[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20727-20730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07167]



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 Rules and Regulations
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  Federal Register / Vol. 88 , No. 67 / Friday, April 7, 2023 / Rules 
and Regulations  

[[Page 20727]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1475; Project Identifier MCAI-2022-00823-T; 
Amendment 39-22383; AD 2023-05-14]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-06-
02, which applied 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 required 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 AD continues 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 incorporated by reference. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective May 12, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 12, 
2023.

ADDRESSES: 
    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 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 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 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-2022-1475.

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: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2022-06-02, Amendment 39-21968 (87 FR 
16094, March 22, 2022) (AD 2022-06-02). AD 2022-06-02 applied 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 required 
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.
    The NPRM published in the Federal Register on November 18, 2022 (87 
FR 69228). The NPRM was prompted by AD 2022-0120R1, dated June 30, 
2022, issued by EASA, which is the Technical Agent for the Member 
States of the European Union (EASA AD 2022-0120R1) (also referred to as 
the MCAI). The MCAI was prompted by reports of damaged lower lateral 
fittings of the 80VU rack and a determination that the compliance times 
must be revised. The MCAI states that damage or cracking of the 80VU 
fittings and supports 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.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1475.
    In the NPRM, the FAA proposed to retain all of the requirements in 
AD 2022-06-02 with revised compliance times, as specified in EASA AD 
2022-0120R1, dated June 30, 2022. The FAA is issuing this AD to address 
the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from United Airlines and the Air Line 
Pilots Association, International (ALPA). Both supported the NPRM 
without change.
    The FAA received an additional comment from American Airlines 
(AAL). The following presents the comment received on the NPRM and the 
FAA's response to that comment.

Request for Using a Borescope in Place of an Endoscope During the 
Inspections of the 80VU Components

    AAL stated that EASA AD 2022-0120R1 requires the use of Airbus 
Service Bulletin A320-25-1BKJ, Revision 4, which changes all references 
from ``borescope'' to ``endoscope'' in the required for compliance (RC) 
inspection steps. AAL requested the AD include a statement that a 
``borescope'' can be used in place of an ``endoscope'' during the 
inspections of the 80VU components

[[Page 20728]]

as they are identical for purposes of this inspection. AAL stated it 
considers an endoscope and a borescope to be identical for the purposes 
of this inspection.
    The FAA agrees with the change requested by AAL. The service 
instructions should allow for using a borescope in place of an 
endoscope during the inspections of the 80VU components. The FAA has 
added paragraph (h)(6) to this AD to include this information.

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 
comments 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 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.

Costs of Compliance

    The FAA estimates that this AD affects 1,528 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
            Action                Labor cost       Parts cost       Cost per product     Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022- Up to 8 work-                 $0  Up to $680...........  Up to $1,039,040.
 06-02.                         hours x $85 per
                                hour = Up to
                                $680.
----------------------------------------------------------------------------------------------------------------
* 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 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
----------------------------------------------------------------------------------------------------------------
              Action                      Labor cost               Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
Repair............................  122 work-hours x $85   $4,150....................  $14,520.
                                     per hour = $10,370.
Replacement.......................  Up to 189 work-hours   Up to $6,928..............  Up to $22,993.
                                     x $85 per hour = Up
                                     to $16,065.
Modification......................  189 work-hours x $85   $7,407....................  $23,472.
                                     per 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 currently 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

    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

[[Page 20729]]

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

2023-05-14 Airbus SAS: Amendment 39-22383; Docket No. FAA-2022-1475; 
Project Identifier MCAI-2022-00823-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 12, 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, 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) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0120R1.
    (6) Where the service information referenced in EASA AD 2022-
0120R1 specifies to use a ``endoscope'' during the inspections of 
the 80VU components, this AD allows using a borescope during the 
inspections of the 80VU components. An endoscope and a borescope are 
identical for the purposes of this inspection.

(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

[[Page 20730]]

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 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 March 9, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07167 Filed 4-6-23; 8:45 am]
BILLING CODE 4910-13-P