31940 Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Rules and Regulations 

1Title X of the Dodd-Frank Wall Street Reform 

and Consumer Protection Act of 2010, Public Law 

111–203, 124 Stat. 1376, 1955–2113 (2010). 

2 12 U.S.C. 5481(14), (12). 

3As defined in 12 U.S.C. 5481(27), ‘‘[t]he term 

‘State’ means any State, territory, or possession of 

the United States, the District of Columbia, the 

Commonwealth of Puerto Rico, the Commonwealth 

of the Northern Mariana Islands, Guam, American 

Samoa, or the United States Virgin Islands or any 

federally recognized Indian tribe, as defined by the 

Secretary of the Interior under section 5131(a) of 

title 25.’’ 

4S. Rep. No. 111–176, at 16 (2010), https://

www.congress.gov/congressional-report/111thcongress/senate-report/176/1. 

transit to the packinghouse and while 

awaiting packing. Fruit must be packed 

in insect-proof cartons or containers, or 

covered with insect-proof mesh or a 

plastic tarpaulin for transport to the 

United States. During the time the 

packinghouse is in use for exporting 

avocado fruit to the United States, the 

packinghouse may only accept fruit 

from registered, approved production 

sites. 

• A sample of avocado fruit from each 

site of production must be inspected by 

the NPPO of Ecuador following any 

post-harvest processing. 

• Fruit presented for inspection at the 

port of entry to the United States must 

be identified in the shipping documents 

accompanying each lot of fruit to 

specify the production site or sites, in 

which the fruit was produced, and the 

packing shed or sheds, in which the 

fruit was processed. 

• Each consignment of avocados must 

be accompanied by a phytosanitary 

certificate issued by NPPO of Ecuador 

and providing an additional declaration 

stating that the fruit in the consignment 

has been produced in compliance with 

the requirements of the systems 

approach. 

Additional phytosanitary measures 

for varieties of Ecuador avocados other 

than Hass: 

• No other host of Anastrepha 

fraterculus, A, serpentina, A, striata, or 

Ceratitis capitata can be grown within 

100 meters of the edge of the avocado 

site of production. 

• The registered production sites 

must conduct trapping for Anastrepha 

spp. and Ceratitis capitata fruit flies in 

accordance with the operational 

workplan. 

• The NPPO must keep records of 

fruit fly detections for each trap, update 

the records each time the traps are 

checked, and make the records available 

to APHIS upon request. The records 

must be maintained for at least 1 year. 

• If Anastrepha spp. or Ceratitis 

capitata fruit flies trapped at a 

registered production site go above the 

threshold specified in the operational 

workplan, the avocados may still be 

exported, but only with an APHISapproved quarantine treatment. 

Irradiation treatment at 150 Gy (T105– 

a–1) is approved for all fruit flies. 

These conditions are described in 

further detail in the final RMD. In 

addition to these specific measures, 

fresh avocado fruit from continental 

Ecuador will be subject to the general 

requirements listed in § 319.56–3 that 

are applicable to the importation of all 

fruits and vegetables. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.), the recordkeeping and burden 

requirements associated with this action 

are covered under the Office of 

Management and Budget control 

number 0579–0049, which is updated 

every 3 years during the required 

renewal period. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this notice, please contact Mr. Joseph 

Moxey, APHIS’ Paperwork Reduction 

Act Coordinator, at (301) 851–2483. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this action as not a major 

rule, as defined by 5 U.S.C. 804(2). 

Authority: 7 U.S.C. 1633, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

Done in Washington, DC, this 23rd day of 

May 2022. 

Anthony Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2022–11367 Filed 5–25–22; 8:45 am] 

BILLING CODE 3410–34–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Chapter X 

Authority of States To Enforce the 

Consumer Financial Protection Act of 

2010 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Interpretive rule. 

SUMMARY: Section 1042 of the Consumer 

Financial Protection Act of 2010 (CFPA) 

generally authorizes States to enforce 

the CFPA’s provisions. The Consumer 

Financial Protection Bureau (Bureau) is 

issuing this interpretive rule to provide 

further clarity regarding the scope of 

State enforcement under section 1042 

and related provisions of the CFPA. 

