Proposed Rule2023-22070
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
October 5, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A320-214, A320-216, A320-251N, A320-271N, and A321-253NX airplanes. This proposed AD was prompted by a quality review of the forward cargo door frame-to-fuselage skin panel assembly identified several fastener holes that deviated from the manufacturing requirements. This proposed AD would require repetitive special detailed inspections of the affected area for discrepancies and, depending on findings, accomplishment of applicable corrective actions, 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 192 (Thursday, October 5, 2023)</title>
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[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Proposed Rules]
[Pages 69110-69112]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22070]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1897; Project Identifier MCAI-2023-00921-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 certain Airbus SAS Model A320-214, A320-216, A320-251N, A320-271N,
and A321-253NX airplanes. This proposed AD was prompted by a quality
review of the forward cargo door frame-to-fuselage skin panel assembly
identified several fastener holes that deviated from the manufacturing
requirements. This proposed AD would require repetitive special
detailed inspections of the affected area for discrepancies and,
depending on findings, accomplishment of applicable corrective actions,
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 November
20, 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-2023-1897; 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 AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#1352576053767260723d7666617c63723d7666"><span class="__cf_email__" data-cfemail="29686d5a694c485a48074c5c5b465948074c5c">[email protected]</span></a>; website easa.europa.eu. You may
find this material on the EASA website ad.easa.europa.eu. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1897.
<bullet> You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th Street,
Des Moines, WA. For information on the availability of this material at
the FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone: 206-231-3667; email: <a href="/cdn-cgi/l/email-protection#186c7175776c70613668367c776f7471767f587e7979367f776e"><span class="__cf_email__" data-cfemail="13677a7e7c677b6a3d633d777c647f7a7d74537572723d747c65">[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-2023-1897; Project Identifier
MCAI-2023-00921-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
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone: 206-231-3667; email:
<a href="/cdn-cgi/l/email-protection#72061b1f1d061a0b5c025c161d051e1b1c15321413135c151d04"><span class="__cf_email__" data-cfemail="c2b6abafadb6aabbecb2eca6adb5aeabaca582a4a3a3eca5adb4">[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.
[[Page 69111]]
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0153, dated July 26, 2023 (EASA
AD 2023-0153) (also referred to as the MCAI), to correct an unsafe
condition for certain Airbus SAS Model A320-214, A320-216, A320-251N,
A320-271N, and A321-253NX airplanes. The MCAI states a quality review
of the forward cargo door frame-to-fuselage skin panel assembly
identified several drillings as deviating from manufacturing
requirements, creating oversized fastener holes, which could lead to
cracking. This condition, if not addressed, could lead to reduced
structural integrity of the fuselage.
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1897.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0153 specifies procedures for repetitive special
detailed inspections of the affected area for discrepancies and,
depending on findings, accomplishment of applicable corrective action.
The special detailed inspection consists of a rototest inspection for
cracking of the forward cargo door frame to fuselage skin panel, and if
no cracking is found, checking the fastener hole diameters. Corrective
actions include installing oversized fasteners if the fastener hole
diameter is less than or equal to the specified nominal diameter,
contacting the manufacturer for repair instructions if the fastener
hole diameter is greater than the specified nominal diameter, and
repairing any cracking by contacting the manufacturer for repair
instructions.
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 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 this 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 2023-0153 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 2023-0153 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0153 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 2023-0153 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-
0153. Service information required by EASA AD 2023-0153 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1897
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 8 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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Cost per Cost on U.S.
Labor cost Parts cost product operators
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42.5 work-hours x $85 per hour = $3,613...................... $100 $3,713 $29,704
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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 proposed AD.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
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,
[[Page 69112]]
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-2023-1897; Project Identifier MCAI-2023-
00921-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by November 20, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A320-214, A320-216, A320-
251N, A320-271N, and A321-253NX airplanes, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2023-0153, dated July 26, 2023 (EASA AD 2023-0153).
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a quality review of the forward cargo
door frame-to-fuselage skin panel assembly identified several
drillings as deviating from manufacturing requirements, creating
oversized fastener holes. The FAA is issuing this AD to address
oversized fastener holes and cracking. The unsafe condition, if not
detected and corrected, could result in reduced 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 paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0153.
(h) Exceptions to EASA AD 2023-0153
(1) Where EASA AD 2023-0153 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (2) of EASA AD 2023-0153 specifies ``If,
during any SDI as required by paragraph (1) of this AD, any
discrepancy is detected, as defined in the SB, before next flight,
accomplish the applicable corrective action(s) in accordance with
the instructions of the SB,'' this AD requires replacing those words
with ``If, during any SDI as required by paragraph (1) of this AD,
no cracking is found, before next flight, accomplish the applicable
corrective actions in accordance with the instructions of the SB;
and if, during any SDI as required by paragraph (1) of this AD, any
cracking is found, before next flight, repair the cracking 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) Where paragraph (3) of EASA AD 2023-0153 specifies the
repair be done in accordance with ``approved Airbus repair
instructions,'' for this AD the repair must have been done 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.
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0153.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-0153
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address in paragraph
(k) of this AD or email to: <a href="/cdn-cgi/l/email-protection#3d04107c6b6e107c746f100a0e0d107c70727e7d5b5c5c135a524b"><span class="__cf_email__" data-cfemail="f6cfdbb7a0a5dbb7bfa4dbc1c5c6dbb7bbb9b5b6909797d8919980">[email protected]</span></a>. If mailing
information, also submit information by email. 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 (i) and (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 Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 206-231-3667; email:
<a href="/cdn-cgi/l/email-protection#3145585c5e4559481f411f555e465d585f56715750501f565e47"><span class="__cf_email__" data-cfemail="80f4e9edeff4e8f9aef0aee4eff7ece9eee7c0e6e1e1aee7eff6">[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 2023-0153,
dated July 26, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0153, 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="5c1d182f1c393d2f3d7239292e332c3d723929">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th
Street, 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#385e4a1651564b485d5b4c5157567856594a59165f574e"><span class="__cf_email__" data-cfemail="264054084f4855564345524f4948664847544708414950">[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 September 28, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-22070 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-13-P
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