[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Proposed Rules]
[Pages 2273-2276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00186]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / 
Proposed Rules  

[[Page 2273]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0009; Project Identifier MCAI-2022-00789-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2020-05-16, which applies to certain Airbus SAS Model A319-115 
airplanes; Model A320-214, -216, -232, -251N, and -271N airplanes; and 
Model A321-211, -231, -251N, -251NX, -253N, -271N, -271NX, and -272N 
airplanes. AD 2020-05-16 requires a one-time detailed inspection of 
certain attaching points on the left-hand and right-hand wings for the 
correct installation of certain hardware, and, depending on findings, 
accomplishment of applicable corrective actions. Since the FAA issued 
AD 2020-05-16, a determination was made that additional airplanes are 
subject to the unsafe condition. This proposed AD would continue to 
require the actions in AD 2020-05-16 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 February 
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-2023-0009; 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 EASA AD on the EASA website at ad.easa.europa.eu. It is 
also available at regulations.gov under Docket No. FAA-2023-0009.
     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: Hyeyoon Jang, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; phone (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-2023-0009; Project Identifier 
MCAI-2022-00789-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 
Hyeyoon Jang, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
phone (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 2020-05-16, Amendment 39-19866 (85 FR 15938, 
March 20, 2020) (AD 2020-05-16), for certain Airbus SAS Model A319-115 
airplanes; Model A320-214, -216, -232, -251N, and -271N airplanes; and 
Model A321-211, -231, -251N, -251NX, -253N, -271N, -271NX, and -272N 
airplanes. AD 2020-05-16 was prompted by an MCAI originated by EASA, 
which is the Technical Agent for the Member States of the European 
Union. EASA issued AD 2019-0233, dated September 18, 2019; corrected 
September 19, 2019 (EASA AD 2019-0233), to correct an unsafe condition.

[[Page 2274]]

    AD 2020-05-16 requires a one-time detailed inspection of certain 
attaching points on the left-hand and right-hand wings for the correct 
installation of certain hardware, and, depending on findings, 
accomplishment of applicable corrective actions. The FAA issued AD 
2020-05-16 to address incomplete installations of the over wing panel 
lug attachments in the production assembly line, which, if not detected 
and corrected, could reduce the structural integrity of the wing.

Actions Since AD 2020-05-16 Was Issued

    Since the FAA issued AD 2020-05-16, EASA superseded EASA AD 2019-
0233, and issued EASA AD 2022-0111, dated June 15, 2022 (EASA AD 2022-
0111) (also referred to as the MCAI), to correct an unsafe condition 
for certain Airbus SAS Model A319-115 airplanes; Model A320-214, -216, 
-232, -251N, and -271N airplanes; and Model A321-211, -231, -251N, -
251NX, -252NX, -253N, -253NX, -271N, -271NX, and -272N airplanes. The 
MCAI states that since EASA AD 2019-0233 was issued, Airbus identified 
additional affected airplanes.
    The FAA is issuing this AD to address incomplete installations of 
the over wing panel lug attachments in the production assembly line, 
which, if not detected and corrected, could reduce the structural 
integrity of the wing. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2023-0009.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2020-05-16, this proposed AD would retain all of the 
requirements of AD 2020-05-16. Those requirements are referenced in 
EASA AD 2022-0111, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0111 specifies procedures for a one-time detailed 
inspection of certain attaching points on the left-hand and right-hand 
wings for the correct installation of certain hardware (bolt, nut, 
washer, and cotter pin), and, depending on findings, accomplishment of 
applicable corrective actions. Corrective actions include installing 
missing hardware, properly orienting hardware, and performing a damage 
assessment for cracks and deformed parts in the event of missing 
hardware, and repair. For certain airplanes, EASA AD 2022-0111 also 
specifies reporting the 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

    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 retain all requirements of AD 2020-05-16. 
This proposed AD would require accomplishing the actions specified in 
EASA AD 2022-0111 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 2022-0111 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0111 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 2022-0111 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-
0111. Service information required by EASA AD 2022-0111 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-0009 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 131 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170          $22,700
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    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 up to $11,135, 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:

[[Page 2275]]



                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
          Labor cost              Parts cost        Cost per product
------------------------------------------------------------------------
Up to 20 work-hours x $85 per  Up to $77,850..  Up to $79,550.
 hour = $1,700.
------------------------------------------------------------------------

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) 2020-05-16, Amendment 39-19866 
(85 FR 15938, March 20, 2020); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-0009; Project Identifier MCAI-2022-
00789-T.

(a) Comments Due Date

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

(b) Affected ADs

    This AD replaces AD 2020-05-16, Amendment 39-19866 (85 FR 15938, 
March 20, 2020) (AD 2020-05-16).

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2022-0111, dated June 15, 2022 (EASA AD 2022-0111).
    (1) Model A319-115 airplanes.
    (2) Model A320-214, -216, -232, -251N, and -271N airplanes.
    (3) Model A321-211, -231, -251N, -251NX, -252NX, -253N, -253NX, 
-271N, -271NX, and -272N airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of incomplete installations of 
the over wing panel lug attachments in the production assembly line 
and a determination that additional airplanes are subject to the 
unsafe condition. The FAA is issuing this AD to address these 
incomplete installations. The unsafe condition, if not addressed, 
could result in reduced structural integrity of the wing.

(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 2022-0111.

(h) Exceptions to EASA AD 2022-0111

    (1) Where EASA AD 2022-0111 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0111 refers to October 2, 2019 (the 
effective date of EASA AD 2019-0233), this AD requires using April 
24, 2022 (the effective date of AD 2020-05-16).
    (3) Where paragraph (5) of EASA AD 2022-0111 specifies to 
``contact Airbus for approved instructions, and within the 
compliance time identified therein, accomplish those instructions 
accordingly'' if discrepancies 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.
    (4) The ``Remarks'' section of EASA AD 2022-0111 does not apply 
to this AD.
    (5) Where paragraph (2) of EASA AD specifies a compliance time, 
for this AD the compliance time is ``before exceeding 14,000 flight 
hours or 7,000 flight cycles, whichever occurs first since airplane 
first flight; or within 30 days after the effective date of this AD; 
whichever occurs later.''

[[Page 2276]]

(i) No Reporting Requirement for Certain Airplanes

    For Group 1 airplanes, as identified in EASA AD 2022-0111, this 
AD does not require reporting.

(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) 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 2020-05-16 are approved as AMOCs for the 
corresponding provisions of EASA AD 2022-0111 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 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

    For more information about this AD, contact Hyeyoon Jang, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone (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 2022-0111, 
dated June 15, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0111, 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 January 4, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-00186 Filed 1-12-23; 8:45 am]
BILLING CODE 4910-13-P