Specifically, the Bureau is issuing the 

following interpretations: Section 1042 

allows States to enforce any provision of 

the CFPA, including section 

1036(a)(1)(A), a provision that makes it 

unlawful for covered persons or service 

providers to violate the Federal 

consumer financial laws; the limitations 

on the Bureau’s authority in sections 

1027 and 1029 generally do not 

constrain States’ enforcement authority 

under section 1042; and section 1042 

does not restrict States from bringing 

concurrent enforcement actions with the 

Bureau. 

DATES: This interpretive rule is effective 

on May 26, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Shiva Nagaraj, Senior Counsel, Legal 

Division, (202) 435–7700. If you require 

this document in an alternative 

electronic format, please contact CFPB_

Accessibility@cfpb.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Consumer Financial Protection 

Act of 2010 (CFPA) establishes the 

Consumer Financial Protection Bureau 

as the Federal government’s primary 

regulator of consumer financial 

products and services.1 The Bureau is 

charged with administering, 

interpreting, and enforcing the ‘‘Federal 

consumer financial laws,’’ a category 

that includes the CFPA itself, 18 

enumerated consumer laws (such as the 

Fair Credit Reporting Act and the Truth 

in Lending Act), and the laws for which 

authorities were transferred to the 

Bureau under subtitles F and H of the 

CFPA, as well as rules and orders issued 

by the Bureau under any of these laws.2

However, the Bureau is not the only 

enforcer of these laws. The CFPA 

recognizes the important role that States 

play in overseeing the consumer 

financial marketplace.3 As noted in a 

2010 Senate report on the financial 

crisis that precipitated the CFPA, 

‘‘[w]here [F]ederal regulators refused to 

act, the [S]tates stepped into the 

breach.’’ 4 These efforts were stymied, 

however, because ‘‘rather than 

supporting [States’] anti-predatory 

lending laws, [F]ederal regulators 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Rules and Regulations 31941 

5 Id. 

6 12 U.S.C. 5552(a)(1). With respect to national 

banks or Federal savings associations, State 

attorneys general may only ‘‘bring a civil action in 

the name of such State’’ in order ‘‘to enforce a 

regulation prescribed by the Bureau under a 

provision of this titleand to secure remedies under 

provisions of this titleor remedies otherwise 

provided under other law.’’ 12 U.S.C. 5552(a)(2). 

7 Id. 

8Pennsylvania v. Navient Corp., 967 F.3d 273, 

286 (3d Cir. 2020). 

9 12 U.S.C. 5536(a)(1)(B); see also id. 5531. 

10This interpretive rule is not intended as an 

exhaustive interpretation of section 1042. 

11As noted above, however, section 1042 does 

not allow State attorneys general to bring an 

enforcement action against national banks or 

Federal savings associations, except for violations 

of ‘‘a regulation prescribed by the Bureau under a 

provision of this title.’’ 12 U.S.C. 5552(a)(2). 

12 12 U.S.C. 5536(a)(1)(B). 

13 12 U.S.C. 5536(a)(1)(A); see also id. 5481(6) 

(defining ‘‘covered person’’), 5481(26) (defining 

‘‘service provider’’). 

14 12 CFR part 1024. 

15 12 CFR part 1026. 

16 12 CFR part 1006. 

17These orders can generally be found at https:// 

www.consumerfinance.gov/administrativeadjudication-proceedings/administrativeadjudication-docket/. 

18 12 U.S.C. 5552(a)(3). 

19 15 U.S.C. 1681s(c)(1). 

20 12 U.S.C. 2607(d)(4). 

21 15 U.S.C. 1640(e). 

preempted them.’’ 5 Thus, Congress 

provided States with their own Bureau 

enforcement authority. 

Generally, State attorneys general may 

‘‘bring a civil action in the name of such 

State in any district court of the United 

States in that State or in State court that 

is located in that State and that has 

jurisdiction over the defendant, to 

enforce provisions of this title [i.e., the 

CFPA] or regulations issued under this 

title, and to secure remedies under 

provisions of this titleor remedies 

otherwise provided under other law.’’ 6

Likewise, a ‘‘state regulator may bring a 

civil action or other appropriate 

proceeding to enforce the provisions of 

this title or regulations issued under this 

title with respect to any entity that is 

State-chartered, incorporated, licensed, 

or otherwise authorized to do business 

under State law . . . and to secure 

remedies under provisions of this title 

or remedies otherwise provided under 

other provisions of law with respect to 

such an entity.’’ 7 State attorneys general 

and regulators are required to consult 

the Bureau before initiating an action or 

proceeding under section 1042, in 

accordance with section 1042(b) and 12 

CFR part 1082. 

