Proposed Rule2022-26976
Airworthiness Directives; Airbus SAS Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 13, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2019-18-07, which applies to certain 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. AD 2019-18-07 requires repetitive rototest inspections of the open tack holes and rivet holes at the cargo floor support fittings of the fuselage, including doing all applicable related investigative actions and repair if necessary. AD 2019-18-07 also adds actions (modification) for certain airplanes. Since the FAA issued AD 2019-18-07, it was determined that certain airplanes need to do additional work. This proposed AD would continue to require the actions in AD 2019-18-07 and would require additional work for certain airplanes, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 238 (Tuesday, December 13, 2022)</title>
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[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Proposed Rules]
[Pages 76155-76158]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26976]
[[Page 76155]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1581; Project Identifier MCAI-2022-00803-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-18-07, which applies to certain 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. AD 2019-18-07 requires
repetitive rototest inspections of the open tack holes and rivet holes
at the cargo floor support fittings of the fuselage, including doing
all applicable related investigative actions and repair if necessary.
AD 2019-18-07 also adds actions (modification) for certain airplanes.
Since the FAA issued AD 2019-18-07, it was determined that certain
airplanes need to do additional work. This proposed AD would continue
to require the actions in AD 2019-18-07 and would require additional
work for certain airplanes, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference (IBR). The FAA is proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments on this proposed AD by January 27,
2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1581; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#d09194a390b5b1a3b1feb5a5a2bfa0b1feb5a5"><span class="__cf_email__" data-cfemail="3071744370555143511e5545425f40511e5545">[email protected]</span></a>; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu. It is
also available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-1581.
<bullet> You may view this service information 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: Hye Yoon Jang, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 817-222-5584; email
<a href="/cdn-cgi/l/email-protection#89e1f0eca7f0e6e6e7a7e3e8e7eec9efe8e8a7eee6ff"><span class="__cf_email__" data-cfemail="c7afbea2e9bea8a8a9e9ada6a9a087a1a6a6e9a0a8b1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1581; Project Identifier
MCAI-2022-00803-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
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Hye
Yoon Jang, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone 817-222-5584; email <a href="/cdn-cgi/l/email-protection#533b2a367d2a3c3c3d7d39323d34133532327d343c25"><span class="__cf_email__" data-cfemail="640c1d014a1d0b0b0a4a0e050a03240205054a030b12">[email protected]</span></a>. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
The FAA issued AD 2019-18-07, Amendment 39-19734 (84 FR 50721,
September 26, 2019) (AD 2019-18-07), for certain 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. AD
2019-18-07 was prompted by MCAI originated by EASA, which is the
Technical Agent for the Member States of the European Union. EASA
issued AD 2018-0233R1, dated November 28, 2018 (EASA AD 2018-0233R1),
to correct an unsafe condition.
AD 2019-18-07 requires repetitive rototest inspections of the open
tack holes and rivet holes at the cargo floor support fittings of the
fuselage, including doing all applicable related investigative actions,
and repair if necessary. AD 2019-18-07 also adds actions (modification)
for certain airplanes The FAA issued AD 2019-18-07 to address cracking
in the open tack holes and rivet holes at the cargo floor support
fittings of the fuselage. This condition, if not addressed, could
affect the structural integrity of the airplane.
AD 2019-18-07 superseded AD 2015-17-14, Amendment 39-18247 (80 FR
52182, August 28, 2015) (AD 2015-17-14). AD 2019-18-07 was based on
further analysis and widespread fatigue damage (WFD) evaluations which
identified the need to reduce the initial compliance times and
repetitive intervals specified in AD 2015-17-14
[[Page 76156]]
for the inspections for certain airplanes, and to add work for certain
airplanes.
