Proposed Rule2024-16049
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
July 24, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2022-08-08, which applies 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 2022-08-08 requires repetitive special detailed inspections of certain double joggle areas on the fuselage and applicable on-condition actions. This proposed AD continues to require the actions in AD 2022-08-08 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 89 Issue 142 (Wednesday, July 24, 2024)</title>
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[Federal Register Volume 89, Number 142 (Wednesday, July 24, 2024)]
[Proposed Rules]
[Pages 59857-59860]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16049]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1895; Project Identifier MCAI-2023-01240-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)
2022-08-08, which applies 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 2022-08-08 requires repetitive special detailed
inspections of certain double joggle areas on the fuselage and
applicable on-condition actions. This proposed AD continues to require
the actions in AD 2022-08-08 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 September
9, 2024.
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-2024-1895; 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, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#83c2c7f0c3e6e2f0e2ade6f6f1ecf3e2ade6f6"><span class="__cf_email__" data-cfemail="83c2c7f0c3e6e2f0e2ade6f6f1ecf3e2ade6f6">[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 at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1895.
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#d581bcb8baa1bdacfb85fb91baa2b9bcbbb295b3b4b4fbb2baa3"><span class="__cf_email__" data-cfemail="6135080c0e1509184f314f250e160d080f06210700004f060e17">[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-2024-1895; Project Identifier
MCAI-2023-01240-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#c094a9adafb4a8b9ee90ee84afb7aca9aea780a6a1a1eea7afb6"><span class="__cf_email__" data-cfemail="44102d292b302c3d6a146a002b33282d2a23042225256a232b32">[email protected]</span></a>. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
The FAA issued AD 2022-08-08, Amendment 39-22011 (87 FR 23755,
April 21, 2022) (AD 2022-08-08), for 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 2022-08-08 was prompted by an MCAI originated by
EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued AD 2021-0227, dated October 11, 2021 (EASA
AD 2021-0227) (which corresponds to FAA AD 2022-08-08), to correct an
unsafe condition.
AD 2022-08-08 requires repetitive special detailed inspections of
certain areas and applicable on-condition actions. The FAA issued AD
2022-08-08 to address cracks in the double joggle areas at frame (FR)
16 and FR20, right-hand and left-hand sides, which, if not detected and
corrected, could reduce the structural integrity of the fuselage.
[[Page 59858]]
Actions Since AD 2022-08-08 Was Issued
Since the FAA issued AD 2022-08-08, EASA superseded AD 2021-0227
and issued EASA AD 2023-0212, dated December 6, 2023 (EASA AD 2023-
0212) (referred to after this as the MCAI), for certain Airbus SAS
Model A318-111, -112, -121, -122 airplanes; Model 319-111, -112, -113,
-114, -115, -131, -132, -133, -151N, -153N, and -171N airplanes; Model
A320-211, -212, -214, -216, -231, -232, -233, -251N, -252N, -253N, -
271N, -272N, and -273N airplanes; and Model A321-111, -112, -131, -211,
-212, -213, -231, -232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -
271N, -271NX, -272N, and -272NX airplanes. The MCAI states that the
unsafe condition may also exist on Airbus SAS A318/A320/A321 ``NEO''
airplanes (i.e., Airbus SAS Model A318-151N, -153N, and -171N; A320-
251N, -252N, -253N, -271N, -272N, and -273N; and A321-251N, -251NX, -
252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX
airplanes), so these airplanes will be added to the applicability. In
addition, Airbus has developed additional, new structural repair manual
(SRM) tasks that are considered additional alternative methods to the
Airbus repair designs originally required by EASA AD 2021-0227 for the
airplanes affected by that AD.
The FAA is proposing this AD to address cracks in the double joggle
areas at FR16 and FR20 in the nose forward fuselage, which 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-2024-1895.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2022-08-08, this proposed AD would retain all of the
requirements of AD 2022-08-08 and expands the applicability to include
Airbus SAS A318/A320/A321 NEO airplanes. Those requirements are
referenced in EASA AD 2023-0212, which, in turn, is referenced in
paragraph (g) of this proposed AD.
Related Material Under 1 CFR Part 51
The FAA reviewed EASA AD 2023-0212. This material specifies
procedures for repetitive special detailed inspections for cracking of
double joggle areas at FR16 and FR20, right-hand and left-hand sides,
applicable on-condition actions (repair) and an optional modification
of the double joggle area, which terminates the repetitive inspections.
