[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Rules and Regulations]
[Pages 76407-76410]
[FR Doc No: 2022-27017]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0471; Project Identifier MCAI-2021-01219-T;
Amendment 39-22253; AD 2022-24-13]
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) 2021-22-
04, which applied to all Airbus SAS Model A318-111, -112, -121, and -
122 airplanes, Model A319-111, -112, -113, -114, -115, -131, -132, and
-133 airplanes, Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes, and Model A321-111, -112, -131, -211, -212, 213, -231, and -
232 airplanes. AD 2021-22-04 required a one-time eddy current
conductivity measurement of certain structural parts of the outer flaps
to determine if the incorrect alloy was used, and replacement if
necessary; and also required a one-time eddy current conductivity
measurement of certain other structural parts of the outer flaps to
determine if the parts were properly heat treated, and replacement if
necessary. This AD was prompted by the issuance of an updated list of
suspected parts, including those that may have been improperly heat
treated. This AD continues to require the actions in AD 2021-22-04, and
requires using an updated list of suspected parts, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. This AD also limits the installation of affected parts.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective January 18, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 18,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0471; 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 (IBR) 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 IBR 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<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-0471.

FOR FURTHER INFORMATION CONTACT: Hye Yoon Jang, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-22-04, Amendment 39-21777 (86 FR
64801, November 19, 2021) (AD 2021-22-04). AD 2021-22-04 applied to all
Airbus SAS Model A318-111, -112, -121, and -122 airplanes, Model A319-
111, -112, -113, -114, -115, -131, -132, and -133 airplanes, Model
A320-211, -212, -214, -216, -231, -232, and -233 airplanes, and Model
A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. The
FAA issued AD 2021-22-04 to address structural parts that may not meet
the certified life limit, which could result in failure of the flap
trailing edge and reduced controllability of the airplane.

    The NPRM published in the Federal Register on May 5, 2022 (87 FR
26702). The NPRM was prompted by AD 2021-0229, dated November 5, 2021,
issued by EASA (EASA AD 2021-0229) (referred to after this as the
MCAI). The MCAI states that a quality control review determined that
the wrong aluminum alloy was used to manufacture several structural
parts. The MCAI also states that an updated list of suspected parts,
including those that may have been improperly heat treated, has been
issued.
    In the NPRM, the FAA proposed to continue to require the actions in
AD 2021-22-04, and to require using an updated list of suspected parts,
as specified in EASA AD 2021-0229. The NPRM also proposed to limit the
installation of affected parts. The FAA is issuing this AD to address
structural parts that may not meet the certified life limit, which
could result in failure of the flap trailing edge and reduced
controllability of the airplane. See the MCAI for additional background
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from United Airlines who supported the
NPRM without change.
    The FAA received additional comments from one commenter, Delta Air
Lines (DAL). The following presents the comments received on the NPRM
and the FAA's response to each comment.

Request for Clarification on Parts Installation Limitation

    DAL requested that the FAA clarify if the exception for the parts
installation limitation stated in paragraph (h)(4) of the proposed AD
should be used in lieu of or in addition to the parts installation
limitation language in paragraphs (6) and (7) of EASA AD 2021-0229. DAL
explained that paragraph (h)(4) of the proposed AD is an exception to
the requirements of paragraphs (6) and (7) of EASA AD 2021-0229, which
mandate a parts installation limitation for affected outer flaps and
flap tabs. DAL reasoned that the language in paragraph (h)(4) of the
proposed AD could be confusing for operators because it does not
specify whether the parts installation limitation should be used in
lieu of or in addition to paragraphs (6) and (7) of EASA AD 2021-0229.
DAL explained that because paragraphs (6) and (7) of EASA AD 2021-0229
mandate parts installation limitations, it interprets the exception in
paragraph (h)(4) of the proposed AD is intended to be used in lieu of
paragraphs (6) and (7) of EASA AD 2021-0229. DAL requested confirmation
of this interpretation and, if necessary, a revision of the verbiage in
paragraph (h)(4) of the proposed AD.
    The FAA agrees to clarify. Paragraph (g) of this AD states that
operators must comply with all required actions and compliance times
specified in, and in accordance with, EASA AD 2021-0229 except as
specified in paragraph (h) of this AD. Paragraph (h)(4) of this AD
specifies the exception regarding parts installation limitations and is
intended to be used in lieu of the parts installation limitations
specified in paragraphs (6) and (7) of EASA AD 2021-0229. The FAA has
not changed the AD in this regard.

