Proposed Rule2021-17679
Airworthiness Directives; Airbus SAS Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 19, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A318 series airplanes; Model A319-111, - 112, -113, -114, -115, -131, -132, -133, -151N, and -153N airplanes; and Models A320 and A321 series airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate 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.
Full Text
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<title>Federal Register, Volume 86 Issue 158 (Thursday, August 19, 2021)</title>
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[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Proposed Rules]
[Pages 46626-46629]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17679]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0682; Project Identifier MCAI-2021-00474-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 certain Airbus SAS Model A318 series airplanes; Model A319-111, -
112, -113, -114, -115, -131, -132, -133, -151N, and -153N airplanes;
and Models A320 and A321 series airplanes. This proposed AD was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. This proposed AD would require revising the
existing maintenance or inspection program, as applicable, to
incorporate 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 4,
2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="/cdn-cgi/l/email-protection#96d7d2e5d6f3f7e5f7b8f3e3e4f9e6f7b8f3e3"><span class="__cf_email__" data-cfemail="a5e4e1d6e5c0c4d6c48bc0d0d7cad5c48bc0d0">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. You may view this IBR 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 on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0682.
Examining the AD Docket
You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0682; 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, any comments received, and other information. The street
address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223;
email <a href="/cdn-cgi/l/email-protection#95e6f4fbfff4ecbbe7f4f9fdf4fbd5f3f4f4bbf2fae3"><span class="__cf_email__" data-cfemail="ef9c8e81858e96c19d8e83878e81af898e8ec1888099">[email protected]</span></a>.
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-2021-0682; Project Identifier
MCAI-2021-00474-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
the 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.
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
Sanjay Ralhan, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax 206-231-3223; email <a href="/cdn-cgi/l/email-protection#99eaf8f7f3f8e0b7ebf8f5f1f8f7d9fff8f8b7fef6ef"><span class="__cf_email__" data-cfemail="abd8cac5c1cad285d9cac7c3cac5ebcdcaca85ccc4dd">[email protected]</span></a>.
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 2021-0108, dated April 20, 2021
(EASA AD 2021-0108) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A318-111, -112, -121, and -122 airplanes;
Model A319-111, -112, -113, -114, -115, -131, -132, -133, -151N, and -
153N 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
[[Page 46627]]
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 December 9, 2020 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.
EASA AD 2021-0108 specifies that it requires a task (limitation)
already required by EASA AD 2020-0067 (which corresponds to FAA AD
2020-22-16, Amendment 39-21312 (85 FR 70439, November 5, 2020) (AD
2020-22-16)) and invalidates (terminates) prior instructions for that
task. This proposed AD would terminate the limitations of Task 262300-
00001-1-C, as required by paragraph (i) of AD 2020-22-16, for airplanes
with an original airworthiness certificate or original export
certificate of airworthiness issued on or before January 17, 2020 only.
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 a safety-significant latent failure (that
is not annunciated), which, in combination with one or more other
specific failures or events, could result in a hazardous or
catastrophic failure condition. See the MCAI for additional background
information.
Related Service information Under 1 CFR Part 51
EASA AD 2021-0108 describes new or more restrictive airworthiness
limitations for certification maintenance requirements. 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 and Requirements of This Proposed AD
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,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA has
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Proposed AD Requirements
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, which are specified in EASA AD
2021-0108 described previously, as incorporated by reference. Any
differences with EASA AD 2021-0108 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 according to paragraph
(k)(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 2021-0108 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0108 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 2021-0108 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-
0108. Service information required by EASA AD 2021-0108 for compliance
will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2021-0682 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 alternative method of compliance (AMOC) in
accordance with the procedures specified in the AMOCs paragraph under
``Other 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 1,728 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
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. Therefore, the agency estimates the average total cost per
operator 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
[[Page 46628]]
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 has 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-2021-0682; Project Identifier MCAI-2021-
00474-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 4, 2021.
(b) Affected ADs
This AD affects AD 2020-22-16, Amendment 39-21312 (85 FR 70439,
November 5, 2020) (AD 2020-22-16).
(c) Applicability
This AD applies to the Airbus SAS 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 December 9,
2020.
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -153N 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) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address a safety-significant latent failure (that
is not annunciated), which, in combination with one or more other
specific failures or events, could result in a hazardous or
catastrophic failure condition.
(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
2021-0108, dated April 20, 2021 (EASA AD 2021-0108).
(h) Exceptions to EASA AD 2021-0108
(1) Where EASA AD 2021-0108 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0108 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2021-0108 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 (3) of EASA 2021-0108 is at the applicable ``thresholds''
as incorporated by the requirements of paragraph (3) of EASA AD
2021-0108, or within 90 days after the effective date of this AD,
whichever occurs later.
(5) The provisions specified in paragraphs (4) of EASA AD 2021-
0108 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2021-0108 does not apply
to this AD.
(i) Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) 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 2021-0108.
(j) Terminating Action for Certain Requirements in AD 2020-22-16
Accomplishing the actions required by this AD terminates the
limitations of Task 262300-00001-1-C, as required by paragraph (i)
of AD 2020-22-16, for airplanes with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before January 17, 2020 only.
(k) Other FAA 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 local Flight
Standards District 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 (l)(2) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#3a03177b6c69177b7368170d090a177b7775797a5c5b5b145d554c"><span class="__cf_email__" data-cfemail="dde4f09c8b8ef09c948ff0eaeeedf09c90929e9dbbbcbcf3bab2ab">[email protected]</span></a>. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district 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 (k)(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
[[Page 46629]]
an airworthy condition. Any substitutions or changes to procedures
or tests identified as RC require approval of an AMOC.
(l) Related Information
(1) For information about EASA AD 2021-0108, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#b3f2f7c0f3d6d2c0d29dd6c6c1dcc3d29dd6c6"><span class="__cf_email__" data-cfemail="adece9deedc8ccdecc83c8d8dfc2ddcc83c8d8">[email protected]</span></a>; internet www.easa.europa.eu. You
may find this EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2021-0682.
(2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3223; email <a href="/cdn-cgi/l/email-protection#a0d3c1cecac1d98ed2c1ccc8c1cee0c6c1c18ec7cfd6"><span class="__cf_email__" data-cfemail="5023313e3a31297e22313c38313e103631317e373f26">[email protected]</span></a>.
Issued on August 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-17679 Filed 8-18-21; 8:45 am]
BILLING CODE 4910-13-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.