[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Proposed Rules]
[Pages 31989-31992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12603]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0501; Project Identifier MCAI-2021-00168-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2019-20-10, which applies to certain Airbus SAS Model A318 series 
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes; Model A320-211, -212, -214, -216, -231, -232, and -233 
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and 
-232 airplanes. AD 2019-20-10 requires repetitive rototest inspections 
of the holes at the door stop fittings for any cracking, and corrective 
actions if necessary. Since the FAA issued AD 2019-20-10, a 
clarification of a certain compliance time for the rototest inspection 
was added. This proposed AD would clarify a certain compliance time and 
continue to require repetitive rototest inspections of the holes at the 
door stop fittings for any cracking, and repair if necessary, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference. The FAA is proposing this 
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 2, 
2021.

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 https://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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; 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, 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-2021-0501.

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-2021-
0501; 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 NPRM, any comments received, and other information. The street 
address for Docket Operations is listed above.

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 [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0501; Project Identifier 
MCAI-2021-00168-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 
the proposal because of those comments.
    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 proposed AD.

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 NPRM 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 NPRM, 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 NPRM. 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 [email protected]. 
Any commentary that the FAA receives which is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

[[Page 31990]]

Background

    The FAA issued AD 2019-20-10, Amendment 39-19763 (84 FR 61526, 
November 13, 2019) (AD 2019-20-10), which applies to certain Airbus SAS 
Model A318 series airplanes; Model A319-111, -112, -113, -114, -115, -
131, -132, and -133 airplanes; Model A320-211, -212, -214, -216, -231, 
-232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes. AD 2019-20-10 requires repetitive 
rototest inspections of the holes at the door stop fittings for any 
cracking, and corrective actions if necessary. The FAA issued AD 2019-
20-10 to address cracking of the web holes at the door stop fittings, 
which could affect the structural integrity of the airplane.

Actions Since AD 2019-20-10 Was Issued

    Since the FAA issued AD 2019-20-10, a clarification of the initial 
compliance time for the rototest inspection, related to the 
incorporation of certain airworthiness limitations (ALI) tasks has been 
added. Certain airworthiness limitations (ALI) tasks referenced in EASA 
AD 2018-0289, dated December 21, 2018 (which corresponds to FAA AD 
2019-20-10) were initially applicable only to the left- and right-hand 
door stop fitting holes at position 1 or 7 at fuselage frame (FR)20, 
and, at a later stage, were made applicable to the left- and right-hand 
door stop fitting holes at position 1 or 7 at fuselage FR16. An 
operator reported a possible misunderstanding of the compliance time in 
EASA AD 2018-0289. Therefore, EASA determined that the compliance time 
language related to accomplishment of those ALI tasks needed to be 
clarified.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0289R1, dated February 10, 2021 
(EASA AD 2018-0289R1) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for certain Airbus SAS Model A318 series airplanes; Model A319-111, -
112, -113, -114, -115, -131, -132, and -133 airplanes; Model A320-211, 
-212, -214, -215, -216, -231, -232, and -233 airplanes; and Model A321-
111, -112, -131, -211, -212, -213, -231, and -232 airplanes. EASA AD 
2018-0289R1 supersedes EASA AD 2018-0289 (which corresponds to FAA AD 
2019-20-10). Model A320-215 airplanes are not certificated 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 proposed AD was prompted by a report that cracks were detected 
on FR16 and FR20 web holes and passenger door intercostal fitting holes 
at the door stop fitting locations. The FAA is proposing this AD to 
address cracking of the web holes at the door stop fittings, which 
could affect the structural integrity of the airplane. See the MCAI for 
additional background information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2019-20-10, this proposed AD would retain all of the 
requirements of AD 2019-20-10. Those requirements are referenced in 
EASA AD 2018-0289R1, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2018-0289R1 describes procedures for repetitive rototest 
inspections of the holes at the door stop fittings for any cracking and 
repair if necessary. 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 and Requirements of This Proposed AD

    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 proposing this AD because the FAA 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2018-0289R1 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

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 2018-
0289R1 will be incorporated by reference in the FAA final rule. This 
proposed AD would, therefore, require compliance with EASA AD 2018-
0289R1 in its entirety, through that incorporation, except for any 
differences identified as exceptions in the regulatory text of this 
proposed 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 2018-0289R1 that is required for 
compliance with EASA AD 2018-0289R1 will be available on the internet 
at https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0501 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,528 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Retained actions from AD 2019-20-10     33 work-hours x $85 per               $0          $2,805      $3,447,345
 (1,229 airplanes).                      hour = $2,805.
Inspections...........................  33 work-hours x 85 per                 0           2,805       4,286,040
                                         hour = 2,805.
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[[Page 31991]]

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
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                                                             Cost per
               Labor cost                   Parts cost        product
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51 work-hours x $85 per hour = $4,335...            $350          $4,685
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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 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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) 2019-20-10, Amendment 39-19763 
(84 FR 61526, November 13, 2019), and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2021-0501; Project Identifier MCAI-2021-
00168-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 2, 2021.

(b) Affected ADs

    This AD replaces AD 2019-20-10, Amendment 39-19763 (84 FR 61526, 
November 13, 2019) (AD 2019-20-10).

(c) Applicability

    This AD applies to Airbus SAS airplanes specified in paragraphs 
(c)(1) through (4) of this AD, certificated in any category, as 
identified in European Union Aviation Safety Agency (EASA) AD 2018-
0289R1, dated February 10, 2021 (EASA AD 2018-0289R1).
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, and -233 
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report that cracks were detected on 
frame (FR)16 and FR20 web holes and passenger door intercostal 
fitting holes at the door stop fitting locations, and a 
determination that a certain compliance time needs to be clarified. 
The FAA is issuing this AD to address cracking of the web holes at 
the door stop fittings, which could affect the structural integrity 
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 2018-0289R1.

(h) Exceptions to EASA AD 2018-0289R1

    (1) Where EASA AD 2018-0289R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2018-0289R1 does not 
apply to this AD.
    (3) Where Table 1 of EASA AD 2018-0289R1 refers to a compliance 
time ``after 31 May 2017,'' this AD requires using a compliance time 
after May 31, 2018 (the effective date of task 531103-01-1 in ``ALS 
Part 2 rev. 6'').
    (4) Where paragraphs (3) and (6) of EASA AD 2018-0289R1 refers 
to actions that have been done ``in accordance with Airbus Repair 
Design Approval Sheet (RDAS),'' this AD includes repair done ``in 
accordance with 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.''

(i) 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 (j)(2) of 
this AD. Information may be emailed to: [email protected].
    (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 2019-20-10 are approved as 
AMOCs for the corresponding provisions of EASA AD 2018-0289R1 that 
are required by paragraph (g) of this AD, except for those airplanes 
having a compliance time specified in ``Table 1:

[[Page 31992]]

Inspection Thresholds,'' Row B, of EASA AD 2018-0289R1.
    (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): For any service information 
referenced in EASA AD 2018-0289R1 that contains RC procedures and 
tests: Except as required by paragraph (i)(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.

(j) Related Information

    (1) For information about EASA AD 2018-0289R1, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. 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-
2021-0501.
    (2) 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 [email protected].

    Issued on June 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-12603 Filed 6-15-21; 8:45 am]
BILLING CODE 4910-13-P