The modification includes a rotating probe inspection of certain
fastener holes for cracks, a check of the fastener holes for a minimum
diameter, and applicable on-condition actions. EASA AD 2023-0212 also
specifies that new SRM tasks have been developed that are acceptable
for compliance with the corrective actions required by AD 2022-08-08
for airplanes affected by that AD. 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 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 2022-08-08.
This proposed AD would expand the applicability to include Airbus SAS
A318/A320/A321 NEO airplanes. This proposed AD would require
accomplishing the actions specified in EASA AD 2023-0212 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 2023-0212 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0212 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 2023-0212 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-
0212. Material required by EASA AD 2023-0212 for compliance will be
available at <a href="http://regulations.gov">regulations.gov</a> by searching for and locating Docket No.
FAA-2024-1895 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1,755 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 55 work-hours x $85 per hour = Up $0 Up to $4,675.............. Up to $8,204,625.
to $4,675.
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Estimated Costs for Optional Actions
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Cost per
Labor cost Parts cost product
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60 work-hours x $85 per hour = $5,100. $1,624 $6,724
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[[Page 59859]]
The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs 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 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) 2022-08-08, Amendment 39-22011
(87 FR 23755, April 21, 2022); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2024-1895; Project Identifier MCAI-2023-
01240-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 9, 2024.
(b) Affected ADs
(1) This AD replaces AD 2022-08-08, Amendment 39-22011 (87 FR
23755, April 21, 2022) (AD 2022-08-08).
(2) This AD affects AD 2023-13-10, Amendment 39-22495 (88 FR
50005, August 1, 2023) (AD 2023-13-10).
(c) Applicability
This AD applies to Airbus SAS Model airplanes specified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2023-0212, dated December 6, 2023 (EASA AD 2023-0212).
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports that, during inspections
accomplished as specified in certain airworthiness limitation items
(ALIs), cracks were detected in the double joggle areas at frame
(FR) 16 and FR20 in the nose forward fuselage. The unsafe condition,
if not addressed, 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 paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0212.
(h) Exceptions to EASA AD 2023-0212
(1) Where paragraphs (2) and (3) of EASA AD 2023-0212 specify
``Airbus approved repair instructions,'' or ``post-repair inspection
instructions approved by Airbus,'' for this AD, to be acceptable for
credit, the repair instructions or post-repair inspection
instructions must be 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.
(2) Where paragraph (4) of EASA AD 2023-0212 specifies to
``contact Airbus for approved repair instructions and, within the
compliance time specified therein, accomplish those instructions
accordingly'' if any cracks 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.
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0212.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-0212
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Terminating Action for Certain Requirements in AD 2023-13-10
Accomplishing the actions required by this AD terminates ALI
Tasks 531153-02-1, 531153-02-2, 531155-02-1, and 531155-02-2, as
required by paragraph (o) of AD 2023-13-10 only for the airplanes
identified in paragraph (c) of this AD.
(k) 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 identified
in paragraph (l) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#96afbbd7c0c5bbd8cfd7d5d9bbd5d9c5d6f0f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="ac9581edfaff81e2f5edefe381efe3ffeccacdcd82cbc3da">[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 2022-08-08 are approved as
AMOCs for the corresponding provisions of EASA AD 2023-0212 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.
(l) Additional Information
For more information about this AD, contact Timothy Dowling,
Aviation Safety
[[Page 59860]]
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3667; email <a href="/cdn-cgi/l/email-protection#5f0b3632302b3726710f711b3028333631381f393e3e71383029"><span class="__cf_email__" data-cfemail="c99da0a4a6bda1b0e799e78da6bea5a0a7ae89afa8a8e7aea6bf">[email protected]</span></a>.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0212,
dated December 6, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0212, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#b6f7f2c5f6d3d7c5d798d3c3c4d9c6d798d3c3"><span class="__cf_email__" data-cfemail="08494c7b486d697b69266d7d7a677869266d7d">[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 at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#2147530f484f5251444255484e4f614f4053400f464e57"><span class="__cf_email__" data-cfemail="aaccd884c3c4d9dacfc9dec3c5c4eac4cbd8cb84cdc5dc">[email protected]</span></a>.
Issued on July 17, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-16049 Filed 7-23-24; 8:45 am]
BILLING CODE 4910-13-P
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