[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43679-43681]
[FR Doc No: 2019-17978]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0577; Product Identifier 2019-NM-119-AD; Amendment
39-19695; AD 2019-15-02]
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 all
Airbus SAS Model A321-251N, A321-252N, A321-253N, A321-271N, A321-272N,
A321-251NX, A321-252NX, A321-253NX, A321-271NX, and A321-272NX
airplanes. This AD was prompted by analysis of the behavior of the
elevator aileron computer (ELAC) L102 that revealed that excessive
pitch attitude can occur in certain conditions and during specific
maneuvers. This AD requires revising the airplane flight manual (AFM)
to incorporate updated procedures and operational limitations, 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 September 6, 2019.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 6,
2019.
    The FAA must receive comments on this AD by October 7, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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.
     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, at Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. 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
http://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0577.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0577; 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 (telephone 800-
647-5527) 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<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0171, dated July 17, 2019
(``EASA AD 2019-0171'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A321-251N, A321-252N, A321-253N,
A321-271N, A321-272N, A321-251NX, A321-252NX, A321-253NX, A321-271NX,
and A321-272NX airplanes. The MCAI states:

    Analysis of the behaviour of the ELAC L102 installed on A321neo
revealed that excessive pitch attitude can occur in certain
conditions and during specific manoeuvres.
    This condition, if not corrected, could result in reduced
control of the aeroplane.
    To address this potential unsafe condition, Airbus issued the
applicable AFM TR [temporary revision] to provide operational
limitations.
    For the reason described above, this AD requires amendment of
the respective AFM, with AFM TR, as applicable.
    This AD is considered to be an interim action and further AD
action may follow.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0171 describes procedures for revising the AFM to
incorporate operational limitations, and for certain airplanes, updated
procedures, related to center of gravity with ELAC L102 installed.
    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 agency has been notified of the unsafe condition described in the
MCAI referenced above. The FAA is issuing this AD because it has
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
2019-0171 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 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. As a result,
EASA AD 2019-0171 will be incorporated by reference in the FAA final
rule. This AD, therefore, requires compliance with EASA AD 2019-0171 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
2019-0171 that is required for compliance with EASA AD 2019-0171 will
be available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0577 after the FAA final rule is
published.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to
make rules effective in less than thirty days, upon a finding of good
cause.
    As noted above and in EASA AD 2019-0171, these airplanes are
subject, given certain conditions and specific maneuvers, to excessive
pitch attitude which can result in loss of airplane control. The FAA
considers the prevention of this unsafe condition to be an urgent
safety issue. Accordingly, notice and opportunity for prior public
comment are impracticable and contrary to the public interest pursuant
to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause
exists pursuant to 5 U.S.C. 553(d) 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 was not preceded 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-2019-0577;
Product Identifier 2019-NM-119-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 agency will
consider all comments received by the closing date and may amend this
AD based on those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide.
The agency will also post a report summarizing each substantive verbal
contact received about this AD.

Costs of Compliance

    The FAA estimates that this AD affects 35 airplanes of U.S.
registry. The agency estimates the following costs to comply with this
AD:

                                      Estimated Costs for Required Actions
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                                                                                Cost on U.S.
                     Labor cost                           Parts cost       Cost per product        operators
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1 work-hour x $85 per hour = $85....................                 $0                 $85              $2,975
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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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

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):

2019-15-02 Airbus SAS: Amendment 39-19695; Docket No. FAA-2019-0577;
Product Identifier 2019-NM-119-AD.

(a) Effective Date

    This AD becomes effective September 6, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A321-251N, A321-252N,
A321-253N, A321-271N, A321-272N, A321-251NX, A321-252NX, A321-253NX,
A321-271NX, and A321-272NX airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by analysis of the behavior of the elevator
aileron computer (ELAC) L102 that revealed that excessive pitch
attitude can occur in certain conditions and during specific
maneuvers. The FAA is issuing this AD to address this excessive
pitch attitude, which could result in reduced control of the
airplane.

(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
2019-0171, dated July 17, 2019 (``EASA AD 2019-0171'').

(h) Exceptions to EASA AD 2019-0171

    (1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0171 refers to its effective date,
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0171 does not apply
to this AD.

(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<EMAIL_ADDRESS>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 2019-0171 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<PHONE_NUMBER>.

(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 2019-0171,
dated July 17, 2019.
    (ii) [Reserved]
    (3) For EASA AD 2019-0171, contact the EASA, at Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this EASA AD 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<PHONE_NUMBER>. EASA AD
2019-0171 may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0577.
    (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, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on July 26, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-17978 Filed 8-21-19; 8:45 am]
 BILLING CODE 4910-13-P