[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Proposed Rules]
[Pages 55737-55739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19442]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1155; Project Identifier MCAI-2022-00655-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 adopt a new airworthiness directive (AD) 
for all Airbus SAS Model A321-251N, A321-251NX, A321-252N, A321-252NX, 
A321-253N, and A321-253NX airplanes. This proposed AD was prompted by a 
stress analysis on the engine structure that indicated that the fail-
safe lug may not be able to sustain, during one inspection interval as 
currently specified in an airworthiness limitations item, the loads 
deriving from the engagement of the secondary load path within that 
inspection interval for the aft engine mount system. This proposed AD 
would require repetitive detailed inspections of the aft engine mount 
and secondary load path clearance fail-safe pin and replacement of the 
engine if necessary, 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 27, 
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 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 
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-2022-1155.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1155; 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: Dan Rodina, Aerospace Engineer, Large 
Aircraft Section, International Validation Branch, FAA, 2200 South 
216th Street, Des Moines, WA 98198; telephone and fax 206-231-3225; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 55738]]

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-2022-1155; Project Identifier 
MCAI-2022-00655-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, International 
Validation Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198; 
telephone and fax 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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0089, dated May 17, 2022 (EASA 
AD 2022-0089) (also referred to as the MCAI), to correct an unsafe 
condition for all Airbus SAS Model A321-251N, A321-251NX, A321-252N, 
A321-252NX, A321-253N, and A321-253NX airplanes.
    This proposed AD was prompted by a weakness identified by the 
manufacturer in the design of the CFM LEAP-1A aft engine mount waiting 
fail-safe male lug on the engine side. During a stress analysis on the 
engine structure, CFM discovered that the fail-safe lug may not be able 
to sustain, during one inspection interval, as currently specified in 
airworthiness limitation item (ALI) task 712232-01-1, the loads 
deriving from the engagement of the secondary load path within that 
inspection interval for the aft engine mount system. Consequently, the 
inspection interval must be reduced accordingly in order to meet the 
predicted life of the fail-safe lug. The FAA is proposing this AD to 
address potential failure of the LEAP-1A aft engine mount waiting fail-
safe male lug, which could lead to engine mount rupture, possibly 
resulting in engine loss during flight and loss of control of the 
airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0089 specifies procedures for repetitive detailed 
inspections (DET) for discrepancies of the aft engine mount and 
secondary load path clearance fail-safe pin for each engine, and 
replacement of any engine with discrepant findings on the secondary 
load path clearance check.
    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 2022-0089 described previously, except for any differences 
identified as exceptions in the regulatory text 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 2022-0089 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0089 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 2022-0089 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-
0089. Service information required by EASA AD 2022-0089 for compliance 
will be available at regulations.gov by searching for and locating 
Docket No. FAA-2022-1155 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 156 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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               Labor cost                  Parts cost         Cost per product         Cost on U.S.  operators
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Up to 4 work-hours x $85 per hour =                  $0  Up to $340...............  Up to $53,040
 $340.
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[[Page 55739]]

    The FAA estimates that it would take 64 work-hours (at $85 per 
work-hour) to replace an engine, if required based on the results of 
any required actions. The FAA has received no definitive data on which 
to base the estimate for the cost of a replacement engine or any 
necessary additional on-condition actions that would be required by 
this proposed AD. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions.

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 adding the following new airworthiness 
directive:

Airbus SAS: Docket No. FAA-2022-1155; Project Identifier MCAI-2022-
00655-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 27, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A321-251N, A321-251NX, 
A321-252N, A321-252NX, A321-253N, and A321-253NX airplanes, 
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Unsafe Condition

    This AD was prompted by a stress analysis on the engine 
structure that indicated that the fail-safe lug may not be able to 
sustain, during one inspection interval, as currently specified in 
airworthiness limitation item (ALI) task 712232-01-1, the loads 
deriving from the engagement of the secondary load path within that 
inspection interval for the aft engine mount system. The FAA is 
issuing this AD to address potential failure of the LEAP-1A aft 
engine mount waiting fail-safe male lug, which could lead to engine 
mount rupture, possibly resulting in engine loss during flight and 
loss of control of the airplane.

(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 
2022-0089, dated May 17, 2022 (EASA AD 2022-0089).

(h) Exceptions to EASA AD 2022-0089

    (1) Where paragraph (3) of EASA AD 2022-0089 specifies 
corrective action if ``discrepancies are detected, as defined in the 
SB,'' for purposes of this AD, discrepancies include a fail safe pin 
that does not rotate freely, or has damage (dents, scratches, nicks, 
corrosion, or cracks).
    (2) The ``Remarks'' section of EASA AD 2022-0089 does not apply 
to this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 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 (j)(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.

(j) Related Information

    (1) For EASA AD 2022-0089, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet easa.europa.eu. You may find this EASA 
AD on the EASA website atad.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-2022-1155.
    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198; 
telephone and fax 206-231-3225; email [email protected].

    Issued on September 2, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-19442 Filed 9-9-22; 8:45 am]
BILLING CODE 4910-13-P