Rule2022-03730
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
February 23, 2022
Effective
March 30, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting 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 Model A320 and A321 series airplanes. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires 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 incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 36 (Wednesday, February 23, 2022)</title>
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[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Rules and Regulations]
[Pages 10064-10067]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03730]
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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;
Amendment 39-21944; AD 2022-04-03]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting 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
Model A320 and A321 series airplanes. This AD was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. This AD requires 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 incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective March 30, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 30,
2022.
ADDRESSES: For material 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#7f3e3b0c3f1a1e0c1e511a0a0d100f1e511a0a"><span class="__cf_email__" data-cfemail="6f2e2b1c2f0a0e1c0e410a1a1d001f0e410a1a">[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 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2021-0682.
[[Page 10065]]
Examining the AD Docket
You may examine the AD docket 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 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.
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#c6b5a7a8aca7bfe8b4a7aaaea7a886a0a7a7e8a1a9b0"><span class="__cf_email__" data-cfemail="8cffede2e6edf5a2feede0e4ede2cceaededa2ebe3fa">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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 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 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 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.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A318 series airplanes; Model A319-111, -112, -113, -114, -115, -
131, -132, -133, -151N, and -153N airplanes; and Model A320 and A321
series airplanes. The NPRM published in the Federal Register on August
19, 2021 (86 FR 46626). The NPRM was prompted by a determination that
new or more restrictive airworthiness limitations are necessary. The
NPRM proposed to require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, as specified in EASA AD 2021-
0108.
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. See the MCAI for additional background
information.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Delta Airlines (DAL). The following
presents the comments received on the NPRM and the FAA's response to
each comment.
Request To Review the Code of Federal Regulations (CFRs)
DAL requested that the FAA review the CFRs to possibly revise it in
order to make the airworthiness limitations section (ALS) and
airworthiness limitations (AWL) incorporations simpler (no ADs) for
commercial airplanes. DAL commented that the FAA and operators would
not have to produce as much paperwork for ADs and alternative methods
of compliance (AMOCs). DAL also commented that revising the CFR that
would mandate operators to incorporate the latest approved revision or
variation in a certain number of months after the revision or variation
is published regardless of taking on new airplanes.
DAL stated that the initial compliance time for doing the tasks
specified in the ALS or AWL is at the applicable ``thresholds'' of the
ALS, or within a certain number of months after the revision or
variation is published, whichever occurs later (similar to the typical
language used in ALS ADs and paragraph (h)(4) of this proposed AD). DAL
also stated that this would reduce the amount of confusion for
operators to determine if an AMOC is needed, simplify and standardize
the incorporation of AWLs, and allow operators to address these safety
concerns faster (this ALS variation was published more than nine months
ago). DAL commented that AD 2021-16-01 was published one week after
this proposed AD and most operators would have preferred to see these
ADs combined into one in order to reduce the number of ALS ADs.
While the FAA understands the commenter's concern, the current CFR
requires incorporating the latest ALS included in the type design of
the airplane, such as 14 CFR 91.403(c) and 91.409(e). ADs are the only
viable method to mitigate risk identified in a product when its type
design did not require incorporation of the latest ALS document, as
applicable, by mandating subsequent ALS revisions or variations at the
applicable thresholds. The FAA's regulatory requirements are
promulgated via notice-and-comment rulemaking as required by the
Administrative Procedure Act (APA), and the public can petition for
rulemaking pursuant to 14 CFR part 11.
Also, the FAA determined that combining the requirements of AD
2021-16-01 with the requirements in this AD would have resulted in the
FAA issuing a supplemental NPRM in order to give notice and allow for
public comment on the additional requirements. In the interest of
safety to address the unsafe condition specified in AD 2021-16-01, the
FAA determined AD 2021-16-01 should not be delayed. The FAA has not
changed this AD in this regard.
Request for Clarification of Later Approved Revisions
DAL requested clarification of paragraph (i) of the proposed AD,
which allows alternative actions and intervals if they are approved in
the ``Ref. Publications'' paragraph of EASA AD 2021-0108. DAL asked the
following questions.
<bullet> Are later approved revisions of Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS) Part 3, Certification
Maintenance Requirement (CMR), Variation 7.3, dated December 9, 2020,
referring to Variation 7.4 or Variation 7.5 (or Variation 7.3 Revision
02)?
