[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Proposed Rules]
[Pages 24081-24084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08585]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0468; Project Identifier MCAI-2021-01243-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2018-13-08 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 2018-13-08 requires repetitive inspections for 
cracking of the radius of the front spar vertical stringers and the 
horizontal floor beam on frame (FR) 36, repetitive inspections for 
cracking of the fastener holes of the front spar vertical stringers on 
FR 36, and repair if necessary, and, for certain airplanes, a potential 
terminating action modification of the center wing box area. Since the 
FAA issued AD 2018-13-08, Airbus has determined that additional 
airplanes are subject to the unsafe condition. This proposed AD would 
revise the applicability by adding airplanes and retain the 
requirements of AD 2018-13-08, as specified in a European Union 
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 June 6, 
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 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 [email protected]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. You may view this IBR 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 on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0468.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0468; 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, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; phone 206-231-3229; email 
[email protected].

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-2022-0468; Project Identifier 
MCAI-2021-01243-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 
the 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 
https://

[[Page 24082]]

www.regulations.gov, including any personal information you provide. 
The agency will also post a report summarizing each substantive verbal 
contact received about this proposed AD.

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, 
International Validation Branch, FAA, 2200 South 216th St., Des Moines, 
WA 98198; phone 206-231-3229; 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.

Discussion

    The FAA issued AD 2018-13-08, Amendment 39-19320 (83 FR 33809, July 
18, 2018) (AD 2018-13-08) 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 2018-13-08 requires repetitive inspections 
for cracking of the radius of the front spar vertical stringers and the 
horizontal floor beam on FR 36, repetitive inspections for cracking of 
the fastener holes of the front spar vertical stringers on FR 36, and 
repair if necessary, and, for certain airplanes, a potential 
terminating action modification of the center wing box area. The FAA 
issued AD 2018-13-08 to address fatigue cracking of the front spar 
vertical stringers on the wings, which could result in the reduced 
structural integrity of the airplane.

Actions Since AD 2018-13-08 Was Issued

    Since the FAA issued AD 2018-13-08, Airbus has determined that 
Model A321 airplanes that have incorporated modification 160021 
(structural reinforcement for Airbus SAS Model A321 airplanes sharklet 
installation) are also subject to the identified unsafe condition. In 
addition, Airbus determined that, for airplanes in configuration 5, 6, 
or 7, an optional modification of the center wing box after 
accumulating a certain number of total flight cycles and total flight 
hours terminates the repetitive inspections.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0241, dated November 8, 2021 
(EASA AD 2021-0241) (also referred to as the Mandatory Continuing 
Airworthiness Information, or 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. EASA AD 
2021-0241 supersedes EASA AD 2017-0099, dated June 8, 2017 (which 
corresponds to FAA AD 2018-13-08). 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.
    This proposed AD was prompted by a report that, during a center 
fuselage certification full-scale fatigue test, cracks were found on 
the front spar vertical stringer at a certain frame. This proposed AD 
was also prompted by a determination that Model A321 airplanes that 
have incorporated modification 160021 are also subject to the unsafe 
condition. The FAA is proposing this AD to address fatigue cracking of 
the front spar vertical stringers on the wings, which, if not 
corrected, could result in the reduced structural integrity of the 
airplane. See the MCAI for additional background information.

Model A320-216 Airplanes

    The Airbus SAS Model A320-216 was U.S. type certificated on 
December 19, 2016. Before that date, any EASA ADs that affected Model 
A320-216 airplanes were included in the U.S. type certificate as part 
of the Required Airworthiness Actions List (RAAL). One or more Model 
A320-216 airplanes have subsequently been placed on the U.S. Register, 
and will now be included in FAA AD actions. For Model A320-216 
airplanes, the requirements that correspond to AD 2018-13-08 were 
mandated by the MCAI via the RAAL. Although that RAAL requirement is 
still in effect, for continuity and clarity the FAA has identified 
Model A320-216 airplanes in paragraph (c) of this proposed AD; the MCAI 
that is specified in paragraph (g) in this proposed AD includes 
retained requirements, which would therefore apply to those airplanes.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2018-13-08, this proposed AD would retain all of the 
requirements of AD 2018-13-08. Those requirements are referenced in 
EASA AD 2021-0241, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0241 describes procedures for repetitive special 
detailed inspections for cracking of the radius of the front spar 
vertical stringers, horizontal floor beam radius and fastener holes of 
the front spear vertical stringers on frame 36. EASA AD 2021-0241 
further describes procedures for repetitive high frequency eddy current 
(HFEC) for cracking of the horizontal floor beam, repetitive HFEC 
inspections for cracking of the fastener holes of the front spar 
vertical stringers on FR 36, repetitive rototest inspections of the 
fastener holes of the spar vertical stringers, and repair. EASA AD 
2021-0241 also describes procedures for the modification of the center 
wing box area. The modification is required for airplanes in 
configuration 1, 2 or 3; and for airplanes in configuration 5, 6, or 7, 
the modification is optional and is a terminating action for the 
repetitive inspections when done within a specified time frame. The 
modification includes related investigative and corrective actions. 
Related investigative actions include an HFEC inspection on the radius 
of the rib flanges, a rototest inspection of the fastener holes, 
detailed and HFEC inspections for cracking on the cut edges, detailed 
and rototest inspections on all open fastener holes, and an inspection 
to determine if secondary structure brackets are installed. Corrective 
actions include reworking the secondary structure bracket and repair. 
This material is reasonably available because the interested parties 
have access to it through their normal course of business

