AD 2021-02-17

[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10733-10736]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-03569]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0900; Product Identifier 2020-NM-080-AD; Amendment 
39-21400; AD 2021-02-17]
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 A318 series airplanes; Model A319-111, A319-112, A319-
113, A319-114, A319-115, A319-131, A319-132, A319-133, A319-151N, and 
A319-153N airplanes; Model A320 series airplanes; and Model A321 series 
airplanes. This AD was prompted by the results of laboratory tests on 
non-rechargeable lithium batteries installed in emergency locator 
transmitters (ELT), which highlighted a lack of protection against 
certain currents that could lead to thermal runaway and a battery fire. 
This AD requires modifying a certain ELT by installing a diode in the 
airplane circuit connecting the ELT battery, 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 is effective March 30, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 30, 
2021.

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#2a6b6e596a4f4b594b044f5f58455a4b044f5f"><span class="__cf_email__" data-cfemail="0544417645606476642b6070776a75642b6070">[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 Airbus SAS service information 
incorporated by reference in this AD, 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#076664646872697329666e75706875736f2a62667447666e756572742964686a"><span class="__cf_email__" data-cfemail="d0b1b3b3bfa5bea4feb1b9a2a7bfa2a4b8fdb5b1a390b1b9a2b2a5a3feb3bfbd">[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-2020-0900.

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-
0900; 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#1d4e7c73777c64334f7c71757c735d7b7c7c337a726b"><span class="__cf_email__" data-cfemail="d98ab8b7b3b8a0f78bb8b5b1b8b799bfb8b8f7beb6af">[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 2020-0103, dated May 7, 2020; 
corrected May 8, 2020 (EASA AD 2020-0103) (also referred to as the 
Mandatory Continuing Airworthiness Information, or the MCAI), to 
correct an unsafe condition for all Airbus SAS Model A318-111, A318-
112, A318-121, A318-122 airplanes; Model A319-111, A319-112, A319-113, 
A319-114, A319-115, A319-131, A319-132, A319-133, A319-151N, and A319-
153N airplanes; Model A320-211, A320-212, A320-214, A320-215, A320-216, 
A320-231, A320-232, A320-233, A320-251N, A320-252N, A320-253N, A320-
271N, A320-272N, and A320-273N airplanes; and Model A321-111, A321-112, 
A321-131, A321-211, A321-212, A321-213, A321-231, A321-232, A321-251N, 
A321-252N, A321-253N, A321-271N, A321-272N, A321-251NX, A321-252NX, 
A321-253NX, A321-271NX, and A321-272NX 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 by adding an AD that would

[[Page 10734]]

apply to all Airbus SAS Model A318 series airplanes; Model A319-111, 
A319-112, A319-113, A319-114, A319-115, A319-131, A319-132, A319-133, 
A319-151N, and A319-153N airplanes; Model A320 series airplanes; and 
Model A321 series airplanes. The NPRM published in the Federal Register 
on October 1, 2020 (85 FR 61884). The NPRM was prompted by the results 
of laboratory tests on non-rechargeable lithium batteries installed in 
ELTs, which highlighted a lack of protection against certain currents 
that could lead to thermal runaway and a battery fire. The NPRM 
proposed to require modifying a certain ELT by installing a diode in 
the airplane circuit connecting the ELT battery, as specified in an 
EASA AD.
    The FAA is issuing this AD to address this unsafe condition, which 
could result in local (temporary) fires and could result in damage to 
the airplane and injury to occupants. 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 comment received 
on the NPRM and the FAA's response.

Request To Allow the Use of Additional Service Information

    American Airlines (AA) requested that operators be allowed to use 
the following Airbus SAS technical adaptations (TAs) during 
accomplishment of the related Airbus SAS service bulletins that are 
specified in EASA AD 2020-0103. The commenter noted that certain 
airplane maintenance manual (AMM) tasks referred to in Airbus SAS 
Service Bulletin A320-25-1BQN, dated December 5, 2019; and Service 
Bulletin A320-25-1BQP, dated December 5, 2019; are incorrect. The 
commenter stated that it contacted Airbus SAS regarding this issue and 
Airbus SAS' response was that there is no planned revision to these 
service bulletins to correct the references to the incorrect AMM tasks.
    The FAA agrees with the commenter's request for the reason 
provided. The FAA has added paragraph (h)(4) to this AD to allow use of 
the correct TAs.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule with the change 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 also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0103 describes procedures for modifying a certain ELT 
by installing a diode in the airplane circuit connecting the ELT 
battery.
    Airbus SAS has issued the following TAs, which specify the correct 
AMM tasks for doing the BITE [built-in test equipment] test of the ELT 
specified in the related Airbus SAS service bulletins. These TAs are 
distinct since they apply to different service bulletins specified in 
EASA AD 2020-0103.
    <bullet> Airbus SAS TA 80724343/009/2020, Issue 1, dated May 20, 
2020.
    <bullet> Airbus SAS TA 80832689/007/2020, Issue 2, dated October 
29, 2020.
    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.

Clarification of Maintenance Activities With an Affected Part

    EASA AD 2020-0103 defines an affected part as an ELT having part 
number (P/N) 01N65900. When the modification (installation of a diode) 
is completed, the part number of the ELT does not change. The intent of 
paragraph (1) of EASA AD 2020-0103 is to require, for airplanes that 
have an affected ELT installed, operators to do the modification within 
24 months. For these airplanes, operators can remove an ELT having P/N 
01N65900 and reinstall that same part during maintenance activities 
within the 24 month compliance for doing the modification. After the 
modification is done, operators can install an ELT having P/N 01N65900 
as long as the modification is not removed.

