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Proposed Rule2022-07618

Airworthiness Directives; Airbus SAS Airplanes

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Published

April 11, 2022

Issuing agencies

Transportation DepartmentFederal Aviation Administration

Abstract

The FAA proposes to supersede Airworthiness Directive (AD) 2019-03-25, which applies to certain Airbus SAS Model A318 series airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model A320-211, -212, -214, -216, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2019-03-25 requires repetitive inspections of the center and outer wing box lower stiffeners and panels at a certain junction on the left- and right-hand sides for any cracking, and repair if necessary. AD 2019-03-25 also provides an optional modification, which would terminate the repetitive inspections. Since the FAA issued AD 2019-03-25, it has been determined that, for certain airplanes, the compliance time for the initial inspection is inadequate and must be revised. This proposed AD continues to require the actions specified in AD 2019-03-25 with revised compliance times for certain airplanes and additional actions for certain airplanes, and expands the applicability, as specified in a European 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 87 Issue 69 (Monday, April 11, 2022)</title>
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[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Proposed Rules]
[Pages 21044-21047]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07618]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0454; Project Identifier MCAI-2021-01124-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)
2019-03-25, which applies to certain Airbus SAS Model A318 series
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes; Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and
-232 airplanes. AD 2019-03-25 requires repetitive inspections of the
center and outer wing box lower stiffeners and panels at a certain
junction on the left- and right-hand sides for any cracking, and repair
if necessary. AD 2019-03-25 also provides an optional modification,
which would terminate the repetitive inspections. Since the FAA issued
AD 2019-03-25, it has been determined that, for certain airplanes, the
compliance time for the initial inspection is inadequate and must be
revised. This proposed AD continues to require the actions specified in
AD 2019-03-25 with revised compliance times for certain airplanes and
additional actions for certain airplanes, and expands the
applicability, as specified in a European 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 May 26,
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 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#1150556251747062703f7464637e61703f7464">[email&#160;protected]</a>; internet
www.easa.europa.eu. You may find this 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-2022-0454.

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-2022-0454; 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.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223;
email <a href="/cdn-cgi/l/email-protection#9ccaf0fdf8f5f1f5eeb2c9f0e5fdf2f3eadcfafdfdb2fbf3ea">[email&#160;protected]</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-2022-0454; Project Identifier
MCAI-2021-01124-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
<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 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
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone and fax

[[Page 21045]]

206-231-3223; email <a href="/cdn-cgi/l/email-protection#2c7a404d484541455e027940554d42435a6c4a4d4d024b435a">[email&#160;protected]</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

The FAA issued AD 2019-03-25, Amendment 39-19577 (84 FR 8805, March
12, 2019) (AD 2019-03-25), which applies to certain Airbus SAS Model
A318 series airplanes; Model A319-111, -112, -113, -114, -115, -131, -
132, and -133 airplanes; Model A320-211, -212, -214, -216, -231, -232,
and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -
231, and -232 airplanes. AD 2019-03-25 requires repetitive special
detailed inspections (SDIs) of the center and outer wing box lower
stiffeners and panels at a certain junction on the left- and right-hand
sides for any cracking, and repair if necessary. AD 2019-03-25 also
provides an optional modification, which would terminate the repetitive
inspections. The FAA issued AD 2019-03-25 to address the loss of pre-
tension in the fasteners, which could affect the structural integrity
of the airplane.

Actions Since AD 2019-03-25 Was Issued

Since the FAA issued AD 2019-03-25, it has been determined that,
for certain airplanes, the compliance time for the initial inspection
is inadequate and must be revised and additional actions are required.
Additionally, the applicability is expanded.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0228, dated October 12, 2021
(EASA AD 2021-0228) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A318 series 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. 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.
EASA AD 2021-0228 superseded EASA AD 2018-0218, dated October 11,
2018; corrected October 26, 2018 (which corresponds to FAA AD 2019-03-
25).
This proposed AD was prompted by a report that taperloks used in
the wing-to-fuselage junction at rib 1 were found to be noncompliant
with the applicable specification, resulting in a loss of pre-tension
in the fasteners; and a determination that, for certain airplanes, the
compliance time for the initial inspection is inadequate and must be
revised. The FAA is proposing this AD to address the loss of pre-
tension in the fasteners, which could affect the structural integrity
of the airplane. See the MCAI for additional background information.

