Proposed Rule2021-27288
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
December 21, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2018-09-09, which applies to certain Airbus Model A318 series airplanes and Model A319 series airplanes; all Model A320-211, -212, -214, -216, -231, -232, and -233 airplanes; and all Model A321-111, -112, -131, - 211, -212, -213, -231, and -232 airplanes. AD 2018-09-09 requires modifying the holes of the upper cleat to upper stringer attachments at certain areas of the left-and right-hand wings. Since the FAA issued AD 2018-09-09, additional affected configurations were identified and, for certain airplanes, it was determined that additional modification work and revised compliance times are necessary. This proposed AD would retain the requirements of AD 2018-09-09 and add airplanes, require different compliance times for certain airplane configurations, and, for certain airplanes, require additional modifications or reduce compliance times, 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 242 (Tuesday, December 21, 2021)</title>
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[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Proposed Rules]
[Pages 72195-72198]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27288]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 /
Proposed Rules
[[Page 72195]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-1063; Project Identifier MCAI-2021-00826-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)
2018-09-09, which applies to certain Airbus Model A318 series airplanes
and Model A319 series airplanes; all Model A320-211, -212, -214, -216,
-231, -232, and -233 airplanes; and all Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes. AD 2018-09-09 requires
modifying the holes of the upper cleat to upper stringer attachments at
certain areas of the left-and right-hand wings. Since the FAA issued AD
2018-09-09, additional affected configurations were identified and, for
certain airplanes, it was determined that additional modification work
and revised compliance times are necessary. This proposed AD would
retain the requirements of AD 2018-09-09 and add airplanes, require
different compliance times for certain airplane configurations, and,
for certain airplanes, require additional modifications or reduce
compliance times, 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 February 4,
2022.
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For EASA material that will be incorporated by reference (IBR) in
this AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#8bcacff8cbeeeaf8eaa5eefef9e4fbeaa5eefe"><span class="__cf_email__" data-cfemail="f6b7b285b693978597d8938384998697d89383">[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-2021-1063.
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-
1063; 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. Comments will be
available in the AD docket shortly after receipt.
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#93e0f2fdf9f2eabde1f2fffbf2fdd3f5f2f2bdf4fce5"><span class="__cf_email__" data-cfemail="7d0e1c13171c04530f1c11151c133d1b1c1c531a120b">[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-2021-1063; Project Identifier
MCAI-2021-00826-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#463527282c273f6834272a2e27280620272768212930"><span class="__cf_email__" data-cfemail="ed9e8c83878c94c39f8c81858c83ad8b8c8cc38a829b">[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.
[[Page 72196]]
Discussion
The FAA issued AD 2018-09-09, Amendment 39-19266 (83 FR 19925, May
7, 2018; corrected May 15, 2018 (83 FR 22354)) (AD 2018-09-09), which
applies to certain Airbus Model A318 series airplanes and Model A319
series airplanes; all Model A320-211, -212, -214, -216, -231, -232, and
-233 airplanes; and all Model A321-111, -112, -131, -211, -212, -213, -
231, and -232 airplanes. AD 2018-09-09 requires modifying the holes of
the upper cleat to upper stringer attachments at certain areas of the
left- and right-hand wings. The FAA issued AD 2018-09-09 to prevent
fatigue cracking in the stringer attachment holes of the wings, which
could result in reduced structural integrity of the wings.
Actions Since AD 2018-09-09 Was Issued
Since the FAA issued AD 2018-09-09, additional affected
configurations were identified to be subject to this widespread fatigue
damage and, for certain airplanes, it was determined that additional
modification work or revised compliance times are necessary.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0167, dated July 14, 2021 (EASA
AD 2021-0167) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain 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, -215, -216, -231, -232, and -233 airplanes;
and Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes. EASA AD 2021-0167 supersedes EASA AD 2017-0117, dated July
7, 2017 (which corresponds to FAA AD 2018-09-09). 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.