Costs of Compliance

    The FAA estimates that this AD affects 1,100 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................            $450             $705         $775,500
----------------------------------------------------------------------------------------------------------------

    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. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has 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.
    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

    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:

[[Page 10735]]

    (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:

2021-02-17 Airbus SAS: Amendment 39-21400; Docket No. FAA-2020-0900; 
Product Identifier 2020-NM-080-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 30, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category, all manufacturer serial numbers.
    (1) Model A318-111, A318-112, A318-121, and A318-122 airplanes.
    (2) Model A319-111, A319-112, A319-113, A319-114, A319-115, 
A319-131, A319-132, A319-133, A319-151N, and A319-153N airplanes.
    (3) Model A320-211, A320-212, A320-214, A320-216, A320-231, 
A320-232, A320-233, A320-251N, A320-252N, A320-253N, A320-271N, 
A320-272N, and A320-273N airplanes.
    (4) Model A321-111, A321-112, A321-131, A321-211, A321-212, 
A321-213, A321-231, A321-232, A321-251N, A321-252N, A321-253N, A321-
271N, A321-272N, A321-251NX, A321-252NX, A321-253NX, A321-271NX, and 
A321-272NX airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by the results of laboratory tests on non-
rechargeable lithium batteries installed in emergency locator 
transmitters (ELT), which highlighted a lack of protection against 
currents of 28 volts DC or 115 volts AC that could lead to thermal 
runaway and a battery fire. The FAA is issuing this AD to address 
this unsafe condition, which could result in local (temporary) 
fires, and could result in damage to the airplane and injury to 
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 
2020-0103, dated May 7, 2020; corrected May 8, 2020 (EASA AD 2020-
0103).

(h) Exceptions to EASA AD 2020-0103

    (1) Where EASA AD 2020-0103 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0103 does not apply 
to this AD.
    (3) Where paragraph (3) of EASA AD 2020-0103 specifies the parts 
installation limitation, for this AD, comply with paragraph (i) of 
this AD.
    (4) This AD allows the use of the airplane maintenance manual 
(AMM) tasks for the BITE [built-in test equipment] test of the ELT 
specified in the Airbus SAS technical adaptations (TAs) identified 
in paragraphs (h)(4)(i) and (ii) of this AD, in lieu of the AMM 
tasks specified in the applicable Airbus SAS service bulletins 
specified in EASA AD 2020-0103.
    (i) Airbus SAS TA 80724343/009/2020, Issue 1, dated May 20, 
2020.
    (ii) Airbus SAS TA 80832689/007/2020, Issue 2, dated October 29, 
2020.

(i) Parts Installation Limitation

    (1) For airplanes that do not have an ELT having part number (P/
N) 01N65900 installed as of the effective date of this AD: As of the 
effective date of this AD, no person may install an ELT having P/N 
01N65900 on any airplane unless the airplane has been modified as 
required by paragraph (1) of EASA AD 2020-0103.
    (2) For airplanes that have an ELT having P/N 01N65900 installed 
as of the effective date of this AD: After modification of the 
airplane as required by paragraph (1) of EASA AD 2020-0103, no 
person may install an ELT having P/N 01N65900 on that airplane if 
the modification is removed.

(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 responsible Flight 
Standards 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#380115796e6b1579716a150f0b08157975777b785e5959165f574e"><span class="__cf_email__" data-cfemail="6f56422e393c422e263d42585c5f422e22202c2f090e0e41080019">[email&#160;protected]</span></a>. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards 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)(4) and (j)(2) of this AD, if any service information 
contains procedures or tests that are identified as RC, those 
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#c695a7a8aca7bfe894a7aaaea7a886a0a7a7e8a1a9b0"><span class="__cf_email__" data-cfemail="376456595d564e1965565b5f56597751565619505841">[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.
    (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 2020-0103, 
dated May 7, 2020; corrected May 8, 2020.
    (ii) Airbus SAS Technical Adaptation 80724343/009/2020, Issue 1, 
dated May 20, 2020.

    Note 1 to paragraphs (l)(2)(ii) and (iii): The issue date of the 
document is identified only on the last page of the document.

    (iii) Airbus SAS Technical Adaptation 80832689/007/2020, Issue 
2, dated October 29, 2020.
    (3) For EASA AD 2020-0103, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#4001043300252133216e2535322f30216e2535"><span class="__cf_email__" data-cfemail="f2b3b681b297938193dc9787809d8293dc9787">[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>.

[[Page 10736]]

    (4) For Airbus SAS service information, 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#741517171b011a005a151d06031b06001c5911150734151d061601075a171b19"><span class="__cf_email__" data-cfemail="d9b8babab6acb7adf7b8b0abaeb6abadb1f4bcb8aa99b8b0abbbacaaf7bab6b4">[email&#160;protected]</span></a>; internet <a href="https://www.airbus.com">https://www.airbus.com</a>.
    (5) 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-2020-0900.
    (6) 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#d7b1b2b3a5b2b0f9bbb2b0b6bb97b9b6a5b6f9b0b8a1"><span class="__cf_email__" data-cfemail="630506071106044d0f0604020f230d0211024d040c15">[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 14, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-03569 Filed 2-22-21; 8:45 am]
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