[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Rules and Regulations]
[Pages 79415-79418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27004]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1105; Project Identifier MCAI-2020-01459-T; 
Amendment 39-21345; AD 2020-25-03]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-01-
17, which applied to all Airbus SAS Model A318, A319, A320, and A321 
series airplanes. AD 2020-01-17 required repetitive checks of the 
pressure gauges on the inflation reservoir of each emergency escape 
slide/raft to determine the amount of pressure and, depending on 
findings, accomplishment of applicable corrective actions. This AD 
retains the requirements of AD 2020-01-17, expands the list of affected 
parts to be checked, and provides optional terminating action for the 
repetitive checks; as specified in a European Union Aviation Safety 
Agency (EASA) AD, which is incorporated by reference. This AD was 
prompted by the determination that certain parts that were not 
identified in AD 2020-01-17 are also subject to the unsafe condition. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD becomes effective December 28, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 28, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
February 14, 2020 (85 FR 5310, January 30, 2020).
    The FAA must receive comments on this AD by January 25, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 
221 8999 000; email <a href="/cdn-cgi/l/email-protection#d49590a794b1b5a7b5fab1a1a6bba4b5fab1a1"><span class="__cf_email__" data-cfemail="6120251221040012004f0414130e11004f0414">[email protected]</span></a>; 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, 
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. It is also available in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2020-1105.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1105; 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, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223; 
email <a href="/cdn-cgi/l/email-protection#6c3f0d02060d15423e0d00040d022c0a0d0d420b031a"><span class="__cf_email__" data-cfemail="97c4f6f9fdf6eeb9c5f6fbfff6f9d7f1f6f6b9f0f8e1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued AD 2020-01-17, Amendment 39-19823 (85 FR 5310,

[[Page 79416]]

January 30, 2020) (AD 2020-01-17), which applied to all Airbus SAS 
Model A318, A319, A320, and A321 series airplanes. AD 2020-01-17 
required repetitive checks of the pressure gauges on the inflation 
reservoir of each emergency escape slide/raft to determine the amount 
of pressure and, depending on findings, accomplishment of applicable 
corrective actions. The FAA issued AD 2020-01-17 to address 
insufficient reservoir pressure in an emergency escape slide/raft, 
which would prevent the deployment of the emergency escape slide/raft 
during an emergency, possibly resulting in injury to the occupants.

Actions Since AD 2020-01-17 Was Issued

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0236, dated October 27, 2020 
(EASA AD 2020-0236) (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, -112, -
113, -114, -115, -131, -132, -133, -151N, -153N, and -171N airplanes; 
Model A320-211, -212, -214, -215, -216, -231, -232, -233, -251N, -252N, 
-253N, -271N, -272N, and -273N airplanes; and Model A321 series 
airplanes. Model A319-153N and 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.
    This AD was prompted by a report that during airplane boarding a 
loud bang was heard. A subsequent inspection revealed that one 
emergency escape slide/raft was found with zero reservoir pressure, due 
to a burst rupture disk assembly in the inflation reservoir, which was 
probably caused by a manufacturing defect. This AD was also prompted by 
the determination that additional parts are subject to the unsafe 
condition, and by the availability of an optional terminating action 
for the repetitive checks. The FAA is issuing this AD to address 
insufficient reservoir pressure in an emergency escape slide/raft, 
which would prevent the deployment of the emergency escape slide/raft 
during an emergency, possibly resulting in injury to the occupants. See 
the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0236 describes procedures for repetitive checks of the 
pressure gauge on the inflation reservoir of each emergency escape 
slide/slide raft to determine the amount of pressure, and applicable 
corrective actions. The corrective actions include, among other things, 
replacement of any affected emergency escape slide/raft or inflation 
reservoir. EASA AD 2020-0236 also describes procedures for a 
modification or replacement of affected parts, which would eliminate 
the need for the repetitive pressure checks.
    This AD also requires EASA AD 2019-0316, dated December 23, 2019, 
which the Director of the Federal Register approved for incorporation 
by reference as of February 14, 2020 (85 FR 5310, January 30, 2020).
    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.

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 the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD because the FAA has 
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 retains the requirements of AD 2020-01-17, and requires 
accomplishing the actions specified in EASA AD 2020-0236 described 
previously, as incorporated by reference, except for any differences 
identified as exceptions in the regulatory text of this AD. 
Accomplishment of the initial pressure check specified in EASA AD 2020-
0236 terminates the requirements of AD 2020-01-17.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially 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. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2020-0236 
is incorporated by reference in this AD. This AD, therefore, requires 
compliance with EASA AD 2020-0236 in its entirety, through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this AD. Using common terms that are the same as 
the heading of a particular section in the EASA AD does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in the EASA AD. 
Service information specified in EASA AD 2020-0236 that is required for 
compliance with EASA AD 2020-0236 is available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-1105.

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 if a rupture disk assembly in the inflation reservoir of an 
emergency escape slide/slide raft burst, it would result in a sudden 
loss of reservoir pressure and prevent the deployment of the emergency 
escape slide/raft during an emergency, possibly resulting in injury to 
the occupants. In addition, the compliance time for the required action 
is shorter than the time necessary for the public to comment and for 
publication of the final rule. Therefore, the FAA finds good cause that 
notice and opportunity for prior public comment are impracticable. In 
addition, for the reasons stated above, the FAA finds that good cause 
exists for making this amendment effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address under the 
ADDRESSES section. Include ``Docket No. FAA-2020-1105; Project 
Identifier MCAI-2020-01459-T'' at the beginning of your comments. The 
most helpful comments reference a specific portion of the final rule, 
explain the reason for any recommended change, and include supporting 
data. The FAA will consider all comments received by the closing date 
and may amend this final rule because of those comments.

