AD 2020-01-17

[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Rules and Regulations]
[Pages 5310-5313]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-01634]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1080; Product Identifier 2020-NM-002-AD; Amendment 
39-19823; AD 2020-01-17]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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[[Page 5311]]

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A318 series airplanes; Model A319 series airplanes; 
Model A320 series airplanes; and Model A321 series airplanes. This AD 
was prompted by a report that during airplane boarding a loud bang was 
heard. A subsequent inspection revealed that one emergency escape 
slide/raft was found with zero reservoir pressure, due to a burst 
rupture disk assembly in the inflation reservoir, which was probably 
caused by a manufacturing defect. This AD requires repetitive checks of 
the pressure gauges on the inflation reservoir of each emergency escape 
slide/raft to determine the amount of pressure and, depending on 
findings, accomplishment of applicable corrective actions, as specified 
in a European Union Aviation Safety Agency (EASA) AD, which is 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD becomes effective February 14, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 14, 
2020.
    The FAA must receive comments on this AD by March 16, 2020.

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="https://www.regulations.gov">https://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 material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 89990 1000; email <a href="/cdn-cgi/l/email-protection#3372774073565240521d5646415c43521d5646"><span class="__cf_email__" data-cfemail="27666354674246544609425255485746094252">[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="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2019-1080.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2019-
1080; 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 is listed above. 
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; email 
<a href="/cdn-cgi/l/email-protection#3566545b5f544c1b6754595d545b755354541b525a43"><span class="__cf_email__" data-cfemail="d685b7b8bcb7aff884b7babeb7b896b0b7b7f8b1b9a0">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0316, dated December 23, 2019 
(``EASA AD 2019-0316'') (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, -153N, and -171N 
airplanes; Model A320-211, -212, -214, -215, -216, -231, -232, -233, -
251N, -252N, -253N, -271N, -272N and -273N airplanes; and Model A321 
series airplanes. Model A319-153N and 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.
    This AD was prompted by a report that during airplane boarding a 
loud bang was heard. A subsequent inspection revealed that one 
emergency escape slide/raft was found with zero reservoir pressure, due 
to a burst rupture disk assembly in the inflation reservoir, which was 
probably caused by a manufacturing defect. The FAA is issuing this AD 
to address insufficient reservoir pressure in an emergency escape 
slide/raft, which would prevent the deployment of the emergency escape 
slide/raft during an emergency, possibly resulting in injury to the 
occupants. See the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0316 describes procedures for repetitive checks of the 
pressure gauge on the inflation reservoir of each emergency escape 
slide/slide raft to determine the amount of pressure, and applicable 
corrective actions. The corrective actions include, among other things, 
replacement of any affected emergency escape slide/raft or inflation 
reservoir.
    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.

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 the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD because the FAA 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 
2019-0316 described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially 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. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2019-0316 
will be incorporated by reference in the FAA final rule. This AD, 
therefore, requires compliance with EASA AD 2019-0316 in its entirety, 
through that incorporation, except for any differences identified as 
exceptions in the regulatory text of this AD. Using common terms that 
are the same as the heading of a particular section in the EASA AD does 
not mean that operators need comply only with that section. For 
example, where the AD requirement refers to ``all required actions and 
compliance times,'' compliance with

[[Page 5312]]

this AD requirement is not limited to the section titled ``Required 
Action(s) and Compliance Time(s)'' in the EASA AD. Service information 
specified in EASA AD 2019-0316 that is required for compliance with 
EASA AD 2019-0316 will be available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2019-
1080 after the FAA final rule is published.

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 if a rupture disk assembly in the inflation reservoir of an 
emergency escape slide/slide raft burst it would result in a sudden 
loss of reservoir pressure and prevent the deployment of the emergency 
escape slide/raft during an emergency, possibly resulting in injury to 
the occupants. Due to the severity of this problem, the emergency 
escape slide/slide raft must be inspected to ensure proper deployment 
using a shorter compliance interval than is practical through the 
notice and comment rulemaking process. Therefore, the FAA finds good 
cause that notice and opportunity for prior public comment are 
impracticable. In addition, for the reasons stated above, the FAA finds 
that good cause exists for making this amendment effective in less than 
30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites 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-2019-1080; 
Product Identifier 2020-NM-002-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. The FAA will 
consider all comments received by the closing date and may amend this 
AD based on those comments.
    The FAA will post all comments, without change, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this AD.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking at that time.

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:

                                      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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1 work-hour x $85 per hour = $85.............................              $0              $85         $132,005
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    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions 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

    The FAA 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, and
    (2) Will not affect intrastate aviation in Alaska.

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):

2020-01-17 Airbus SAS: Amendment 39-19823; Docket No. FAA-2019-1080; 
Product Identifier 2020-NM-002-AD.

(a) Effective Date

    This AD becomes effective February 14, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies all Airbus SAS airplanes, certificated in any 
category, as identified in paragraphs (c)(1) through (4) of this AD.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N and -171N airplanes.

[[Page 5313]]

    (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, -252N,
    -253N, -271N, -272N, -251NX, -252NX, -253NX, 271NX, and -272NX 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by a report that during airplane boarding a 
loud bang was heard. A subsequent inspection revealed that one 
emergency escape slide/raft was found with zero reservoir pressure, 
due to a burst rupture disk assembly in the inflation reservoir, 
which was probably caused by a manufacturing defect. The FAA is 
issuing this AD to address insufficient reservoir pressure in an 
emergency escape slide/raft, which would prevent the deployment of 
the emergency escape slide/raft during an emergency, possibly 
resulting in injury to the occupants.

(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 Union Aviation Safety Agency (EASA) AD 
2019-0316, dated December 23, 2019 (``EASA AD 2019-0316'').

(h) Exceptions to EASA AD 2019-0316

    (1) Where EASA AD 2019-0316 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0316 does not apply 
to this AD.
    (3) Where EASA AD 2019-0316 specifies to comply with ``the 
instructions of the AOT,'' this AD requires compliance with the 
procedures marked as required for compliance (RC) in the Alert 
Operators Transmission (AOT).

(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#1b22365a5556362a2a2d365a56545836495e4a4e5e484f485b7d7a7a357c746d"><span class="__cf_email__" data-cfemail="043d29454a49293535322945494b47295641555141575057446265652a636b72">[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 2019-0316 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; email <a href="/cdn-cgi/l/email-protection#095a6867636870275b6865616867496f6868276e667f"><span class="__cf_email__" data-cfemail="d083b1bebab1a9fe82b1bcb8b1be90b6b1b1feb7bfa6">[email&#160;protected]</span></a>.

(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 2019-0316, 
dated December 23, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0316, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email <a href="/cdn-cgi/l/email-protection#57161324173236243679322225382736793222"><span class="__cf_email__" data-cfemail="3d7c794e7d585c4e5c1358484f524d5c135848">[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 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. This 
material may be found in the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2019-1080.
    (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 
<a href="/cdn-cgi/l/email-protection#f89e9d9c8a9d9fd6949d9f9994b896998a99d69f978e"><span class="__cf_email__" data-cfemail="187e7d7c6a7d7f36747d7f79745876796a79367f776e">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on January 21, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-01634 Filed 1-29-20; 8:45 am]
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