[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Proposed Rules]
[Pages 69228-69231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25114]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1475; Project Identifier MCAI-2022-00823-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) 
2022-06-02, which applies to all Airbus SAS Model A318-111, and -112 
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 2022-06-02 requires new repetitive inspections of 
the 80 view unit (80VU) rack lower lateral fittings, lower central 
support, upper fittings, central post, and shelves attachments for 
discrepancies, and corrective actions if necessary. This AD was 
prompted by a determination that the compliances times must be revised 
to address the unsafe condition. This proposed AD would continue to 
require the actions in AD 2022-06-02 with revised compliance times, 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 January 3, 
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     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 regulations.gov under 
Docket No. FAA-2022-1475; 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:
     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 [email protected]; website easa.europa.eu. You 
may find this material on the EASA website at easa.europa.eu. It is 
also available at regulations.gov under Docket No. FAA-2022-1475.
     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: Dan Rodina, Aerospace Engineer, Large 
Aircraft Section, FAA, International Validation Branch, 2200 South 
216th St., Des Moines, WA 98198; telephone 206-231-3225; email 
[email protected].

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-2022-1475; Project Identifier 
MCAI-2022-00823-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 
regulations.gov, 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 Dan 
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3225; email [email protected]. 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 2022-06-02, Amendment 39-21968 (87 FR 16094, 
March 22, 2022) (AD 2022-06-02), for all Airbus SAS Model A318-111, and 
-112 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and 
-133 airplanes; Model A320-211, -212, -214,

[[Page 69229]]

-216, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes. AD 2022-06-02 requires new 
repetitive inspections of the 80VU rack lower lateral fittings, lower 
central support, upper fittings, central post, and shelves attachments 
for discrepancies, and corrective actions if necessary. The FAA issued 
AD 2022-06-02 to address damage or cracking of the 80VU fittings and 
supports, which could lead to possible disconnection of the cable 
harnesses to one or more computers, and if occurring during a critical 
phase of flight, could result in reduced control of the airplane.

Actions Since AD 2022-06-02 Was Issued

    Since the FAA issued AD 2022-06-02, it's been determined that the 
compliance times must be revised to address the unsafe condition.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0120R1, dated June 30, 2022 
(EASA AD 2022-0120R1) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A318-111, A318-112, A319-111, 
A319-112, A319-113, A319-114, A319-115, A319-131, A319-132, A319-133, 
A320-211, A320-212, A320-214, A320-215, A320-216, A320-231, A320-232, 
A320-233, A321-111, A321-112, A321-131, A321-211, A321-212, A321-213, 
A321-231, and A321-232 airplanes. Model A320-215 airplanes are not 
certificated by the FAA and are not included on the U.S. type 
certificate data sheet; this proposed AD therefore does not include 
those airplanes in the applicability.
    This proposed AD was prompted by reports of damaged lower lateral 
fittings of the 80VU rack and a determination that the compliance times 
must be revised. The FAA is proposing this AD to address damage or 
cracking of the 80VU fittings and supports, which could lead to 
possible disconnection of the cable harnesses to one or more computers, 
and if occurring during a critical phase of flight, could result in 
reduced control of the airplane. See the MCAI for additional background 
information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2022-06-02, this proposed AD would retain all of the 
requirements of AD 2022-06-02. Those requirements are referenced in 
EASA AD 2022-0120R1, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0120R1 specifies procedures for repetitive special 
detailed inspections of the 80VU rack lower lateral fittings, lower 
central support, upper fittings, central post, and shelves attachments 
for discrepancies (referred to as damaged, or parts not found in good 
condition in the service information) (including broken fittings, 
missing bolts, an electronics rack FIN 80VU that is in contact with 
structure, any bush that has migrated, burred material, and cracks), 
and corrective action if necessary. Corrective actions include 
modification, repair, and replacement. EASA AD 2022-0120R1 also 
describes procedures for reporting 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

    These products have been approved by the aviation authority of 
another country and are 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 these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all of the requirements of AD 2022-
06-02. This proposed AD would require accomplishing the actions 
specified in EASA AD 2022-0120R1 described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. This proposed AD would also revise the compliance times.

