condition, Airbus published the 
SB [Service Bulletin A320-71-1073, dated June 8, 2018], providing 
instructions to identify the P/N of the crossbeam installed on an 
aeroplane and to remove affected crossbeam before exceeding the life 
limit. Airbus also issued SB A320-71-1076, providing modification 
instructions for installation of improved forward engine mount steel 
crossbeams P/N 642-2002-503. Consequently, EASA issued AD 2018-0212 
[which was referred to as the appropriate source of service 
information for accomplishing the actions specified in the FAA 
NPRM], requiring the implementation of the new life limit for the 
affected crossbeams.
    Since that [EASA] AD was issued, following a re-assessment of 
comments received during the consultation period of [Proposed 
Airworthiness Directive] PAD 18-091 which preceded EASA AD 2018-
0212, EASA agrees that an affected crossbeam having P/N 238-0204-501 
can be (re)installed on any aeroplane, provided its accumulated life 
is less than the applicable life limit.
    For the reason described above, this [EASA] AD is revised 
accordingly.

    You may examine the MCAI 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-2018-
1068.

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.

Support for the NPRM

    Donovan Twiddle, Jr., agreed that the proposed AD should be 
implemented.

Request for Exception to EASA AD Requirement

    Delta Air Lines (DAL) asked that the proposed AD include an 
exception to the language in paragraph (2) of EASA AD 2018-2012, which 
specifies ``Replacing on an aeroplane any affected crossbeam with 
crossbeam having P/N 642-2002-503 in accordance with instructions 
provided by Airbus is an acceptable alternative method to comply with 
the requirements of paragraph (1) of this [EASA] AD, provided that, 
following modification, no affected crossbeam is installed on that 
aeroplane.'' DAL stated that omitting the language ``provided that, 
following modification, no affected crossbeam is installed on that 
aeroplane'' would allow for the crossbeam having P/N 642-2002-503 to be 
managed like any other CFM56 life-limited engine component, while 
continuing to prohibit installing a crossbeam that has been modified to 
have P/N 642-2002-503.
    DAL pointed out that, since the NPRM was published, the EASA has 
issued EASA AD 2018-0212R1, which addresses its original request 
(described previously) and, therefore, requested that the NPRM be 
revised to refer to EASA AD 2018-0212R1 as the appropriate source of 
information for complying with the proposed AD.
    The FAA agrees that this final rule should refer to EASA AD 2018-
0212R1 for accomplishing the required actions. As noted by the 
commenter, paragraph (2) of EASA AD 2018-0212R1 does not contain the 
language ``provided that, following modification, no affected crossbeam 
is installed on that aeroplane.'' The agency determined that no 
additional work is required for airplanes that have accomplished the 
actions as required by EASA AD 2018-0212, dated September 28, 2018 
(``EASA AD 2018-0212''). Therefore, the agency has revised all 
applicable sections in this final rule to also specify EASA AD 2018-
0212R1.

Request To Revise Crossbeam Accumulated Life Definition

    DAL asked that the FAA revise the proposed AD to include a revised 
definition of crossbeam accumulated life. DAL stated that it received 
information from Airbus indicating that the data contained in the life 
estimation tables of EASA AD 2018-0212 and EASA AD 2018-0212R1, and in 
Airbus Service Bulletin A320-71-1073, dated June 8, 2018, and Revision 
01, dated January 3, 2019, was generated using 2015 fleet utilization 
data. DAL noted that Airbus has received updated fleet utilization data 
from 2017 that better estimates the flight cycle count for operators, 
and substantiates a compliance window later than the January 31, 2019 
date required by EASA AD 2018-0212 and EASA AD 2018-0212R1, and the 
referenced service information. DAL added that there are operators that 
have the ability to trace the actual accumulated mount assembly and 
crossbeam flight cycles from dates earlier than ``Life estimation done 
on'' date of the life estimation tables included in Appendix 01 of EASA 
AD 2018-0212 and EASA AD 2018-0212R1. DAL explained that Airbus has 
been able to provide operators with an accumulated life estimation that 
takes Airbus's updated fleet utilization Monte Carlo counting method 
and the operator's actual flight cycle data into account. DAL went on 
to explain that the updated Monte Carlo counting method also includes 
crossbeams where the date of manufacture was not explicitly known and 
was assumed to be before January 1, 1988. For crossbeams where the date 
of manufacture was not identified, DAL stated that it believes the use 
of Airbus data and maintenance records, while still assuming a date of 
manufacture before January 1, 1988, would not adversely affect the 
level of safety of the airplane. By still assuming the worst case 
scenario for the date of manufacture, DAL asserted that the most 
conservative estimate for crossbeam accumulated life is still being 
used. DAL provided a revised definition of crossbeam accumulated life, 
and stated that the proposed definition would allow operators to use 
the updated Monte Carlo counting method from Airbus and maintenance 
records for all crossbeams, as well as also taking into account the 
fact that the final rule should require the use of ``total flight 
cycles.''
    The FAA does not agree with the commenter's request. The agency has 
not received any new life estimation data either from EASA or Airbus, 
other than that referenced in EASA AD 2018-0212R1. After the NPRM 
comment period closed, the FAA contacted EASA; EASA confirmed that the 
life estimation table in Appendix 1 of EASA AD 2018-0212R1 is based on 
the latest data received from Airbus. In addition, the agency does not 
have access to the latest data referenced by DAL. In order to calculate 
flight cycles based on new fleet utilization information received from 
Airbus, which would allow DAL to continue operation with the affected 
part later than EASA's estimation, DAL may request approval of an 
alternative method of compliance (AMOC) under

