AD 2020-21-10

The FAA is superseding Airworthiness Directive (AD) 2017-19- 24, which applies to 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 2018-16-04, which applies to Airbus SAS Model A320-216, -251N, and -271N airplanes; and Model A321-251N, -253N, and -271N airplanes; as well as the models in AD 2017-19-24. Those ADs required revising the existing maintenance or inspection program, as applicable, to incorporate new or more \n\n((Page 65191)) \n\nrestrictive maintenance requirements and airworthiness limitations. Since AD 2018-16-04 was issued, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This AD requires 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, 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.

Final rule.

Adoption of the Amendment \n\n\n\tAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n0 1. The authority citation for part 39 continues to read as follows: \n\n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\n\n\nSec. 39.13 (Amended) \n\n0 2. The FAA amends Sec. 39.13 by: 0 a. Removing Airworthiness Directive (AD) 2017-19-24 Amendment 39-19054 (82 FR 44900, September 27, 2017); and AD 2018-16-04, Amendment 39- 19344 (83 FR 39581, August 10, 2018); and 0 b. Adding the following new AD: \n\n2020-21-10 Airbus SAS: Amendment 39-21283; Docket No. FAA-2020-0449; Product Identifier 2020-NM-038-AD. \n\n(a) Effective Date \n\n\n\tThis AD is effective November 19, 2020. \n\n(b) Affected ADs \n\n\n\tThis AD replaces AD 2017-19-24, Amendment 39-19054 (82 FR 44900, September 27, 2017) (''AD 2017-19-24''); and 2018-16-04, Amendment 39-19344 (83 FR 39581, August 10, 2018) (''AD 2018-16-04'').(c) Applicability \n\n\n\tThis 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 November 7, 2019. \n\t(1) Model A318-111, -112, -121, and -122 airplanes. \n\t(2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, - 151N, and -153N airplanes. \n\t(3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, - 252N, -253N, -271N, -272N, and -273N airplanes. \n\t(4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, - 251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX, and -272NX airplanes. \n\n(d) Subject \n\n\n\tAir Transport Association (ATA) of America Code 05, Time Limits/ Maintenance Checks. \n\n(e) Reason \n\n\n\tThis AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address the risks associated with the effects of aging on airplane systems. Such effects could change system characteristics, leading to an increased potential for failure of certain life-limited parts, and reduced structural integrity or controllability of the airplane. \n\n(f) Compliance \n\n\n\tComply with this AD within the compliance times specified, unless already done. \n\n(g) Retained Maintenance or Inspection Program Revision, With No Changes \n\n\n\tThis paragraph restates the requirements of paragraph (g) of AD 2018-16-04, with no changes. Within 90 days after September 14, 2018 (the effective date of AD 2018-16-04), \n\n((Page 65193)) \n\nrevise the existing maintenance or inspection program, as applicable, to incorporate Airbus SAS A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 4, ''System Equipment Maintenance Requirements (SEMR),'' Revision 05, dated April 6, 2017. The initial compliance time for doing the revised actions is at the applicable time specified in Airbus SAS A318/A319/A320/A321 ALS Part 4, ''System Equipment Maintenance Requirements (SEMR),'' Revision 05, dated April 6, 2017. Accomplishing the maintenance or inspection program revision required by paragraph (i) of this AD terminates the requirements of this paragraph. \n\n(h) Retained No Alternative Actions or Intervals, With a New Exception \n\n\n\tThis paragraph restates the requirements of paragraph (h) of AD 2018-16-04, 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. \n\n(i) New Maintenance or Inspection Program Revision \n\n\n\tExcept 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 2020-0034, dated February 25, 2020 (''EASA AD 2020-0034''). Accomplishing the maintenance or inspection program revision required by this paragraph terminates the requirements of paragraph (g) of this AD. \n\n(j) Exceptions to EASA AD 2020-0034 \n\n\n\t(1) The requirements specified in paragraphs (1) and (2) of EASA AD 2020-0034 do not apply to this AD. \n\t(2) Paragraph (3) of EASA 2020-0034 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 2020-0034 within 90 days after the effective date of this