[Federal Register Volume 87, Number 73 (Friday, April 15, 2022)]
[Rules and Regulations]
[Pages 22438-22441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08213]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0389; Project Identifier MCAI-2022-00291-T; 
Amendment 39-22003; AD 2022-07-15]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A318, A319, A320, and A321 series airplanes. This AD 
was prompted by the detection of several channel failures on a newly 
developed braking and steering control unit (BSCU). This AD requires 
replacing affected BSCUs and revising the operator's existing FAA-
approved minimum equipment list (MEL), as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
This AD also limits the installation of affected parts. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective May 2, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 2, 2022.
    The FAA must receive comments on this AD by May 31, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For EASA material incorporated by reference (IBR) in this AD, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. For Airbus SAS material IBR in this AD, 
contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile 
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 
96; fax +33 5 61 93 44 51; email [email protected]; 
internet https://www.airbus.com. 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 https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0389.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0389; 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 AD, 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 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-0389; Project Identifier MCAI-
2022-00291-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

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 AD 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 AD, 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 AD. 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 [email protected]. Any commentary that 
the FAA receives which is not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0032, dated March 3, 2022 (EASA 
AD 2022-0032) (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, -153N, and -171N airplanes; Model A320-211, -212, -214, -215, -
216, -231, -232, -233, -251N, -252N, -253N, -271N, -272N, and -273N 
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, -
232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, 
and -272NX airplanes. Model

[[Page 22439]]

A320-215 airplanes are not certificated by the FAA and are not included 
on the U.S. type certificate data sheet; this AD therefore does not 
include those airplanes in the applicability.
    This AD was prompted by the detection of several BSCU channel 
failures on a newly developed BSCU, having part number (P/N) E21327307. 
In the case of a loss of a single channel, the remaining channel will 
control aircraft braking. However, in case of dual channel failures, a 
loss of anti-skid function together with the reversion to the alternate 
braking mode, and the loss of nose wheel steering on these airplanes, 
could be induced. The FAA is issuing this AD to address this condition, 
which, if not corrected, could lead to loss of braking performance with 
significant increase in airplane stopping distance, possibly resulting 
in runway excursion. See the MCAI for additional background 
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0032 specifies procedures for replacing BSCUs with P/N 
E21327307, on which a fault signature is triggered. EASA AD 2022-0032 
also specifies procedures for implementing the instructions of master 
minimum equipment list (MMEL) updates on the basis of which the 
operator's existing MEL must be amended--that is, procedures for 
revising the operator's existing FAA-approved MEL with the provisions 
in the MMEL updates specified in the EASA AD. EASA AD 2022-0032 also 
limits the installation of affected parts.
    Airbus Alert Operators Transmission A32N025-22, Rev 00, dated 
February 24, 2022, including Appendixes 1 through 4, dated February 21, 
2022, defines BSCU fault signatures that may be triggered on the 
airplane, and specifies procedures for replacing affected parts among 
other 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

    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 this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI described above. The FAA is issuing this AD after determining 
that the unsafe condition described previously is likely to exist or 
develop on other products of these same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2022-0032 described previously, except for any differences identified 
as exceptions in the regulatory text of this AD.
    EASA AD 2022-0032 requires operators to ``inform all flight crews'' 
of revisions to the MMEL, and thereafter to ``operate the aeroplane 
accordingly.'' However, this AD does not specifically require those 
actions as they are already required by FAA regulations. FAA 
regulations (14 CFR 121.628(a)(2)) require operators to provide pilots 
with access to all of the information contained in the operator's 
existing MEL. Furthermore, 14 CFR 121.628 (a)(5) requires airplanes to 
be operated under all applicable conditions and limitations contained 
in the operator's existing MEL. Therefore, including a requirement in 
this AD to operate the airplane according to the revised MEL would be 
redundant and unnecessary. Further, compliance with such a requirement 
in an AD would be impracticable to demonstrate or track on an ongoing 
basis; therefore, a requirement to operate the airplane in such a 
manner would be unenforceable.