Explanation of Retained Requirements

Although this proposed AD does not explicitly restate the
requirements of AD 2019-03-25, this proposed AD would retain the
requirements of AD 2019-03-25. Those requirements are referenced in
EASA AD 2021-0228, which, in turn, is referenced in paragraph (g) of
this proposed AD.

Related Service Information Under 1 CFR Part 51

EASA AD 2021-0228 specifies procedures for repetitive internal and
external SDIs (ultrasonic inspections) of the center and outer wing box
lower stiffeners and panels at the level of rib 1 junction on the left-
and right-hand sides for any cracking, and repair if necessary; and
additional actions (re-protection of the inspected area at the lower
panel at rib1 junction at the left- and right-hand sides) for airplanes
on which certain service information was used. EASA AD 2021-0228 also
specifies procedures for an optional modification, which would
terminate the repetitive inspections. 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

These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the 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 these same type designs.

Proposed AD Requirements in This NPRM

This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0228 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 2021-0228 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0228 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 2021-0228 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-
0228. Service information required by EASA AD 2021-0228 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-2022-0454 after the FAA final rule is
published.

Costs of Compliance

The FAA estimates that this proposed AD affects 765 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from 2019-03-25.. 51 work-hours x $85 $0 $4,335 $25,860 (516
per hour = $4,335. airplanes).

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New additional proposed actions... 13 work-hours x $85 0 1,105 Up to $845,325 (Up to
per hour = $1,105. 765 airplanes).
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The FAA has received no definitive data that would enable the
agency to provide cost estimates for the repair specified in this
proposed AD.

Paperwork Reduction Act

A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

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) 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) 2019-03-25, Amendment 39-19577
(84 FR 8805, March 12, 2019); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-0454; Project Identifier MCAI-2021-
01124-T.

(a) Comments Due Date

The FAA must receive comments on this airworthiness directive
(AD) by May 26, 2022.

(b) Affected ADs

This AD replaces AD 2019-03-25, Amendment 39-19577 (84 FR 8805,
March 12, 2019) (AD 2019-03-25).

This AD applies to Airbus SAS Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; Model A320-211, -212, -214, -216, -231, -232,
and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes; certificated in any category; as
identified in European Aviation Safety Agency (EASA) AD 2021-0228,
dated October 12, 2021 (EASA AD 2021-0228).

(d) Subject

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

(e) Unsafe Condition

This AD was prompted by a report that taperloks used in the
wing-to-fuselage junction at rib 1 were found to be non-compliant
with the applicable specification, resulting in a loss of pre-
tension in the fasteners; and a determination that, for certain
airplanes, the compliance time for the initial inspection is
inadequate and must be revised and additional actions are required.
The FAA is issuing this AD to address the loss of pre-tension in the
fasteners, which could affect the structural integrity of the
airplane.

(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 2021-0228.

(h) Exceptions to EASA AD 2021-0228

(1) Where EASA AD 2021-0228 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (3) of EASA AD 2021-0228 specifies to
``contact Airbus for approved repair instructions'' if any damage
(cracking) is found, for this AD, if any cracking is found, the
cracking must be repaired before further flight 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) The ``Remarks'' section of EASA AD 2021-0228 does not apply
to this AD.

(i) Additional FAA AD Provisions

The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft

[[Page 21047]]

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). 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 2021-0228 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.

(j) Related Information

(1) For EASA AD 2021-0228 contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#b2f3f6c1f2d7d3c1d39cd7c7c0ddc2d39cd7c7">[email&#160;protected]</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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2022-0454.
(2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax 206-231-3223; email
<a href="/cdn-cgi/l/email-protection#f7a19b96939e9a9e85d9a29b8e96999881b7919696d9909881">[email&#160;protected]</a>.

Issued on April 5, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-07618 Filed 4-8-22; 8:45 am]
BILLING CODE 4910-13-P

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