[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Proposed Rules]
[Pages 41518-41522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13566]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1221; Project Identifier MCAI-2023-00070-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) 
2020-06-10, which applies 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 2020-06-10 requires repetitive inspections for 
cracking of the vertical stiffeners of the left- and right-hand sides 
of the window frames and corrective actions if necessary. Since the FAA 
issued AD 2020-06-10, it was determined that certain compliance times 
need to be reduced. This proposed AD would retain the requirements of 
AD 2020-06-10, with amended compliance times, 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 August 11, 
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.

[[Page 41519]]

     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-2023-1221; 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 the EASA AD identified in this NPRM, you may 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-2023-1221.
     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: Timothy Dowling, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3667; 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-2023-1221; Project Identifier 
MCAI-2023-00070-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 
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 206-231-3667; 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 2020-06-10, Amendment 39-19879 (85 FR 17490, 
March 30, 2020) (AD 2020-06-10), 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, -216, -231, -232, and -
233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, 
and -232 airplanes. AD 2020-06-10 was prompted by an MCAI originated by 
EASA, which is the Technical Agent for the Member States of the 
European Union. EASA issued AD 2019-0173, dated July 18, 2019, to 
correct an unsafe condition.
    AD 2020-06-10 requires repetitive inspections for cracking of the 
vertical stiffeners of the left- and right-hand sides of the window 
frames and corrective actions if necessary. The FAA issued AD 2020-06-
10 to address cracking of the vertical stiffeners of the left- and 
right-hand sides of the window frames, which could affect the 
structural integrity of the airplane.

Actions Since AD 2020-06-10 Was Issued

    Since the FAA issued AD 2020-06-10, it was determined that certain 
compliance times need to be reduced, based on further analysis. EASA 
superseded EASA AD 2019-0173, dated July 18, 2019, and issued EASA AD 
2023-0009, dated January 16, 2023 (EASA AD 2023-0009) (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 proposed AD therefore does not include 
those airplanes in the applicability. The MCAI states that, during an 
inspection, cracking was found on the frame of the right-hand side 
sliding window in the flight deck. This condition, if not corrected, 
could lead to reduced structural integrity of the airplane.
    The FAA is proposing this AD to address the unsafe condition on 
these products. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2023-1221.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2020-06-10, this proposed AD would retain the 
requirements of AD 2020-06-10. Those requirements are referenced in 
EASA AD 2023-0009, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0009 specifies procedures for repetitive inspections 
for cracking of the vertical stiffeners of the left- and right-hand 
sides of the window frame and corrective actions if necessary. 
Corrective actions include modification, rework, 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 this 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

[[Page 41520]]

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 2023-0009 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 2023-0009 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0009 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 2023-0009 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 2023-
0009. Service information required by EASA AD 2023-0009 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-1221 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,525 airplanes of U.S. registry. The FAA estimates the 
following costs to comply with this proposed 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 2020-06-   11 work-hours x $85               $0             $935   $1,425,875 per
 10.                                 per hour = $935.                                        inspection cycle.
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* 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 proposed 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 $129,625, or $85 per product.
    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 this on-condition modification:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
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5 work-hours x $85 per hour = $425....             (*)           * $425
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* The FAA has received no definitive data on which to base the parts
  cost estimates for the on-condition modification specified in this
  proposed AD.

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the other on-condition actions 
specified in this proposed AD.

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

[[Page 41521]]

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) 2020-06-10, Amendment 39-19879 
(85 FR 17490, March 30, 2020); and
0
b. Adding the following new AD:


Airbus SAS: Docket No. FAA-2023-1221; Project Identifier MCAI-2023-
00070-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 11, 2023.

(b) Affected ADs

    This AD replaces AD 2020-06-10, Amendment 39-19879 (85 FR 17490, 
March 30, 2020) (AD 2020-06-10).

(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 2023-0009, dated January 16, 2023 (EASA AD 2023-0009).
    (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 of cracking found on the frame 
of the right-hand side sliding window in the flight deck, and a 
determination that certain compliance times need to be reduced. The 
FAA is issuing this AD to address cracking of the vertical 
stiffeners of the left- and right-hand sides of the window frames, 
which 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 2023-0009.

(h) Exceptions to EASA AD 2023-0009

    (1) Where EASA AD 2023-0009 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2023-0009 refers to August 1, 2019 (the 
effective date of EASA AD 2019-0173), this AD requires using May 4, 
2020 (the effective date of AD 2020-06-10).
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0009.
    (4) Paragraph (3) of EASA AD 2023-0009 specifies to report 
inspection results to Airbus within a certain compliance time. For 
this AD, report inspection results (in case of findings only) at the 
applicable time specified in paragraph (h)(4)(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 within 90 days after the effective date 
of this AD.
    (5) Where paragraph (5) of EASA AD 2023-0009 specifies credit 
for certain actions, this AD provides credit for using the torque 
values specified in Section 13 of the Airbus technical adaptations 
(TAs) identified in paragraphs (h)(5)(i) through (vi) of this AD, 
when installing a certain eccentric referenced in ``Airbus SB A320-
53-1402 original issue'' or ``Airbus SB A320-53-1403 original 
issue,'' as specified in the applicable TA, before the effective 
date of this AD.
    (i) Airbus TA 80662272/007/2019, Issue 1, dated August 29, 2019.
    (ii) Airbus TA 80662272/008/2019, Issue 1, dated August 29, 
2019.
    (iii) Airbus TA 80662272/009/2019, Issue 1, dated August 29, 
2019.
    (iv) Airbus TA 80662272/010/2019, Issue 1, dated August 29, 
2019.
    (v) Airbus TA 80696258/006/2019, Issue 1, dated October 29, 
2019.
    (vi) Airbus TA 80696258/007/2019, Issue 1, dated October 29, 
2019.
    (6) Where Table 1 of EASA AD 2023-0009 specifies configurations, 
replace the text ``post SB'' with ``post embodiment of SB'' and 
replace the text ``pre SB'' with ``pre embodiment of SB.''

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, may be issued to operate the airplane to a location where 
the requirements of this AD can be accomplished, but concurrence by 
the Manager, International Validation Branch, FAA, is required 
before issuance of the special flight permit.

(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 2020-06-10 are approved as 
AMOCs for the corresponding provisions of EASA AD 2023-0009 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 Timothy Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY; telephone 206-231-3667; 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

[[Page 41522]]

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 2023-0009, 
dated January 16, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0009, 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 June 21, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-13566 Filed 6-26-23; 8:45 am]
BILLING CODE 4910-13-P