This proposed AD was prompted by a report indicating that
additional affected configurations were identified to be subject to
widespread fatigue damage and, for certain airplanes, it was determined
that additional modification work (such as, for certain configurations,
oversizing certain additional holes, replacing a certain fastener with
a corrosion-resistant fastener, or cleat refit and sealant procedure)
or revised compliance times are necessary. The FAA is proposing this AD
to prevent fatigue cracking in the stringer attachment holes of the
wings, which could result in reduced structural integrity of the wings.
See the MCAI for additional background information.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2018-09-09, this proposed AD would retain all of the
requirements of AD 2018-09-09. Those requirements are referenced in
EASA AD 2021-0167, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0167 describes procedures for modifying the stringer
attachments at rib 2 through rib 7 of the left- and right-hand wings.
The modification includes oversizing the holes, doing an eddy current
inspection of the affected holes for damage, and repairing damage. EASA
AD 2021-0167 also specifies additional work for airplanes on which the
modification actions were accomplished using certain service
information. 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
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 accomplishing the actions specified
in EASA AD 2021-0167 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this 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 2021-0167 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0167 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 2021-0167 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-
0167. Service information required by EASA AD 2021-0167 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-2021-1063 after the FAA final rule is
published.
Explanation of Compliance Time
The compliance time for the modification specified in this proposed
AD for addressing WFD was established to ensure that discrepant
structure is modified before WFD develops in airplanes. Standard
inspection techniques cannot be relied on to detect WFD before it
becomes a hazard to flight. The FAA will not grant any extensions of
the compliance time to complete any AD-mandated service bulletin
related to WFD without extensive new data that would substantiate and
clearly warrant such an extension.
Costs of Compliance
The FAA estimates that this proposed AD affects 1,446 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 72197]]
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2018-09- 125 work-hours x $85 $26,260 $36,885 $41,901,360 (1,136
09. per hour = $10,625. airplanes).
New proposed actions.............. 125 work-hours x $85 1,520 12,145 17,561,670.
per hour = $10,625.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions or the additional work for
certain previously modified airplanes, as 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
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) 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 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) 2018-09-09, Amendment 39-19266
(83 FR 19925, May 7, 2018; corrected May 15, 2018 (83 FR 22354)); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2021-1063; Project Identifier MCAI-2021-
00826-T.
(a) Comments Due Date
The FAA must receive comments by February 4, 2022.
(b) Affected Airworthiness Directives (ADs)
This AD replaces AD 2018-09-09, Amendment 39-19266 (83 FR 19925,
May 7, 2018; corrected May 15, 2018 (83 FR 22354)).
(c) Applicability
This AD applies to Airbus SAS airplanes identified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2021-
0167, dated July 14, 2021 (EASA AD 2021-0167).
(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) Reason
This AD was prompted by a report that additional affected
configurations were identified to be subject to widespread fatigue
damage at certain stringer attachments and, for certain airplanes,
it was determined that additional modification work is necessary.
The FAA is issuing this AD to prevent fatigue cracking in the
stringer attachment holes of the wings, which could result 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 paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0167.
(h) Exceptions to EASA AD 2021-0167
(1) Where EASA AD 2021-0167 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2021-0167 does not apply
to this AD.
(i) 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 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: <a href="/cdn-cgi/l/email-protection#21180c6077720c6068730c1612110c606c6e62614740400f464e57"><span class="__cf_email__" data-cfemail="50697d1106037d1119027d6763607d111d1f13103631317e373f26">[email protected]</span></a>.
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.
(3) Required for Compliance (RC): For any service information
referenced in EASA AD 2021-0167 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
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
[[Page 72198]]
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.
(j) Related Information
(1) For information about EASA AD 2021-0167, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#bafbfec9fadfdbc9db94dfcfc8d5cadb94dfcf"><span class="__cf_email__" data-cfemail="7534310635101406145b1000071a05145b1000">[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-
2021-1063.
(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#3546545b5f544c1b4754595d545b755354541b525a43"><span class="__cf_email__" data-cfemail="770416191d160e5905161b1f16193711161659101801">[email protected]</span></a>.
Issued on December 3, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-27288 Filed 12-20-21; 8:45 am]
BILLING CODE 4910-13-P
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