Section 1042, as one court has 

explained, allows States to vindicate 

their ‘‘fundamental right to protect their 

citizens and prevent harmful conduct 

from occurring in their jurisdictions’’ 

and gives them tools ‘‘to pick up slack 

when the [F]ederal Government fails to 

enforce and regulate.’’ 8

Since the CFPA was enacted, many 

States have relied on section 1042 to 

bring civil enforcement actions, on their 

own or in joint or coordinated filings 

with the Bureau, to enforce a provision 

of the CFPA that prohibits unfair, 

deceptive, and abusive acts and 

practices in connection with the offering 

or provision of consumer financial 

products or services.9 Some States have 

also joined the Bureau in alleging 

violations of the CFPA’s prohibition on 

covered persons and service providers 

violating other enumerated Federal 

consumer financial laws, but few have 

pursued such claims in their own CFPA 

actions. The Bureau is issuing this 

interpretive rule regarding several 

important aspects of section 1042.10

III. Analysis 

A. States’ Authority Under Section 1042 

To Address Violations of Federal 

Consumer Financial Laws 

CFPA section 1042 authorizes State 

attorneys general and State regulators to 

bring an enforcement action to pursue 

violations of section 1036(a)(1)(A), 

which makes it unlawful for a covered 

person or service provider to violate any 

Federal consumer financial law.11

As noted above, section 1042(a) 

generally authorizes States to bring civil 

actions ‘‘to enforce provisions of [the 

CFPA].’’ One such provision of the 

CFPA, section 1036(a)(1)(B), states that 

it is unlawful for any ‘‘covered person’’ 

or ‘‘service provider’’ to ‘‘engage in any 

unfair, deceptive, or abusive act or 

practice.’’ 12 States can thus rely on 

section 1042(a) to pursue an 

enforcement action against a covered 

person or service provider that commits 

an unfair, deceptive, or abusive act or 

practice, and many States have filed 

such enforcement actions. 

Additionally, another provision of the 

CFPA, section 1036(a)(1)(A), declares it 

unlawful for any ‘‘covered person’’ or 

‘‘service provider’’ to ‘‘offer or provide 

to a consumer any financial product or 

service not in conformity with Federal 

consumer financial law, or otherwise 

commit any act or omission in violation 

of a Federal consumer financial law.’’ 13

Because section 1036(a)(1)(A) is a 

‘‘provision of [the CFPA],’’ States may 

use their section 1042 authority to 

enforce section 1036(a)(1)(A) against 

covered persons or service providers. 

Thus, when a covered person or service 

provider violates any of the Federal 

consumer financial laws, section 1042 

gives States authority to address that 

violation by bringing a claim under 

section 1036(a)(1)(A) of the CFPA. 

As explained above, the ‘‘Federal 

consumer financial laws’’ are the CFPA, 

the enumerated consumer laws, the 

laws for which authorities are 

transferred under subtitles F and H of 

the CFPA, and any rule or order 

prescribed by the Bureau under the 

CFPA, an enumerated consumer law, or 

pursuant to the authorities transferred 

under subtitles F and H. The 

enumerated consumer laws are the 18 

laws referred to in section 1002(12) of 

the CFPA. Rules prescribed by the 

Bureau include, for example, the rules 

implementing the Real Estate Settlement 

Procedures Act (Regulation X),14 the 

Truth in Lending Act (Regulation Z),15

and the Fair Debt Collection Practices 

Act (Regulation F).16 Orders prescribed 

by the Bureau include, for example, 

consent orders and other final orders 

issued by the Bureau under sections 

1053 and 1055 of the CFPA.17

States’ authority to pursue violations 

of the CFPA is, of course, supplemental 

to the authority States may already have 

to enforce the Federal consumer 

financial laws. Several enumerated 

consumer laws authorize States to bring 

actions to enforce the substantive 

provisions of those laws. Section 

1042(a)(3) of the CFPA clarifies that it 

does not ‘‘modify[ ], limit[ ], or 

supersed[e] the operation of any [such] 