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, 
EASA AD 2022-0032 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2022-0032 in its entirety through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this AD. Using common terms that are the same as 
the heading of a particular section in EASA AD 2022-0032 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 
2022-0032. Service information required by EASA AD 2022-0032 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0389 after this AD is 
published.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking then.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because dual BSCU channel failures can induce loss of anti-skid 
function together with the reversion to the alternate braking mode, and 
the loss of nose wheel steering, and lead to loss of braking 
performance with significant increase in airplane stopping distance, 
possibly resulting in runway excursion. Accordingly, notice and 
opportunity for prior public comment are impracticable and contrary to 
the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 1,500 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 22440]]



                                      Estimated Costs for Required Actions
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            Labor cost                Parts cost           Cost per product           Cost on U.S.  operators
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Up to 4.5 work-hours x $85 per                  $0  Up to $382.50................  Up to $573,750.
 hour = $382.50.
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    The FAA has received no definitive data on which to base the cost 
estimates for the replacement parts specified in this AD.
    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the cost estimate.

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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2022-07-15 Airbus SAS: Amendment 39-22003; Docket No. FAA-2022-0389; 
Project Identifier MCAI-2022-00291-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 2, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (4) of this AD.
    (1) All Model A318-111, -112, -121, and -122 airplanes.
    (2) All Model A319-111, -112, -113, -114, -115, -131, -132, -
133, -151N, -153N, and -171N airplanes.
    (3) All Model A320-211, -212, -214, -216, -231, -232, -233, -
251N, -252N, -253N, -271N, -272N, and -273N airplanes.
    (4) All Model A321-111, -112, -131, -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 32, Landing 
gear.

(e) Unsafe Condition

    This AD was prompted by the detection of several channel 
failures on a newly developed braking and steering control unit 
(BSCU), inducing, in case of dual channel failures, loss of anti-
skid function together with the reversion to the alternate braking 
mode, and the loss of nose wheel steering. The FAA is issuing this 
AD to address this condition, which could lead to loss of braking 
performance with significant increase in airplane stopping distance, 
possibly resulting in runway excursion.

(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 
2022-0032, dated March 3, 2022 (EASA AD 2022-0032).

(h) Exceptions to EASA AD 2022-0032

    (1) Where EASA AD 2022-0032 defines ``the AOT'' as ``Airbus 
Alert Operators Transmission (AOT) A32N025-22 [undated],'' this AD 
requires using Airbus Alert Operators Transmission A32N025-22, Rev 
00, dated February 24, 2022, including Appendixes 1 through 4, dated 
February 21, 2022.
    (2) Where paragraph (1) of EASA AD 2022-0032 specifies 
replacement of affected parts, replace the affected part in 
accordance with the ``Remove and replace BSCU P/N E21327307'' step 
in paragraph 5.6., ``Instructions,'' of Airbus Alert Operators 
Transmission A32N025-22, Rev 00, dated February 24, 2022, including 
Appendixes 1 through 4, dated February 21, 2022. No other actions in 
Airbus Alert Operators Transmission A32N025-22, Rev 00, dated 
February 24, 2022, including Appendixes 1 through 4, dated February 
21, 2022, are required for compliance for the replacement.
    (3) Where EASA AD 2022-0032 refers to its effective date, this 
AD requires using the effective date of this AD.
    (4) Where paragraph (2) of EASA AD 2022-0032 requires operators 
to ``implement the instructions of the MMEL [master minimum 
equipment list] update,'' this AD requires revising the operator's 
existing FAA-approved minimum equipment list (MEL) with the 
provisions specified in ``The MMEL update'' as identified in EASA AD 
2022-0032.
    (5) Where paragraph (2) of EASA AD 2022-0032 specifies 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.
    (6) The ``Remarks'' section of EASA AD 2022-0032 does not apply 
to this AD.

(i) No Reporting Requirement

    Although Airbus Alert Operators Transmission A32N025-22, Rev 00, 
dated February 24, 2022, including Appendixes 1 through 4, dated 
February 21, 2022, specifies to report certain information and send 
affected parts to the manufacturer, this AD does not include those 
actions.

[[Page 22441]]

(j) Additional 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 (k) of this 
AD. Information may be emailed to: [email protected]. 
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.

(k) Related Information

    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 [email protected].

(l) 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 2022-0032, 
dated March 3, 2022.
    (ii) Airbus Alert Operators Transmission A32N025-22, Rev 00, 
dated February 24, 2022, including Appendixes 1 through 4, dated 
February 21, 2022.
    (3) For EASA AD 2022-0032, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu. For Airbus 
service information identified in this AD, contact Airbus SAS, 
Airworthiness Office--EIAS, Rond-Point Emile Dewoitine No: 2, 31700 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 
44 51; email [email protected]; internet https://www.airbus.com.
    (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 
[email protected], or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 29, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-08213 Filed 4-13-22; 11:15 am]
BILLING CODE 4910-13-P


