[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]
BILLING CODE 4910-13-P