[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Rules and Regulations]
[Pages 76407-76410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27017]


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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; 
Amendment 39-22253; AD 2022-24-13]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-22-
04, which applied 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 required 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 required 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. This AD was prompted by the issuance of an updated list of 
suspected parts, including those that may have been improperly heat 
treated. This AD continues to require the actions in AD 2021-22-04, and 
requires using an updated list of suspected parts, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is incorporated 
by reference. This AD also limits the installation of affected parts. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective January 18, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 18, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
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 final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     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]; website easa.europa.eu. You 
may find this IBR 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 under Docket No. FAA-2022-0471.

FOR FURTHER INFORMATION CONTACT: Hye Yoon Jang, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 817-222-5584; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-22-04, Amendment 39-21777 (86 FR 
64801, November 19, 2021) (AD 2021-22-04). AD 2021-22-04 applied 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. 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.

[[Page 76408]]

    The NPRM published in the Federal Register on May 5, 2022 (87 FR 
26702). The NPRM was prompted by AD 2021-0229, dated November 5, 2021, 
issued by EASA (EASA AD 2021-0229) (referred to after this as the 
MCAI). The MCAI states that a quality control review determined that 
the wrong aluminum alloy was used to manufacture several structural 
parts. The MCAI also states that an updated list of suspected parts, 
including those that may have been improperly heat treated, has been 
issued.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2021-22-04, and to require using an updated list of suspected parts, 
as specified in EASA AD 2021-0229. The NPRM also proposed to limit the 
installation of affected parts. 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. See the MCAI for additional background 
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from United Airlines who supported the 
NPRM without change.
    The FAA received additional comments from one commenter, Delta Air 
Lines (DAL). The following presents the comments received on the NPRM 
and the FAA's response to each comment.

Request for Clarification on Parts Installation Limitation

    DAL requested that the FAA clarify if the exception for the parts 
installation limitation stated in paragraph (h)(4) of the proposed AD 
should be used in lieu of or in addition to the parts installation 
limitation language in paragraphs (6) and (7) of EASA AD 2021-0229. DAL 
explained that paragraph (h)(4) of the proposed AD is an exception to 
the requirements of paragraphs (6) and (7) of EASA AD 2021-0229, which 
mandate a parts installation limitation for affected outer flaps and 
flap tabs. DAL reasoned that the language in paragraph (h)(4) of the 
proposed AD could be confusing for operators because it does not 
specify whether the parts installation limitation should be used in 
lieu of or in addition to paragraphs (6) and (7) of EASA AD 2021-0229. 
DAL explained that because paragraphs (6) and (7) of EASA AD 2021-0229 
mandate parts installation limitations, it interprets the exception in 
paragraph (h)(4) of the proposed AD is intended to be used in lieu of 
paragraphs (6) and (7) of EASA AD 2021-0229. DAL requested confirmation 
of this interpretation and, if necessary, a revision of the verbiage in 
paragraph (h)(4) of the proposed AD.
    The FAA agrees to clarify. Paragraph (g) of this AD states that 
operators must comply with all required actions and compliance times 
specified in, and in accordance with, EASA AD 2021-0229 except as 
specified in paragraph (h) of this AD. Paragraph (h)(4) of this AD 
specifies the exception regarding parts installation limitations and is 
intended to be used in lieu of the parts installation limitations 
specified in paragraphs (6) and (7) of EASA AD 2021-0229. The FAA has 
not changed the AD in this regard.

