Proposed Rule2023-19075
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
September 6, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. This proposed AD was prompted by stress analysis results indicating that cracks may appear in the center wing box at frame 42 and slanted junction areas. This proposed AD would require a one-time inspection of the center wing box at frame 42 and slanted junction areas, and applicable corrective actions, if necessary, 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 171 (Wednesday, September 6, 2023)</title>
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[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Proposed Rules]
[Pages 60908-60910]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19075]
[[Page 60908]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1815; Project Identifier MCAI-2023-00581-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 adopt a new airworthiness directive (AD)
for all Airbus SAS Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes. This proposed AD was prompted by stress analysis
results indicating that cracks may appear in the center wing box at
frame 42 and slanted junction areas. This proposed AD would require a
one-time inspection of the center wing box at frame 42 and slanted
junction areas, and applicable corrective actions, if necessary, 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 October 23,
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-2023-1815; 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 EASA material that is proposed for IBR 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#97d6d3e4d7f2f6e4f6b9f2e2e5f8e7f6b9f2e2"><span class="__cf_email__" data-cfemail="a2e3e6d1e2c7c3d1c38cc7d7d0cdd2c38cc7d7">[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.
FOR FURTHER INFORMATION CONTACT: Tim Dowling, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone 206-231-
3667; email: <a href="/cdn-cgi/l/email-protection#7004191d1f0418095e005e141f071c191e17301611115e171f06"><span class="__cf_email__" data-cfemail="9febf6f2f0ebf7e6b1efb1fbf0e8f3f6f1f8dff9fefeb1f8f0e9">[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-2023-1815; Project Identifier
MCAI-2023-0581-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 Tim
Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone 206-231-3667; email:
<a href="/cdn-cgi/l/email-protection#d1a5b8bcbea5b9a8ffa1ffb5bea6bdb8bfb691b7b0b0ffb6bea7"><span class="__cf_email__" data-cfemail="7c08151113081405520c5218130b1015121b3c1a1d1d521b130a">[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
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0074, dated April 5, 2023 (EASA
AD 2023-0074) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes. The MCAI states that stress analysis
results from A321 XLFR certification and fatigue and damage tolerance
harmonization have revealed that cracks may appear in the center wing
box at frame 42 and slanted junction areas of the affected airplanes.
Cracks may appear due to the high fatigue stress in affected areas.
The FAA is proposing this AD to detect potential cracks in the
center wing box at frame 42 and slanted junction areas. The unsafe
condition, if not addressed, could affect the structural integrity of
the fuselage. See EASA AD 2023-0074 for additional background
information.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1815.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0074 specifies procedures for one-time rototest and
high frequency eddy current inspections for cracks of the center wing
box rear lower spar junction area at frame 42; a rototest inspection
for cracks of the frame 42 slanted beam connection; a detailed visual
inspection of certain fasteners for damage; and applicable corrective
actions. Corrective actions include obtaining and following
instructions for crack repair and replacing damaged fasteners. 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 ADDRESSES.
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 this State of Design Authority, it
has notified the FAA of the unsafe condition described
[[Page 60909]]
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 2023-0074 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 2023-0074 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0074 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 2023-0074 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 2023-
0074. Service information required by EASA AD 2023-0074 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1815
after the FAA final rule is published.
Interim Action
The FAA considers that this proposed AD would be an interim action.
If final action is later identified, the FAA might consider further
rulemaking then.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 657 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 25 work-hours x $85 per hour = Up * $0 Up to $2,125.............. Up to $1,396,125.
to $2,125.
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* Additional work will be required if repairs are needed. Inspection results will determine extent (time and
materials) of repair costs.
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this proposed AD.
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 adding the following new airworthiness
directive:
Airbus SAS: Docket No. FAA-2023-1815; Project Identifier MCAI-2023-
00581-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 23, 2023.
[[Page 60910]]
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes, certificated in any
category.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by stress analysis results indicating that
cracks may appear in the center wing box at frame 42 and slanted
junction areas. The FAA is issuing this AD to detect potential
cracks in the center wing box at frame 42 and slanted junction
areas. The unsafe condition, if not addressed, could affect 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, European Union Aviation Safety Agency (EASA) AD
2023-0074, dated April 5, 2023 (EASA AD 2023-0074).
(h) Exceptions to EASA AD 2023-0074
(1) Where EASA AD 2023-0074 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2023-0074 specifies to comply with ``the
instructions of the AOT,'' this AD requires compliance with the
procedures marked as required for compliance (RC) in the Alert
Operators Transmission (AOT).
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0074.
(4) Where paragraph (3) of EASA AD 2023-0074 specifies to
``contact Airbus for approved repair instructions and, within the
compliance time specified therein, accomplish those instructions
accordingly,'' 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) Paragraph (4) of EASA AD 2023-0074 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)(5)(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 within 90 days after the effective date
of this AD.
(6) Where paragraph (2) of EASA AD 2023-0074 refers to a ferry
flight, a special flight permit may be issued in accordance with 14
CFR 21.197 and 21.199 provided the operators comply with the
provisions specified in paragraph (2) of EASA AD 2023-0074.
(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#96afbbd7c0c5bbd7dfc4bba1a5a6bbd7dbd9d5d6f0f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="30091d7166631d7179621d0703001d717d7f73705651511e575f46">[email protected]</span></a>. 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 DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.
(3) Required for Compliance (RC): Except as required by
paragraphs (h)(2) and (j)(2) of this AD, if any service information
referenced in EASA AD 2023-0074 contains paragraphs that are labeled
as RC, the instructions in RC paragraphs, including subparagraphs
under an RC paragraph, must be done to comply with this AD; any
paragraphs, including subparagraphs under those paragraphs, that are
not identified as RC are recommended. The instructions in
paragraphs, including subparagraphs under those paragraphs, 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 instructions
identified as RC can be done and the airplane can be put back in an
airworthy condition. Any substitutions or changes to instructions
identified as RC require approval of an AMOC.
(k) Additional Information
For more information about this AD, contact Tim Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone 206-231-3667; email:
<a href="/cdn-cgi/l/email-protection#daaeb3b7b5aeb2a3f4aaf4beb5adb6b3b4bd9abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="cdb9a4a0a2b9a5b4e3bde3a9a2baa1a4a3aa8dabacace3aaa2bb">[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 2023-0074,
dated April 5, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0074, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#0b4a4f784b6e6a786a256e7e79647b6a256e7e"><span class="__cf_email__" data-cfemail="7130350231141002105f1404031e01105f1404">[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#1472663a7d7a67647177607d7b7a547a7566753a737b62"><span class="__cf_email__" data-cfemail="3553471b5c5b46455056415c5a5b755b5447541b525a43">[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 August 30, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-19075 Filed 9-5-23; 8:45 am]
BILLING CODE 4910-13-P
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