Airworthiness Directives; Airbus SAS Airplanes

Published date20 March 2019
Citation84 FR 10259
Record Number2019-05199
SectionRules and Regulations
CourtFederal Aviation Administration
Federal Register, Volume 84 Issue 54 (Wednesday, March 20, 2019)
[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
                [Rules and Regulations]
                [Pages 10259-10262]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-05199]
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                DEPARTMENT OF TRANSPORTATION
                Federal Aviation Administration
                14 CFR Part 39
                [Docket No. FAA-2019-0121; Product Identifier 2019-NM-025-AD; Amendment
                39-19591; AD 2019-05-09]
                RIN 2120-AA64
                Airworthiness Directives; Airbus SAS Airplanes
                AGENCY: Federal Aviation Administration (FAA), DOT.
                ACTION: Final rule; request for comments.
                -----------------------------------------------------------------------
                SUMMARY: We are adopting a new airworthiness directive (AD) for certain
                Airbus SAS Model A320-251N and -271N airplanes, and Model A321-253N
                airplanes. This AD was prompted by reports of low clearance between the
                electrical harness and nearby hydraulic pipes in the inboard trailing
                edge of the wing. This AD requires repetitive detailed inspections of
                certain electrical harnesses for discrepancies and corrective actions,
                if necessary, as specified in an European Aviation Safety Agency (EASA)
                AD, which is incorporated by reference. We are issuing this AD to
                address the unsafe condition on these products.
                DATES: This AD becomes effective April 4, 2019.
                 The Director of the Federal Register approved the incorporation by
                reference of a certain publication listed in this AD as of April 4,
                2019.
                 We must receive comments on this AD by May 6, 2019.
                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 http://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: U.S. Department of Transportation, Docket
                Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
                Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
                Monday through Friday, except Federal holidays.
                 For the incorporation by reference (IBR) material described in the
                ``Related IBR Material Under 1 CFR part 51'' section in SUPPLEMENTARY
                INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
                Germany; telephone +49 221 89990 1000; email [email protected];
                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 http://www.regulations.gov.
                Examining the AD Docket
                 You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
                0121; 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 AD, the regulatory evaluation, any comments received, and other
                information. The street address for Docket Operations (telephone 800-
                647-5527) is in the ADDRESSES section. 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.
                SUPPLEMENTARY INFORMATION:
                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 it is 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
                [[Page 10260]]
                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 public comment 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.
                [[Page 10261]]
                 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.
                 For the 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.
                Adoption of the Amendment
                 Accordingly, under the authority delegated to me by the
                Administrator, the FAA amends 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):
                2019-05-09 Airbus SAS: Amendment 39-19591; Docket No. FAA-2019-0121;
                Product Identifier 2019-NM-025-AD.
                (a) Effective Date
                 This AD becomes effective April 4, 2019.
                (b) Affected ADs
                 None.
                (c) Applicability
                 This AD applies to Airbus SAS Model A320-251N and -271N
                airplanes, and Model A321-253N airplanes, certificated in any
                category, as identified in European Aviation Safety Agency (EASA) AD
                2019-0035, dated February 15, 2019 (``EASA AD 2019-0035'').
                (d) Subject
                 Air Transport Association (ATA) of America Code 92, Electric and
                electronic common installation.
                (e) Reason
                 This AD was prompted by reports of low clearance between the
                electrical harness and nearby hydraulic pipes in the inboard
                trailing edge of the wing. We are issuing this AD to address this
                condition, which, if not detected and corrected, could lead to
                chafing of electrical harnesses in the vicinity of hydraulic pipes
                and 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.
                (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 2019-0035.
                (h) Exceptions to EASA AD 2019-0035
                 (1) For purposes of determining compliance with the requirements
                of this AD: Where EASA AD 2019-0035 refers to its effective date,
                this AD requires using the effective date of this AD.
                 (2) The ``Remarks'' section of EASA AD 2019-0035 does not apply
                to this AD.
                 (3) Where paragraph (4) of EASA AD 2019-0035 specifies to modify
                the airplane in accordance with Airbus Service Bulletin A320-29-
                1176, this AD does not require modification of the airplane, but
                this AD allows that modification as an optional terminating action
                for the required repetitive inspections.
                 (4) The provisions of paragraph (6) of EASA AD 2019-0035 are
                allowed in the optional modification specified in paragraph (h)(3)
                of this AD.
                (i) No Reporting Requirement
                 Although certain service information referenced in EASA AD 2019-
                0035 specifies to submit certain information to the manufacturer,
                this AD does not include that requirement.
                (j) 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 (k) of this AD. Information may
                be emailed to: [email protected]. 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 2019-0035 that contains RC procedures and
                tests: Except as required by paragraph (j)(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.
                (k) Related Information
                 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.
                (l) Material Incorporated by Reference
                 (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.
                 (2) You must use this service information as applicable to do
                the actions required by this AD, unless this AD specifies otherwise.
                [[Page 10262]]
                 (i) European Aviation Safety Agency (EASA) AD 2019-0035, dated
                February 15, 2019.
                 (ii) [Reserved]
                 (3) For EASA AD 2019-0035, contact EASA, Konrad-Adenauer-Ufer 3,
                50668 Cologne, Germany; telephone +49 221 89990 6017; email
                [email protected]; Internet www.easa.europa.eu. You may find this
                EASA AD on the EASA website at https://ad.easa.europa.eu.
                 (4) You may view this EASA AD 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. EASA AD
                2019-0035 may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
                2019-0121.
                 (5) 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, call 202-
                741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
                 Issued in Des Moines, Washington, on March 11, 2019.
                Dionne Palermo,
                Acting Director, System Oversight Division, Aircraft Certification
                Service.
                [FR Doc. 2019-05199 Filed 3-19-19; 8:45 am]
                 BILLING CODE 4910-13-P
                

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