Proposed Rule2024-14438
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
July 3, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2021-25-14, which applies to all Airbus SAS 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 2021-25-14 requires repetitive inspections for cracking at the wing manhole access panel attachment holes at certain wing skin panels, and corrective action if necessary. Since the FAA issued AD 2021-25-14, new investigation results identified that the applicability of these inspections must be expanded to all airplanes in an affected configuration, and the associated compliance time must be adapted to these respective configurations. In addition, further investigation results found that the post-repair inspection program tasks in accordance with the Structural Repair Manual for the affected area were inadequate. This proposed AD would continue to require the actions in AD 2021-25-14 and would require expanding the applicability to include New Engine Option (NEO) airplanes and accomplishment of the required actions within updated compliance times, as applicable to airplane configuration, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 128 (Wednesday, July 3, 2024)</title>
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[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Proposed Rules]
[Pages 55123-55126]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14438]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1702; Project Identifier MCAI-2024-00067-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)
2021-25-14, which applies to all Airbus SAS 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 2021-25-14 requires
repetitive inspections for cracking at the wing manhole access panel
attachment holes at certain wing skin panels, and corrective action if
necessary. Since the FAA issued AD 2021-25-14, new investigation
results identified that the applicability of these inspections must be
expanded to all airplanes in an affected configuration, and the
associated compliance time must be adapted to these respective
configurations. In addition, further investigation results found that
the post-repair inspection program tasks in accordance with the
Structural Repair Manual for the affected area were inadequate. This
proposed AD would continue to require the actions in AD 2021-25-14 and
would require expanding the applicability to include New Engine Option
(NEO) airplanes and accomplishment of the required actions within
updated compliance times, as applicable to airplane configuration, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference (IBR). 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 August 19,
2024.
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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1702; 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.
Material Incorporated by Reference:
<bullet> For the EASA ADs identified in this NPRM, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email <a href="/cdn-cgi/l/email-protection#7031340330151103115e1505021f00115e1505"><span class="__cf_email__" data-cfemail="5d1c192e1d383c2e3c7338282f322d3c733828">[email protected]</span></a>; website easa.europa.eu. You may find
this material on the EASA website at ad.easa.europa.eu. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-1702.
<bullet> 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.
FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 817-222-5102; email: <a href="/cdn-cgi/l/email-protection#86d2efebe9f2eeffa8d6a8c2e9f1eaefe8e1c6e0e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="4d19242022392534631d6309223a2124232a0d2b2c2c632a223b">[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-2024-1702; Project Identifier
MCAI-2024-00067-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
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: 817-222-5102; email:
<a href="/cdn-cgi/l/email-protection#baeed3d7d5ced2c394ea94fed5cdd6d3d4ddfadcdbdb94ddd5cc"><span class="__cf_email__" data-cfemail="7d29141012091504532d5339120a1114131a3d1b1c1c531a120b">[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 2021-25-14, Amendment 39-21858 (86 FR 72171,
December 21, 2021) (AD 2021-25-14), for all Airbus SAS 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 2021-25-14
was prompted by an MCAI originated by EASA, which is the Technical
Agent for the Member States of the European Union. EASA issued AD 2021-
0256, dated November 16, 2021, to correct an unsafe condition.
AD 2021-25-14 requires repetitive inspections at the wing manhole
access panel attachment holes at certain wing skin panels on airplanes
with Sharklets or its structural reinforcements installed for cracking
of the area, and corrective action if necessary. The FAA issued AD
2021-25-14 to address this condition, which could lead to crack
propagation, possibly resulting in the reduced structural integrity of
the wings.
Actions Since AD 2021-25-14 Was Issued
Since the FAA issued AD 2021-25-14, EASA superseded EASA AD 2021-
[[Page 55124]]
0256 and issued EASA AD 2024-0027, dated January 25, 2024 (EASA AD
2024-0027) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS Model A319-111, -112, -113, -114, -115, -
131, -132, -133, -151N, -153N, and -171N airplanes; Model A320-211, -
212, -214, -215, -216, -231, -232, -233, -251N, -252N, -253N, -271N, -
272N, and -273N airplanes; and Model A321-211, -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
proposed AD therefore does not include those airplanes in the
applicability. Additionally, Airbus SAS Model A321-100 series airplanes
were inadvertently included in EASA AD 2021-0256, and also in
corresponding AD 2021-25-14, despite the Sharklet device not being
installed on these airplanes. This AD affects airplanes that have the
Sharklet device installed. Therefore, Model A321-100 series airplanes
should not have been included in EASA AD 2021-0256 and was corrected
with the issuance of EASA AD 2024-0027, and therefore not included in
the applicability of this proposed AD. The MCAI states new
investigation results highlighted that these inspections must be
applied to all models of A319, A320 and A321 airplanes in an affected
configuration, and the associated compliance time must be adapted to
these configurations. It has been determined that fatigue cracking may
occur in affected areas on airplanes having Sharklets installed during
production or in service. This condition, if not detected and
corrected, could lead to crack initiation and propagation, possibly
resulting in reduced structural integrity of the wings.