AD. \n\t(3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA 2020-0034 is at the applicable ''associated thresholds'' specified in paragraph (3) of EASA AD 2020-0034, or within 90 days after the effective date of this AD, whichever occurs later. \n\t(4) The provisions specified in paragraphs (4) and (5) of EASA AD 2020-0034 do not apply to this AD. \n\t(5) The ''Remarks'' section of EASA AD 2020-0034 does not apply to this AD. \n\n(k) New Provisions for Alternative Actions and Intervals \n\n\n\tAfter the maintenance or inspection program has been revised as required by paragraph (i) of this AD, no alternative actions (e.g., inspections) and intervals are allowed unless they are approved in the provisions of the ''Ref. Publications'' section of EASA AD 2020- 0034. \n\n(l) Other FAA AD Provisions \n\n\n\tThe following provisions also apply to this AD: \n\t(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: 9-AVS-AIR-730-AMOC@faa.gov. \n\t(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. \n\t(ii) AMOCs approved previously for AD 2018-16-04 are approved as AMOCs for the corresponding provisions of EASA AD 2020-0034 that are required by paragraph (g) of this AD. \n\t(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. \n\t(3) Required for Compliance (RC): For any service information referenced in EASA AD 2020-0034 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. \n\n(m) Related Information \n\n\n\tFor more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, Large Aircraft Section, International Validation, FAA, 2200 South216th St., Des Moines, WA 98198; telephone and fax 206-231-3223; email sanjay.ralhan@faa.gov. \n\n(n) Material Incorporated by Reference \n\n\n\t(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. \n\t(2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. \n\t(3) The following service information was approved for IBR on November 19, 2020. \n\t(i) European Union Aviation Safety Agency (EASA) AD 2020-0034, dated February 25, 2020 (''EASA AD 2020-0034''). \n\t(ii) (Reserved) \n\t(4) The following service information was approved for IBR on September 14, 2018 (83 FR 39581, August 10, 2018). \n\t(i) Airbus SAS A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 4, ''System Equipment Maintenance Requirements (SEMR),'' Revision 05, dated April 6, 2017. \n\t(ii) (Reserved) \n\t(5) For EASAAD 2019-0256, contact the EASA, Konrad-Adenauer- Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 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. \n\t(6) For Airbus service information identified in this AD, 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 account.airworth-eas@airbus.com; internet https://www.airbus.com. \n\t(7) 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 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-2020-0102. \n\t(8) 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. \n\n\n\tIssued on October 2, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. (FR Doc. 2020-22758 Filed 10-14-20; 8:45 am) BILLING CODE 4910-13-P

Discussion \n\n\n\tThe EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2020-0034, dated February 25, 2020 (''EASA AD 2020-0034'') (also referred to as the Mandatory Continuing Airworthiness Information, or ''the MCAI''), to correct an unsafe condition for all Airbus SAS Model A318 series airplanes; Model A319- 111, A319-112, A319-113, A319-114, A319-115, A319-131, A319-132, A319- 133, A319-151N, and A319-153N airplanes; Model A320-211, A320-212, A320-214, A320-215, A320-216, A320-231, A320-232, A320-233, A320-251N, A320-252N, A320-253N, A320-271N, A320-272N, and A320-273N airplanes; and Model A321 series airplanes. EASA AD 2020-0034 superseded EASA AD 2017-0170 (which corresponds to FAA AD 2018-16-04 (AD 2018-16-04, Amendment 39 19344 (83 FR 39581, August 10, 2018) (''AD 2018-16-04'')). Model A320-215 airplanes are not certified by the FAA and are not included on the U.S. type certificate data sheet; thisAD therefore does not include those airplanes in the applicability. \n\tAirplanes with an original airworthiness certificate or original export certificate of airworthiness issued after November 7, 2019, must comply with the airworthiness limitations specified as part of the approved type design and referenced on the type certificate data sheet; this AD therefore does not include those airplanes in the applicability. \n\tThe FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2017-19-24, Amendment 39-19054 (82 FR 44900, September 