Discussion
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 A318-112, -121, and -122; A319-111, -112, -115, -131, -132, and - 133; A320-214, -216, -232, -233, -251N, and -271N; and A321-211, -212, -213, -231, -232, -251N, -253N, -271N, and -272N airplanes. The NPRM published in the Federal Register on June 27, 2019 (84 FR 30637). The NPRM was prompted by reports of missing or loosened fasteners on connecting brackets of OHSC and pivoting POHSC. The NPRM proposed to require modification of the OHSC and POHSC attachments.
The FAA is issuing this AD to address loosening of the OHSC or POHSC fasteners. This condition, if not corrected, could lead to detachment of OHSC or POHSC, possibly resulting in injury to airplane occupants and/or impeding egress during an emergency evacuation.
The EASA, which is the Technical Agent for the Member States of the EuropeanUnion, has issued EASA AD 2019-0069, dated March 28, 2019 (``EASA AD 2019-0069'') (also referred to as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Airbus SAS Model A318-112, -121, and -122; A319- 111, -112, -115, -131, -132, and -133; A320-214, -216, -232, -233, - 251N, and -271N; and A321-211, -212, -213, -231, -232, -251N, -253N, - 271N, and -272N airplanes. The MCAI states:
During routine inspections, several screws were found missing or loose on the interconnecting brackets of certain overhead stowage compartments (OHSC) and pivoting OHSC (POHSC). Investigations and a sampling program have shown that loosening of fasteners can be generated by a relative movement of the OHSC/POHSC and vibrations inside the aeroplane, by elastic deformation of the aeroplane body and by take-off and landing manoeuvres.
This condition, if not corrected, could lead to detachment of an OHSC/POHSC, possibly resulting in injuryto aeroplane occupants.
To address this potential unsafe condition, Airbus issued the original issue of the applicable SB [service bulletin], providing modification instructions to improve the robustness of the OHSC and POHSC. Prompted by new findings, the applicable SBs have been later issued, including additional work and associated instructions.
For the reasons described above, this [EASA] AD requires modification of the OHSC and POHSC attachments.
Comments
The FAA gave the public the opportunity to participate in developing this final rule. The FAA has considered the comment received. Patrick Imperatrice indicated support for the NPRM.
Conclusion
The FAA reviewed the relevant data, considered the comment 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:
Are consistent with the intent that was proposed in theNPRM 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 2019-0069 describes procedures for modification of the OHSC and POHSC attachments. EASA AD 2019-0069 also describes an inspection for discrepancies (additional work) and corrective actions. The inspection includes checks of the dimensions of the threaded pins against tolerances and checks for damage. Corrective actions include replacing threaded pins and nuts and repairing damage. 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 1,464 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 42 work-hours x $85 per hour = Up $3,950 Up to $7,520.............. Up to $11,009,280
to $3,570. ----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on- condition actions that would be required based on the results of any required or optional actions. The FAA has no way of determining the number of aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions ------------------------------------------------------------------------
Labor cost Parts cost Cost per product ------------------------------------------------------------------------ Up to 19 work-hours x $85 per [*] Up to $1,615 *
hour = Up to $1,615. ------------------------------------------------------------------------
* The FAA has received no definitive data for the on-condition parts
costs.
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 our cost estimate.
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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 describedin 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.