Discussion
The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2019-0035, dated February 15, 2019 (``EASA AD 2019-0035'') (also referred to as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Airbus SAS Model A320-251N and -271N airplanes, and Model A321-253N airplanes. The MCAI states:
Low clearance between electrical harness and nearby hydraulic pipes has been detected in the inboard trailing edge of some aeroplanes.
This condition, if not detected and corrected, could lead to chafing of electrical harnesses on hydraulic pipes, eventually creating an ignition source in the flammable fluid leakage zone area, possibly resulting in fire or an explosion and loss of the aeroplane.
To address this potential unsafe condition, Airbus issued the AOT [alert operators transmission], providing instructions to accomplish a detailed inspection (DET) for clearance and damage, and published the modification SB [Service Bulletin A320-29-1176], providing instructions to modify the electrical harness routing, increasing the clearance between electrical harness and hydraulic pipes.
For the reasons described above, this [EASA] AD requires repetitive DET of the electrical harness and modification of the aeroplane.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0035 describes procedures for repetitive detailed inspections of certain electrical harnesses for discrepancies (clearance and damage) and corrective actions, if necessary. Corrective actions include repairing the electrical harness or replacing the electrical harness sleeve, and increasing the clearance between the affected electrical harness and hydraulic pipe. 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, and itis publicly available through the EASA website.
FAA's Determination
This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD 2019-0035 described previously through the incorporated by reference of EASA AD 2019-0035, except for any differences identified as exceptions in the
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regulatory text of this AD and except as discussed under ``Differences Between this AD and the MCAI.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA 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. As a result, EASA AD 2019-0035 is incorporated by reference in the FAA final rule. This AD, therefore, requires compliance with the provisions specified in EASA AD 2019-0035, except for any differences identified as exceptions in the regulatory text of this AD. Service information specified in EASA AD 2019-0035 that is required for compliance with EASA AD 2019-0035 is available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019- 0121.
Differences Between This AD and the MCAI
EASA AD 2019-0035 specifies to modify the airplane (modification of the adaptation damper bulkhead fitting for left hand and right hand wings). For this AD, the modification, which would terminate the repetitive inspections required by this AD, is optional. However, we are considering further rulemaking to require this modification. The planned compliance time for the modification would allow enough time to provide notice and opportunity for prior public comment on the merits of the modification. This difference has been coordinated with EASA.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because failure to detect and correct chafing of electrical harnesses in the vicinity of hydraulic pipes could result in a potential source of ignition in the flammable fluid leakage zone, and possibly result in a fire or explosion and loss of the airplane. Therefore, we find good cause that notice and opportunity for prior publiccomment are impracticable. In addition, for the reasons stated above, we find that good cause exists for making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2019-0121; Product Identifier 2019-NM-025-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.
Costs of Compliance
We estimate that this AD affects 14 airplanes of U.S. registry. We estimate the following costs to comply with this AD:
Estimated Costs for Required Actions ----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- 6 work-hours x $85 per hour = $510........................... $0 $510 $7,140 ----------------------------------------------------------------------------------------------------------------
Estimated Costs for Optional Actions ------------------------------------------------------------------------
Cost per
Labor cost Parts cost product ------------------------------------------------------------------------ 16 work-hours x $85 per hour = $1,360. $8,900 $10,260 ------------------------------------------------------------------------
We estimate the following costs for the necessary on-condition action that would be required based on the results of any required actions. We have no way of determining the number of aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions ------------------------------------------------------------------------
Labor cost Parts cost Cost per product ------------------------------------------------------------------------ Up to 8 work-hours x $85 per \*\ $0 Up to $680.
hour = $680. ------------------------------------------------------------------------
* We have received no definitive data that would enable us to provide
parts cost estimates.
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. We do not control warranty coverage for affected individuals. As a result, we have 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.
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We are 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 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
We determined that 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.
Forthe reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order 12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. 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.