[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Rules and Regulations]
[Pages 10064-10067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03730]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0682; Project Identifier MCAI-2021-00474-T; 
Amendment 39-21944; AD 2022-04-03]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A318 series airplanes; Model A319-111, -112, -
113, -114, -115, -131, -132, -133, -151N, and -153N airplanes; and 
Model A320 and A321 series airplanes. This AD was prompted by a 
determination that new or more restrictive airworthiness limitations 
are necessary. This AD requires revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective March 30, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 30, 
2022.

ADDRESSES: For material 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 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 at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0682.

[[Page 10065]]

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0682; 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 final rule, the 
mandatory continuing airworthiness information (MCAI), any comments 
received, and other information. The address for Docket Operations is 
U.S. Department of Transportation, Docket Operations, ;M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

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:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0108, dated April 20, 2021 
(EASA AD 2021-0108) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS 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, -215, -
216, -231, -232, -233, -251N, -252N, -253N, -271N, -272N, and -273N 
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, -
232, -251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX, 
and -272NX airplanes. 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. Airplanes with an original airworthiness certificate or 
original export certificate of airworthiness issued after December 9, 
2020 must comply with the airworthiness limitations specified as part 
of the approved type design and referenced on the type certificate data 
sheet; this AD therefore does not include those airplanes in the 
applicability.
    EASA AD 2021-0108 specifies that it requires a task (limitation) 
already required by EASA AD 2020-0067 (which corresponds to FAA AD 
2020-22-16, Amendment 39-21312 (85 FR 70439, November 5, 2020) (AD 
2020-22-16)) and invalidates (terminates) prior instructions for that 
task. This AD terminates the limitations of Task 262300-00001-1-C, as 
required by paragraph (i) of AD 2020-22-16, for airplanes with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before January 17, 2020 only.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus SAS 
Model A318 series airplanes; Model A319-111, -112, -113, -114, -115, -
131, -132, -133, -151N, and -153N airplanes; and Model A320 and A321 
series airplanes. The NPRM published in the Federal Register on August 
19, 2021 (86 FR 46626). The NPRM was prompted by a determination that 
new or more restrictive airworthiness limitations are necessary. The 
NPRM proposed to require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, as specified in EASA AD 2021-
0108.
    The FAA is issuing this AD to address a safety-significant latent 
failure (that is not annunciated), which, in combination with one or 
more other specific failures or events, could result in a hazardous or 
catastrophic failure condition. See the MCAI for additional background 
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Delta Airlines (DAL). The following 
presents the comments received on the NPRM and the FAA's response to 
each comment.

Request To Review the Code of Federal Regulations (CFRs)

    DAL requested that the FAA review the CFRs to possibly revise it in 
order to make the airworthiness limitations section (ALS) and 
airworthiness limitations (AWL) incorporations simpler (no ADs) for 
commercial airplanes. DAL commented that the FAA and operators would 
not have to produce as much paperwork for ADs and alternative methods 
of compliance (AMOCs). DAL also commented that revising the CFR that 
would mandate operators to incorporate the latest approved revision or 
variation in a certain number of months after the revision or variation 
is published regardless of taking on new airplanes.
    DAL stated that the initial compliance time for doing the tasks 
specified in the ALS or AWL is at the applicable ``thresholds'' of the 
ALS, or within a certain number of months after the revision or 
variation is published, whichever occurs later (similar to the typical 
language used in ALS ADs and paragraph (h)(4) of this proposed AD). DAL 
also stated that this would reduce the amount of confusion for 
operators to determine if an AMOC is needed, simplify and standardize 
the incorporation of AWLs, and allow operators to address these safety 
concerns faster (this ALS variation was published more than nine months 
ago). DAL commented that AD 2021-16-01 was published one week after 
this proposed AD and most operators would have preferred to see these 
ADs combined into one in order to reduce the number of ALS ADs.
    While the FAA understands the commenter's concern, the current CFR 
requires incorporating the latest ALS included in the type design of 
the airplane, such as 14 CFR 91.403(c) and 91.409(e). ADs are the only 
viable method to mitigate risk identified in a product when its type 
design did not require incorporation of the latest ALS document, as 
applicable, by mandating subsequent ALS revisions or variations at the 
applicable thresholds. The FAA's regulatory requirements are 
promulgated via notice-and-comment rulemaking as required by the 
Administrative Procedure Act (APA), and the public can petition for 
rulemaking pursuant to 14 CFR part 11.
    Also, the FAA determined that combining the requirements of AD 
2021-16-01 with the requirements in this AD would have resulted in the 
FAA issuing a supplemental NPRM in order to give notice and allow for 
public comment on the additional requirements. In the interest of 
safety to address the unsafe condition specified in AD 2021-16-01, the 
FAA determined AD 2021-16-01 should not be delayed. The FAA has not 
changed this AD in this regard.

