AD 2020-22-16

[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Rules and Regulations]
[Pages 70439-70442]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-24527]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0590; Product Identifier 2020-NM-055-AD; Amendment 
39-21312; AD 2020-22-16]
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) 2017-25-
04, which applied to certain Airbus SAS Model A318 series airplanes; 
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 
FAA is also superseding AD 2019-03-17, which applies to certain Airbus 
SAS Model A318 series airplanes; Model A319-111, -112, -113, -114, -
115, -131, -132, and -133 airplanes; Model A320-211, -212, -214, -216, 
-231, -232, -233, -251N, and -271N airplanes; and Model A321 series 
airplanes. AD 2019-03-17 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new maintenance 
requirements and airworthiness limitations. This AD retains the 
requirements of AD 2019-03-17 and also requires new or more restrictive 
airworthiness limitations, as specified in a European Union Aviation 
Safety Agency (EASA) AD, which is incorporated by reference. This AD 
was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective December 10, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 10, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of April 
3, 2019 (84 FR 6315, February 27, 2019).

ADDRESSES: 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#80c1c4f3c0e5e1f3e1aee5f5f2eff0e1aee5f5"><span class="__cf_email__" data-cfemail="a5e4e1d6e5c0c4d6c48bc0d0d7cad5c48bc0d0">[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>. For the Airbus material identified in 
this AD that continues to be IBR, contact Airbus SAS, Airworthiness 
Office--EIAS, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, 
France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email 
<a href="/cdn-cgi/l/email-protection#ff9e9c9c908a918bd19e968d88908d8b97d29a9e8cbf9e968d9d8a8cd19c9092"><span class="__cf_email__" data-cfemail="2c4d4f4f43594258024d455e5b435e584401494d5f6c4d455e4e595f024f4341">[email&#160;protected]</span></a>; internet <a href="https://www.airbus.com">https://www.airbus.com</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-2020-0590.

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-
0590; 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 <a href="/cdn-cgi/l/email-protection#463527282c273f6834272a2e27280620272768212930"><span class="__cf_email__" data-cfemail="cdbeaca3a7acb4e3bfaca1a5aca38dabacace3aaa2bb">[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 2020-0067, dated March 23, 2020 
(``EASA AD 2020-0067'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A318-111, -112, -121, and -122 
airplanes; Model A319-111, -112, -113, -114, -115,

[[Page 70440]]

-131, -132, -133, -151N, and -153N airplanes; Model A320-211, -212, -
214, -215, -216, -231, -232, -233, -251N, -252N, -253N, -271N, -272N, 
and -273N airplanes; Model A321-111, -112, -131, -211, -212, -213, -
231, -232, -251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -
271NX, and -272NX airplanes. 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 2017-25-04, Amendment 39-19118 (82 FR 
58098, December 11, 2017) (``AD 2017-25-04''). AD 2017-25-04 applied to 
certain Airbus SAS Model A318-111, -112, -121, and -122 airplanes; 
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 also proposed to supersede AD 2019-03-17, Amendment 39-
19569 (84 FR 6315, February 27, 2019) (``AD 2019-03-17''). AD 2019-03-
17 applied to certain Airbus SAS Model A318 series airplanes; Model 
A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model 
A320-211, -212, -214, -216, -231, -232, -233, -251N, and -271N 
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, -
232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, 
and -272NX airplanes.
    The NPRM published in the Federal Register on June 17, 2020 (85 FR 
36519). The NPRM was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The NPRM proposed 
to require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations, as specified in a European Union Aviation Safety Agency 
(EASA) AD.
    The FAA is issuing this AD to address a safety-significant latent 
failure (that is not annunciated), which, in combination with one or 
more other specific failures or events, could result in a hazardous or 
catastrophic failure condition. See the MCAI for additional background 
information.

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. United 
Airlines expressed support for the NPRM.

Request To Confirm Intent To Allow Use of Later ALS Revisions

    Delta Air Lines (DAL) requested confirmation that the FAA intended 
to allow the use of later ALS revisions to comply with the proposed AD. 
The commenter noted that previous ADs required an alternative method of 
compliance (AMOC) to use a later ALS revision.
    The FAA confirms that it intends to allow the use of applicable 
later ALS revisions to comply with the requirements of this AD. This AD 
refers to EASA AD 2020-0067 as the appropriate source of service 
information for accomplishing the required actions. EASA AD 2020-0067 
includes the Ref. Publications section, which accepts the use of later 
approved variations or revisions of the referenced ALS document for 
compliance. Therefore, later approved ALS revisions are acceptable as 
specified in paragraph (k) of this final rule. The FAA has also updated 
the language in paragraph (k) to be consistent with other rules using 
this format but the substance of this requirement has not changed.

Request To Allow AMOC Approved Alternative Actions and Intervals

    Delta Air Lines requested revising paragraph (k) of the proposed AD 
to allow for alternative actions and intervals that are approved in 
accordance with the procedures specified in paragraph (l)(1) of the 
proposed AD. The FAA infers a desire to maintain consistency with other 
ADs.
    The FAA acknowledges the commenter's request and provides 
clarification that, if applicable, requesting an AMOC is always an 
option; therefore, it is not necessary to revise paragraph (k) of this 
AD. This AD has not been changed regarding this request.

