[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Rules and Regulations]
[Pages 36465-36468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11820]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0165; Project Identifier MCAI-2022-01003-T; 
Amendment 39-22434; AD 2023-09-11]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-24-
13, 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, -216, -231, -232, and -233 airplanes; and 
Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. 
AD 2019-24-13 required repetitive high-frequency eddy current (HFEC) 
inspections for cracking of a stiffener of a certain lateral window 
frame, and applicable related investigative and corrective actions. 
This AD was prompted by a determination that certain inspection times 
need to be revised. This AD retains the requirements of AD 2019-24-13, 
with amended 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 July 10, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 10, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0165; 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

[[Page 36466]]

(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-2023-0165.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aerospace Engineer, 
FAA, International Validation Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3667; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-24-13, Amendment 39-21002 (84 FR 
71788, December 30, 2019) (AD 2019-24-13). AD 2019-24-13 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, -216, -231, -232, and -233 airplanes; and Model A321-111, -112, -
131, -211, -212, -213, -231, and -232 airplanes. AD 2019-24-13 required 
repetitive HFEC inspections for cracking of a stiffener of a certain 
lateral window frame, and rework, repair, or replacement of the lateral 
window frame, as applicable, as specified in EASA AD 2019-0067R1, dated 
September 11, 2019 (EASA AD 2019-0067R1). The FAA issued AD 2019-24-13 
to address cracking of the horizontal upper stiffener of the lateral 
window frame, which could reduce the structural integrity of the 
fuselage.
    The NPRM published in the Federal Register on February 15, 2023 (88 
FR 9776). The NPRM was prompted by AD 2022-0151, dated July 26, 2022, 
issued by EASA (EASA AD 2022-0151) (also referred to as the MCAI). The 
MCAI states that several occurrences were reported where, during a 
maintenance check, cracks were found in the horizontal upper stiffener 
of the lateral window frame at the frame 4 upper attachment. Since EASA 
AD 2019-0067R1 was issued, it was determined that the embodiment of 
Airbus production modification (mod) 161229 does not provide any 
benefit versus the pre-mod 161229 configuration, and Airbus issued 
revised service information to remove the credit and higher inspection 
threshold for post-mod 161229 airplanes. In addition, based on new 
calculations, the inspection interval was increased. The unsafe 
condition, if not addressed, could reduce the structural integrity of 
the fuselage.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0165.
    In the NPRM, the FAA proposed to retain the requirements of AD 
2019-24-13, with amended compliance times, as specified in EASA AD 
2022-0151. The FAA is issuing this AD to address cracking of the 
horizontal upper stiffener of the lateral window frame, which could 
reduce the structural integrity of the fuselage.

Discussion of Final Airworthiness Directive

Comments

    The FAA received one comment, from Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.

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 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, 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 2022-0151 specifies procedures for repetitive HFEC 
inspections of the horizontal upper stiffener of the lateral window 
frame on the right-hand (RH) and left-hand (LH) sides for any cracking 
and applicable related investigative and corrective actions. Related 
investigative and corrective actions include repair, replacement, and 
rework. EASA AD 2022-0151 also specifies reporting to Airbus if any 
discrepancies (cracking) are found during the inspections. 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
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Retained actions from AD 2019-24-13...  9 work-hours x $85 per                $0            $765        $987,615
                                         hour = $765.
New proposed actions..................  6 work-hours x $85 per                 0             510         779,280
                                         hour = $510.
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    The FAA estimates the following costs to do any necessary on-
condition rework, replacement, or reporting 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 36467]]



                Estimated Costs of On-Condition Actions *
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                                                             Cost per
          Labor cost                   Parts cost            product
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Up to 543 work-hours x $85 per  Up to $107,370.........        $153,525
 hour = $46,155.
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* The FAA has received no definitive data on which to base the cost
  estimates for the on-condition repairs specified in this AD.

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the cost estimate.

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 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) 2019-24-13, Amendment 39-21002 
(84 FR 71788, December 30, 2019); and
0
b. Adding the following new AD:

2023-09-11 Airbus SAS: Amendment 39-22434; Docket No. FAA-2023-0165; 
Project Identifier MCAI-2022-01003-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 10, 2023.

(b) Affected ADs

    This AD replaces AD 2019-24-13, Amendment 39-21002 (84 FR 71788, 
December 30, 2019).

(c) Applicability

    This AD applies to Airbus SAS airplanes identified in paragraphs 
(c)(1) through (4) of this AD, certificated in any category, as 
identified in European Union Aviation Safety Agency (EASA) AD 2022-
0151, dated July 26, 2022 (EASA AD 2022-0151).
    (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) Unsafe Condition

    This AD was prompted by a report that during a maintenance 
check, cracks were found in the horizontal upper stiffener of the 
lateral window frame at the frame 4 upper attachment, and a 
determination that certain compliance times need to be revised. The 
FAA is issuing this AD to address cracking of the horizontal upper 
stiffener of the lateral window frame. The unsafe condition, if not 
addressed, could reduce the structural integrity of the fuselage.

(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 2022-0151.

(h) Exceptions to EASA AD 2022-0151

    (1) Where EASA AD 2022-0151 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0151.
    (3) Paragraph (7) of EASA AD 2022-0151 specifies to report 
inspection results to Airbus within a certain compliance time. For 
this AD, report inspection results at the applicable time specified 
in paragraph (h)(3)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 90 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report

[[Page 36468]]

within 90 days after the effective date of this AD.
    (4) Where EASA AD 2022-0151 specifies to perform corrective 
actions if ``discrepancies are detected, as identified in the 
inspection SB,'' for this AD perform corrective actions if cracking 
is detected.
    (5) Instead of complying with paragraph (2) of EASA AD 2022-
0151, comply with the following: ``If, during any inspection as 
required by paragraph (1) of EASA AD 2022-0151, for this AD, if any 
cracking is detected and the stiffener has already been reworked, or 
if any cracking is not removed after a third rework of the 
horizontal upper stiffener, 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.''

(i) 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 (j) 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 2019-24-13 are approved as 
AMOCs for the corresponding provisions of EASA AD 2022-0151 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 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 Timothy Dowling, 
Aerospace Engineer, FAA, International Validation Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-
3667; 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 2022-0151, 
dated July 26, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0151, 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 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 May 8, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-11820 Filed 6-2-23; 8:45 am]
BILLING CODE 4910-13-P