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-1702.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2021-25-14, this proposed AD would retain all of the
requirements of AD 2021-25-14. Those requirements are referenced in
EASA AD 2024-0027, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2024-0027 specifies procedures for repetitive detailed
visual inspections of the affected areas, and applicable corrective
actions. 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
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 this 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 design.
Proposed AD Requirements in This NPRM
This proposed AD would retain all requirements of AD 2021-25-14.
This proposed AD would require accomplishing the actions specified in
EASA AD 2024-0027 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 2024-0027 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0027 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 2024-0027 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 2024-
0027. Service information required by EASA AD 2024-0027 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-1702
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1,650 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per
Labor cost Parts cost product Cost on U.S. operators
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14 work-hours x $85 per hour = $1,190...... $0 $1,190 $1,963,500 per inspection cycle.
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions 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
[[Page 55125]]
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) 2021-25-14, Amendment 39-21858
(86 FR 72171, December 21, 2021); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2024-1702; Project Identifier MCAI-2024-
00067-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by August 19, 2024.
(b) Affected ADs
This AD replaces AD 2021-25-14, Amendment 39-21858 (86 FR 72171,
December 21, 2021) (AD 2021-25-14).
(c) Applicability
This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (3) of this AD and certificated in any
category.
(1) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
(2) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, -273N airplanes.
(3) Model A321-211, -212, -213, -231, -232, -251N, -251NX, -
252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by new investigation results that
identified that these inspections must be applied to all models of
A319, A320 and A321 airplanes in an affected configuration, and the
associated compliance time must be adapted to these configurations.
The FAA is issuing this AD to address fatigue cracking that may
occur in affected areas on airplanes having Sharklets installed
during production or in service. The unsafe condition, if not
addressed, could result in crack initiation and propagation,
possibly resulting 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 paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2024-0027, dated January 25, 2024 (EASA AD 2024-0027).
(h) Exceptions to EASA AD 2024-0027
(1) Where EASA AD 2024-0027 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (2) of EASA AD 2024-0027 specifies ``if,
during any inspection as required by paragraph (1) of this AD, any
discrepancy is detected as defined in the [Airbus Alert Operators
Transmission] AOT, before next flight, contact Airbus for approved
repair instructions and, within the compliance time specified
therein, accomplish those instructions accordingly,'' this AD
requires replacing that text with ``if any cracking is detected, the
cracking must be repaired before further flight using a method
approved by the Manager, 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) This AD does not adopt paragraph (4) of EASA AD 2024-0027.
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0027.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2024-0027
specifies to submit certain information [and send removed parts] to
the manufacturer, this AD does not include that requirement.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (k) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#83baaec2d5d0aec2cad1aeb4b0b3aec2ceccc0c3e5e2e2ade4ecf5"><span class="__cf_email__" data-cfemail="e3dacea2b5b0cea2aab1ced4d0d3cea2aeaca0a3858282cd848c95">[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 2021-25-14 are approved as AMOCs for the
corresponding provisions of EASA AD 2024-0027 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, 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
paragraphs (i) and (j)(2) of this AD, if any service information
referenced in EASA AD 2024-0027 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.
(k) Additional Information
For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 817-222-5102; email:
<a href="/cdn-cgi/l/email-protection#36625f5b59425e4f1866187259415a5f58517650575718515940"><span class="__cf_email__" data-cfemail="eabe8387859e8293c4bac4ae859d8683848daa8c8b8bc48d859c">[email protected]</span></a>.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 2024-0027,
dated January 25, 2024.
(ii) [Reserved]
(3) For EASA AD 2024-0027, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#7332370033161200125d1606011c03125d1606"><span class="__cf_email__" data-cfemail="e3a2a790a386829082cd8696918c9382cd8696">[email protected]</span></a>; website easa.europa.eu. You may find these EASA
ADs on the EASA website at ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational
[[Page 55126]]
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 at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a>, or email <a href="/cdn-cgi/l/email-protection#badcc894d3d4c9cadfd9ced3d5d4fad4dbc8db94ddd5cc"><span class="__cf_email__" data-cfemail="c1a7b3efa8afb2b1a4a2b5a8aeaf81afa0b3a0efa6aeb7">[email protected]</span></a>.
Issued on June 25, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-14438 Filed 7-2-24; 8:45 am]
BILLING CODE 4910-13-P
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