Actions Since AD 2019-18-07 Was Issued
Since the FAA issued AD 2019-18-07, EASA superseded EASA AD 2018-
0233R1, and issued EASA AD 2022-0115, dated June 20, 2022 (EASA AD
2022-0115) (also referred to as the MCAI), to correct an unsafe
condition for certain A319-111, -112, -113, -114, -115, -131, -132, and
-133 airplanes; Model A320-211, -212, -214, -215, -216, -231, -232, and
-233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 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 MCAI states that new technical considerations
identified the need to introduce additional work for certain airplanes
previously modified as specified in AD 2019-18-07. The MCAI also states
that cracking in the open tack holes and rivet holes at the cargo floor
support fittings of the fuselage, if not addressed, could affect the
structural integrity of the airplane.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1581.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2019-18-07, this proposed AD would retain all of the
requirements of AD 2019-18-07. Those requirements are referenced in
EASA AD 2022-0115, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0115 specifies repetitive inspections of the open tack
holes and rivet holes of the fuselage frames below the cargo floor
support fittings for cracking, including doing all applicable related
investigative actions (inspections of the related frame layer (vertical
web/horizontal flange) for cracking) and repair. EASA AD 2022-0115 also
specifies procedures for modification of the fuselage (including
replacing the shear webs and certain frame clips, adding additional
support angles, and cold expanding one tack hole and one tooling home
in each frame). EASA AD 2022-0115 also specifies procedures for
additional work for certain Model A321 airplanes previously modified as
specified AD 2019-18-07. The additional work includes replacing
affected fasteners on frames 62 and 63 after doing a rototest for
cracking, cold working the fastener holes, and repair.
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 the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0115 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 2022-0115 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0115 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2022-0115 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2022-
0115. Service information required by EASA AD 2022-0115 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-1581
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1,267 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Retained actions from AD 2019-18- Up to 474 work-hours $13,000 Up to $53,290....... Up to $67,518,430.
07. x $85 per hour = Up
to $40,290.
New proposed actions............. 28 work-hours x $85 50 $2,430.............. $2,430 per product.
per hour = $2,380.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data that would enable the
agency to provide 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
[[Page 76157]]
unsafe condition that is likely to exist or develop on products
identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2019-18-07, Amendment 39-19734
(84 FR 50721, September 26, 2019); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2022-1581; Project Identifier MCAI-2022-
00803-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 27, 2023.
(b) Affected ADs
This AD replaces AD 2019-18-07, Amendment 39-19734 (84 FR 50721,
September 26, 2019) (AD 2019-18-07).
(c) Applicability
This AD applies to 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; certificated in any
category, as identified in European Aviation Safety Agency (EASA) AD
2022-0115, dated June 20, 2022 (EASA AD 2022-0115).
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by widespread fatigue damage (WFD)
evaluations and full-scale fatigue testing that revealed several
broken frames in certain areas of the cargo compartment, and by the
determination that additional work is needed for certain airplanes.
The FAA is issuing this AD to address cracking in the open tack
holes and rivet holes at the cargo floor support fittings of the
fuselage. The unsafe condition, if not addressed, could affect the
structural integrity 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, EASA AD 2022-0115.
(h) Exceptions to EASA AD 2022-0115
(1) Where EASA AD 2022-0115 refers to January 3, 2014 (the
effective date of EASA AD 2013-0310), this AD requires using October
2, 2015 (the effective date of AD 2015-17-14, Amendment 39-18247 (80
FR 52182, August 28, 2015)).
(2) Where EASA AD 2022-0115 refers to November 9, 2018 (the
effective date of EASA AD 2018-0233 at original issue), this AD
requires using October 31, 2019 (the effective date of AD 2019-18-
07).
(3) Where EASA AD 2022-0115 refers to its effective date, this
AD requires using the effective date of this AD.
(4) Where paragraph (2) of EASA AD 2022-0115 specifies ``contact
Airbus for approved repair instructions and, within the compliance
time identified therein, accomplish those instructions accordingly''
if a crack is detected, for this AD if any cracking is detected, the
cracking must be repaired before further flight 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.
(5) The ``Remarks'' section of EASA AD 2022-0115 does not apply
to this AD.
(i) Additional FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
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. 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 (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 Hye Yoon Jang,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 817-222-5584; email <a href="/cdn-cgi/l/email-protection#412938246f382e2e2f6f2b202f26012720206f262e37"><span class="__cf_email__" data-cfemail="711908145f081e1e1f5f1b101f16311710105f161e07">[email protected]</span></a>.
(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 2022-0115,
dated June 20, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0115, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#c48580b784a1a5b7a5eaa1b1b6abb4a5eaa1b1"><span class="__cf_email__" data-cfemail="7534310635101406145b1000071a05145b1000">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) You may view this service information 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 service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email <a href="/cdn-cgi/l/email-protection#4523376b2c2b36352026312c2a2b052b2437246b222a33"><span class="__cf_email__" data-cfemail="ddbbaff3b4b3aeadb8bea9b4b2b39db3bcafbcf3bab2ab">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
[[Page 76158]]
Issued on December 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26976 Filed 12-12-22; 8:45 am]
BILLING CODE 4910-13-P
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