Request for a New Exception and a New Definition for Suspected Parts

    DAL requested that the FAA modify paragraph (h) of the proposed AD 
to include a new exception to EASA AD 2021-0229 that allows operators 
to use the part manufacturing date when determining whether a part is a 
``serviceable part,'' a ``suspected improper heat treatment (IHT) 
part,'' or a ``suspected wrong material (WM) part,'' as defined in EASA 
AD 2021-0229.
    DAL explained that in EASA AD 2021-0229, the definitions of 
``suspected IHT part'' and ``suspected WM part'' are based on an 
operator's ability to positively identify the serial number of the 
outer flaps and flap tabs. DAL added that, per these definitions, if a 
serial number cannot be identified, the part is considered suspect and 
is subject to all ``Group 1'' requirements. DAL pointed out that 
paragraph (4) of EASA AD 2021-0229 allows operators to exclude 
airplanes from the requirements of paragraph (1) of EASA AD 2021-0229 
if the following criteria is met:
     Airplane manufacturer serial number is NOT listed in 
Appendix 1 or 2 of EASA AD 2021-0229.
     It has been determined through use of airplane delivery 
and/or maintenance records that no suspected IHT or WM part is 
installed on that airplane, provided the serial number of the part can 
be positively identified.
    DAL added that paragraph (4) of EASA AD 2021-0229, like the 
definitions of ``suspected IHT part'' and ``suspected WM part,'' is 
based on an operator's ability to positively identify the serial number 
of the outer flaps and flap tabs.
    DAL reasoned that flap tab serial number data is not available in 
the airplane delivery records, so positive serial number identification 
cannot be completed without reviewing the physical data plate of the 
part. DAL noted that it is in the process of inspecting the flap tab 
data plates to collect this information and has found that while in-
service, the condition of the flap tab data plates (specifying serial 
numbers) has degraded such that the serial number cannot be positively 
identified. DAL noted that, in its experience, the part's date of 
manufacture is specified on the data plate and it stated that Airbus 
has confirmed that this correlates to the ``reference date'' column in 
Appendices 1 and 2 of EASA AD 2021-0229. DAL explained that in some 
instances where the part serial number cannot be positively identified, 
the part date of manufacture can be positively identified.
    DAL noted that the ``Reason'' paragraph of EASA AD 2021-0229 states 
``From February 2013, Airbus implemented measures into the 
manufacturing processes to ensure detection and prevention of 
installation of improperly heat-treated parts or parts manufactured 
with wrong material.'' Because of this, DAL stated that it believes 
that any part manufactured after February 2013 cannot be a ``suspected 
part'' since the manufacturing problem was resolved after this date. 
DAL reasoned that this aligns with Appendix 1 and 2 of EASA AD 2021-
0229 ``reference dates'' (which correlate to the part's date of 
manufacture), where the latest date from either the suspected IHT part 
or suspected WM part is June 26, 2013. DAL stated that it believes that 
parts meeting the following criteria should not be considered a 
``suspect (IHT or WM) part'':
     The serial number cannot be positively identified, but the 
date of manufacture is positively identified.
     The date of manufacture is NOT included in Appendix 1 or 2 
of EASA AD 2021-0229 in the ``reference date'' column.
    DAL proposed a revision to the proposed AD to allow using the date 
of manufacture to identify suspected parts and to revise the credit 
specified in paragraph (4) of EASA AD 2021-0229 to include a similar 
provision.
    The FAA does not agree with the commenter's request. EASA, as the 
state of design authority, does not provide a provision for using the 
date of manufacturer for identification of suspected part. The 
commenter did not provide adequate supporting documentation to justify 
its request. However, under the provisions of paragraph (j)(1) of this 
AD, the FAA will consider requests for approval of an

[[Page 76409]]

alternative method to identify suspected parts if sufficient data are 
submitted to substantiate that the proposal would provide an acceptable 
level of safety. The FAA has not changed this AD in this regard.

Conclusion

    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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data, considered the 
comments received, and determined that air safety requires adopting 
this AD as proposed. Accordingly, the FAA is issuing this AD to address 
the unsafe condition on these products. Except for minor editorial 
changes, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator.

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.

Costs of Compliance

    The FAA estimates that this AD affects 63 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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 AD.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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

2022-24-13 Airbus SAS: Amendment 39-22253; Docket No. FAA-2022-0471; 
Project Identifier MCAI-2021-01219-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 18, 2023.

(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.

[[Page 76410]]

(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 
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.
    (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 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 (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, 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 Hye Yoon Jang, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 817-222-5584; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 2021-0229, 
dated November 5, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0229, 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 at 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-27017 Filed 12-13-22; 8:45 am]
BILLING CODE 4910-13-P