Rule2023-11820
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
June 5, 2023
Effective
July 10, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2019-24- 13, which applied to certain Airbus SAS Model A318 series 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 2019-24-13 required repetitive high-frequency eddy current (HFEC) inspections for cracking of a stiffener of a certain lateral window frame, and applicable related investigative and corrective actions. This AD was prompted by a determination that certain inspection times need to be revised. This AD retains the requirements of AD 2019-24-13, with amended compliance times, 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.
Full Text
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<title>Federal Register, Volume 88 Issue 107 (Monday, June 5, 2023)</title>
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[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Rules and Regulations]
[Pages 36465-36468]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11820]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0165; Project Identifier MCAI-2022-01003-T;
Amendment 39-22434; AD 2023-09-11]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-24-
13, which applied to certain Airbus SAS Model A318 series 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 2019-24-13 required repetitive high-frequency eddy current (HFEC)
inspections for cracking of a stiffener of a certain lateral window
frame, and applicable related investigative and corrective actions.
This AD was prompted by a determination that certain inspection times
need to be revised. This AD retains the requirements of AD 2019-24-13,
with amended compliance times, 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 July 10, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 10,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-0165; 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
[[Page 36466]]
(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:
<bullet> For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#4e0f0a3d0e2b2f3d2f602b3b3c213e2f602b3b"><span class="__cf_email__" data-cfemail="febfba8dbe9b9f8d9fd09b8b8c918e9fd09b8b">[email protected]</span></a>; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
<bullet> 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
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-0165.
FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aerospace Engineer,
FAA, International Validation Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3667; email
<a href="/cdn-cgi/l/email-protection#44102d292b302c3d6a146a002b33282d2a23042225256a232b32"><span class="__cf_email__" data-cfemail="93c7fafefce7fbeabdc3bdd7fce4fffafdf4d3f5f2f2bdf4fce5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-24-13, Amendment 39-21002 (84 FR
71788, December 30, 2019) (AD 2019-24-13). AD 2019-24-13 applied to
certain Airbus SAS Model A318 series 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 2019-24-13 required
repetitive HFEC inspections for cracking of a stiffener of a certain
lateral window frame, and rework, repair, or replacement of the lateral
window frame, as applicable, as specified in EASA AD 2019-0067R1, dated
September 11, 2019 (EASA AD 2019-0067R1). The FAA issued AD 2019-24-13
to address cracking of the horizontal upper stiffener of the lateral
window frame, which could reduce the structural integrity of the
fuselage.
The NPRM published in the Federal Register on February 15, 2023 (88
FR 9776). The NPRM was prompted by AD 2022-0151, dated July 26, 2022,
issued by EASA (EASA AD 2022-0151) (also referred to as the MCAI). The
MCAI states that several occurrences were reported where, during a
maintenance check, cracks were found in the horizontal upper stiffener
of the lateral window frame at the frame 4 upper attachment. Since EASA
AD 2019-0067R1 was issued, it was determined that the embodiment of
Airbus production modification (mod) 161229 does not provide any
benefit versus the pre-mod 161229 configuration, and Airbus issued
revised service information to remove the credit and higher inspection
threshold for post-mod 161229 airplanes. In addition, based on new
calculations, the inspection interval was increased. The unsafe
condition, if not addressed, could reduce the structural integrity of
the fuselage.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-0165.
In the NPRM, the FAA proposed to retain the requirements of AD
2019-24-13, with amended compliance times, as specified in EASA AD
2022-0151. The FAA is issuing this AD to address cracking of the
horizontal upper stiffener of the lateral window frame, which could
reduce the structural integrity of the fuselage.
Discussion of Final Airworthiness Directive
Comments
The FAA received one comment, from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
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 and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
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 2022-0151 specifies procedures for repetitive HFEC
inspections of the horizontal upper stiffener of the lateral window
frame on the right-hand (RH) and left-hand (LH) sides for any cracking
and applicable related investigative and corrective actions. Related
investigative and corrective actions include repair, replacement, and
rework. EASA AD 2022-0151 also specifies reporting to Airbus if any
discrepancies (cracking) are found during the inspections. 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 1,528 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
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Retained actions from AD 2019-24-13... 9 work-hours x $85 per $0 $765 $987,615
hour = $765.
