[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72379-72381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25511]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1060; Project Identifier MCAI-2022-00251-T; 
Amendment 39-22226; AD 2022-22-11]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-14-
08, which applied 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 required 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 AD continues to 
require the actions in AD 2021-14-08 and requires 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 incorporated by reference. This AD also prohibits the 
installation of affected parts. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective December 30, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 30, 
2022.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
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 final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; website 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 under Docket No. FAA-2022-1060.

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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-14-08, Amendment 39-21635 (86 FR 
34933, July 1, 2021) (AD 2021-14-08). AD 2021-14-08 applied to 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 A321-272NX airplanes. AD 2021-14-08 required 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.
    The NPRM published in the Federal Register on August 23, 2022 (87 
FR 51617). The NPRM was prompted by AD 2022-0028, dated February 22, 
2022, issued by EASA, which is the Technical Agent for the Member 
States of the European Union (EASA AD 2022-0028) (referred to after 
this as the MCAI). The MCAI states that an increasing number of 
operational disruptions due to airspeed discrepancies were reported, 
which may affect the airplane's response, particularly during the 
rotation phase. The MCAI states that this condition, if not addressed, 
could lead to an unstable flight path after take-off, possibly 
resulting in reduced control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1060.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2021-14-08 and to require replacing each affected ELAC and removing 
the AFM revision required by AD 2021-14-08, as specified in EASA AD 
2022-0028. The NPRM also proposed to prohibit the installation of 
affected parts. The FAA is issuing this AD to address the unsafe 
condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.

Conclusion

    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 reviewed the relevant data, considered the 
comment received, and determined that air safety requires adopting this 
AD as proposed. Accordingly, the FAA is issuing this AD to address the 
unsafe condition on this product. Except for minor editorial changes, 
this AD is adopted as proposed in the NPRM. None of the changes will 
increase the economic burden on any operator.

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

[[Page 72380]]

cases (e.g., an 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.

Costs of Compliance

    The FAA estimates that this AD affects 204 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Retained actions from AD 2021-14-08...  1 work-hour x $85 per                 $0             $85         $17,340
                                         hour = $85.
New actions...........................  3 work-hours x $85 per               150             405          82,620
                                         hour = $355.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 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:
0
a. Removing Airworthiness Directive (AD) 2021-14-08, Amendment 39-21635 
(86 FR 34933, July 1, 2021); and
0
b. Adding the following new AD:

2022-22-11 Airbus SAS: Amendment 39-22226; Docket No. FAA-2022-1060; 
Project Identifier MCAI-2022-00251-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 30, 
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 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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (j) of this AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector,

[[Page 72381]]

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, 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 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) Additional 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].

(k) 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 2022-0028, 
dated February 22, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0028, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-25511 Filed 11-23-22; 8:45 am]
BILLING CODE 4910-13-P