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 with 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.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0067 describes airworthiness limitations for 
certification maintenance requirements.
    This AD also requires Airbus A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) Part 3, Certification Maintenance 
Requirements (CMR), Revision 06, dated June 13, 2018, which the 
Director of the Federal Register approved for incorporation by 
reference as of April 3, 2019 (84 FR 6315, February 27, 2019).
    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 1,553 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2019-03-17 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate.
    The FAA estimates the total cost per operator for the new actions 
to be $7,650 (90 work-hours x $85 per work-hour).

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

[[Page 70441]]

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:
    (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) 2017-25-04, Amendment 39-19118 
(82 FR 58098, December 11, 2017); and AD 2019-03-17, Amendment 39-19569 
(84 FR 6315, February 27, 2019); and
0
b. Adding the following new AD:

2020-22-16 Airbus SAS: Amendment 39-21312; Docket No. FAA-2020-0590; 
Product Identifier 2020-NM-055-AD.

(a) Effective Date

    This AD is effective December 10, 2020.

(b) Affected ADs

    This AD replaces AD 2017-25-04, Amendment 39-19118 (82 FR 58098, 
December 11, 2017) (``AD 2017-25-04''); and AD 2019-03-17, Amendment 
39-19569 (84 FR 6315, February 27, 2019) (``AD 2019-03-17'').

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category, with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before January 17, 
2020.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -153N airplanes.
    (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 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address a safety-significant latent failure (that 
is not annunciated), which, in combination with one or more other 
specific failures or events, could result in a hazardous or 
catastrophic failure condition.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2019-03-17, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before June 13, 2018: Within 90 days 
after April 3, 2019 (the effective date of AD 2019-03-17), revise 
the existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Airbus A318/A319/A320/A321 
Airworthiness Limitations Section (ALS) Part 3, Certification 
Maintenance Requirements (CMR), Revision 06, dated June 13, 2018. 
The initial compliance time for accomplishing the tasks specified in 
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) 
Part 3, Certification Maintenance Requirements (CMR), Revision 06, 
dated June 13, 2018, is at the applicable time specified in Airbus 
A318/A319/A320/A321 ALS Part 3, Certification Maintenance 
Requirements (CMR), Revision 06, dated June 13, 2018, or within 90 
days after April 3, 2019, whichever occurs later. Accomplishing the 
maintenance or inspection program revision required by paragraph (i) 
of this AD terminates the requirements of this paragraph.

(h) Retained Restrictions on Alternative Actions and Intervals With a 
New Exception

    This paragraph restates the requirements of paragraph (i) of AD 
2019-03-17, with a new exception. Except as required by paragraph 
(i) of this AD, after the maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (l)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2020-0067, dated March 23, 2020 (``EASA AD 2020-0067''). 
Accomplishing the maintenance or inspection program revision 
required by this paragraph terminates the requirements of paragraph 
(g) of this AD.

(j) Exceptions to EASA AD 2020-0067

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0067 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0067 specifies revising ``the 
AMP'' within 12 months after its effective date, but this AD 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate the ``tasks and associated thresholds and 
intervals'' specified in paragraph (3) of EASA AD 2020-0067 within 
90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2020-0067 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2020-0067, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2020-0067 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0067 does not apply 
to this AD.

(k) New Provisions for Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (i) of this AD, no alternative actions (e.g., 
inspections) or intervals are allowed unless they are approved as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2020-0067.

(l) 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 (m) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#d3eafe928580fe929a81fee4e0e3fe929e9c9093b5b2b2fdb4bca5"><span class="__cf_email__" data-cfemail="b28b9ff3e4e19ff3fbe09f8581829ff3fffdf1f2d4d3d39cd5ddc4">[email&#160;protected]</span></a>.
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager

[[Page 70442]]

of the local flight standards district office/certificate holding 
district office.
    (ii) AMOCs approved previously as specified in paragraph 
(j)(1)(ii) of AD 2019-03-17 are approved as AMOCs for the 
corresponding provisions of paragraph (g) of this AD.
    (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): For any service information 
referenced in EASA AD 2020-0067 that contains RC procedures and 
tests: Except as required by paragraph (l)(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.

(m) 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#a2d1c3ccc8c3db8cd0c3cecac3cce2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="fc8f9d92969d85d28e9d90949d92bc9a9d9dd29b938a">[email&#160;protected]</span></a>.

(n) 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.
    (3) The following service information was approved for IBR on 
December 10, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0067, 
dated March 23, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
April 3, 2019 (84 FR 6315, February 27, 2019).
    (i) Airbus A318/A319/A320/A321 Airworthiness Limitations Section 
(ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 
06, dated June 13, 2018.
    (ii) [Reserved]
    (5) For EASA AD 2020-0067, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#95d4d1e6d5f0f4e6f4bbf0e0e7fae5f4bbf0e0"><span class="__cf_email__" data-cfemail="56171225163337253778332324392637783323">[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>.
    (6) 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-2020-0590.
    (7) 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#c3a5a6a7b1a6a4edafa6a4a2af83ada2b1a2eda4acb5"><span class="__cf_email__" data-cfemail="a8cecdccdacdcf86c4cdcfc9c4e8c6c9dac986cfc7de">[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 October 21, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-24527 Filed 11-4-20; 8:45 am]
BILLING CODE 4910-13-P