provision of an enumerated consumer 

law.’’ 18 As a result, States can enforce 

those laws to the full extent authorized 

under those laws—including against 

entities that are not covered persons or 

service providers (and thus not subject 

to liability under section 1036(a)(1)(A)) 

and including against national banks 

and Federal savings associations. For 

example, the Fair Credit Reporting Act 

allows States to bring enforcement 

actions against any person violating that 

statute, including users of consumer 

reports that are not themselves covered 

persons or service providers.19 The Real 

Estate Settlement Procedures Act 

authorizes States to enforce the antikickback rule against those who profit 

from kickbacks but are not actually 

providing settlement services, and thus 

may not be covered persons.20 And the 

Truth in Lending Act authorizes States 

to enforce provisions of that statute 

against national banks and Federal 

savings associations.21 Thus, States may 

bring such claims even if they could not 

bring similar claims against such a 

defendant under section 1036(a)(1)(A). 


khammond on DSKJM1Z7X2PROD with RULES
31942 Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Rules and Regulations 

22 12 U.S.C. 5517. Each of these exclusions is 

subject to various exceptions as detailed in section 

1027(a) through (l) and (n). 

23 12 U.S.C. 5519. As with the section 1027 

limitations, this limitation is also subject to various 

exceptions as detailed in section 1029. 

24 12 U.S.C. 5517(e). 

25 12 U.S.C. 5519(a). 

26 12 U.S.C. 5517(a)(2)(E). 

27See, e.g., Russello v. United States, 464 U.S. 16, 

23 (1983) (‘‘[W]here Congress includes particular 

language in one section of a statute but omits it in 

another section of the same Act, it is generally 

presumed that Congress acts intentionally and 

purposely in the disparate inclusion or 

exclusion.’’). 

28Navient Corp., 967 F.3d at 287. 

29 12 U.S.C. 5514(c)(3). 

30 12 U.S.C. 5538(b)(6). 

31See, e.g., Russello, 464 U.S. at 23 (‘‘[W]here 

Congress includes particular language in one 

section of a statute but omits it in another section 

of the same Act, it is generally presumed that 

Congress acts intentionally and purposely in the 

disparate inclusion or exclusion.’’). 

32 12 U.S.C. 5512(b)(1). 

33 5 U.S.C. 553(b). 

34 5 U.S.C. 603(a), 604(a). 

35 44 U.S.C. 3501–3521. 

36 5 U.S.C. 801 et seq. 

B. Limitations on States’ Enforcement 

Authority Under Section 1042 

The enforcement authority of States 

under section 1042 is generally not 

subject to certain limits applicable to 

the Bureau’s enforcement authority. 

