[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 [www.gpo.gov]
[FR Doc No: 2022-18064]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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).

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

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:
     Federal eRulemaking Portal: Go to 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: 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 [email protected]; 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 
regulations.gov by searching for and locating Docket No. FAA-2022-1060.

Examining the AD Docket

    You may examine the AD docket at regulations.gov 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 
[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-2022-1060; 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 
regulations.gov, 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 [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

    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 regulations.gov 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
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

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: [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 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 
[email protected]; 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 regulations.gov 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 [email protected].

    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