[[Page 79417]]

    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Sanjay 
Ralhan, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3223; email <a href="/cdn-cgi/l/email-protection#9dcefcf3f7fce4b3cffcf1f5fcf3ddfbfcfcb3faf2eb"><span class="__cf_email__" data-cfemail="b4e7d5daded5cd9ae6d5d8dcd5daf4d2d5d59ad3dbc2">[email protected]</span></a>. Any 
commentary that the FAA receives that is not specifically designated as 
CBI will be placed in the public docket for this rulemaking.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 1,680 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                Cost per
                 Labor cost                    Parts cost        product            Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85...........              $0             $85  $142,800 per check.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this AD.

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 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.

Regulatory Findings

    The FAA 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, and
    (2) Will not affect intrastate aviation in Alaska.

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:
0
a. Removing airworthiness directive (AD) 2020-01-17, Amendment 39-19823 
(85 FR 5310, January 30, 2020), and
0
b. Adding the following new AD:

2020-25-03 Airbus SAS: Amendment 39-21345; Docket No. FAA-2020-1105; 
Project Identifier MCAI-2020-01459-T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 28, 
2020.

(b) Affected ADs

    This AD replaces AD 2020-01-17, Amendment 39-19823 (85 FR 5310, 
January 30, 2020) (AD 2020-01-17).

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (4) of this AD.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX, 
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by a report that during airplane boarding a 
loud bang was heard. A subsequent inspection revealed that one 
emergency escape slide/raft was found with zero reservoir pressure, 
due to a burst rupture disk assembly in the inflation reservoir, 
which was probably caused by a manufacturing defect. The FAA is 
issuing this AD to address insufficient reservoir pressure in an 
emergency escape slide/raft, which would prevent the deployment of 
the emergency escape slide/raft during an emergency, possibly 
resulting in injury to the occupants.

[[Page 79418]]

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Requirements, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2020-01-17, with no changes. Except as specified in paragraph (h) of 
this AD: Comply with all required actions and compliance times 
specified in, and in accordance with, European Union Aviation Safety 
Agency (EASA) AD 2019-0316, dated December 23, 2019 (EASA AD 2019-
0316).

(h) Retained Exceptions, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2020-01-17, with no changes.
    (1) Where EASA AD 2019-0316 refers to its effective date, this 
AD requires using February 14, 2020 (the effective date of FAA AD 
2020-01-17).
    (2) The ``Remarks'' section of EASA AD 2019-0316 does not apply 
to this AD.
    (3) Where EASA AD 2019-0316 specifies to comply with ``the 
instructions of the AOT,'' this AD requires compliance with the 
procedures marked as required for compliance (RC) in the Alert 
Operators Transmission (AOT).

(i) New Actions

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2020-0236, dated October 27, 2020 (EASA AD 
2020-0236). Accomplishment of the initial check, as specified in 
EASA AD 2020-0236 and required by this paragraph, terminates the 
requirements of paragraph (g) of this AD.

(j) Exceptions to EASA AD 2020-0236

    (1) Where EASA AD 2020-0236 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0236 does not apply 
to this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (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 responsible Flight 
Standards 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 (l) of this 
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#0f36224e595c224e465d22383c3f224e42404c4f696e6e21686079"><span class="__cf_email__" data-cfemail="70495d3126235d3139225d4743405d313d3f33301611115e171f06">[email protected]</span></a>.
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2020-01-17 are approved as 
AMOCs for the corresponding actions in EASA AD 2020-0236 that are 
required by paragraph (i) of this AD.
    (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.
    (3) Required for Compliance (RC): Except as required by 
paragraph (k)(2) of this AD, for any service information referenced 
in EASA AD 2020-0236 that contains RC procedures and tests, those 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.

(l) Related Information

    For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223; email <a href="/cdn-cgi/l/email-protection#7427151a1e150d5a2615181c151a341215155a131b02"><span class="__cf_email__" data-cfemail="cb98aaa5a1aab2e599aaa7a3aaa58badaaaae5aca4bd">[email protected]</span></a>.

(m) 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.
    (3) The following service information was approved for IBR on 
December 28, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0236, 
dated October 27, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
February 14, 2020 (85 FR 5310, January 30, 2020).
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0316, 
dated December 23, 2019.
    (ii) [Reserved]
    (5) For EASA ADs, contact the EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#48090c3b082d293b29662d3d3a273829662d3d"><span class="__cf_email__" data-cfemail="c9888dba89aca8baa8e7acbcbba6b9a8e7acbc">[email protected]</span></a>; internet www.easa.europa.eu. You may find these 
EASA ADs on the EASA website at https://ad.easa.europa.eu.
    (6) 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-2020-1105.
    (7) 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 
<a href="/cdn-cgi/l/email-protection#d4b2b1b0a6b1b3fab8b1b3b5b894bab5a6b5fab3bba2"><span class="__cf_email__" data-cfemail="d1b7b4b5a3b4b6ffbdb4b6b0bd91bfb0a3b0ffb6bea7">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 30, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-27004 Filed 12-9-20; 8:45 am]
BILLING CODE 4910-13-P


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