[[Page 28721]]

the provisions of paragraph (i)(1) of this AD. The FAA has not changed 
this AD regarding this issue.

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 changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA has 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 ADs 2018-0212 and 2018-0212R1 describe procedures for 
repetitive replacements of all affected crossbeams of the forward 
engine mount and an optional replacement as an acceptable method of 
compliance for the required replacement. These documents are distinct 
since AD 2018-0212R1 includes updated requirements and definitions, and 
references updated service information. 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 59 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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              Labor cost                      Parts cost           Cost per  product     Cost on U.S.  operators
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Up to 134 work-hours x $85 per hour =  Up to $23,278..........  Up to $34,668..........  Up to $2,045,412.
 Up to $11,390.
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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.
    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

    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.

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):

2019-11-09 Airbus SAS: Amendment 39-19655; Docket No. FAA-2018-1068; 
Product Identifier 2018-NM-140-AD.

(a) Effective Date

    This AD is effective July 25, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A319-113 and -114 
airplanes, and Model A320-211 and -212 airplanes, certificated in 
any category.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by a report that a life-limit of 64,000 
flight cycles has been established for certain titanium crossbeams 
of the forward engine mount. The FAA is issuing this AD to address 
failure of a crossbeam of the forward engine mount, which could 
result in detachment of the engine and consequent reduced 
controllability 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 European Aviation Safety Agency (EASA) AD 2018-0212, 
dated September 28, 2018 (``EASA AD 2018-0212''), or EASA AD 2018-
0212R1, dated March 28, 2019 (``EASA AD 2018-0212R1'').

(h) Exceptions to EASA ADs 2018-0212 and 2018-0212R1

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA ADs 2018-0212 and 2018-0212R1 refer to the 
effective date of EASA

[[Page 28722]]

AD 2018-0212 (October 12, 2018), this AD requires using the 
effective date of this AD.
    (2) Where paragraph (2) of EASA ADs 2018-0212 and 2018-0212R1 
specifies replacing ``with instructions provided by Airbus,'' for 
this AD, the replacement must be done using a method approved in 
accordance with the procedures specified in paragraph (i)(2) of this 
AD.
    (3) Where paragraphs (1) and (3) of EASA ADs 2018-0212 and 2018-
0212R1 specify flight cycles (FC), this AD requires using ``total 
flight cycles.''
    (4) The ``Remarks'' sections of EASA ADs 2018-0212 and 2018-
0212R1 do not apply.

(i) 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 (j) of this AD. Information may 
be emailed to: <a href="/cdn-cgi/l/email-protection#754c58343b38584444435834383a36582730242030262126351314145b121a03"><span class="__cf_email__" data-cfemail="88b1a5c9c6c5a5b9b9bea5c9c5c7cba5dacdd9ddcddbdcdbc8eee9e9a6efe7fe">[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 2018-0212 or EASA AD 2018-0212R1 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 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, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223.

(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 Aviation Safety Agency (EASA) AD 2018-0212, dated 
September 28, 2018.
    (ii) European Aviation Safety Agency (EASA) AD 2018-0212R1, 
dated March 28, 2019.
    (3) For EASA AD 2018-0212 and EASA AD 2018-0212R1, contact the 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 
221 89990 6017; email <a href="/cdn-cgi/l/email-protection#77363304371216041659120205180716591202"><span class="__cf_email__" data-cfemail="6322271023060210024d0616110c13024d0616">[email&#160;protected]</span></a>; internet 
www.easa.europa.eu. You may find these EASA ADs on the EASA website 
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
    (4) You may view these EASA ADs 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 
2018-0212 and EASA AD 2018-0212R1 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-2018-1068.
    (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 June 10, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-13059 Filed 6-19-19; 8:45 am]
 BILLING CODE 4910-13-P