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 2022-0120R1 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0120R1 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 2022-0120R1 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-
0120R1. Service information required by EASA AD 2022-0120R1 for 
compliance will be available at regulations.gov by searching for and 
locating Docket No. FAA-2022-1475 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,528 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 on U.S.
            Action                Labor cost        Parts cost       Cost per product            operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD       Up to 8                       $0   Up to $680............  Up to $1,039,040.
 2022[dash]06[dash]02.          work[dash]hours
                                x $85 per hour
                                = Up to $680.
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* Table does not include estimated costs for reporting.


[[Page 69230]]

    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 $129,880, 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:

                                     Estimated Costs of On-Condition Actions
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             Action                      Labor cost                 Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Repair..........................  122 work-hours x $85 per  $4,150...................  $14,520.
                                   hour = $10,370.
Replacement.....................  Up to 189 work-hours x    Up to $6,928.............  Up to $22,993.
                                   $85 per hour = Up to
                                   $16,065.
Modification....................  189 work-hours x $85 per  $7,407...................  $23,472.
                                   hour = $16,065.
----------------------------------------------------------------------------------------------------------------

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) 2022-06-02, Amendment 39-21968 
(87 FR 16094, March 22, 2022); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-1475; Project Identifier MCAI-2022-
00823-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 3, 2023.

(b) Affected ADs

    This AD replaces AD 2022-06-02, Amendment 39-21968 (87 FR 16094, 
March 22, 2022) (AD 2022-06-02).

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (4) of this AD.
    (1) Model A318-111 and -112 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 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by reports of damaged lower lateral 
fittings of the 80VU rack and a determination that the compliance 
times must be revised. The FAA is issuing this AD to address damage 
or cracking of the 80VU fittings and supports, which could lead to 
possible disconnection of the cable harnesses to one or more 
computers, and if occurring during a critical phase of flight, could 
result in reduced control of the airplane.

(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 
2022-0120R1, dated June 30, 2022 (EASA AD 2022-0120R1).

(h) Exceptions to EASA AD 2022-0120R1

    (1) Where EASA AD 2022-0120R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0120R1 refers to the effective date of 
EASA AD 2021-0172,

[[Page 69231]]

this AD requires using April 26, 2022 (the effective date of AD 
2022-06-02).
    (3) Where paragraph (2) of EASA AD 2022-0120R1 specifies ``any 
discrepancy,'' for this AD ``any discrepancy'' includes broken 
fittings, missing bolts, an electronics rack FIN 80VU that is in 
contact with structure, any bush that has migrated, burred material, 
and cracks.
    (4) Where the service information referenced in EASA AD 2022-
0120R1 specifies to ``replace the damaged parts with new parts,'' 
this AD allows replacing damaged parts with new or serviceable 
parts.
    (5) The ``Remarks'' section of EASA AD 2022-0120R1 does not 
apply to this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the inspections and 
corrective actions required by paragraph (g) of this AD if those 
actions were accomplished prior to the effective date of this AD 
using Airbus Service Bulletin A320-25-1BKJ, Revision 02, dated April 
9, 2020, with corrections referenced in the Airbus Technical 
Adaptation 80827186/024/2020, Issue 1, dated September 18, 2020.

(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)(1) of this AD. Information may be emailed to: [email protected]. 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 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

    (1) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3225; email [email protected].
    (2) For Airbus service information identified in this AD that is 
not incorporated by reference, contact Airbus SAS, Airworthiness 
Office--EIAS, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, 
France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email 
airbus.com">account.airworth-eas@airbus.com; website airbus.com. 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.

(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 2022-0120R1, 
dated June 30, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0120R1, contact EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; 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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-25114 Filed 11-17-22; 8:45 am]
BILLING CODE 4910-13-P