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[Federal Register Volume 90, Number 29 (Thursday, February 13, 2025)]
[Proposed Rules]
[Pages 9523-9526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02572]

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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: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) 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. This action revises the NPRM by adding a prohibition 
against accomplishing a repair using certain structural repair manual 
(SRM) tasks. The FAA is proposing this AD to address the unsafe 
condition on these products. Since these actions would impose an 
additional burden over those in the NPRM, the FAA is requesting 
comments on this SNPRM.

DATES: The FAA must receive comments on this SNPRM by March 31, 2025.

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: 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 regulations.gov 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 the NPRM, this SNPRM, 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:
     For European Union Aviation Safety Agency (EASA) material 
identified in this SNPRM, 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. It is also available at regulations.gov under 
Docket No. FAA-2024-1702.
     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, 2200 South 216th St., Des Moines, WA 98198; phone: 817-
222-5102; 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 the ADDRESSES section. 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this SNPRM.

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 SNPRM 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 SNPRM, it is important that you clearly designate 
the

[[Page 9524]]

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 SNPRM. Submissions containing CBI should 
be sent to Timothy Dowling, Aviation Safety Engineer, FAA, 2200 South 
216th St., Des Moines, WA 98198; phone: 817-222-5102; 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 an NPRM to amend 14 CFR part 39 by adding an AD to 
supersede AD 2021-25-14, Amendment 39-21858 (86 FR 72171, December 21, 
2021) (AD 2021-25-14), that would apply to all Airbus SAS Model A319-
111, -112, -113, -114, -115, -131, -132, -133, 151N, -153N, and -171N 
airplanes; Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes; and Model A321-211, -
212, -213, -231, -232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -
271N, -271NX, -272N, and -272NX airplanes. The NPRM published in the 
Federal Register on July 3, 2024 (89 FR 55123). The NPRM was prompted 
by AD 2024-0027, dated January 25, 2024 (EASA AD 2024-0027), issued by 
EASA, which is the Technical Agent for the Member States of the 
European Union. EASA AD 2024-0027 stated new investigation results 
highlighted that 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 
was 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.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2021-25-14 and to 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.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, EASA superseded EASA AD 2024-0027 
and issued EASA AD 2024-0230, dated December 2, 2024 (EASA AD 2024-
0230) (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, -
251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, 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. The 
MCAI states that since AD 2024-0027 was issued, it was identified that 
Airbus published certain SRM tasks at revision dated May 2024, removing 
instructions linked to steps 2 to 9 and aligning the compliance time 
with the EASA AD 2024-0027 for all the related SRM tasks. In addition, 
SRM tasks 57-21-11-300-010, 57-21-11-300-021 and 57-21-11-300-025 were 
deactivated at revision dated August 2023, and should no longer be 
used.
    The FAA is proposing this AD to address the unsafe condition on 
these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1702.

Comments

    The FAA received a comment from Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.
    The FAA received additional comments from Delta Air Lines (Delta). 
The following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Add Exceptions

    Delta requested the inclusion of an exception in paragraph (h) of 
the final rule to correct the meaning of ``Steps 2 to 9'' as stated in 
paragraph (5) of EASA AD 2024-0027. Delta stated the meaning of ``Steps 
2 to 9'' in paragraph (5) is not readily evident due to a conflict 
between the note included in paragraph (5) of EASA AD 2024-0027 and 
later revisions of Airbus A319-A320-A321 SRM, which has had the bushing 
oversize step numbering deleted from the referenced SRM repair.
    Delta also requested the inclusion of an exception paragraph in the 
final rule of allowing operators with A321-200 (CEO [current engine 
option]) aircraft and A321-200 (NEO ACF [advanced cabin flex]) 
aircraft, as defined in Appendix 1, Table 1 and Table 2 of EASA AD 
2024-0027, to omit the requirements to accomplish certain post-repair 
inspections at the compliance times specified in paragraph (6) of EASA 
AD 2024-0027, rather than those in the SRM. Delta stated Airbus 
adjusted the thresholds and intervals for post-repair inspections to 
match the compliance times specified in paragraph (6) of EASA AD 2024-
0027 in the recent SRM Revision 27, SRM Task 57-21-11-300-009.
    Delta also requested the inclusion of an exception in paragraph (h) 
of the final rule to clarify and correct the meaning of ``Step 1'' in 
paragraph (7) of EASA AD 2024-0027. Delta stated that the meaning of 
``Step 1'' is unclear due to a conflict between the note after 
paragraph (5) of EASA AD 2024-0027, and later revisions of the SRM, 
which have the bushing oversize step numbering deleted from the 
applicable figure.
    The FAA disagrees with the request to add exceptions because EASA 
AD 2024-0230 supersedes EASA AD 2024-0027 and addresses Delta's 
concerns by clarifying the requirements that were specified in 
paragraphs (5), (6), and (7) of EASA AD 2024-0027. EASA AD 2024-0230 
adds Note 1 to paragraph (5) of EASA AD 2024-0230 to clarify which SRMs 
included steps 2 to 9 for bushing installation. EASA AD 2024-0230 also 
clarifies the affected airplanes for paragraph (6) of EASA AD 2024-0230 
and removes reference to ``Step 1'' from paragraph (7) of EASA AD 2024-
0230. The FAA has not changed this AD in this regard.

