Proposed Rule2023-00186
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
January 13, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2020-05-16, which applies to certain Airbus SAS Model A319-115 airplanes; Model A320-214, -216, -232, -251N, and -271N airplanes; and Model A321-211, -231, -251N, -251NX, -253N, -271N, -271NX, and -272N airplanes. AD 2020-05-16 requires a one-time detailed inspection of certain attaching points on the left-hand and right-hand wings for the correct installation of certain hardware, and, depending on findings, accomplishment of applicable corrective actions. Since the FAA issued AD 2020-05-16, a determination was made that additional airplanes are subject to the unsafe condition. This proposed AD would continue to require the actions in AD 2020-05-16 and would add airplanes to the applicability, 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 88 Issue 9 (Friday, January 13, 2023)</title>
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[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Proposed Rules]
[Pages 2273-2276]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00186]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 /
Proposed Rules
[[Page 2273]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0009; Project Identifier MCAI-2022-00789-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2020-05-16, which applies to certain Airbus SAS Model A319-115
airplanes; Model A320-214, -216, -232, -251N, and -271N airplanes; and
Model A321-211, -231, -251N, -251NX, -253N, -271N, -271NX, and -272N
airplanes. AD 2020-05-16 requires a one-time detailed inspection of
certain attaching points on the left-hand and right-hand wings for the
correct installation of certain hardware, and, depending on findings,
accomplishment of applicable corrective actions. Since the FAA issued
AD 2020-05-16, a determination was made that additional airplanes are
subject to the unsafe condition. This proposed AD would continue to
require the actions in AD 2020-05-16 and would add airplanes to the
applicability, 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 February
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-2023-0009; 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#b8f9fccbf8ddd9cbd996ddcdcad7c8d996ddcd"><span class="__cf_email__" data-cfemail="28696c5b684d495b49064d5d5a475849064d5d">[email protected]</span></a>; website easa.europa.eu. You
may find this EASA AD 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-2023-0009.
<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: Hyeyoon Jang, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; phone (817) 222-5584; email
<a href="/cdn-cgi/l/email-protection#dab2a3bff4a3b5b5b4f4b0bbb4bd9abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="c6aebfa3e8bfa9a9a8e8aca7a8a186a0a7a7e8a1a9b0">[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-2023-0009; Project Identifier
MCAI-2022-00789-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
Hyeyoon Jang, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone (817) 222-5584; email <a href="/cdn-cgi/l/email-protection#640c1d014a1d0b0b0a4a0e050a03240205054a030b12"><span class="__cf_email__" data-cfemail="b8d0c1dd96c1d7d7d696d2d9d6dff8ded9d996dfd7ce">[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 2020-05-16, Amendment 39-19866 (85 FR 15938,
March 20, 2020) (AD 2020-05-16), for certain Airbus SAS Model A319-115
airplanes; Model A320-214, -216, -232, -251N, and -271N airplanes; and
Model A321-211, -231, -251N, -251NX, -253N, -271N, -271NX, and -272N
airplanes. AD 2020-05-16 was prompted by an MCAI originated by EASA,
which is the Technical Agent for the Member States of the European
Union. EASA issued AD 2019-0233, dated September 18, 2019; corrected
September 19, 2019 (EASA AD 2019-0233), to correct an unsafe condition.
[[Page 2274]]
AD 2020-05-16 requires a one-time detailed inspection of certain
attaching points on the left-hand and right-hand wings for the correct
installation of certain hardware, and, depending on findings,
accomplishment of applicable corrective actions. The FAA issued AD
2020-05-16 to address incomplete installations of the over wing panel
lug attachments in the production assembly line, which, if not detected
and corrected, could reduce the structural integrity of the wing.
Actions Since AD 2020-05-16 Was Issued
Since the FAA issued AD 2020-05-16, EASA superseded EASA AD 2019-
0233, and issued EASA AD 2022-0111, dated June 15, 2022 (EASA AD 2022-
0111) (also referred to as the MCAI), to correct an unsafe condition
for certain Airbus SAS Model A319-115 airplanes; Model A320-214, -216,
-232, -251N, and -271N airplanes; and Model A321-211, -231, -251N, -
251NX, -252NX, -253N, -253NX, -271N, -271NX, and -272N airplanes. The
MCAI states that since EASA AD 2019-0233 was issued, Airbus identified
additional affected airplanes.
