[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Proposed Rules]
[Pages 16011-16014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05485]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0201; Product Identifier 2020-NM-007-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for 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, -216, -231, -232, and -233 airplanes; and 
Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. 
This proposed AD was prompted by reports of fatigue cracks on 
continuity fittings at the lower framing of the front windshield on 
airplanes on which a certain production modification has been embodied. 
Additional analysis showed that certain certification requirements for 
damage tolerance and fatigue are not met on airplanes in a certain 
post-production modification configuration. This proposed AD would 
require repetitive high frequency eddy current (HFEC) inspections of 
the central node windshield area for cracking, and applicable 
corrective actions if cracking is found, as specified in a 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 May 4, 
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: Deliver to Mail address above 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-2020-0201.

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-
0201; 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; email 
sanjay.ralhan@faa.gov.

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-2020-0201; 
Product Identifier 2020-NM-007-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, 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 EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0005, dated January 13, 2020 
(``EASA AD 2020-0005'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for 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, -215, -216, -231, -232, and -233 
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and 
-232 airplanes. Model A320-215 airplanes are not certified by the FAA 
and are not included on the U.S. type certificate data sheet; this 
proposed AD therefore does not include those airplanes in the 
applicability.
    This proposed AD was prompted by reports of fatigue cracks on 
continuity fittings at the lower framing of the front windshield on 
airplanes on which Airbus Production Modification 22058 (which is 
included in Airbus Modification 21999) has been embodied. Additional 
analysis showed that certain certification requirements for damage 
tolerance and fatigue are not met on airplanes in a post-production 
Modification 22058 configuration. The FAA is proposing this AD to 
address this condition, which could lead to failure of the continuity 
fittings at the lower node of the windshield central frame, possibly 
resulting in decompression of the airplane and injury to occupants. See 
the MCAI for additional background information.

Related IBR Material Under 1 CFR part 51

    EASA AD 2020-0005 describes procedures for repetitive HFEC 
inspections of the central node windshield area for cracking, and 
applicable corrective actions if cracking is found. The corrective 
actions include modification or repair. 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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another

[[Page 16012]]

country, and is approved for operation in the United States. Pursuant 
to the FAA's 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 the FAA 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0005 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 2020-0005 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0005 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 2020-0005 that is required for compliance with EASA AD 2020-
0005 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-0201 after the FAA 
final rule is published.

Explanation of Note 1 of EASA AD 2020-0005

    Note 1 of EASA AD 2020-0005 states that, for certain airplanes, no 
further action is required by that AD up to the ``Publication 
Trigger.'' The ``Publication Trigger'' is the operation limit for the 
affected airplanes, which is specified in the Airbus A318/A319/A320/
A321 Airworthiness Limitations Section (ALS) Part 2-Damage Tolerant 
Airworthiness Limitation Items (DT-ALI), Revision 07, dated June 13, 
2018, (which is mandated by AD 2019-23-01, Amendment 39-19794 (84 FR 
66579, December 5, 2019)). Airbus A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) Part 2-Damage Tolerant Airworthiness 
Limitation Items (DT-ALI), Revision 07, dated June 13, 2018, requires 
operators to contact Airbus for further instructions before they exceed 
the operation limit referenced as ``Publication Trigger.''

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,203 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
19 work-hours x $85 per hour = $1,615........................              $0           $1,615       $1,942,845
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the proposed reporting requirement in this proposed AD. 
The average labor rate is $85 per hour. Based on these figures, the FAA 
estimates the cost of reporting the inspection results on U.S. 
operators to be $102,255, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition modifications that would be required based on the results of 
any required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition modifications:

             Estimated Costs of On-Condition Modifications *
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1,122 work-hours x $85 per hour =             $316,043         $411,413
 $95,370..............................
------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency
  to provide cost estimates for the on-condition repairs specified in
  this proposed AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this proposed AD 
is 2120-0056. The paperwork cost associated with this proposed AD has 
been detailed in the Costs of Compliance section of this document and 
includes time for reviewing instructions, as well as completing and 
reviewing the collection of information. Therefore, all reporting 
associated with this proposed AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to Information Collection Clearance Officer, Federal 
Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-
1524.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue

[[Page 16013]]

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

    The FAA 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 adding the following new airworthiness 
directive (AD):

Airbus SAS: Docket No. FAA-2020-0201; Product Identifier 2020-NM-
007-AD.

(a) Comments Due Date

    The FAA must receive comments by May 4, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model airplanes specified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2020-0005, dated January 13, 2020 (``EASA AD 2020-0005'').
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, and -233 
airplanes.
    (4) Model A321-111, -112, -131, -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 reports of fatigue cracks on continuity 
fittings at the lower framing of the front windshield on airplanes 
on which Airbus Production Modification 22058 (which is included in 
Airbus Modification 21999) has been embodied. Additional analysis 
showed that certain certification requirements for damage tolerance 
and fatigue are not met on airplanes in a post-production 
Modification 22058 configuration. The FAA is issuing this AD to 
address this condition, which could lead to failure of the 
continuity fittings at the lower node of the windshield central 
frame, possibly resulting in decompression of 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, EASA AD 2020-0005.

(h) Exceptions to EASA AD 2020-0005

    (1) Where EASA AD 2020-0005 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0005 does not apply 
to this AD.
    (3) Paragraph (8) of EASA AD 2020-0005 specifies to report 
inspection results to Airbus within a certain compliance time. For 
this AD, report inspection results at the applicable time specified 
in paragraph (h)(3)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 90 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 90 days after the effective date 
of 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. 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 2020-0005 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.
    (4) Paperwork Reduction Act Burden Statement: A federal agency 
may not conduct or sponsor, and a person is not required to respond 
to, nor shall a person be subject to a penalty for failure to comply 
with a collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
All responses to this collection of information are mandatory as 
required by this AD; the nature and extent of confidentiality to be 
provided, if any. Send comments regarding this burden estimate or 
any other aspect of this collection of information, including 
suggestions for reducing this burden to Information Collection 
Clearance Officer, Federal

[[Page 16014]]

Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 
76177-1524.

(j) Related Information

    (1) For information about EASA AD 2020-0005, 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-2020-0201.
    (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; email sanjay.ralhan@faa.gov.

    Issued on March 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-05485 Filed 3-19-20; 8:45 am]
 BILLING CODE 4910-13-P