<bullet> If the technical content of the tasks is modified at a
later approved variation or revision, does paragraph (i) of the
[[Page 10066]]
proposed AD give operators approval to incorporate these later approved
variations or revisions? Or is the statement regarding ``technical
content'' only, giving approval to incorporate a later approved
variation or revision if the technical content has not changed?
The FAA agrees to clarify. Operators may not revise their existing
maintenance or inspection programs after incorporating Airbus A318/
A319/A320/A321 Airworthiness Limitations Section (ALS) Part 3,
Certification Maintenance Requirement (CMR), Variation 7.3, dated
December 9, 2020, unless they are incorporating a future variation or
revision of the ALS document that includes the tasks identified in the
variation specified in EASA AD 2021-0108. The future variation or
revision of the variation should incorporate the same technical content
as specified in EASA AD 2021-0108. The FAA has not changed this AD in
this regard.
Request To Delete the Terminating Action for Certain Requirements
DAL requested that the FAA remove AD 2020-22-16 as an affected AD
in paragraph (b) of the proposed AD and as a terminating action in
paragraph (j) of the proposed AD. DAL stated that, technically, those
paragraphs are not needed because paragraph (k) of AD 2020-22-16 allows
alternative actions and intervals if they are approved in the ``Ref.
Publications'' paragraph of EASA AD 2020-0067. DAL commented that the
``Ref. Publications'' paragraph of EASA AD 2020-0067 specifies the use
of later approved variations or revisions of Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS) Part 3, Certification
Maintenance Requirement (CMR), Revision 07, dated October 11, 2019; and
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part
3, Certification Maintenance Requirement (CMR), Revision 07, Issue 2,
dated January 17, 2020; as acceptable for compliance with the
requirements of EASA AD 2020-0067. DAL commented that Airbus A318/A319/
A320/A321 Airworthiness Limitations Section (ALS) Part 3, Certification
Maintenance Requirement (CMR), Variation 7.3, dated December 9, 2020,
is a later approved variation.
The FAA disagrees with removing AD 2020-22-16 as an affected AD and
as a terminating action to this AD. Paragraph (j) of this AD is
necessary because it allows operators to not have conflicting
requirements for Task 262300-00001-1-C from previous versions or
revisions of A318/A319/A320/A321 Airworthiness Limitations Section
(ALS) Part 3, Certification Maintenance Requirement (CMR) and its
corresponding replacement task in A318/A319/A320/A321 Airworthiness
Limitations Section (ALS) Part 3, Certification Maintenance Requirement
(CMR), Variation 7.3, dated December 9, 2020. Allowance for
incorporation of future revisions of an ALS document is not mandatory,
but an optional requirement under applicable conditions. The FAA has
not changed this AD in this regard.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety requires adopting this AD as
proposed. 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. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these products.
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.
Costs of Compliance
The FAA estimates that this AD affects 1,728 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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 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 adding the following new airworthiness
directive:
2022-04-03 Airbus SAS: Amendment 39-21944; Docket No. FAA-2021-0682;
Project Identifier MCAI-2021-00474-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 30, 2022.
[[Page 10067]]
(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) Additional AD Provisions
(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) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#0a33274b5c59274b4358273d393a274b4745494a6c6b6b246d657c"><span class="__cf_email__" data-cfemail="ecd5c1adbabfc1ada5bec1dbdfdcc1ada1a3afac8a8d8dc28b839a">[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 existing
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.
(l) Related Information
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#dcafbdb2b6bda5f2aebdb0b4bdb29cbabdbdf2bbb3aa"><span class="__cf_email__" data-cfemail="dba8bab5b1baa2f5a9bab7b3bab59bbdbabaf5bcb4ad">[email protected]</span></a>.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 2021-0108,
dated April 20, 2021.
(ii) [Reserved]
(3) For 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#e9a8ad9aa98c889a88c78c9c9b869988c78c9c"><span class="__cf_email__" data-cfemail="1455506754717567753a7161667b64753a7161">[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>.
(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
<a href="/cdn-cgi/l/email-protection#2046520e494e5350454354494f4e604e4152410e474f56"><span class="__cf_email__" data-cfemail="3452461a5d5a47445157405d5b5a745a5546551a535b42">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on February 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-03730 Filed 2-22-22; 8:45 am]
BILLING CODE 4910-13-P
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