[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Proposed Rules]
[Pages 76155-76158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26976]



[[Page 76155]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1581; Project Identifier MCAI-2022-00803-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) 
2019-18-07, which applies to certain Airbus SAS 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 2019-18-07 requires 
repetitive rototest inspections of the open tack holes and rivet holes 
at the cargo floor support fittings of the fuselage, including doing 
all applicable related investigative actions and repair if necessary. 
AD 2019-18-07 also adds actions (modification) for certain airplanes. 
Since the FAA issued AD 2019-18-07, it was determined that certain 
airplanes need to do additional work. This proposed AD would continue 
to require the actions in AD 2019-18-07 and would require additional 
work for certain airplanes, 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 27, 
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-2022-1581; 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 ad.easa.europa.eu. It is 
also available at regulations.gov under Docket No. FAA-2022-1581.
     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.

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:

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-2022-1581; Project Identifier 
MCAI-2022-00803-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 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]. 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 2019-18-07, Amendment 39-19734 (84 FR 50721, 
September 26, 2019) (AD 2019-18-07), for certain Airbus SAS 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 
2019-18-07 was prompted by MCAI originated by EASA, which is the 
Technical Agent for the Member States of the European Union. EASA 
issued AD 2018-0233R1, dated November 28, 2018 (EASA AD 2018-0233R1), 
to correct an unsafe condition.
    AD 2019-18-07 requires repetitive rototest inspections of the open 
tack holes and rivet holes at the cargo floor support fittings of the 
fuselage, including doing all applicable related investigative actions, 
and repair if necessary. AD 2019-18-07 also adds actions (modification) 
for certain airplanes The FAA issued AD 2019-18-07 to address cracking 
in the open tack holes and rivet holes at the cargo floor support 
fittings of the fuselage. This condition, if not addressed, could 
affect the structural integrity of the airplane.
    AD 2019-18-07 superseded AD 2015-17-14, Amendment 39-18247 (80 FR 
52182, August 28, 2015) (AD 2015-17-14). AD 2019-18-07 was based on 
further analysis and widespread fatigue damage (WFD) evaluations which 
identified the need to reduce the initial compliance times and 
repetitive intervals specified in AD 2015-17-14

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for the inspections for certain airplanes, and to add work for certain 
airplanes.

Actions Since AD 2019-18-07 Was Issued

    Since the FAA issued AD 2019-18-07, EASA superseded EASA AD 2018-
0233R1, and issued EASA AD 2022-0115, dated June 20, 2022 (EASA AD 
2022-0115) (also referred to as the MCAI), to correct an unsafe 
condition for certain 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 MCAI states that new technical considerations 
identified the need to introduce additional work for certain airplanes 
previously modified as specified in AD 2019-18-07. The MCAI also states 
that cracking in the open tack holes and rivet holes at the cargo floor 
support fittings of the fuselage, if not addressed, could affect the 
structural integrity of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1581.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2019-18-07, this proposed AD would retain all of the 
requirements of AD 2019-18-07. Those requirements are referenced in 
EASA AD 2022-0115, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0115 specifies repetitive inspections of the open tack 
holes and rivet holes of the fuselage frames below the cargo floor 
support fittings for cracking, including doing all applicable related 
investigative actions (inspections of the related frame layer (vertical 
web/horizontal flange) for cracking) and repair. EASA AD 2022-0115 also 
specifies procedures for modification of the fuselage (including 
replacing the shear webs and certain frame clips, adding additional 
support angles, and cold expanding one tack hole and one tooling home 
in each frame). EASA AD 2022-0115 also specifies procedures for 
additional work for certain Model A321 airplanes previously modified as 
specified AD 2019-18-07. The additional work includes replacing 
affected fasteners on frames 62 and 63 after doing a rototest for 
cracking, cold working the fastener holes, and repair.
    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

    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 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 the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0115 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 2022-0115 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0115 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 2022-0115 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-
0115. Service information required by EASA AD 2022-0115 for compliance 
will be available at regulations.gov under Docket No. FAA-2022-1581 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,267 airplanes of U.S. registry. The FAA estimates the 
following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on  U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2019-18-  Up to 474 work-hours      $13,000  Up to $53,290.......  Up to $67,518,430.
 07.                                x $85 per hour = Up
                                    to $40,290.
New proposed actions.............  28 work-hours x $85            50  $2,430..............  $2,430 per product.
                                    per hour = $2,380.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions 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

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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) 2019-18-07, Amendment 39-19734 
(84 FR 50721, September 26, 2019); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-1581; Project Identifier MCAI-2022-
00803-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 27, 2023.

(b) Affected ADs

    This AD replaces AD 2019-18-07, Amendment 39-19734 (84 FR 50721, 
September 26, 2019) (AD 2019-18-07).

(c) Applicability

    This AD applies to Airbus SAS 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; certificated in any 
category, as identified in European Aviation Safety Agency (EASA) AD 
2022-0115, dated June 20, 2022 (EASA AD 2022-0115).

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by widespread fatigue damage (WFD) 
evaluations and full-scale fatigue testing that revealed several 
broken frames in certain areas of the cargo compartment, and by the 
determination that additional work is needed for certain airplanes. 
The FAA is issuing this AD to address cracking in the open tack 
holes and rivet holes at the cargo floor support fittings of the 
fuselage. The unsafe condition, if not addressed, could affect the 
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 2022-0115.

(h) Exceptions to EASA AD 2022-0115

    (1) Where EASA AD 2022-0115 refers to January 3, 2014 (the 
effective date of EASA AD 2013-0310), this AD requires using October 
2, 2015 (the effective date of AD 2015-17-14, Amendment 39-18247 (80 
FR 52182, August 28, 2015)).
    (2) Where EASA AD 2022-0115 refers to November 9, 2018 (the 
effective date of EASA AD 2018-0233 at original issue), this AD 
requires using October 31, 2019 (the effective date of AD 2019-18-
07).
    (3) Where EASA AD 2022-0115 refers to its effective date, this 
AD requires using the effective date of this AD.
    (4) Where paragraph (2) of EASA AD 2022-0115 specifies ``contact 
Airbus for approved repair instructions and, within the compliance 
time identified therein, accomplish those instructions accordingly'' 
if a crack is 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.
    (5) The ``Remarks'' section of EASA AD 2022-0115 does not apply 
to this AD.

(i) Additional FAA 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 (j) of this AD. 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 (i)(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.

(j) Additional 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].

(k) 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 2022-0115, 
dated June 20, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0115, 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.


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    Issued on December 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26976 Filed 12-12-22; 8:45 am]
BILLING CODE 4910-13-P