[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Rules and Regulations]
[Pages 31129-31131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10867]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0518; Project Identifier MCAI-2021-00822-T; 
Amendment 39-22046; AD 2022-10-08]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A320-214, -251N, and -271N airplanes. This AD 
was prompted by reports that damaged seat rail covers were detected in 
the forward and aft seat fixation area of some airplanes during initial 
delivery. This AD requires a one-time detailed inspection of the 
affected passenger seats and corrective actions if necessary, as 
specified in a European Union Aviation Safety Agency (EASA). The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective June 7, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 7, 
2022.
    The FAA must receive comments on this AD by July 7, 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 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-2022-0518.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0518; 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 AD, 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, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-0518; Project Identifier MCAI-
2021-00822-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to 
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, WA 
98198; telephone 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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0166, dated July 13, 2021 (EASA 
AD 2021-0166) (also referred to as the MCAI), to correct an unsafe 
condition for certain Airbus SAS Model A320-214, -251N, and -271N 
airplanes.
    This AD was prompted by reports that damaged seat rail covers were 
detected in the forward and aft seat fixation area of some airplanes 
during initial delivery. The FAA is issuing this AD to

[[Page 31130]]

address deformation or compression of the seat rail covers caused by 
improper transportation, handling or installation on the airplane. This 
condition, if not addressed, could lead to seat track detachment, 
possibly resulting in injury to passengers. See the MCAI for additional 
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0166 specifies procedures for a detailed inspection of 
the affected parts and corrective actions. Corrective actions include 
replacement of the seat or the seat rail covers. 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 are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI described above. The FAA is issuing this AD after determining 
that the unsafe condition described previously is likely to exist or 
develop on other products of these same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2021-0166 described previously, 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, 
EASA AD 2021-0166 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2021-0166 in its entirety through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this AD. Using common terms that are the same as 
the heading of a particular section in EASA AD 2021-0166 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 
2021-0166. Service information required by EASA AD 2021-0166 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0518 after this AD is 
published.

FAA's Justification and Determination of the Effective Date

    There are currently no domestic operators of these products. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
forgoing reason(s), the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, the FAA provides the following cost estimates to comply with 
this AD:

                  Estimated Costs for Required Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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2 work-hours x $85 per hour = $170....              $0             $170
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    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                                     Estimated Costs of On-Condition Action
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               Action                      Labor cost                 Parts cost              Cost per product
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Seat rail cover replacement........  1 work-hour x $85 per   Up to $160..................  Up to $245 (per rail
                                      hour = $85.                                           cover).
Seat replacement...................  3 work-hours x $85 per  Up to $21,600...............  Up to $21,855 (per
                                      hour = $255.                                          seat).
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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

[[Page 31131]]

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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2022-10-08 Airbus SAS: Amendment 39-22046; Docket No. FAA-2022-0518; 
Project Identifier MCAI-2021-00822-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 7, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A320-214, -251N, and -271N 
airplanes, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2021-0166, dated July 13, 
2021 (EASA AD 2021-0166).

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Unsafe Condition

    This AD was prompted by reports that damaged seat rail covers 
were detected in the forward and aft seat fixation area of some 
airplanes during initial delivery. The FAA is issuing this AD to 
address deformation or compression of the seat rail covers caused by 
improper transportation, handling or installation on the airplane. 
This condition, if not addressed, could lead to seat track 
detachment, possibly resulting in injury to passengers.

(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 2021-0166.

(h) Exceptions to EASA AD 2021-0166

    (1) Where EASA AD 2021-0166 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0166 does not apply 
to this AD.
    (3) Where paragraph (2) of EASA AD 2021-0166 specifies actions 
if ``discrepancies are detected,'' for this AD a discrepancy is an 
out-of-tolerance distance between the forward and aft attachment 
screws or a damaged (deformed or compressed) seat rail cover.
    (4) Where paragraph (3) of EASA AD 2021-0166 allows deferral of 
certain actions ``in accordance with the applicable instructions and 
limitations of Master Minimum Equipment List (MMEL) item 25-20-
01A,'' for this AD use ``in accordance with the applicable 
instructions and limitations of FAA MMEL item 25-21-01 or equivalent 
instructions and limitations in the operator's existing FAA-approved 
minimum equipment list (MEL).''

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0166 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k) 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

    For more information about this AD, contact Vladimir Ulyanov, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3229; email [email protected].

(l) 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 2021-0166, 
dated July 13, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0166, 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 May 6, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-10867 Filed 5-20-22; 8:45 am]
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