[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Proposed Rules]
[Pages 7062-7065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02520]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0091; Project Identifier MCAI-2021-01123-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 adopt a new airworthiness directive (AD) 
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, -216, -231, -232, and -233 airplanes; and Model A321-111, -
112, -131, -211, -212, -213, -231, and -232 airplanes. This proposed AD 
was prompted by reports that during inspections accomplished in 
accordance with certain airworthiness limitation items (ALIs), cracks 
were detected in double joggle areas at frame (FR) 16 and FR20, right 
hand and left hand sides. This proposed AD would require repetitive 
special detailed inspections of certain areas and applicable on-
condition actions, as specified in a European Union Aviation Safety 
Agency (EASA) AD. 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 March 25, 
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: Deliver to Mail address above 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 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 material on the EASA website at 
https://ad.easa.europa.eu.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0091; 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, the 
mandatory continuing airworthiness information (MCAI), 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-2022-0091; Project Identifier 
MCAI-2021-01123-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 
this 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 NPRM.

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.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0227, dated October 11, 2021 
(EASA AD 2021-0227) (also referred to as 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, -216, -231, -232, and -233 airplanes; and 
Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.
    This proposed AD was prompted by reports that during inspections 
accomplished in accordance with ALI tasks 531153 and 531155, cracks 
were detected in the double joggle areas at FR16 and FR20, right hand 
and left hand sides. The FAA is proposing this

[[Page 7063]]

AD to address cracks in these areas, which, if not detected and 
corrected, could reduce the structural integrity of the fuselage. See 
the MCAI for additional background information.

Other Relevant Rulemaking

    AD 2020-20-05, Amendment 39-21261 (85 FR 65197, October 15, 2020) 
(AD 2020-20-05) applies to Model A318-111, -112, -121, and -122 
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -153N airplanes; Model A320-211, -212, -214, -216, -231, -
232, -233, -251N, -252N, -253N, -271N, -272N, and -273N airplanes; and 
Model A321-111, -112, -131, -211, -212, -213, -231, -232, -251N, -
251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX 
airplanes. AD 2020-20-05 requires incorporating new or more restrictive 
airworthiness limitations. Accomplishment of the proposed actions would 
terminate ALI Tasks 531153-02-1, 531153-02-2, 531155-02-1 and 531155-
02-2, as required by paragraph (i) of AD 2020-20-05 for 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 only.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0227 specifies procedures for repetitive special 
detailed inspections (rototest inspections) of double joggle areas at 
FR16 and FR20, right hand and left hand sides for cracking, applicable 
on-condition actions (repair) and an optional modification of the 
double joggle area, which terminates the repetitive inspections. The 
modification includes a rotating probe inspection of certain fastener 
holes for cracks, a check of the fastener holes for a minimum diameter, 
and applicable on-condition actions (repair and oversizing holes). 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

    These products have 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, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop in other products of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0227 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed 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 2021-0227 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0227 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 2021-0227 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-
0227. Service information required by EASA AD 2021-0227 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0091 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 1,549 
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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               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
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Up to 55 work-hours x $85 per hour =                  $0  Up to $4,675..............  Up to $7,241,575.
 $4,675.
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                  Estimated Costs for Optional Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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60 work-hours x $85 per hour = $5,100.          $1,624           $6,724
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    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs 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.

[[Page 7064]]

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 adding the following new airworthiness 
directive:

Airbus SAS: Docket No. FAA-2022-0091; Project Identifier MCAI-2021-
01123-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 25, 2022.

(b) Affected ADs

    This AD affects AD 2020-20-05, Amendment 39-21261 (85 FR 65197, 
October 15, 2020) (AD 2020-20-05).

(c) Applicability

    This AD applies to Airbus SAS Model 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 2021-0227, dated October 11, 2021 (EASA AD 2021-0227).
    (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) Unsafe Condition

    This AD was prompted by reports that, during inspections 
accomplished as specified in certain airworthiness limitation items 
(ALIs), cracks were detected in the double joggle areas at frame 
(FR) 16 and FR20 in the nose forward fuselage. The FAA is issuing 
this AD to address cracks in these areas, which, if not detected and 
corrected, could reduce the structural integrity of the fuselage.

(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 2021-0227.

(h) Exceptions to EASA AD 2021-0227

    (1) Where EASA AD 2021-0227 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0227 does not apply 
to this AD.
    (3) Where paragraph (2) of EASA AD 2021-0227 specifies to 
``contact Airbus for approved repair instructions and, within the 
compliance time specified therein, accomplish those instructions 
accordingly'' if any cracks are detected, for this AD if any 
cracking is detected, the cracking must be repaired before further 
flight using a method approved by Airbus SAS's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.
    (4) Where paragraphs (3) and (4) of EASA AD 2021-0227 specify 
``Airbus approved repair instructions,'' or ``post-repair inspection 
instructions approved by Airbus,'' for this AD, to be acceptable for 
credit, the repair instructions must be approved by Airbus SAS's 
EASA Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0227 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

 (j) Terminating Action for Certain Requirements in AD 2020-20-05

    Accomplishing the initial inspections required by this AD 
terminates ALI Tasks 531153-02-1, 531153-02-2, 531155-02-1 and 
531155-02-2, as required by paragraph (i) of AD 2020-20-05 only for 
the airplanes identified in paragraph (c) of this AD.

 (k) Additional 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)(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): Except as required by 
paragraphs (h)(3), (i), and (k)(2) of this AD, if any service 
information contains procedures or tests that are identified as RC, 
those 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 existing 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

    (1) For EASA AD 2021-0227, 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 at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0091.
    (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].


[[Page 7065]]


    Issued on February 2, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-02520 Filed 2-7-22; 8:45 am]
BILLING CODE 4910-13-P