Request for a New Exception and a New Definition for Suspected Parts

    DAL requested that the FAA modify paragraph (h) of the proposed AD
to include a new exception to EASA AD 2021-0229 that allows operators
to use the part manufacturing date when determining whether a part is a
``serviceable part,'' a ``suspected improper heat treatment (IHT)
part,'' or a ``suspected wrong material (WM) part,'' as defined in EASA
AD 2021-0229.
    DAL explained that in EASA AD 2021-0229, the definitions of
``suspected IHT part'' and ``suspected WM part'' are based on an
operator's ability to positively identify the serial number of the
outer flaps and flap tabs. DAL added that, per these definitions, if a
serial number cannot be identified, the part is considered suspect and
is subject to all ``Group 1'' requirements. DAL pointed out that
paragraph (4) of EASA AD 2021-0229 allows operators to exclude
airplanes from the requirements of paragraph (1) of EASA AD 2021-0229
if the following criteria is met:
     Airplane manufacturer serial number is NOT listed in
Appendix 1 or 2 of EASA AD 2021-0229.
     It has been determined through use of airplane delivery
and/or maintenance records that no suspected IHT or WM part is
installed on that airplane, provided the serial number of the part can
be positively identified.
    DAL added that paragraph (4) of EASA AD 2021-0229, like the
definitions of ``suspected IHT part'' and ``suspected WM part,'' is
based on an operator's ability to positively identify the serial number
of the outer flaps and flap tabs.
    DAL reasoned that flap tab serial number data is not available in
the airplane delivery records, so positive serial number identification
cannot be completed without reviewing the physical data plate of the
part. DAL noted that it is in the process of inspecting the flap tab
data plates to collect this information and has found that while in-
service, the condition of the flap tab data plates (specifying serial
numbers) has degraded such that the serial number cannot be positively
identified. DAL noted that, in its experience, the part's date of
manufacture is specified on the data plate and it stated that Airbus
has confirmed that this correlates to the ``reference date'' column in
Appendices 1 and 2 of EASA AD 2021-0229. DAL explained that in some
instances where the part serial number cannot be positively identified,
the part date of manufacture can be positively identified.
    DAL noted that the ``Reason'' paragraph of EASA AD 2021-0229 states
``From February 2013, Airbus implemented measures into the
manufacturing processes to ensure detection and prevention of
installation of improperly heat-treated parts or parts manufactured
with wrong material.'' Because of this, DAL stated that it believes
that any part manufactured after February 2013 cannot be a ``suspected
part'' since the manufacturing problem was resolved after this date.
DAL reasoned that this aligns with Appendix 1 and 2 of EASA AD 2021-
0229 ``reference dates'' (which correlate to the part's date of
manufacture), where the latest date from either the suspected IHT part
or suspected WM part is June 26, 2013. DAL stated that it believes that
parts meeting the following criteria should not be considered a
``suspect (IHT or WM) part'':
     The serial number cannot be positively identified, but the
date of manufacture is positively identified.
     The date of manufacture is NOT included in Appendix 1 or 2
of EASA AD 2021-0229 in the ``reference date'' column.
    DAL proposed a revision to the proposed AD to allow using the date
of manufacture to identify suspected parts and to revise the credit
specified in paragraph (4) of EASA AD 2021-0229 to include a similar
provision.
    The FAA does not agree with the commenter's request. EASA, as the
state of design authority, does not provide a provision for using the
date of manufacturer for identification of suspected part. The
commenter did not provide adequate supporting documentation to justify
its request. However, under the provisions of paragraph (j)(1) of this
AD, the FAA will consider requests for approval of an

alternative method to identify suspected parts if sufficient data are
submitted to substantiate that the proposal would provide an acceptable
level of safety. The FAA has not changed this AD in this regard.

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
comments 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 these products. 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 2021-0229 specifies procedures for a one-time eddy current
conductivity measurement of certain structural parts of the outer flaps
to determine if the incorrect alloy was used, and replacement if
necessary; and a one-time eddy current conductivity measurement of
certain other structural parts of the outer flaps to determine if the
parts were properly heat treated, and replacement if necessary. EASA AD
2021-0229 also limits the installation of affected parts. 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 63 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-21-04...  5 work-hours x $85 per                $0            $425         $26,775
                                         hour = $425.
New proposed actions..................  5 work-hours x $85 per                 0             425          26,775
                                         hour = $425.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition replacement specified in this AD.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.

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) 2021-22-04, Amendment 39-21777
(86 FR 64801, November 19, 2021); and
0
b. Adding the following new AD:

2022-24-13 Airbus SAS: Amendment 39-22253; Docket No. FAA-2022-0471;
Project Identifier MCAI-2021-01219-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 18, 2023.

(b) Affected ADs

    This AD replaces AD 2021-22-04, Amendment 39-21777 (86 FR 64801,
November 19, 2021) (AD 2021-22-04).

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a quality control review, which
determined that the wrong aluminum alloy was used to manufacture
several structural parts and by the issuance of an updated list of
suspected parts, including those that may have been improperly heat
treated. The FAA is issuing this AD to address structural parts that
may not meet the certified life limit, which could result in failure
of the flap trailing edge and reduced controllability 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
2021-0229, dated November 5, 2021 (EASA AD 2021-0229).

