[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72369-72372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25509]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0503; Project Identifier MCAI-2021-01244-T; 
Amendment 39-22219; AD 2022-22-04]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-03-
12, 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, -231, -232, and -233 airplanes; and Model 
A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 
2018-03-12 required repetitive rototest inspections for cracking of the 
fastener holes in certain door stop fittings, and repair if necessary. 
This AD was prompted by new analysis by the manufacturer that resulted 
in optimized compliance times for the inspections. This AD continues to 
require repetitive rototest inspections for cracking of the fastener 
holes in certain door stop fittings at revised compliance times, and 
corrective actions if necessary, 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 December 30, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 30, 
2022.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0503; 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 (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:
     For material incorporated by reference (IBR) in this AD, 
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 IBR material on the EASA website at ad.easa.europa.eu.
     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 
regulations.gov under Docket No. FAA-2022-0503.

FOR FURTHER INFORMATION CONTACT: Hye Yoon Jang, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 817-222-5584; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0242, dated November 8, 2021 
(EASA AD 2021-0242) (also referred to as the MCAI), to correct an 
unsafe condition 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, -215, -216, -231, -232, and -233 airplanes; 
and Model A321-111, -112, -131, -211, -212, -213, -231, and -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 AD 
therefore does not include those airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2018-03-12, Amendment 39-19185 (83 FR 5906, 
February 12, 2018) (AD 2018-03-12). AD 2018-03-12 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, 
-231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211,

[[Page 72370]]

-212, -213, -231, and -232 airplanes. The NPRM published in the Federal 
Register on May 6, 2022 (87 FR 27032). The NPRM was prompted by reports 
of fatigue damage in the structure for the door stop fittings on 
certain fuselage frames, and new analysis by the manufacturer, which 
resulted in optimized compliance times for the inspections. The NPRM 
proposed to continue to require repetitive rototest inspections for 
cracking of the fastener holes in certain door stop fittings at revised 
compliance times, and corrective actions if necessary, as specified in 
EASA AD 2021-0242.
    The FAA is issuing this AD to address cracking at the door stop 
fitting holes of fuselage frame (FR) 66 and FR68 which could result in 
reduced structural integrity of the airplane. See the MCAI for 
additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from one commenter, Delta Air Lines, Inc. 
(DAL). The following presents the comments received on the NPRM and the 
FAA's response to each comment.

Request To Revise Exception Language

    DAL requested that the language in paragraph (h)(3) of the proposed 
AD be revised to clearly state that the manufacturer must be contacted 
only ``when cracking exceeds the limits from the applicable SRM 
[structural repair manual]'' as opposed to ``if any crack is found 
during any inspection'' as stated in the NPRM. DAL pointed out that 
paragraph (2) of EASA AD 2021-0242 establishes requirements if a crack 
is detected and identified within the limit defined in the applicable 
SRM, and paragraph (3) of EASA AD 2021-0242 establishes corrective 
action requirements when cracking exceeds the limits from the 
applicable SRM. DAL emphasized that paragraph (h)(3) of the proposed 
rule does not make that distinction and that the exception specifies 
that any cracking found must be repaired before further flight. Because 
of this omission and the use of the verbiage ``if any crack is found 
during any inspection,'' DAL reasoned that paragraph (h)(3) of the 
proposed AD indicates that it applies to all instances of cracking, 
regardless of whether it exceeds SRM limits. DAL suggested that the 
exception paragraph would drive operators to obtain the specified level 
of approval for all crack findings from the required inspections, even 
if there are SRM approved repairs that are addressed by paragraph (2) 
of EASA AD 2021-0242.
    The FAA agrees to clarify. Paragraph (h)(3) of this AD is included 
to ensure that any cracks are repaired before further flight, and 
applies only to the cracks specified in paragraph (3) of EASA AD 2021-
0242 (i.e., those found during the rototest inspections and exceeding 
the applicable SRM limit). Paragraph (3) of EASA AD 2021-0242 specifies 
to contact Airbus for instructions before further fight, but does not 
specify that the repair must be done before further flight. Since FAA 
policy does not allow flights with known cracks, an exception is needed 
to clarify the compliance time. The FAA notes that paragraph (2) of 
EASA AD 2021-0242 specifies accomplishing repair and corrective actions 
before further flight, so a similar exception is not needed for that 
action. However, the FAA agrees that clarification related to which 
cracks the language in paragraph (h)(3) of this AD applies to would be 
helpful. Therefore, the FAA has revised paragraph (h)(3) of this AD to 
specify that the actions are required only for cracks that exceed the 
applicable SRM limits.