[[Page 24083]]

or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the FAA 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0241 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this 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 2021-0241 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0241 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 2021-0241 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-
0241. Service information required by EASA AD2021-0241 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0468 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,549 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                   Cost on U.S.
            Action                Labor cost           Parts cost           Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2018- Up to 273 work-   $87,500...............  Up to $110,705........  Up to
 03-08.                         hours x $85 per                                                   $1,107,050 for
                                hour = $23,205.                                                   certain
                                                                                                  airplanes.*
New proposed inspections.....  25 work-hours x   $100..................  $2,225................  $3,446,525.
                                $85 per hour =
                                $2,125.
New proposed modification (5   Up to 403 work-   Up to $316,900........  Up to $351,1555.......  Up to
 airplanes).                    hours x $85 per                                                   $1,755,775.
                                hour = $34,255.
----------------------------------------------------------------------------------------------------------------
* This estimate is based on the determination in AD 2018-13-08 that only 10 airplanes of U.S. registry needed to
  accomplish all required actions, including the modification; other airplanes were only required to accomplish
  the terminating actions.


                                      Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 409 work-hours x $85 per hour =     Up to $66,050.....................  Up to $100,815.
 $34,765.
----------------------------------------------------------------------------------------------------------------

    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 
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:

[[Page 24084]]

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) 2018-13-08, Amendment 39-
19320; (83 FR 33809, July 18, 2018); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-0468; Project Identifier MCAI-2021-
01243-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 6, 2022.

(b) Affected ADs

    This AD replaces AD 2018-13-08, Amendment 39-19320 (83 FR 33809, 
July 18, 2018) (AD 2018-13-08).

(c) Applicability

    This AD applies to the Airbus SAS airplanes identified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2021-0241, dated November 8, 2021 (EASA AD 2021-0241).
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, and -233 
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that, during a center fuselage 
certification full-scale fatigue test, cracks were found on the 
front spar vertical stringer at a certain frame. This AD was also 
prompted by a determination that Model A321 airplanes that have 
incorporated modification 160021 are also subject to the unsafe 
condition. The FAA is issuing this AD to address fatigue cracking of 
the front spar vertical stringers on the wings, which, if not 
corrected, could result in the reduced 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 2021-0241.

(h) Exceptions to EASA AD 2021-0241

    (1) Where EASA AD 2021-0241 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0241 does not apply 
to this AD.
    (3) Where paragraph (3) of EASA AD 2021-0241 specifies actions 
for airplanes repaired ``in accordance with instructions approved by 
EASA or approved under Airbus DOA,'' for this AD use ``using a 
method approved by the Manager, Large Aircraft Section, 
International Validation Branch, FAA; or EASA; or Airbus SAS's EASA 
DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.''
    (4) Where paragraph (4) of EASA AD 2021-0241 specifies to 
``contact Airbus for approved corrective action instructions and 
accomplish those instructions accordingly'' if cracks are detected, 
for this AD if any cracking is detected, 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 DOA. If approved by the DOA, the 
approval must include the DOA-authorized signature.
    (5) Where paragraph (8) of EASA AD 2021-0241 specifies actions 
for airplanes inspected by additional instructions ``approved before 
the effective date of this AD by Airbus DOA,'' for this AD use 
``approved before the effective date of this AD by the Manager, 
Large Aircraft Section, International Validation Branch, FAA; or 
EASA; or Airbus SAS's EASA DOA. If approved by the DOA, the approval 
must include the DOA-authorized signature.''

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0241 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Other 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 (k)(2) of 
this AD. Information may be emailed to: [email protected].
    (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 2018-13-08 are approved as 
AMOCs for the corresponding provisions of EASA AD 2021-0241 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): For any service information 
referenced in EASA AD 2021-0241 that contains RC procedures and 
tests: Except as required by paragraph (j)(2) of this AD, RC 
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.

(k) Related Information

    (1) For information about EASA AD 2021-0241, 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. 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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0468.
    (2) For more information about this AD, contact Vladimir 
Ulyanov, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
phone 206-231-3229; email [email protected].

    Issued on April 15, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-08585 Filed 4-21-22; 8:45 am]
BILLING CODE 4910-13-P