The FAA is issuing this AD to address incomplete installations of
the over wing panel lug attachments in the production assembly line,
which, if not detected and corrected, could reduce the structural
integrity of the wing. You may examine the MCAI in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-0009.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2020-05-16, this proposed AD would retain all of the
requirements of AD 2020-05-16. Those requirements are referenced in
EASA AD 2022-0111, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0111 specifies procedures for a one-time detailed
inspection of certain attaching points on the left-hand and right-hand
wings for the correct installation of certain hardware (bolt, nut,
washer, and cotter pin), and, depending on findings, accomplishment of
applicable corrective actions. Corrective actions include installing
missing hardware, properly orienting hardware, and performing a damage
assessment for cracks and deformed parts in the event of missing
hardware, and repair. For certain airplanes, EASA AD 2022-0111 also
specifies reporting the inspection results to Airbus. 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 retain all requirements of AD 2020-05-16.
This proposed AD would require accomplishing the actions specified in
EASA AD 2022-0111 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 2022-0111 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0111 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 2022-0111 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-
0111. Service information required by EASA AD 2022-0111 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-0009
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 131 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170........................... $0 $170 $22,700
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* Table does not include estimated costs for reporting.
The FAA estimates that it would take about 1 work-hour per product
to comply with the reporting requirement in this proposed AD. The
average labor rate is $85 per hour. Based on these figures, the FAA
estimates the cost of reporting the inspection results on U.S.
operators to be up to $11,135, or $85 per product.
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
[[Page 2275]]
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
Up to 20 work-hours x $85 per Up to $77,850.. Up to $79,550.
hour = $1,700.
------------------------------------------------------------------------
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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 Directive (AD) 2020-05-16, Amendment 39-19866
(85 FR 15938, March 20, 2020); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2023-0009; Project Identifier MCAI-2022-
00789-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by February 27, 2023.
(b) Affected ADs
This AD replaces AD 2020-05-16, Amendment 39-19866 (85 FR 15938,
March 20, 2020) (AD 2020-05-16).
(c) Applicability
This AD applies to the Airbus SAS airplanes specified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2022-0111, dated June 15, 2022 (EASA AD 2022-0111).
(1) Model A319-115 airplanes.
(2) Model A320-214, -216, -232, -251N, and -271N airplanes.
(3) Model A321-211, -231, -251N, -251NX, -252NX, -253N, -253NX,
-271N, -271NX, and -272N airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports of incomplete installations of
the over wing panel lug attachments in the production assembly line
and a determination that additional airplanes are subject to the
unsafe condition. The FAA is issuing this AD to address these
incomplete installations. The unsafe condition, if not addressed,
could result in reduced structural integrity of the wing.
(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 2022-0111.
(h) Exceptions to EASA AD 2022-0111
(1) Where EASA AD 2022-0111 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2022-0111 refers to October 2, 2019 (the
effective date of EASA AD 2019-0233), this AD requires using April
24, 2022 (the effective date of AD 2020-05-16).
(3) Where paragraph (5) of EASA AD 2022-0111 specifies to
``contact Airbus for approved instructions, and within the
compliance time identified therein, accomplish those instructions
accordingly'' if discrepancies are 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.
(4) The ``Remarks'' section of EASA AD 2022-0111 does not apply
to this AD.
(5) Where paragraph (2) of EASA AD specifies a compliance time,
for this AD the compliance time is ``before exceeding 14,000 flight
hours or 7,000 flight cycles, whichever occurs first since airplane
first flight; or within 30 days after the effective date of this AD;
whichever occurs later.''
[[Page 2276]]
(i) No Reporting Requirement for Certain Airplanes
For Group 1 airplanes, as identified in EASA AD 2022-0111, this
AD does not require reporting.
(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: <a href="/cdn-cgi/l/email-protection#30091d7166631d7179621d0703001d717d7f73705651511e575f46"><span class="__cf_email__" data-cfemail="b48d99f5e2e799f5fde69983878499f5f9fbf7f4d2d5d59ad3dbc2">[email protected]</span></a>.
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office. (ii) AMOCs approved
previously for AD 2020-05-16 are approved as AMOCs for the
corresponding provisions of EASA AD 2022-0111 that are required by
paragraph (g) of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (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) Additional Information
For more information about this AD, contact Hyeyoon Jang,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone (817)
222-5584; email <a href="/cdn-cgi/l/email-protection#533b2a367d2a3c3c3d7d39323d34133532327d343c25"><span class="__cf_email__" data-cfemail="f0988995de899f9f9ede9a919e97b0969191de979f86">[email protected]</span></a>.
(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 2022-0111,
dated June 15, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0111, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#19585d6a597c786a78377c6c6b766978377c6c"><span class="__cf_email__" data-cfemail="3a7b7e497a5f5b495b145f4f48554a5b145f4f">[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#e88e9ac681869b988d8b9c818786a886899a89c68f879e"><span class="__cf_email__" data-cfemail="4325316d2a2d30332620372a2c2d032d2231226d242c35">[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>.
Issued on January 4, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-00186 Filed 1-12-23; 8:45 am]
BILLING CODE 4910-13-P
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