Sections 1027 and 1029 of the CFPA 

set limits on the Bureau’s enforcement 

authority. Under section 1027, the 

Bureau is subject to limits on its 

authority with respect to merchants, 

retailers, and other sellers of 

nonfinancial goods; real estate brokerage 

activities; retailers of manufactured or 

modular homes; accountants and tax 

preparers; attorneys engaged in the 

practice of law; persons regulated by a 

State insurance regulator; products or 

services that relate to specified 

employee benefit and compensation 

plans; persons regulated by a State 

securities commission; persons 

regulated by the Securities and 

Exchange Commission; persons 

regulated by the Commodity Futures 

Trading Commission; persons regulated 

by the Farm Credit Administration; and 

activities related to charitable 

contributions.22 Similarly, under 

section 1029, the Bureau is limited in 

exercising authority with respect to a 

motor vehicle dealer that is 

predominantly engaged in the sale and 

servicing of motor vehicles, the leasing 

and servicing of motor vehicles, or 

both.23

With one exception discussed below, 

each of these limitations expressly 

applies to only the ‘‘Bureau’’ or the 

Bureau’s ‘‘Director.’’ For example, under 

section 1027(e), ‘‘the Bureau may not 

exercise any supervisory or enforcement 

authority with respect to an activity 

engaged in by an attorney as part of the 

practice of law under the laws of a State 

in which the attorney is licensed to 

practice law,’’ except as specified.24

Likewise, under section 1029(a), ‘‘the 

Bureau may not exercise any 

rulemaking, supervisory, enforcement or 

any other authority, including any 

authority to order assessments, over a 

motor vehicle dealer that is 

predominantly engaged in the sale and 

servicing of motor vehicles, the leasing 

and servicing of motor vehicles, or 

both,’’ except as specified.25

Because Congress applied these 

limitations in sections 1027 and 1029 

only to the Bureau, they do not extend 

to States exercising their enforcement 

authority under section 1042. Indeed, 

Congress used different language in the 

one exclusion that it intended to apply 

to States, the limitation on sellers of 

nonfinancial goods: ‘‘To the extent that 

the Bureau may not exercise authority 

under this subsection with respect to a 

merchant, retailer, or seller of 

nonfinancial goods or services, no 

action by a State attorney general or 

State regulator with respect to a claim 

made under this titlemay be brought 

under [section 1042], with respect to an 

activity described in any of clauses (i) 

through (iii) of subparagraph (A) by 

such merchant, retailer, or seller of 

nonfinancial goods or services.’’ 26

Because Congress did not similarly 

extend the exclusions to States in other 

provisions of 1027 and 1029, and 

instead applied them only to the 

Bureau, those exclusions do not extend 

to States.27

C. States May Pursue Actions Under 

Section 1042 Even While the Bureau Is 

Pursuing a Concurrent Action 

State attorneys general and regulators 

may bring (or continue to pursue) 

actions under section 1042 even if the 

Bureau is pursuing a concurrent action 

against the same entity. As explained by 

the Third Circuit, ‘‘the clear statutory 

language of the Consumer [Financial] 

Protection Act permits concurrent 

[S]tate claims, for nothing in the 

statutory framework suggests 

otherwise.’’ 28

When Congress intended to preclude 

concurrent CFPA actions, it expressly 

did so. There are multiple places within 

the CFPA where Congress made clear 

that concurrent actions should not occur 

or that one agency should take primary 

enforcement role over other agencies. 

For example, with respect to 

nondepository covered persons, if the 

Bureau or the Federal Trade 

Commission (FTC) has filed an action 

asserting certain violations of the CFPA, 

the other agency is prohibited during 

the pendency of the action from 

instituting ‘‘a civil action under such 

provision of law against any defendant 

named in the complaint in such 

pending action for any violation alleged 

in the complaint.’’ 29 Likewise, Congress 

limited States’ ability to enforce rules 

relating to mortgage loan modification 

and foreclosure rescue services during 

the pendency of enforcement activity by 

either the Bureau or the FTC.30 Finally, 

Congress can—and did—designate the 

Bureau as holding primary CFPA 

enforcement authority among Federal 

regulators, limiting other agencies to the 

position of backup enforcement or 

precluding their authority to enforce 

entirely. Congress made that decision 

regarding supervised nondepository 

covered persons and very large banks, 

savings associations, and credit unions 

in sections 1024(c) and 1025(c), limiting 

the possibility of concurrent 

enforcement activity by the Bureau and 

certain Federal agencies. In short, when 

Congress seeks to limit concurrent 

statutory enforcement activity, it knows 

how to do so.31 It did not exercise that 

option with respect to section 1042. 

V. Regulatory Matters 

This is an interpretive rule issued 

under the Bureau’s authority to interpret 

the CFPA, including under section 

1022(b)(1) of the CFPA, which 

authorizes guidance as may be 

necessary or appropriate to enable the 

Bureau to administer and carry out the 

purposes and objectives of Federal 

consumer financial laws, such as the 

CFPA.32

As an interpretive rule, this rule is 

exempt from the notice-and-comment 

rulemaking requirements of the 

Administrative Procedure Act.33

Because no notice of proposed 

rulemaking is required, the Regulatory 

Flexibility Act does not require an 

initial or final regulatory flexibility 

analysis.34 The Bureau has also 

determined that this interpretive rule 

does not impose any new or revise any 

existing recordkeeping, reporting, or 

disclosure requirements on covered 

entities or members of the public that 

would be collections of information 

requiring approval by the Office of 

Management and Budget under the 

Paperwork Reduction Act.35

Pursuant to the Congressional Review 

Act,36 the Bureau will submit a report 

containing this interpretive rule and 

other required information to the United 

States Senate, the United States House 


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Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Rules and Regulations 31943 

of Representatives, and the Comptroller 

General of the United States prior to the 

rule’s published effective date. The 

Office of Information and Regulatory 

Affairs has designated this interpretive 

rule as not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2). 

