[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Proposed Rules]
[Pages 54183-54186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18993]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1066; Project Identifier MCAI-2022-00622-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) 
2020-21-11, which applies 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. AD 
2020-21-11 requires revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations. Since the FAA issued AD 2020-21-11, the FAA 
has determined that new or more restrictive airworthiness limitations 
are necessary. This proposed AD would continue to require the actions 
in AD 2020-21-11 and require revising the existing maintenance or 
inspection program, as applicable, to incorporate additional new or 
more restrictive airworthiness limitations, as specified in a European 
Union Aviation Safety Agency (EASA) AD, which is proposed for 
incorporation by reference. 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 October 17, 
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 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]; website 
easa.europa.eu. You may find this material on the EASA website at 
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 
regulations.gov by searching for and locating Docket No. FAA-2022-1066.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1066; 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

[[Page 54184]]

received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large 
Aircraft Section, FAA, International Validation Branch, 2200 South 
216th St., Des Moines, WA 98198; telephone 206-231-3225; 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-2022-1066; Project Identifier 
MCAI-2022-00622-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 
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 Dan 
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3225; 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 2020-21-11, Amendment 39-21284 (85 FR 65674, 
October 16, 2020) (AD 2020-21-11), which applies 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. AD 2020-21-11 requires revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations. The FAA issued AD 2020-21-
11 to address the failure of certain life-limited parts, which could 
result in reduced structural integrity of the airplane.

Actions Since AD 2020-21-11 Was Issued

    Since the FAA issued AD 2020-21-11, the FAA has determined that new 
or more restrictive airworthiness limitations are necessary.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0082, dated May 10, 2022 (EASA 
AD 2022-0082) (also referred to as the MCAI), to correct an unsafe 
condition for all Model A318-111, -112, -121, and -122 airplanes; Model 
A319-111, -112, -113, -114, -115, -131, -132, -133, -151N, -153N, and -
171N 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 February 2, 2022 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.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address failure of certain life-limited parts, 
which could result in reduced structural integrity of the airplane. See 
the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0082 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD would also require EASA AD 2020-0080, dated April 1, 2020, 
which the Director of the Federal Register approved for incorporation 
by reference as of November 20, 2020 (85 FR 65674, October 16, 2020).
    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 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 retain the requirements of AD 2020-21-11. 
This proposed AD would also require revising the existing maintenance 
or inspection program, as applicable, to incorporate additional new or 
more restrictive airworthiness limitations, which are specified in EASA 
AD 2022-0082 described previously, as proposed for incorporation by 
reference. Revising the existing maintenance or inspection program 
would terminate the retained requirements from AD 2020-21-11. Any 
differences with EASA AD 2022-0082 are identified as exceptions in the 
regulatory text of this AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance (AMOC)

[[Page 54185]]

according to paragraph (m)(1) 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 2022-0082 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0082 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 2022-0082 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 2022-
0082. Service information required by EASA AD 2022-0082 for compliance 
will be available at regulations.gov by searching for and locating 
Docket No. FAA-2022-1066 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections) or intervals may be used unless the actions and intervals 
are approved as an AMOC in accordance with the procedures specified in 
the AMOCs paragraph under ``Additional FAA Provisions.'' This new 
format includes a ``New Provisions for Alternative Actions and 
Intervals'' paragraph that does not specifically refer to AMOCs, but 
operators may still request an AMOC to use an alternative action or 
interval.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,857 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2020-21-11 to be $7,650 (90 work-hours x $85 per work-
hour).
    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.
    The FAA estimates the total cost per operator for the new proposed 
actions 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

    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) 2020-21-11, Amendment 39-21284 
(85 FR 65674, October 16, 2020); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-1066; Project Identifier MCAI-2022-
00622-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 17, 2022.

(b) Affected ADs

    This AD replaces AD 2020-21-11, Amendment 39-21284 (85 FR 65674, 
October 16, 2020) (AD 2020-21-11).

(c) Applicability

    This AD applies to Airbus SAS Model 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 February 2, 
2022.
    (1) Model A318-111, -112, -121, and -122 airplanes.

[[Page 54186]]

    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N 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) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address failure of certain life-limited parts, 
which could result in reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With a New Terminating Action

    This paragraph restates the requirements of paragraph (i) of AD 
2020-21-11, with a new terminating action. For all airplanes with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before November 13, 2019, except for 
Model A319-171N airplanes: 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 2020-0080, dated April 1, 2020 (EASA AD 2020-0080). 
Accomplishing the revision of the existing maintenance or inspection 
program required by paragraph (j) of this AD terminates the 
requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0080, With No Changes

    (1) The requirements specified in paragraph (1), (3), and (4) of 
EASA AD 2020-0080 do not apply to this AD.
    (2) Paragraph (2) of EASA AD 2020-0080 specifies revising ``the 
AMP'' within 12 months after its effective date, but this AD 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate the ``limitations'' specified in 
paragraph (3) of EASA AD 2020-0080 within 90 days after November 20, 
2020 (the effective date of AD 2020-21-11).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (2) of EASA AD 2020-0080 is at the applicable compliance 
times specified in paragraph (2) of EASA AD 2020-0080, or within 90 
days after November 20, 2020 (the effective date of AD 2020-21-11), 
whichever occurs later.
    (4) The ``Remarks'' section of EASA AD 2020-0080 does not apply 
to this AD.

(i) Retained Restrictions on Alternative Actions and Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (k) of AD 
2020-21-11, with a new exception. Except as required by paragraph 
(j) of this AD, after the maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals are allowed except as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2020-0080.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2022-0082, dated May 10, 2022 (EASA AD 
2022-0082). Accomplishing the revision of the existing maintenance 
or inspection program required by this paragraph terminates the 
requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2022-0082

    (1) Where EASA AD 2022-0082 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraph (1) of EASA AD 2022-
0082 do not apply to this AD.
    (3) Paragraph (2) of EASA AD 2022-0082 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 (2) of EASA AD 2022-0082 is at the applicable 
``limitations'' as incorporated by the requirements of paragraph (2) 
of EASA AD 2022-0082, or within 90 days after the effective date of 
this AD, whichever occurs later.
    (5) The provisions specified in paragraphs (3) and (4) of EASA 
AD 2022-0082 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2022-0082 does not apply 
to this AD.

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (j) 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 2022-0082.

(m) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (n)(2) of this AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2020-21-11 are approved as 
AMOCs for the corresponding provisions of EASA AD 2022-0082 that are 
required by paragraph (j) of this AD.
    (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, 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.

(n) Related Information

    (1) For EASA AD 2020-0080 and EASA AD 2022-0082, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; website easa.europa.eu. You may 
find this EASA AD on the EASA website at 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 
regulations.gov by searching for and locating Docket No. FAA-2022-
1066.
    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3225; email [email protected].

    Issued on August 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-18993 Filed 9-1-22; 8:45 am]
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