((Page 15920)) \n\nDiscussion \n\n\n\tThe EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2019-0197, dated August 14, 2019 (''EASA AD 2019-0197'') (also referred to as the Mandatory Continuing Airworthiness Information, or ''the MCAI''), to correct an unsafe condition for certain Airbus SAS Model A318-112, A319-111, A319-112, A319-113, A319-114, A319-115, A319-131, A319-132, A319-133, A320-211, A320-212, A320-214, A320-215, A320-216, A320-231, A320-232, A320-233, A320-251N, and A320-271N airplanes. Model A320-215 airplanes are not certified by the FAA and are not included on the U.S. 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 by adding an AD that would apply to certain Airbus SAS Model A318-112, A319-111, A319-112, A319-113, A319-114, A319-115, A319- 131, A319-132, A319-133, A320-211, A320-212, A320-214, A320-215, A320- 216, A320-231, A320-232, A320-233, A320-251N, and A320-271N airplanes. The NPRM published in the Federal Register on November 7, 2019 (84 FR 60001). The NPRM was prompted by a report of marginal clearance between certain fuel sensor covers on both LH and RH wings. The NPRM proposed to require the replacement of certain fuel level sensor brackets. \n\tThe FAA is issuing this AD to address marginal clearance between certain fuel sensor covers on rib 24 and the crown of stringer 15 on both LH and RH wings. A possible contact between the shield and the stringer, and/or possible motion between the stringer and the shield, can make the gap more susceptible to sparking in case of lightning strike. This condition could create a source of ignition in a fuel tank vapor space, possibly resulting in a fire or explosion and consequent loss 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 NPRM \n\n\n\tAir Line Pilots Association, International (ALPA) agreed with the intent of the NPRM. \n\nRequest To Clarify Affected Airplanes and Instructions \n\n\n\tAmerican Airlines (AAL) requested that the NPRM be revised to clarify the affected airplanes. AAL stated that clarification is needed on which airplanes fall outside of Group 1, 2, or 3, but still have not embodied Airbus modification (mod) 158133 and are therefore affected by EASA AD 2019-0197. AAL requested instructions on how to comply with the actions specified in the proposed AD for those airplanes in ''Group 4'' (EASA AD 2019-0197 defines Group 1, 2, and 3 only). Alternatively, AAL recommended that the proposed AD applicability reflect Group 1, 2, and 3 airplanes only. \n\tThe FAA agrees to clarify. This AD applies to Airbus airplanes referenced in paragraph (c) of this AD as identified in EASA AD 2019- 0197, i.e., those that have not embodied Airbus modification 158133. If modification 158133 is not installed on an airplane, and none of the criteria associated with the definitions of Group 1, 2, or 3 airplanes is met, then those airplanes (referred to as group 4 by the commenter) are subject only to paragraph (4) of EASA AD 2019-0197, which contains parts installation requirements. Paragraph (4) of EASA AD 2019-0197 also applies to Group 1, 2, and 3 airplanes. The FAA has not changed this AD in this regard. \n\nRequest To Clarify Actions for Certain Airplanes \n\n\n\tUnited Airlines (UAL) stated its fleet will be identified as Group 3 as specified in EASA AD 2019-0197 because Airbus Service Bulletin A320-28-1216 is being implemented on its entire fleet. UAL noted that if it were to incorporate Airbus Service Bulletin A320-57-1193 on its fleet, Airbus would need to be contacted for instructions. The FAA infers UAL is requesting that the FAA clarify the actions for Group 2 and Group 3 airplanes. \n\tThe FAA agrees to clarify. Group 3 airplanes are those having embodied Airbus Service Bulletin A320-28-1216 but not Airbus Service Bulletin A320-57-1193. However, once operators incorporate Airbus Service Bulletin A320-28-1216 and Airbus Service Bulletin A320-57-1193 on an airplane, that airplane is a Group 2 airplane as defined in EASA AD 2019-0197; operators then must comply with the requirements of this AD that correspond to the actions specified in paragraph (2) of EASA AD 2019-0197. The FAA also acknowledges UAL's comment regarding operators needing to contact Airbus prior to incorporating Airbus Service Bulletin A320-57-1193, as specified in paragraph (3) of EASA AD 2019- 0197. The FAA has not changed this AD in this regard. \n\nRequest To Exclude Airplanes \n\n\n\tSpirit Airlines requested that airplanes without factory modification 160001 be excluded from the requirements of the proposed AD. Spirit Airlines stated that if the proposed AD is applicable to aircraft without the production modification 160001, then EASA AD 2019- 0197 gives no method of compliance. Spirit Airlines stated its airplanes do not fall within Group 1, Group 2, or Group 3, as specified in EASA AD 2019-0197. Spirit Airlines noted that the applicability section of EASA AD 2019-0197 excludes only aircraft with factory modification 158133. \n\tThe FAA disagrees with the commenter's request. If Airbus modification 158133 is not installed, and none of the criteria associated with the definitions for Group 1, 2, and 3 airplanes is met, then those airplanes are still subject to the parts installation requirements of this AD, as specified in paragraph (4) of EASA AD 2019- 0197. Paragraph (4) of EASA AD 2019-0197 applies to all airplanes identified in paragraph (c), ''Applicability,'' of this AD, which includes all manufacturer serial numbers (MSN) of the referenced models, except those having Airbus modification 158133 embodied in production. The FAA has not changed this AD in this regard. \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 public than was already proposed in the NPRM. \n\nRelated IBR Material Under 1 CFR Part 51 \n\n\n\tEASA AD 2019-0197 describes procedures for the replacement of certain fuel level sensor brackets. 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. \n\n((Page 15921)) \n\nCosts of Compliance \n\n\n\tThe FAA estimates that this AD affects 776 airplanes of U.S. registry. TheFAA estimates the following costs to comply with this AD: \n\n\n\tEstimated Costs for Required Actions ---------------------------------------------------------------------------------------------------------------- \n\tCost on U.S. \n\tLabor cost Parts cost Cost per product operators ---------------------------------------------------------------------------------------------------------------- Up to 7 work-hour x $85 per hour = Up to $595.......... Up to $609 Up to $1,204 Up to $934,304. ---------------------------------------------------------------------------------------------------------------- \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 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. \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.