Request To Include a New Exception

    DAL requested that the FAA include an additional exception to the 
proposed AD that clarifies the ``contact Airbus'' language in 
paragraphs (5.2) and (6) of EASA AD 2021-0242. DAL noted that 
paragraphs (5.2) and (6) of EASA AD 2021-0242 require contacting 
Airbus, and reasoned that an exception similar to that in paragraph 
(h)(3) of the proposed AD would be needed. DAL pointed out that the 
language used in paragraphs (5.2) and (6) of EASA AD 2021-0242 is 
related to providing credit for actions that have been accomplished, 
rather than providing a corrective action like in paragraph (3) of EASA 
AD 2021-0242, so different language would be needed. DAL provided 
suggested wording, and stated that its proposed exception would ensure 
that the same actions are mandated at all instances where EASA AD 2021-
0242 requires contacting the manufacturer.
    The FAA agrees to clarify. Paragraph (j)(2) of this AD already 
specifies what actions to take in instances where the EASA AD or 
related service information specifies to contact the manufacturer. As 
explained previously, paragraph (h)(3) of this AD is needed to clarify 
the compliance time for crack repair, rather than simply clarifying who 
to contact for instructions. Therefore, an additional exception is not 
needed and this AD has not been changed regarding this issue.

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, considered the 
comment received, 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, 
and any other changes described previously, 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 2021-0242 specifies procedures for rototest inspections for 
cracking of the fastener holes in the airframe structure for the door 
stop fittings installation in FR66 and FR68, and corrective actions. 
Corrective actions include repair or modification of fastener holes at 
door stop locations. 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 1,084 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                                Cost on U.S.
           Action                  Labor cost         Parts cost      Cost per  product          operators
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Inspections................  Up to 25 work-hours x              $0  Up to $2,125.........  Up to $2,303,500.
                              $85 per hour =
                              $2,125.
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[[Page 72371]]

    The FAA estimates the following costs to do any necessary on-
condition modifications 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 modifications:

                 Estimated Costs of On-Condition Actions
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          Labor cost             Parts cost         Cost per product
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Up to 27 work-hours x $85 per            $610  Up to $2,905.
 hour = $2,295.
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this 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

    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) AD 2018-03-12, Amendment 39-
19185 (83 FR 5906, February 12, 2018) (AD 2018-03-12); and
0
b. Adding the following new AD:

2022-22-04 Airbus SAS: Amendment 39-22219; Docket No. FAA-2022-0503; 
Project Identifier MCAI-2021-01244-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 30, 
2022.

(b) Affected ADs

    This AD replaces AD 2018-03-12, Amendment 39-19185 (83 FR 5906, 
February 12, 2018) (AD 2018-03-12).

(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 2021-0242, dated November 8, 2021 (EASA AD 2021-0242).
    (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) Reason

    This AD was prompted by reports of fatigue damage in the 
structure for the door stop fittings on certain fuselage frames, and 
new analysis by the manufacturer, which resulted in optimized 
compliance times for the inspections. The FAA is issuing this AD to 
address cracking at the door stop fitting holes of fuselage frame 
(FR) 66 and FR68, which could result in reduced structural integrity 
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, EASA AD 2021-0242.

(h) Exceptions to EASA AD 2021-0242

    (1) Where EASA AD 2021-0242 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0242 does not apply 
to this AD.
    (3) Where paragraph (3) of EASA AD 2021-0242 specifies ``if, 
during any inspection as required by paragraph (1) of this [EASA] 
AD, a crack is detected and identified exceeding the limit defined 
in the applicable SRM [structural repair manual]'' to ``contact 
Airbus for approved instructions for corrective action and 
accomplish those instructions accordingly,'' replace those phrases 
with the following phrase: ``if any cracking is found and exceeding 
the limit defined in the applicable SRM, the cracking must be 
repaired before further flight using a method approved by the 
Manager, Large Aircraft Section, 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.''
    (4) Where paragraphs (2), (3), (5), and (5.1) of EASA AD 2021-
0242 specify limits or actions in ``the applicable SRM'' or ``the 
SRM,'' for purposes of this AD, replace those phrases with the 
following phrase: ``the applicable SRM as specified in the 
instructions of the inspection SB.''

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0242 
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

[[Page 72372]]

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: [email protected].
    (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 2018-03-12 are approved as 
AMOCs for the corresponding provisions of EASA AD 2021-0242 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, Large Aircraft 
Section, 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) Related Information

    For more information about this AD, contact Hye Yoon Jang, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 817-222-5584; email [email protected].

(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 2021-0242, 
dated November 8, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0242, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet 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 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 20, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-25509 Filed 11-23-22; 8:45 am]
BILLING CODE 4910-13-P