Request for Clarification of Later Approved Revisions

    DAL requested clarification of paragraph (i) of the proposed AD, 
which allows alternative actions and intervals if they are approved in 
the ``Ref. Publications'' paragraph of EASA AD 2021-0108. DAL asked the 
following questions.
     Are later approved revisions of Airbus A318/A319/A320/A321 
Airworthiness Limitations Section (ALS) Part 3, Certification 
Maintenance Requirement (CMR), Variation 7.3, dated December 9, 2020, 
referring to Variation 7.4 or Variation 7.5 (or Variation 7.3 Revision 
02)?
     If the technical content of the tasks is modified at a 
later approved variation or revision, does paragraph (i) of the

[[Page 10066]]

proposed AD give operators approval to incorporate these later approved 
variations or revisions? Or is the statement regarding ``technical 
content'' only, giving approval to incorporate a later approved 
variation or revision if the technical content has not changed?
    The FAA agrees to clarify. Operators may not revise their existing 
maintenance or inspection programs after incorporating Airbus A318/
A319/A320/A321 Airworthiness Limitations Section (ALS) Part 3, 
Certification Maintenance Requirement (CMR), Variation 7.3, dated 
December 9, 2020, unless they are incorporating a future variation or 
revision of the ALS document that includes the tasks identified in the 
variation specified in EASA AD 2021-0108. The future variation or 
revision of the variation should incorporate the same technical content 
as specified in EASA AD 2021-0108. The FAA has not changed this AD in 
this regard.

Request To Delete the Terminating Action for Certain Requirements

    DAL requested that the FAA remove AD 2020-22-16 as an affected AD 
in paragraph (b) of the proposed AD and as a terminating action in 
paragraph (j) of the proposed AD. DAL stated that, technically, those 
paragraphs are not needed because paragraph (k) of AD 2020-22-16 allows 
alternative actions and intervals if they are approved in the ``Ref. 
Publications'' paragraph of EASA AD 2020-0067. DAL commented that the 
``Ref. Publications'' paragraph of EASA AD 2020-0067 specifies the use 
of later approved variations or revisions of Airbus A318/A319/A320/A321 
Airworthiness Limitations Section (ALS) Part 3, Certification 
Maintenance Requirement (CMR), Revision 07, dated October 11, 2019; and 
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 
3, Certification Maintenance Requirement (CMR), Revision 07, Issue 2, 
dated January 17, 2020; as acceptable for compliance with the 
requirements of EASA AD 2020-0067. DAL commented that Airbus A318/A319/
A320/A321 Airworthiness Limitations Section (ALS) Part 3, Certification 
Maintenance Requirement (CMR), Variation 7.3, dated December 9, 2020, 
is a later approved variation.
    The FAA disagrees with removing AD 2020-22-16 as an affected AD and 
as a terminating action to this AD. Paragraph (j) of this AD is 
necessary because it allows operators to not have conflicting 
requirements for Task 262300-00001-1-C from previous versions or 
revisions of A318/A319/A320/A321 Airworthiness Limitations Section 
(ALS) Part 3, Certification Maintenance Requirement (CMR) and its 
corresponding replacement task in A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) Part 3, Certification Maintenance Requirement 
(CMR), Variation 7.3, dated December 9, 2020. Allowance for 
incorporation of future revisions of an ALS document is not mandatory, 
but an optional requirement under applicable conditions. The FAA has 
not changed this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, this AD is adopted as 
proposed in the NPRM. None of the changes will increase the economic 
burden on any operator. Accordingly, the FAA is issuing this AD to 
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0108 describes new or more restrictive airworthiness 
limitations for certification maintenance requirements. 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.

Costs of Compliance

    The FAA estimates that this AD affects 1,728 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate. Therefore, the agency estimates the average total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

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

    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) 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 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:

2022-04-03 Airbus SAS: Amendment 39-21944; Docket No. FAA-2021-0682; 
Project Identifier MCAI-2021-00474-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 30, 2022.

[[Page 10067]]

(b) Affected ADs

    This AD affects AD 2020-22-16, Amendment 39-21312 (85 FR 70439, 
November 5, 2020) (AD 2020-22-16).

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category, with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before December 9, 
2020.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -153N 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 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address a safety-significant latent failure (that 
is not annunciated), which, in combination with one or more other 
specific failures or events, could result in a hazardous or 
catastrophic failure condition.

(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, European Union Aviation Safety Agency (EASA) AD 
2021-0108, dated April 20, 2021 (EASA AD 2021-0108).

(h) Exceptions to EASA AD 2021-0108

    (1) Where EASA AD 2021-0108 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2021-0108 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0108 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, within 90 days after the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA 2021-0108 is at the applicable ``thresholds'' 
as incorporated by the requirements of paragraph (3) of EASA AD 
2021-0108, or within 90 days after the effective date of this AD, 
whichever occurs later.
    (5) The provisions specified in paragraphs (4) of EASA AD 2021-
0108 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0108 does not apply 
to this AD.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2021-0108.

(j) Terminating Action for Certain Requirements in AD 2020-22-16

    Accomplishing the actions required by this AD terminates the 
limitations of Task 262300-00001-1-C, as required by paragraph (i) 
of AD 2020-22-16, for airplanes with an original airworthiness 
certificate or original export certificate of airworthiness issued 
on or before January 17, 2020 only.

(k) Additional AD Provisions

    (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 local Flight 
Standards District 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: [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, 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, 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

    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].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0108, 
dated April 20, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0108, 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.
    (4) 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.
    (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, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-03730 Filed 2-22-22; 8:45 am]
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