Rohit Chopra, 

Director, Consumer Financial Protection 

Bureau. 

[FR Doc. 2022–11356 Filed 5–25–22; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0888; Project 

Identifier MCAI–2021–00676–T; Amendment 

39–22036; AD 2022–09–16] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Airbus SAS Model A318 series; A319– 

111, –112, –113, –114, –115, –131, –132, 

–133, –151N, and –153N; A320 series; 

and A321 series airplanes. This AD was 

prompted by a determination that new 

or more restrictive airworthiness 

limitations are necessary. This AD 

requires revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

incorporated by reference. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective June 30, 

2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of June 30, 2022. 

ADDRESSES: For material incorporated 

by reference (IBR) in this AD, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

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 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–2021–0888. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0888; 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. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

Large Aircraft Section, FAA, 

International Validation Branch, 2200 

South 216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3229; email 

vladimir.ulyanov@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2021–0140, 

dated June 14, 2021 (EASA AD 2021– 

0140) (also referred to as the MCAI), to 

correct an unsafe condition for all 

Airbus A318–111, A318–112, A318– 

121, A318–122, A319–111, A319–112, 

A319–113, A319–114, A319–115, A319– 

131, A319–132, A319–133, A319–151N, 

A319–153N, A320–211, A320–212, 

A320–214, A320–215, A320–216, A320– 

231, A320–232, A320–233, A320–251N, 

A320–252N, A320–253N, A320–271N, 

A320–272N, A320–273N, A321–111, 

A321–112, A321–131, A321–211, A321– 

212, A321–213, A321–231, A321–232, 

A321–251N, A321–251NX, A321–252N, 

A321–252NX, A321–253N, A321– 

253NX, A321–271N, A321–271NX, 

A321–272N, and A321–272NX 

airplanes. Model A320–215 airplanes 

are not certificated by the FAA and are 

not included on the U.S. type certificate 

data sheet; this AD therefore does not 

include those airplanes in the 

applicability. 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Airbus SAS Model 

A318 series; A319–111, –112, –113, 

–114, –115, –131, –132, –133, –151N, 

and –153N; A320 series; and A321 

series airplanes. The NPRM published 

in the Federal Register on October 28, 

2021 (86 FR 59662). The NPRM was 

prompted by a determination that new 

or more restrictive airworthiness 

limitations are necessary. The NPRM 

proposed to require revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations, as 

specified in EASA AD 2021–0140. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received comments from the 

Air Line Pilots Association, 

International (ALPA) and American 

Airlines. The ALPA supported the 

NPRM without change. The following 

presents the comment received on the 

NPRM and the FAA’s response. 

Request To Revise Paragraph To 

Correct Task Reference Error 

American Airlines (AAL) requested a 

change in paragraph (j) of the proposed 

AD to correct an incorrect task 

reference. AAL stated that incorporating 

Task 531135–03–1 actually terminates 

Task 531135–01–2, as determined by 

Airworthiness Limitations Section 

(ALS) Part 2, Variation 8.5, not Task 

531135–03–2, as indicated in the 

proposed AD. 

The FAA agrees with the request and 

has revised paragraph (j) of this AD to 

indicate the correct task number. 

Conclusion 

The FAA reviewed the relevant data, 

considered the comment received, and 

determined that air safety requires 

adopting this AD as proposed. Except 

for minor editorial changes, and any 

other changes described previously, this 

AD is adopted as proposed in the 

NPRM. None of the changes will 

increase the economic burden on any 

operator. Accordingly, the FAA is 

issuing this AD to address the unsafe 

condition on these products. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2021–0140 describes new 

or more restrictive airworthiness 

limitations for airplane structures and 

safe life limits. 

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 1,728 airplanes of U.S. registry. 


khammond on DSKJM1Z7X2PROD with RULES