Proposed Rule2022-18064
Airworthiness Directives; Airbus SAS Airplanes
Primary source
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Published
August 23, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2021-14-08, which applies to all Airbus SAS Model A319-151N, A319-153N, A319-171N, A320-251N, A320-252N, A320-273N, A321-251N, A321-251NX, A321-252N, A321-252NX, A321-253N, A321-253NX, A321-271N, A321-271NX, A321-272N, and A321-272NX airplanes. AD 2021-14-08 requires revising the existing airplane flight manual (AFM) to include a procedure to reinforce the airspeed check during the take-off phase and provide instructions to abort take-off in certain cases. This AD was prompted by the development of a software update to the elevator aileron computer (ELAC) to address the unsafe condition. This proposed AD would continue to require the actions in AD 2021-14-08 and would require replacing each affected ELAC and removing the AFM revision required by AD 2021-14-08, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. This proposed AD would also prohibit the installation of affected parts. 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 162 (Tuesday, August 23, 2022)</title>
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[Federal Register Volume 87, Number 162 (Tuesday, August 23, 2022)]
[Proposed Rules]
[Pages 51617-51620]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18064]
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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. 87, No. 162 / Tuesday, August 23, 2022 /
Proposed Rules
[[Page 51617]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1060; Project Identifier MCAI-2022-00251-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2021-14-08, which applies to all Airbus SAS Model A319-151N, A319-153N,
A319-171N, A320-251N, A320-252N, A320-273N, A321-251N, A321-251NX,
A321-252N, A321-252NX, A321-253N, A321-253NX, A321-271N, A321-271NX,
A321-272N, and A321-272NX airplanes. AD 2021-14-08 requires revising
the existing airplane flight manual (AFM) to include a procedure to
reinforce the airspeed check during the take-off phase and provide
instructions to abort take-off in certain cases. This AD was prompted
by the development of a software update to the elevator aileron
computer (ELAC) to address the unsafe condition. This proposed AD would
continue to require the actions in AD 2021-14-08 and would require
replacing each affected ELAC and removing the AFM revision required by
AD 2021-14-08, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference. This
proposed AD would also prohibit the installation of affected parts. 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 7,
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="http://regulations.gov">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: Hand deliver to Mail address above 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 EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#2564615665404456440b4050574a55440b4050"><span class="__cf_email__" data-cfemail="0c4d487f4c696d7f6d2269797e637c6d226979">[email protected]</span></a>; internet
easa.europa.eu. You may find this material on the EASA website at
ad.easa.europa.eu. 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="http://regulations.gov">regulations.gov</a> by searching for and locating Docket No. FAA-2022-1060.
Examining the AD Docket
You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> by searching for
and locating Docket No. FAA-2022-1060; 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: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone 206-231-3225; email
<a href="/cdn-cgi/l/email-protection#badedbd494c8d5ded3d4dbfadcdbdb94ddd5cc"><span class="__cf_email__" data-cfemail="93f7f2fdbde1fcf7fafdf2d3f5f2f2bdf4fce5">[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-2022-1060; Project Identifier
MCAI-2022-00251-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="http://regulations.gov">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 Dan
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#3054515e1e425f54595e51705651511e575f46"><span class="__cf_email__" data-cfemail="d9bdb8b7f7abb6bdb0b7b899bfb8b8f7beb6af">[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
The FAA issued AD 2021-14-08, Amendment 39-21635 (86 FR 34933, July
1, 2021) (AD 2021-14-08), for all Airbus SAS Model A319-151N, A319-
153N, A319-171N, A320-251N, A320-252N, A320-253N, A320-271N, A320-272N,
A320-273N, A321-251N, A321-251NX, A321-252N, A321-252NX, A321-253N,
A321-253NX, A321-271N, A321-271NX, A321-272N, and A321-
[[Page 51618]]
272NX airplanes. AD 2021-14-08 requires revising the existing AFM to
include a procedure to reinforce the airspeed check during the take-off
phase and provide instructions to abort take-off in certain cases. The
FAA issued AD 2021-14-08 to address airspeed discrepancies, which could
lead to an unstable flight path after take-off, possibly resulting in
reduced control of the airplane.
Actions Since AD 2021-14-08 Was Issued
The preamble to AD 2021-14-08 explains that the FAA considers that
AD to be interim action and that further action might follow. Since the
FAA issued AD 2021-14-08, the manufacturer developed a software update
to the ELAC to address the unsafe condition, and the FAA has determined
that further rulemaking is necessary. Installation of this software
update would eliminate the need for the AFM revision required by AD
2021-14-08.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0028, dated February 22, 2022
(EASA AD 2022-0028) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A319-151N, -153N, and -171N
airplanes; Model A320-251N, -252N, -253N, -271N, -272N, and -273N
airplanes; and Model A321-251N, -251NX, -252N, -252NX, -253N, -253NX, -
271N, -271NX, -272N, and -272NX airplanes.
This proposed AD was prompted by the development of a software
update to the ELAC to address the unsafe condition. The FAA is
proposing this AD to address airspeed discrepancies, which could lead
to an unstable flight path after take-off, possibly resulting in
reduced control 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 2021-14-08, this proposed AD would retain all of the
requirements of AD 2021-14-08. Those requirements are referenced in
EASA AD 2022-0028, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0028 specifies procedures for, among other actions,
revising the AFM to include a procedure to reinforce the airspeed check
during the take-off phase and provide instructions to abort take-off in
certain cases (e.g., and unreliable airspeed situation or certain
airspeed differences); replacing each affected ELAC with a serviceable
ELAC (one with the updated ELAC software standard); and removing the
AFM revision required by AD 2021-14-08. EASA AD 2022-0028 also
prohibits installation of affected ELACs. 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 the same type designs.
