AD 2020-17-01

[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Rules and Regulations]
[Pages 52263-52266]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-18489]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0688; Project Identifier MCAI-2020-00901-T; 
Amendment 39-21206; AD 2020-17-01]
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: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A319-115 and -153N; A320-214, -216, -232, -
251N, -252N, -271N, and -273N; and A321-211, -231, -251N, -253N, -271N, 
-272N, -251NX, -252NX, -253NX, and -271NX airplanes. This AD was 
prompted by reports of fuel leaks at the interface of the low pressure 
shut off valves on the pylon areas of engines 1 and 2 due to improperly 
installed parts during production. This AD requires a one-time detailed 
inspection of each low pressure shut off valve on the pylon areas of 
engines 1 and 2 for correct installation, and replacing the O-rings and 
torqueing the mounting bolts within specified values as applicable, as 
specified in a European Union Aviation Safety Agency (EASA) AD 2020-
0148, which is incorporated by reference. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD becomes effective September 9, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 9, 
2020.
    The FAA must receive comments on this AD by October 9, 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 EASA material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#dd9c99ae9db8bcaebcf3b8a8afb2adbcf3b8a8"><span class="__cf_email__" data-cfemail="1455506754717567753a7161667b64753a7161">[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, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2020-0688.

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-2020-
0688; 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, 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, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223; 
email <a href="/cdn-cgi/l/email-protection#f4a7959a9e958ddaa695989c959ab4929595da939b82"><span class="__cf_email__" data-cfemail="90c3f1fefaf1e9bec2f1fcf8f1fed0f6f1f1bef7ffe6">[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 2020-0148, dated July 6, 2020 
(``EASA AD 2020-0148'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A319-115 and -153N; A320-214, -
216, -232, -251N, -252N, -271N, and -273N; and A321-211, -231, -251N, -
253N, -271N, -272N, -251NX, -252NX, -253NX, and -271NX airplanes.
    This AD was prompted by reports of fuel leaks at the interface of 
the low pressure shut off valves on the pylon areas of engines 1 and 2 
due to improperly installed parts during production. The FAA is issuing 
this AD to address incorrect installation of the low pressure shut off 
valves, which could result in fuel spillage in the flammable zone. This 
condition, if not corrected, could result in an uncontrollable fire in 
an engine pylon. See the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0148 describes procedures for a one-time detailed 
inspection of each low pressure shut off valve on the pylon areas of 
engines 1 and 2 for correct installation, and replacing the O-rings and 
torqueing the mounting bolts within specified values as applicable. 
This material is

[[Page 52264]]

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 
2020-0148 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 2020-0148 
is incorporated by reference in this final rule. This AD, therefore, 
requires compliance with EASA AD 2020-0148 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 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 2020-0148 that is 
required for compliance with EASA AD 2020-0148 is available on the 
internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating 
Docket No. FAA-2020-0688.

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 incorrect installation of the low pressure shut off valves on 
the pylon areas of engines 1 and 2 could result in fuel spillage in the 
flammable zone. This condition, if not corrected, could result in an 
uncontrollable fire in an engine pylon. In addition, the compliance 
time for the required action is shorter than the time necessary for the 
public to comment and for publication of the final rule. 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.

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-2020-0688; 
Project Identifier MCAI-2020-00901-T'' 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.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments the FAA receives, 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 FAA receives about this AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to 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 <a href="/cdn-cgi/l/email-protection#fba89a95919a82d5a99a97939a95bb9d9a9ad59c948d"><span class="__cf_email__" data-cfemail="a7f4c6c9cdc6de89f5c6cbcfc6c9e7c1c6c689c0c8d1">[email&#160;protected]</span></a>. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

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.

Costs of Compliance

    The FAA estimates that this AD affects 188 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
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................             $ *           $255 *        $47,940 *
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the FAA to provide parts cost estimates for the
  actions specified in this AD.


[[Page 52265]]

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):

2020-17-01 Airbus SAS: Amendment 39-21206; Docket No. FAA-2020-0688; 
Project Identifier MCAI-2020-00901-T.

(a) Effective Date

    This AD becomes effective September 15, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the 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 2020-0148, dated July 6, 2020 (``EASA AD 2020-0148'').
    (1) Model A319-115 and -153N airplanes.
    (2) Model A320-214, -216, -232, -251N, -252N, -271N, and -273N 
airplanes.
    (3) Model A321-211, -231, -251N, -253N, -271N, -272N, -251NX, -
252NX, -253NX, and -271NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports of fuel leaks at the interface 
of the low pressure shut off valves on the pylon areas of engines 1 
and 2 due to improperly installed parts during production. The FAA 
is issuing this AD to address incorrect installation of the low 
pressure shut off valves, which could result in fuel spillage in the 
flammable zone. This condition, if not corrected, could result in an 
uncontrollable fire in an engine pylon.

(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 2020-0148.

(h) Exceptions to EASA AD 2020-0148

    (1) Where EASA AD 2020-0148 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0148 does not apply 
to this AD.
    (3) Where EASA AD 2020-0148 specifies to comply with ``the 
instructions of the AOT,'' this AD requires compliance with the 
procedures marked as ``RC'' (required for compliance) in the Alert 
Operators Transmission (AOT); except, where paragraph (1) of EASA AD 
2020-0148 specifies accomplishing a detailed inspection ``in 
accordance with the instructions of the AOT,'' this AD requires 
accomplishing a detailed inspection ``in accordance with the 
instructions in steps 2 through 4 of the AOT.''

(i) No Reporting

    Although the service information specified in EASA AD 2020-0148 
includes reporting certain information to the manufacturer as an 
``RC'' (required for compliance) step, 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, 
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 (k) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#1a23375b4c49375b5348372d292a375b5755595a7c7b7b347d756c"><span class="__cf_email__" data-cfemail="390014786f6a1478706b140e0a09147874767a795f5858175e564f">[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, 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 
paragraphs (h)(3) and (j)(2) of this AD, for service information 
that contains steps that are labeled as ``RC'' (required for 
compliance), the provisions of paragraphs (j)(3)(i) and (ii) of this 
AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD.
    (ii) Steps not referenced in EASA AD 2020-0148 that contains RC 
procedures and tests: 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, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223; email <a href="/cdn-cgi/l/email-protection#9dcefcf3f7fce4b3cffcf1f5fcf3ddfbfcfcb3faf2eb"><span class="__cf_email__" data-cfemail="dd8ebcb3b7bca4f38fbcb1b5bcb39dbbbcbcf3bab2ab">[email&#160;protected]</span></a>.

(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.

[[Page 52266]]

    (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 2020-0148, 
dated July 6, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0148, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#fdbcb98ebd989c8e9cd398888f928d9cd39888"><span class="__cf_email__" data-cfemail="c68782b586a3a7b5a7e8a3b3b4a9b6a7e8a3b3">[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, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2020-0688.
    (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#701615140215175e1c1517111c301e1102115e171f06"><span class="__cf_email__" data-cfemail="8aecefeef8efeda4e6efedebe6cae4ebf8eba4ede5fc">[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 August 5, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-18489 Filed 8-24-20; 8:45 am]
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