(h) Exceptions to EASA AD 2021-0229

    (1) Where EASA AD 2021-0229 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0299 refers to August 19, 2020 (the
effective date of EASA AD 2020-0174), this AD requires using
December 27, 2021 (the effective date of AD 2021-22-04).
    (3) The ``Remarks'' section of EASA AD 2021-0229 does not apply
to this AD.
    (4) Where paragraphs (6) and (7) of EASA AD 2021-0229 mandate a
parts installation limitation, this AD requires the following parts
installation limitation: As of December 27, 2021 (the effective date
of AD 2021-22-04), only serviceable parts as defined in EASA AD
2021-0229 are allowed to be installed on any airplane.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0229
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,
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 (k) of this AD. Information may be emailed 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, 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 (j)(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.

(k) Related Information

    For more information about this AD, contact Hye Yoon Jang,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(l) 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 2021-0229,
dated November 5, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0229, 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.
    (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<PHONE_NUMBER>.
    (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 November 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-27017 Filed 12-13-22; 8:45 am]
BILLING CODE 4910-13-P


Objective

Evaluate the potential exposure of workers to inhalable and respirable
polyurethane (PU) dust and pMDI during the post-application trimming /
cutting of half pound open cell & two pound sprayed PU foam insulation
(SPFI) in interior applications.

Personal samples (within 30cm of the breathing zone) will be collected
for total inhalable particulates (TIP), respirable particulates (RP) &
pMDI on workers involved in cutting and trimming sprayed PU foam
insulation to evaluate worker exposure potential.

Source samples (within 30 cm of the area being trimmed and downwind of
it) will be collected for TIP to measure the maximum concentrations of
particulates produced by the trimming.

Sampling times will be as long as is reasonably practical (to increase
sensitivity) and will be representative of the work practices undertaken
by workers trimming sprayed PU foam insulation.

g/m3.

SPFI Trimming Experimental Procedure & Sampling Plan

The experiment will be carried out in an SPFI development laboratory
situation so that conditions can be controlled

No experiments will take place at least 24 hours before the experiment
in same room and no experiments will take place during the test which
could interfere with the tests.

Local exhaust ventilation will not be used.

Temperature, relative humidity, room air changes per hour, and room air
current direction in the vicinity of the trimming will be recorded.

The application and trimming operations will be videotaped for
documentation and explanation purposes

Area background (blank) samples (TIP, RP, pMDI) will be taken facing the
room air current a few meters away from the operation before the SPFI is
applied.

SPFI (a representative ½ lb or 2 lb formulation) will be applied to a
model wall section using normal commercial application techniques and
application rates.  The SPFI formulation and application conditions will
be chosen to produce foam with the highest potential to generate dust
(i.e., for closed cell foam, application will be a temperature below 70
degrees F). The SPFI will be applied in such a way that post-application
trimming will be needed.

After a curing time of 1-2 hours, the foam will be trimmed using each
applicable trimming technique (see table below) for a total trimming
time of at least 15 minutes.  The duration of use of each technique will
be recorded.

Trimming Technique	½ lb (Open Cell) SPFI	2 lb (Closed Cell) SPFI

Foam Knife	X	n/a

Foam Planer	X	X

Grinder / Sander	n/a	X

Hand Scraper (e.g., putty knife, curry comb, ice spud)	X	X

A single personal sample of each type (TIP, RP, pMDI) will represent
composite exposure during all the trimming operations with the SPFI wall
section.

A single source sample (TIP) will represent composite particulate
concentration during all the trimming operations with the SPFI wall
section

Steps 2 - 5 will be repeated with the same SPFI formulation as a
replicate.

Steps 2 - 6 will be repeated with the remaining SPFI formulation.

Sampling & Analytical Methods

Particulates (TIP & RP)

TIP samples will be collected using IOM samplers equipped with
appropriate membrane filters.

RP samples will be collected using appropriate membrane filters equipped
with cyclonic pre-selectors operated at the flow rate to give the
appropriate cutpoint.

The concentration of particulate deposited on the filters will
determined gravimetrically using a microbalance.

Following the gravimetric determinations, the organic content of the
collected particulate will be determined by C, H & N measurements.

Particulate sampling will be carried out in accordance with
international standards, e.g.:

ISO 15767:2009 - Workplace atmospheres. Controlling and characterizing
uncertainty in weighing collected aerosols

MDHS 14/3 - General methods for sampling and gravimetric analysis of
respirable and inhalable dust.

CEN/TR 15230 - Workplace atmospheres - Guidance for sampling of
inhalable, thoracic and respirable aerosol fractions

Polymeric MDI (pMDI)

pMDI samples will be collected using 13-mm samplers equipped with binder
free GF filter impregnated with an appropriate derivatising reagent,
e.g., 1,2MP, 1,2-PP, or MAP

After sampling, filters will be immediately desorbed in the field and
returned to the laboratory for analysis.

All samples will be analysed for monomeric MDI and MDI trimer using
liquid chromatography

pMDI sampling will be carried out in accordance with methods currently
used by MDI producers in the US.

:  DUST & MDI MEASUREMENTS DURING TRIMMING OF SPRAYED POLYURETHANE FOAM
INSULATION

MS  AUTHOR    	Page   PAGE  1  of   NUMPAGES  2 	    12 Nov 2009