Proposed AD Requirements in This NPRM
This proposed AD would retain all requirements of AD 2021-14-08.
This proposed AD would require accomplishing the actions specified in
EASA AD 2022-0028 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD,
and except as discussed under ``Differences Between this AD and the
MCAI.''
Differences Between This AD and the MCAI
Paragraph (3) of EASA AD 2022-0028 requires revising the minimum
equipment list (MEL) to incorporate an EASA master minimum equipment
list (MMEL) change to mandate that the integrated standby instrument
system (ISIS) airspeed indication must be operative. However the FAA
MMEL does not provide relief for an inoperative ISIS airspeed
indication function. Therefore, paragraph (3) of EASA AD 2022-0028 is
unnecessary for this AD.
EASA AD 2022-0028 requires operators to ``inform all flight crews''
of revisions to the AFM, and thereafter to ``operate the aeroplane
accordingly.'' However, this proposed AD would not specifically require
those actions as those actions are already required by FAA regulations.
FAA regulations require operators furnish to pilots any changes to the
AFM (for example, 14 CFR 121.137), and to ensure the pilots are
familiar with the AFM (for example, 14 CFR 91.505). As with any other
flightcrew training requirement, training on the updated AFM content is
tracked by the operators and recorded in each pilot's training record,
which is available for the FAA to review. FAA regulations also require
pilots to follow the procedures in the existing AFM including all
updates. 14 CFR 91.9 requires that any person operating a civil
aircraft must comply with the operating limitations specified in the
AFM. Therefore, including a requirement in this proposed AD to operate
the airplane according to the revised AFM would be redundant and
unnecessary.
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 2022-0028 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0028 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 2022-0028 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 2022-
0028. Service information required by EASA AD 2022-0028 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> by searching for and locating
Docket No. FAA-2022-1060 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 204 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 51619]]
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 2021-14-08... 1 work-hour x $85 per $0 $85 $17,340
hour = $85.
New proposed actions.................. 3 work-hours x $85 per 150 405 82,620
hour = $355.
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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 2021-14-08, Amendment 39-21635 (86
FR 34933, July 1, 2021); and
0
b. Adding the following new airworthiness directive:
Airbus SAS: Docket No. FAA-2022-1060; Project Identifier MCAI-2022-
00251-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 7, 2022.
(b) Affected ADs
This AD replaces AD 2021-14-08, Amendment 39-21635 (86 FR 34933,
July 1, 2021) (AD 2021-14-08).
(c) Applicability
This AD applies to all Airbus SAS Model airplanes identified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category.
(1) Model A319-151N, -153N, and -171N airplanes.
(2) Model A320-251N, -252N, -253N, -271N, -272N, and -273N
airplanes.
(3) Model A321-251N, -251NX, -252N, -252NX, -253N, -253NX, -
271N, -271NX, -272N, and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Control System; 34, Navigation.
(e) Unsafe Condition
This AD was prompted by reports of an increasing number of
operational disruptions due to airspeed discrepancies, and the
development of a software update to the elevator aileron computer
(ELAC) to address the unsafe condition. The FAA is issuing this AD
to address airspeed discrepancies, which could lead to an unstable
flight path after take-off, possibly resulting in reduced control 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, European Union Aviation Safety Agency (EASA) AD
2022-0028, dated February 22, 2022 (EASA AD 2022-0028).
(h) Exceptions to EASA AD 2022-0028
(1) Where EASA AD 2022-0028 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2022-0028 refers to June 28, 2021 (the
effective date of EASA AD 2021-0150, dated June 21, 2021; corrected
June 25, 2021), this AD requires using July 1, 2021 (the effective
date of AD 2021-14-08).
(3) Paragraph (3) of EASA AD 2022-0028 does not apply to this
AD.
(4) Where paragraphs (1) and (5) of EASA AD 2022-0028 specify to
``inform all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.
(5) The ``Remarks'' section of EASA AD 2022-0028 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 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#c2fbef839491ef838b90eff5f1f2ef838f8d8182a4a3a3eca5adb4"><span class="__cf_email__" data-cfemail="84bda9c5d2d7a9c5cdd6a9b3b7b4a9c5c9cbc7c4e2e5e5aae3ebf2">[email protected]</span></a>.
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD 2022-14-08 are approved as
AMOCs for the corresponding provisions of EASA AD 2022-0028 that are
required by paragraph (g) of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, 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 (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those
[[Page 51620]]
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 an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(j) Related Information
(1) For EASA AD 2022-0028, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#2c6d685f6c494d5f4d0249595e435c4d024959"><span class="__cf_email__" data-cfemail="2564615665404456440b4050574a55440b4050">[email protected]</span></a>; internet easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu. 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="http://regulations.gov">regulations.gov</a> by
searching for and locating Docket No. FAA-2022-1060.
(2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#b4d0d5da9ac6dbd0dddad5f4d2d5d59ad3dbc2"><span class="__cf_email__" data-cfemail="791d1817570b161d101718391f1818571e160f">[email protected]</span></a>.
Issued on August 17, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-18064 Filed 8-22-22; 8:45 am]
BILLING CODE 4910-13-P
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