[Federal Register Volume 87, Number 87 (Thursday, May 5, 2022)]
[Proposed Rules]
[Pages 26702-26705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08910]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0471; Project Identifier MCAI-2021-01219-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)
2021-22-04, which applies to all 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, -216, -231, -232, and -
233 airplanes, and Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes. AD 2021-22-04 requires a one-time eddy current
conductivity measurement of certain structural parts of the outer flaps
to determine if the incorrect alloy was used, and replacement if
necessary; and also requires a one-time eddy current conductivity
measurement of certain other structural parts of the outer flaps to
determine if the parts were properly heat treated, and replacement if
necessary. Since the FAA issued AD 2021-22-04, typographical errors
have been identified regarding serial numbers of certain suspected
parts, and it was determined that inconsistent serial numbers formats
have been used to identify certain suspected parts. This proposed AD
would continue to require the actions in AD 2021-22-04, and would
require using an updated list of suspected parts, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference. This proposed AD would also limit the
installation of affected parts. 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 June 20,
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 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. 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-2022-0471.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0471; 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: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3229;
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-2022-0471; Project Identifier
MCAI-2021-01219-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of
[[Page 26703]]
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
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; phone and fax: 206-231-3229; 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
The FAA issued AD 2021-22-04, Amendment 39-21777 (86 FR 64801,
November 19, 2021) (AD 2021-22-04), which applies to all 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, -216, -231, -232, and -233 airplanes, and Model A321-111, -112, -
131, -211, -212, -213, -231, and -232 airplanes. AD 2021-22-04 requires
a one-time eddy current conductivity measurement of certain structural
parts of the outer flaps to determine if the incorrect alloy was used,
and replacement if necessary; and also requires a one-time eddy current
conductivity measurement of certain other structural parts of the outer
flaps to determine if the parts were properly heat treated, and
replacement if necessary. The FAA issued AD 2021-22-04 to address
structural parts that may not meet the certified life limit, which
could result in failure of the flap trailing edge and reduced
controllability of the airplane.
Actions Since AD 2021-22-04 Was Issued
Since the FAA issued AD 2021-22-04, it has been identified that
there are typographical errors in some of the serial numbers of parts
listed in EASA AD 2020-0174, dated August 5, 2020 (which corresponds to
FAA AD 2021-22-04) that may have been subject to improper heat
treatment and/or manufactured with the wrong material (i.e., suspected
parts). Additionally, it has been determined that different serial
number formats have been used to identify certain parts that may have
been subject to improper heat treatment and/or manufactured with the
wrong material. EASA and Airbus updated the list of suspected parts to
include the corrected serial numbers and clarify the possible different
serial number formats used to identify the suspected parts.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0229, dated November 5, 2021
(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, 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.
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 quality control review, which
determined that the wrong aluminum alloy was used to manufacture
several structural parts and by the issuance of an updated list of
suspected parts, including those that may have been improperly heat
treated. The FAA is proposing this AD to address structural parts that
may not meet the certified life limit, which could result in failure of
the flap trailing edge and reduced controllability 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 2021-22-04, this proposed AD would retain certain of
the requirements of AD 2021-22-04. Those requirements are referenced in
EASA AD 2021-0229, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0229 specifies procedures for a one-time eddy current
conductivity measurement of certain structural parts of the outer flaps
to determine if the incorrect alloy was used, and replacement if
necessary; and a one-time eddy current conductivity measurement of
certain other structural parts of the outer flaps to determine if the
parts were properly heat treated, and replacement if necessary. EASA AD
2021-0229 also limits the installation of affected parts. 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, 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 the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0229 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
This proposed AD would also limit the installation of affected parts
under certain conditions.
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
[[Page 26704]]
CAAs. As a result, the FAA proposes to incorporate EASA AD 2021-0229 by
reference in the FAA final rule. This proposed AD would, therefore,
require compliance with EASA AD 2021-0229 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 2021-0229
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 2021-0229. Service information required by EASA AD 2021-0229
for compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0471 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 63 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 2022-21-04... 5 work-hours x $85 per $0 $425 $26,775
hour = $425.
New proposed actions.................. 5 work-hours x $85 per 0 425 26,775
hour = $425.
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition replacement specified in this proposed
AD.
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.
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) 2021-22-04, Amendment 39-21777
(86 FR 64801, November 19, 2021); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2022-0471; Project Identifier MCAI-2021-
01219-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 20, 2022.
(b) Affected ADs
This AD replaces AD 2021-22-04, Amendment 39-21777 (86 FR 64801,
November 19, 2021) (AD 2021-22-04).
(c) Applicability
This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category.
(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) Unsafe Condition
This AD was prompted by a quality control review, which
determined that the wrong aluminum alloy was used to manufacture
several structural parts and by the issuance of an updated list of
suspected parts, including those that may have been improperly heat
treated. The FAA is issuing this AD to address structural parts that
may not meet the certified life limit, which could result in failure
of the flap trailing edge and reduced controllability of the
airplane.a
(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 2021-0229, dated November 5, 2021 (EASA AD
2021-0229).
(h) Exceptions to EASA AD 2021-0229
(1) Where EASA AD 2021-0229 refers to its effective date, this
AD requires using the effective date of this AD.
[[Page 26705]]
(2) Where EASA AD 2021-0299 refers to August 19, 2020 (the
effective date of EASA AD 2020-0174), this AD requires using
December 27, 2021 (the effective date of AD 2021-22-04).
(3) The ``Remarks'' section of EASA AD 2021-0229 does not apply
to this AD.
(4) Where paragraphs (6) and (7) of EASA AD 2021-0229 mandate a
parts installation limitation, this AD requires the following parts
installation limitation: As of December 27, 2021 (the effective date
of AD 2021-22-04), only serviceable parts as defined in EASA AD
2021-0229 are allowed to be installed on any airplane.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0229
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Additional 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 (k)(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
paragraph (j)(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 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.
(k) Related Information
(1) For EASA AD 2021-0229, 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-
2022-0471.
(2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3229; email: [email protected].
Issued on April 21, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-08910 Filed 5-4-22; 8:45 am]
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