[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6755-6757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02322]



[[Page 6755]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0610; Product Identifier 2019-NM-094-AD; Amendment 
39-21022; AD 2019-26-11]
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 
certain Airbus SAS Model A319-112, A319-115, A319-132, A320-214, A320-
216, A320-232, A320-233, A320-251N, A320-271N, A321-211, A321-231, 
A321-232, A321-251N, and A321-253N airplanes. This AD was prompted by 
reports of finding container/galley end stop bumpers damaged in 
service. This AD requires replacement of the affected bumpers with 
serviceable bumpers, 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 12, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 12, 
2020.

ADDRESSES: For the material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 89990 1000; email ADs@easa.europa.eu; 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 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0610.

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-2019-
0610; 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, the regulatory evaluation, 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, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0106, dated May 15, 2019 
(``EASA AD 2019-0106'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A319-112, A319-115, A319-132, 
A320-214, A320-216, A320-232, A320-233, A320-251N, A320-271N, A321-211, 
A321-231, A321-232, A321-251N, and A321-253N airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus SAS 
Model A319-112, A319-115, A319-132, A320-214, A320-216, A320-232, A320-
233, A320-251N, A320-271N, A321-211, A321-231, A321-232, A321-251N, and 
A321-253N airplanes. The NPRM published in the Federal Register on 
August 30, 2019 (84 FR 45692). The NPRM was prompted by reports of 
finding container/galley end stop bumpers damaged in service. The NPRM 
proposed to require replacement of the affected bumpers with 
serviceable bumpers.
    The FAA is issuing this AD to address deformed end stops, which 
could break or lose their function to maintain the container/galley in 
position on the airplane. This condition, if not corrected, could lead 
to container/galley detachment under certain forward loading 
conditions, possibly resulting in injury to airplane 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 to the comment.

Request To Change the Service Information

    American Airlines (AAL) requested that certain service information 
be changed to restrict installation of the containers in related 
compartments only during the adhesive cure time, rather than the 
specified 168 hours (7 days) after completion of certain tasks and to 
provide an alternative adhesive compound with a faster cure time that 
does not require heat. AAL stated that requirements related to the 
specified adhesive cure time would necessitate an unacceptable amount 
of aircraft downtime, which could jeopardize its ability to comply 
within the proposed compliance time.
    The FAA disagrees. The FAA and EASA both have concluded that 48 
months after the effective date of the AD is sufficient time for 
operators to plan and execute compliance requirements to mitigate the 
unsafe condition. Regarding the requirement to wait 168 hours before 
installing containers, the FAA notes that only certain compartments are 
affected. Operators who wish to install containers in those affected 
compartments in less than 168 hours may request an alternative method 
of compliance (AMOC) in accordance with paragraph (i)(1) of this AD, 
including providing sufficient data to substantiate that installing the 
containers in less than 168 hours would provide an acceptable level of 
safety. In addition, Safran is reportedly in the process of certifying 
an alternative adhesive with accelerated cure time, followed by changes 
to their service bulletin. However, to delay this AD action while 
Safran works toward certification of an alternative adhesive and 
releases revised service information would be inappropriate, since the 
FAA has determined that an unsafe condition exists and that sufficient 
technology currently exists to accomplish the required actions within 
the required compliance time. Once the alternative adhesive and revised 
service information are approved, operators may request to use the 
alternative adhesive and revised service information by using the AMOC 
provision provided in paragraph (i)(1) of this AD and submitting 
sufficient data to substantiate that the alternative adhesive would 
provide an acceptable level of safety. The FAA has not changed this AD 
in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this

[[Page 6756]]

final rule as proposed, except for 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 2019-0106 describes procedures for modification of the 
affected galleys by replacement of the affected bumpers with 
serviceable bumpers.
    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 274 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             Labor cost                  Parts cost        Cost per product          Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 54 work-hours x $85 per hour =              $0   Up to $4,590...........  Up to $1,257,660.
 Up to $4,590.
----------------------------------------------------------------------------------------------------------------

    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 the 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.
    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

    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 adding the following new airworthiness 
directive (AD):

2019-26-11 Airbus SAS: Amendment 39-21022; Docket No. FAA-2019-0610; 
Product Identifier 2019-NM-094-AD.

(a) Effective Date

    This AD is effective March 12, 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 2019-0106, dated May 15, 2019 (``EASA AD 2019-0106'').
    (1) Model A319-112, -115, and -132 airplanes.
    (2) Model A320-214, -216, -232, -233, -251N, and -271N 
airplanes.
    (3) Model A321-211, -231, -232, -251N, and -253N airplanes

(d) Subject

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

(e) Reason

    This AD was prompted by reports of finding container/galley end 
stop bumpers damaged in service. The FAA is issuing this AD to 
address deformed end stops, which could break or lose their function 
to maintain the container/galley in position on the airplane. This 
condition, if not corrected, could lead to container/galley 
detachment under certain forward loading conditions, possibly 
resulting in injury to airplane 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, EASA AD 2019-0106.

(h) Exceptions to EASA AD 2019-0106

    (1) Where EASA AD 2019-0106 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0106 does not apply 
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:

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    (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: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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 2019-0106 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 206-231-3223.

(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 2019-0106, 
dated May 15, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0106, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email ADs@easa.europa.eu; 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 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. 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-
2019-0610.
    (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 
fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 3, 2020.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2020-02322 Filed 2-5-20; 8:45 am]
 BILLING CODE 4910-13-P