27, 2017) (''AD 2017-19-24''); and 2018-16-04; for all Model A318 series airplanes; Model A319-111, -112, -113, -114, -115, - 131, -132, -133, -151N, and -153N airplanes; Model A320 series airplanes; and Model A321 series airplanes. The NPRM published in the Federal Register on May 7, 2020 (85 FR 27167). The NPRM was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The NPRM proposed to address the risks associated with the effects of aging on airplane systems. Such effects could change system characteristics, leading to an increased potential for failure of certain life-limited parts, and reduced structural integrity or controllability of the airplane. See the MCAI for additional background information. \n\nComments \n\n\n\tThe 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. \n\nSupport for the Proposed AD \n\n\n\tUnited Airlines and an anonymous commenter expressed support for the proposed AD. \n\nRequest To Confirm Intent To Allow Use of Later ALS Revisions \n\n\n\tDelta Air Lines (Delta) 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. \n\tThe FAA confirms that it intends to allow the use of applicable later ALS variations or revisions in their entirety to comply with the requirements of this AD, as long as they follow the requirements of paragraph (k) of this AD--that they are approved in the provisions of the ''Ref. Publications'' section of EASA AD 2020-0034. \n\nRequest To Allow AMOC Approval for Alternative Actions or Intervals After Revision of Maintenance or Inspection Program \n\n\n\tDelta requested that paragraph (k) of the proposed AD be changed to also allow alternative actions and intervals after the maintenance and inspection program has been revised, provided that the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (l)(1) of the proposed AD. Delta provided no reason or justification for the request. \n\tThe FAA agrees to clarify. The previous format of the FAA's airworthiness limitation ADs included a paragraph that specified that no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance \n\n((Page 65192)) \n\n(AMOC) in accordance with the procedures specified in the AMOCs paragraph under ''Other FAA Provisions.'' This new format includes a ''New Provisions for Alternative Actions and Intervals'' paragraph that does not specifically refer to AMOCs, but operators may still request an AMOC to use an alternative action, interval, or CDCCL. This AD has not been changed regarding this request. \n\nConclusion \n\n\n\tThe 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, except for minor editorial changes. The FAA has determined that these minor changes: \n\tAre consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and \n\tDo not add any additional burden upon the publicthan was already proposed in the NPRM. \n\nRelated IBR Material Under 1 CFR Part 51 \n\n\n\tEASA AD 2020-0034 describes airworthiness limitations for system equipment maintenance requirements. \n\tThis AD also requires Airbus SAS A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 4, ''System Equipment Maintenance Requirements (SEMR),'' Revision 05, dated April 6, 2017, which the Director of the Federal Register approved for incorporation by reference as of September 14, 2018 (83 FR 39581, August 10, 2018). \n\tThis 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. \n\nCosts of Compliance \n\n\n\tThe FAA estimates that this AD affects 1,553 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: \n\tThe FAA estimates the total cost per operator for the retained actions from AD 2018-16-04 to be $7,650 (90 work-hours x $85per work- hour). \n\tThe 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. In the past, the agency has estimated that this action takes 1 work-hour per airplane. 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. \n\tThe FAA estimates the total cost per operator for the new actions to be $7,650 (90 work-hours x $85 per work-hour). \n\nAuthority for This Rulemaking \n\n\n\tTitle 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. \n\tThe FAA is issuing this rulemaking under theauthority 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. \n\nRegulatory Findings \n\n\n\tThis 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a ''significant regulatory action'' under Executive Order 12866, \n\t(2) Will not affect intrastate aviation in Alaska, and \n\t(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. \n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.