[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Proposed Rules]
[Pages 68376-68379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26673]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0978; Product Identifier 2019-NM-163-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2017-05-12, which applies to certain Airbus SAS Model A318-112 
airplanes, Model A319-111, -112, -115, -132, and -133 airplanes, Model 
A320-214, -232, and -233 airplanes, and Model A321-211, -212, -213, -
231, and -232 airplanes. AD 2017-05-12 requires a one-time eddy current 
conductivity measurement of certain cabin, cargo compartment, and frame 
structural parts to determine if aluminum alloy with inadequate heat 
treatment was used, and replacement if necessary. Since AD 2017-05-12 
was issued, it was determined that aluminum alloy with inadequate heat 
treatment had been used for additional structural parts. This proposed 
AD would retain the requirements of AD 2017-05-12, and for certain 
airplanes, would require additional work, as specified in a

[[Page 68377]]

European Union Aviation Safety Agency (EASA) AD, which will be 
incorporated by reference. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 30, 
2020.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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 identified in this proposed AD that will be 
incorporated by reference (IBR), 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-2019-0978.

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-
0978; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations 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 206-231-3223.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0978; 
Product Identifier 2019-NM-163-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    The FAA issued AD 2017-05-12, Amendment 39-18823 (82 FR 13382, 
March 13, 2017) (``AD 2017-05-12''), which applied to certain Airbus 
SAS Model A318-112 airplanes, Model A319-111, -112, -115, -132, and -
133 airplanes, Model A320-214, -232, and -233 airplanes, and Model 
A321-211, -212, -213, -231, and -232 airplanes. AD 2017-05-12 requires 
a one-time eddy current conductivity measurement of certain cabin, 
cargo compartment, and frame structural parts to determine if aluminum 
alloy with inadequate heat treatment was used, and replacement if 
necessary. The FAA issued AD 2017-05-12 to address structural parts 
made of aluminum alloy with inadequate heat treatment, which could 
result in reduced structural integrity of the airplane.

Actions Since AD 2017-05-12 Was Issued

    Since AD 2017-05-12 was issued, it was determined that aluminum 
alloy with inadequate heat treatment had been used for additional 
structural parts.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0196, dated August 14, 2019 
(``EASA AD 2019-0196'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A318-112 airplanes, Model A319-
111, -112, -115, -132, and -133 airplanes, Model A320-214, -216, -232, 
and -233 airplanes, and Model A321-211, -212, -213, -231, and -232 
airplanes. EASA AD 2019-0196 supersedes EASA AD 2015-0129, dated 
November 3, 2015 (which corresponds to FAA AD 2017-05-12).
    This proposed AD was prompted by a determination that aluminum 
alloy with inadequate heat treatment was used for additional structural 
parts not addressed in AD 2017-05-12. The FAA is proposing this AD to 
address structural parts made of aluminum alloy with inadequate heat 
treatment, which could result in reduced structural integrity of the 
airplane. See the MCAI for additional background information.

Model A320-216 Airplanes

    The Airbus SAS Model A320-216 was U.S. type certificated on 
December 19, 2016. Before that date, any EASA ADs that affected Model 
A320-216 airplanes were included in the U.S. type certificate as part 
of the Required Airworthiness Actions List (RAAL). One or more Model 
A320-216 airplanes have subsequently been placed on the U.S. Register, 
and will now be included in FAA AD actions. For Model A320-216 
airplanes, the requirements that correspond to AD 2017-05-12 were 
mandated by the MCAI via the RAAL. Although that RAAL requirement is 
still in effect, for continuity and clarity Model A320-216 airplanes 
are identified in paragraph (c) of this AD; the MCAI that is specified 
in paragraph (g) in this proposed AD includes restated requirements, 
which would therefore apply to those airplanes.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2017-05-12, this proposed AD would retain all of the 
requirements of AD 2017-05-12. Those requirements are referenced in 
EASA AD 2019-0196, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0196 describes procedures for a one-time eddy current 
conductivity measurement of certain cabin, cargo compartment, and frame 
structural parts to determine if aluminum alloy with inadequate heat 
treatment was used, and replacement if necessary. EASA AD 2019-0196 
also describes, for certain airplanes, additional work (a one-time eddy 
current conductivity measurement of certain other structural parts, and 
replacement if necessary).
    This material is reasonably available because the interested 
parties have

[[Page 68378]]

access to it through their normal course of business or by the means 
identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to a bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because we evaluated all 
pertinent information and determined an unsafe condition exists and is 
likely to exist or develop on other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0196 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 initially 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. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2019-0196 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0196 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed 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 2019-0196 that is required for compliance with EASA AD 2019-
0196 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2019-0978 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 63 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                                          Estimated Costs for Required Actions
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                Action                          Labor cost           Parts cost             Cost per product                 Cost on U.S. operators
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Retained actions from AD                6 work-hours x $85 per                 $0  $510..............................  $32,130.
 2017[dash]05[dash]12.                   hour = $510.
New proposed actions..................  Up to 7 work[dash]hours x              $0  Up to $595........................  Up to $37,485.
                                         $85 per hour = $595.
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    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions specified 
in this proposed AD.
    According to the manufacturer, some or all of the costs of this 
proposed 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.
    This proposed 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 has determined that this proposed AD would not have 
federalism implications under Executive Order 13132. This proposed AD 
would 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 this proposed 
regulation:
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 removing Airworthiness Directive (AD)

[[Page 68379]]

2017-05-12, Amendment 39-18823 (82 FR 13382, March 13, 2017) and adding 
the following new AD:

Airbus SAS: Docket No. FAA-2019-0978; Product Identifier 2019-NM-
163-AD.

(a) Comments Due Date

    The FAA must receive comments by January 30, 2020.

(b) Affected ADs

    This AD replaces AD 2017-05-12, Amendment 39-18823 (82 FR 13382, 
March 13, 2017) (``AD 2017-05-12'').

(c) Applicability

    This AD applies to the Airbus SAS airplanes identified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2019-0196, dated August 14, 2019 (``EASA AD 2019-0196'').
    (1) Model A318-112 airplanes.
    (2) Model A319-111, -112, -115, -132, and -133 airplanes.
    (3) Model A320-214, -216, -232, and -233 airplanes.
    (4) Model A321-211, -212, -213, -231, and -232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a determination that aluminum alloy with 
inadequate heat treatment was used for certain structural parts, 
including additional structural parts not addressed in AD 2017-05-
12. The FAA is issuing this AD to address structural parts made of 
aluminum alloy with inadequate heat treatment, which could result in 
reduced structural integrity 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, EASA AD 2019-0196.

(h) Exceptions to EASA AD 2019-0196

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0196 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0196 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)(2) of this AD. Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov.
    (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 for AD 2017-05-12 are approved as 
AMOCs for the corresponding provisions of EASA AD 2019-0196 that are 
required by 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, 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 2019-0196 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

    (1) For information about EASA AD 2019-0196, 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. 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-2019-0978.
    (2) 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.

    Issued in Des Moines, Washington, on November 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-26673 Filed 12-13-19; 8:45 am]
 BILLING CODE 4910-13-P


