[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Rules and Regulations]
[Pages 70439-70442]
[FR Doc No: 2020-24527]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. 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
<EMAIL_ADDRESS>internet https://www.airbus.com. 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
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0590.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov 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<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
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,

-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:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     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

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<EMAIL_ADDRESS>    (i) 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.
    (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<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(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
<EMAIL_ADDRESS>Internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (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<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov 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
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    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