Material Incorporated by Reference Under 1 CFR Part 51

    EASA AD 2024-0230 specifies procedures for repetitive detailed 
inspections (DET) for cracks of the affected areas (left-hand and 
right-hand wing manhole access panel attachment holes in the bottom 
wing skin panels 2, between rib 13 and rib 23), and applicable 
corrective actions (i.e., repair). EASA AD 2024-0230 also prohibits 
accomplishing a repair using certain SRM tasks. 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

[[Page 9525]]

is issuing this SNPRM after determining that the unsafe condition 
described previously is likely to exist or develop in other products of 
the same type design.
    Certain changes described above expand the scope of the NPRM. As a 
result, it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this SNPRM.

Proposed AD Requirements in This SNPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2024-0230 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 2024-0230 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2024-0230 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 2024-0230 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-
0230. Material required by EASA AD 2024-0230 for compliance will be 
available at regulations.gov 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
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                    Labor cost                      Parts cost     Cost per product     Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
14 work-hours x $85 per hour = $1,190............           $0               $1,190                  $1,963,500
----------------------------------------------------------------------------------------------------------------

    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:

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 (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 March 31, 2025.

(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, and -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 a determination that fatigue cracking 
may occur at the left-hand and right-hand wing manhole access panel 
attachment holes in the bottom wing skin panels 2, between rib 13 
and rib 23, on airplanes with Sharklets or their structural 
reinforcements installed. This AD was also prompted by a 
determination that additional airplanes are subject to the unsafe 
condition, and that certain structural repair manual

[[Page 9526]]

(SRM) tasks should not be used to accomplish repairs. 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, EASA AD 2024-0230, dated December 2, 2024 (EASA AD 
2024-0230).

(h) Exceptions to EASA AD 2024-0230

    (1) Where EASA AD 2024-0230 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2024-0230 refers to February 8, 2024 (the 
effective date of EASA AD 2024-0027 dated January 25, 2024), this AD 
requires using the effective date of this AD.
    (3) Where paragraph (2) of EASA AD 2024-0230 specifies ``any 
finding is detected as defined in the [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 ``any cracking is detected, the cracking 
must be repaired before further flight using a method approved by 
the Manager, AIR-520, Continued Operational Safety 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.''
    (4) This AD does not adopt the requirements of paragraph (4) of 
EASA AD 2024-0230.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0230.

(i) No Reporting Requirement

    Although the material referenced in EASA AD 2024-0230 specifies 
to submit certain information 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, AIR-
520, Continued Operational Safety 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, AIR-
520, Continued Operational Safety Branch, FAA, send it to the 
attention of the person identified in paragraph (k) of this AD and 
email 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, AIR-520, 
Continued Operational Safety Branch, FAA; or EASA; or Airbus SAS's 
EASA 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 material referenced in 
EASA AD 2024-0230 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, 2200 South 216th St., Des Moines, WA 
98198; phone: 817-222-5102; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2024-0230, 
dated December 2, 2024.
    (ii) [Reserved]
    (3) For the EASA material identified 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.
    (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 at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations, or email [email protected].

    Issued on February 7, 2025.
John P. Piccola, Jr.,
Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2025-02572 Filed 2-12-25; 8:45 am]
BILLING CODE 4910-13-P
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