[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Proposed Rules]
[Pages 72195-72198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27288]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / 
Proposed Rules  

[[Page 72195]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1063; Project Identifier MCAI-2021-00826-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2018-09-09, which applies to certain Airbus Model A318 series airplanes 
and Model A319 series airplanes; all Model A320-211, -212, -214, -216, 
-231, -232, and -233 airplanes; and all Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes. AD 2018-09-09 requires 
modifying the holes of the upper cleat to upper stringer attachments at 
certain areas of the left-and right-hand wings. Since the FAA issued AD 
2018-09-09, additional affected configurations were identified and, for 
certain airplanes, it was determined that additional modification work 
and revised compliance times are necessary. This proposed AD would 
retain the requirements of AD 2018-09-09 and add airplanes, require 
different compliance times for certain airplane configurations, and, 
for certain airplanes, require additional modifications or reduce 
compliance times, 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 February 4, 
2022.

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: 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 EASA material that will be incorporated by reference (IBR) in 
this AD, contact the 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-2021-1063.

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-
1063; 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. 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 [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-2021-1063; Project Identifier 
MCAI-2021-00826-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 72196]]

Discussion

    The FAA issued AD 2018-09-09, Amendment 39-19266 (83 FR 19925, May 
7, 2018; corrected May 15, 2018 (83 FR 22354)) (AD 2018-09-09), which 
applies to certain Airbus Model A318 series airplanes and Model A319 
series airplanes; all Model A320-211, -212, -214, -216, -231, -232, and 
-233 airplanes; and all Model A321-111, -112, -131, -211, -212, -213, -
231, and -232 airplanes. AD 2018-09-09 requires modifying the holes of 
the upper cleat to upper stringer attachments at certain areas of the 
left- and right-hand wings. The FAA issued AD 2018-09-09 to prevent 
fatigue cracking in the stringer attachment holes of the wings, which 
could result in reduced structural integrity of the wings.

Actions Since AD 2018-09-09 Was Issued

    Since the FAA issued AD 2018-09-09, additional affected 
configurations were identified to be subject to this widespread fatigue 
damage and, for certain airplanes, it was determined that additional 
modification work or revised compliance times are necessary.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0167, dated July 14, 2021 (EASA 
AD 2021-0167) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for certain Airbus SAS Model A318-111, -112, -121, and -122 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 2021-0167 supersedes EASA AD 2017-0117, dated July 
7, 2017 (which corresponds to FAA AD 2018-09-09). 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 indicating that 
additional affected configurations were identified to be subject to 
widespread fatigue damage and, for certain airplanes, it was determined 
that additional modification work (such as, for certain configurations, 
oversizing certain additional holes, replacing a certain fastener with 
a corrosion-resistant fastener, or cleat refit and sealant procedure) 
or revised compliance times are necessary. The FAA is proposing this AD 
to prevent fatigue cracking in the stringer attachment holes of the 
wings, which could result in reduced structural integrity of the wings. 
See the MCAI for additional background information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2018-09-09, this proposed AD would retain all of the 
requirements of AD 2018-09-09. Those requirements are referenced in 
EASA AD 2021-0167, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0167 describes procedures for modifying the stringer 
attachments at rib 2 through rib 7 of the left- and right-hand wings. 
The modification includes oversizing the holes, doing an eddy current 
inspection of the affected holes for damage, and repairing damage. EASA 
AD 2021-0167 also specifies additional work for airplanes on which the 
modification actions were accomplished using certain service 
information. 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 2021-0167 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 developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2021-0167 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0167 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 EASA AD 2021-0167 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 EASA AD 2021-
0167. Service information required by EASA AD 2021-0167 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-1063 after the FAA final rule is 
published.

Explanation of Compliance Time

    The compliance time for the modification specified in this proposed 
AD for addressing WFD was established to ensure that discrepant 
structure is modified before WFD develops in airplanes. Standard 
inspection techniques cannot be relied on to detect WFD before it 
becomes a hazard to flight. The FAA will not grant any extensions of 
the compliance time to complete any AD-mandated service bulletin 
related to WFD without extensive new data that would substantiate and 
clearly warrant such an extension.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,446 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 72197]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2018-09-   125 work-hours x $85          $26,260         $36,885  $41,901,360 (1,136
 09.                                 per hour = $10,625.                                    airplanes).
New proposed actions..............  125 work-hours x $85            1,520          12,145   17,561,670.
                                     per hour = $10,625.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions or the additional work for 
certain previously modified airplanes, as specified in this proposed 
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 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) 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.

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) 2018-09-09, Amendment 39-19266 
(83 FR 19925, May 7, 2018; corrected May 15, 2018 (83 FR 22354)); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2021-1063; Project Identifier MCAI-2021-
00826-T.

(a) Comments Due Date

    The FAA must receive comments by February 4, 2022.

(b) Affected Airworthiness Directives (ADs)

    This AD replaces AD 2018-09-09, Amendment 39-19266 (83 FR 19925, 
May 7, 2018; corrected May 15, 2018 (83 FR 22354)).

(c) Applicability

    This AD applies to Airbus SAS airplanes identified in paragraphs 
(c)(1) through (4) of this AD, certificated in any category, as 
identified in European Union Aviation Safety Agency (EASA) AD 2021-
0167, dated July 14, 2021 (EASA AD 2021-0167).
    (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 57, Wings.

(e) Reason

    This AD was prompted by a report that additional affected 
configurations were identified to be subject to widespread fatigue 
damage at certain stringer attachments and, for certain airplanes, 
it was determined that additional modification work is necessary. 
The FAA is issuing this AD to prevent fatigue cracking in the 
stringer attachment holes of the wings, which could result in 
reduced structural integrity of the wings.

(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 2021-0167.

(h) Exceptions to EASA AD 2021-0167

    (1) Where EASA AD 2021-0167 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0167 does not apply 
to this AD.

(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]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards 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, 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 2021-0167 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

[[Page 72198]]

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 2021-0167, contact the 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-
2021-1063.
    (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 December 3, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-27288 Filed 12-20-21; 8:45 am]
BILLING CODE 4910-13-P