New proposed actions.................. 6 work-hours x $85 per 0 510 779,280
hour = $510.
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The FAA estimates the following costs to do any necessary on-
condition rework, replacement, or reporting 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 36467]]
Estimated Costs of On-Condition Actions *
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Cost per
Labor cost Parts cost product
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Up to 543 work-hours x $85 per Up to $107,370......... $153,525
hour = $46,155.
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* The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this AD.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
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 currently 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
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) 2019-24-13, Amendment 39-21002
(84 FR 71788, December 30, 2019); and
0
b. Adding the following new AD:
2023-09-11 Airbus SAS: Amendment 39-22434; Docket No. FAA-2023-0165;
Project Identifier MCAI-2022-01003-T.
(a) Effective Date
This airworthiness directive (AD) is effective July 10, 2023.
(b) Affected ADs
This AD replaces AD 2019-24-13, Amendment 39-21002 (84 FR 71788,
December 30, 2019).
(c) Applicability
This AD applies to Airbus SAS airplanes identified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2022-
0151, dated July 26, 2022 (EASA AD 2022-0151).
(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 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report that during a maintenance
check, cracks were found in the horizontal upper stiffener of the
lateral window frame at the frame 4 upper attachment, and a
determination that certain compliance times need to be revised. The
FAA is issuing this AD to address cracking of the horizontal upper
stiffener of the lateral window frame. The unsafe condition, if not
addressed, could reduce the structural integrity of the fuselage.
(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 2022-0151.
(h) Exceptions to EASA AD 2022-0151
(1) Where EASA AD 2022-0151 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0151.
(3) Paragraph (7) of EASA AD 2022-0151 specifies to report
inspection results to Airbus within a certain compliance time. For
this AD, report inspection results at the applicable time specified
in paragraph (h)(3)(i) or (ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 90 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report
[[Page 36468]]
within 90 days after the effective date of this AD.
(4) Where EASA AD 2022-0151 specifies to perform corrective
actions if ``discrepancies are detected, as identified in the
inspection SB,'' for this AD perform corrective actions if cracking
is detected.
(5) Instead of complying with paragraph (2) of EASA AD 2022-
0151, comply with the following: ``If, during any inspection as
required by paragraph (1) of EASA AD 2022-0151, for this AD, if any
cracking is detected and the stiffener has already been reworked, or
if any cracking is not removed after a third rework of the
horizontal upper stiffener, 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.''
(i) 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 (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#c4fde9859297e9858d96e9f3f7f4e985898b8784a2a5a5eaa3abb2"><span class="__cf_email__" data-cfemail="93aabed2c5c0bed2dac1bea4a0a3bed2dedcd0d3f5f2f2bdf4fce5">[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 2019-24-13 are approved as
AMOCs for the corresponding provisions of EASA AD 2022-0151 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 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 Timothy Dowling,
Aerospace Engineer, FAA, International Validation Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-
3667; email <a href="/cdn-cgi/l/email-protection#a3f7caceccd7cbda8df38de7ccd4cfcacdc4e3c5c2c28dc4ccd5"><span class="__cf_email__" data-cfemail="67330e0a08130f1e4937492308100b0e09002701060649000811">[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 2022-0151,
dated July 26, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0151, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#b3f2f7c0f3d6d2c0d29dd6c6c1dcc3d29dd6c6"><span class="__cf_email__" data-cfemail="6d2c291e2d080c1e0c4308181f021d0c430818">[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 material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195.
(5) You may view this material 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#9afce8b4f3f4e9eafff9eef3f5f4daf4fbe8fbb4fdf5ec"><span class="__cf_email__" data-cfemail="97f1e5b9fef9e4e7f2f4e3fef8f9d7f9f6e5f6b9f0f8e1">[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 May 8, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-11820 Filed 6-2-23; 8:45 am]
BILLING CODE 4910-13-P
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