[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Proposed Rules]
[Pages 55123-55126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14438]



[[Page 55123]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1702; Project Identifier MCAI-2024-00067-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) 
2021-25-14, which applies to all Airbus SAS 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 2021-25-14 requires 
repetitive inspections for cracking at the wing manhole access panel 
attachment holes at certain wing skin panels, and corrective action if 
necessary. Since the FAA issued AD 2021-25-14, new investigation 
results identified that the applicability of these inspections must be 
expanded to all airplanes in an affected configuration, and the 
associated compliance time must be adapted to these respective 
configurations. In addition, further investigation results found that 
the post-repair inspection program tasks in accordance with the 
Structural Repair Manual for the affected area were inadequate. This 
proposed AD would continue to require the actions in AD 2021-25-14 and 
would require expanding the applicability to include New Engine Option 
(NEO) airplanes and accomplishment of the required actions within 
updated compliance times, as applicable to airplane configuration, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference (IBR). 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 August 19, 
2024.

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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-1702; 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.
    Material Incorporated by Reference:
     For the EASA ADs identified in this NPRM, 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. It is also 
available at regulations.gov under Docket No. FAA-2024-1702.
     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.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 817-222-5102; 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-2024-1702; Project Identifier 
MCAI-2024-00067-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 
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; phone: 817-222-5102; 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 2021-25-14, Amendment 39-21858 (86 FR 72171, 
December 21, 2021) (AD 2021-25-14), for all Airbus SAS 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 2021-25-14 
was prompted by an MCAI originated by EASA, which is the Technical 
Agent for the Member States of the European Union. EASA issued AD 2021-
0256, dated November 16, 2021, to correct an unsafe condition.
    AD 2021-25-14 requires repetitive inspections at the wing manhole 
access panel attachment holes at certain wing skin panels on airplanes 
with Sharklets or its structural reinforcements installed for cracking 
of the area, and corrective action if necessary. The FAA issued AD 
2021-25-14 to address this condition, which could lead to crack 
propagation, possibly resulting in the reduced structural integrity of 
the wings.

Actions Since AD 2021-25-14 Was Issued

    Since the FAA issued AD 2021-25-14, EASA superseded EASA AD 2021-

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0256 and issued EASA AD 2024-0027, dated January 25, 2024 (EASA AD 
2024-0027) (also referred to as the MCAI), to correct an unsafe 
condition for all Airbus SAS 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 A321-211, -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 
proposed AD therefore does not include those airplanes in the 
applicability. Additionally, Airbus SAS Model A321-100 series airplanes 
were inadvertently included in EASA AD 2021-0256, and also in 
corresponding AD 2021-25-14, despite the Sharklet device not being 
installed on these airplanes. This AD affects airplanes that have the 
Sharklet device installed. Therefore, Model A321-100 series airplanes 
should not have been included in EASA AD 2021-0256 and was corrected 
with the issuance of EASA AD 2024-0027, and therefore not included in 
the applicability of this proposed AD. The MCAI states new 
investigation results highlighted that these inspections must be 
applied to all models of A319, A320 and A321 airplanes in an affected 
configuration, and the associated compliance time must be adapted to 
these configurations. It has been determined that fatigue cracking may 
occur in affected areas on airplanes having Sharklets installed during 
production or in service. This condition, if not detected and 
corrected, could lead to crack initiation and propagation, possibly 
resulting in reduced structural integrity of the wings.
    The FAA is proposing this AD to address the unsafe condition on 
these products. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2024-1702.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2021-25-14, this proposed AD would retain all of the 
requirements of AD 2021-25-14. Those requirements are referenced in 
EASA AD 2024-0027, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2024-0027 specifies procedures for repetitive detailed 
visual inspections of the affected areas, and applicable corrective 
actions. 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 this 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 retain all requirements of AD 2021-25-14. 
This proposed AD would require accomplishing the actions specified in 
EASA AD 2024-0027 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 2024-0027 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2024-0027 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 2024-0027 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 2024-
0027. Service information required by EASA AD 2024-0027 for compliance 
will be available at regulations.gov under Docket No. FAA-2024-1702 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,650 airplanes of U.S. registry. The FAA estimates the 
following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                Cost per
                 Labor cost                    Parts cost        product            Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
14 work-hours x $85 per hour = $1,190......              $0          $1,190  $1,963,500 per inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this proposed AD.

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

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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) 2021-25-14, Amendment 39-21858 
(86 FR 72171, December 21, 2021); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2024-1702; Project Identifier MCAI-2024-
00067-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 19, 2024.

(b) Affected ADs

    This AD replaces AD 2021-25-14, Amendment 39-21858 (86 FR 72171, 
December 21, 2021) (AD 2021-25-14).

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (3) of this AD and certificated in any 
category.
    (1) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (2) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, -273N airplanes.
    (3) Model A321-211, -212, -213, -231, -232, -251N, -251NX, -
252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by new investigation results that 
identified that these inspections must be applied to all models of 
A319, A320 and A321 airplanes in an affected configuration, and the 
associated compliance time must be adapted to these configurations. 
The FAA is issuing this AD to address fatigue cracking that may 
occur in affected areas on airplanes having Sharklets installed 
during production or in service. The unsafe condition, if not 
addressed, could result in crack initiation and propagation, 
possibly resulting in reduced structural integrity of the wings.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2024-0027, dated January 25, 2024 (EASA AD 2024-0027).

 (h) Exceptions to EASA AD 2024-0027

    (1) Where EASA AD 2024-0027 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (2) of EASA AD 2024-0027 specifies ``if, 
during any inspection as required by paragraph (1) of this AD, any 
discrepancy is detected as defined in the [Airbus Alert Operators 
Transmission] AOT, before next flight, contact Airbus for approved 
repair instructions and, within the compliance time specified 
therein, accomplish those instructions accordingly,'' this AD 
requires replacing that text with ``if any cracking is detected, the 
cracking must be repaired before further flight 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) This AD does not adopt paragraph (4) of EASA AD 2024-0027.
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0027.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2024-0027 
specifies to submit certain information [and send removed parts] 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 manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (k) 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 2021-25-14 are approved as AMOCs for the 
corresponding provisions of EASA AD 2024-0027 that are required by 
paragraph (g) 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.
    (3) Required for Compliance (RC): Except as required by 
paragraphs (i) and (j)(2) of this AD, if any service information 
referenced in EASA AD 2024-0027 that contains paragraphs that are 
labeled as RC, the instructions in RC paragraphs, including 
subparagraphs under an RC paragraph, must be done to comply with 
this AD; any paragraphs, including subparagraphs under those 
paragraphs, that are not identified as RC are recommended. The 
instructions in paragraphs, including subparagraphs under those 
paragraphs, 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 
instructions identified as RC can be done and the airplane can be 
put back in an airworthy condition. Any substitutions or changes to 
instructions identified as RC require approval of an AMOC.

(k) Additional Information

    For more information about this AD, contact Timothy Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 817-222-5102; 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 2024-0027, 
dated January 25, 2024.
    (ii) [Reserved]
    (3) For EASA AD 2024-0027, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find these EASA 
ADs on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational

[[Page 55126]]

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 at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations, or email [email protected].

    Issued on June 25, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-14438 Filed 7-2-24; 8:45 am]
BILLING CODE 4910-13-P