[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Proposed Rules]
[Pages 76147-76150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24300]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2144; Project Identifier MCAI-2023-00898-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) 
2018-14-09, which applies to certain Airbus SAS Model A318 series 
airplanes; Model A319 series 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 2018-14-09 requires 
repetitive inspections for cracking of the fastener holes in certain 
fuselage frames, and depending on airplane configuration, provides an 
optional terminating action to the repetitive inspections. Since the 
FAA issued AD 2018-14-09, it was determined that additional actions are 
necessary beyond those required by AD 2018-14-09. This proposed AD 
would continue to require the actions in AD 2018-14-09 and would 
require modified compliance times, as well as further inspections and 
optional terminating actions 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 December 
21, 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-2023-2144; 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, 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-2023-2144.
     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.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 817-222-5102; 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-2023-2144; Project Identifier 
MCAI-2023-00898-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 817-222-5102; 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 2018-14-09, Amendment 39-19329 (83 FR 34034, July 
19, 2018) (AD 2018-14-09), for certain Airbus SAS Model A318 series 
airplanes; Model A319 series 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 2018-14-09 was prompted 
by an MCAI originated by EASA, which is the Technical Agent for the 
Member States of the European Union. EASA issued AD 2016-0139, dated 
July 14, 2016, to correct an unsafe condition.
    AD 2018-14-09 requires repetitive inspections for cracking of the 
fastener holes in certain fuselage frames, and depending on airplane 
configuration, provides an optional terminating action to the 
repetitive inspections. The FAA

[[Page 76148]]

issued AD 2018-14-09 to address cracking at two upper rows of fasteners 
of the crossbeam splicing at frame (FR)16 and FR20, on both the left-
hand (LH) and right-hand (RH) sides, which can result in reduced 
structural integrity of the airplane due to the failure of structural 
components.

Actions Since AD 2018-14-09 Was Issued

    Since the FAA issued AD 2018-14-09, EASA superseded AD 2016-0139, 
dated July 14, 2016, and issued EASA AD 2023-0150, dated July 20, 2023 
(EASA AD 2023-0150) (also referred to as the MCAI), to correct an 
unsafe condition for Airbus SAS A318-111, A318-112, A318-121, A318-122, 
A319-111, A319-112, A319-113, A319-114, A319-115, A319-131, A319-132, 
A319-133, A320-211, A320-212, A320-214, A320-215, A320-216, A320-231, 
A320-232, A320-233, A321-111, A321-112, A321-131, A321-211, A321-212, 
A321-213, A321-231 and A321-232 airplanes, all manufacturer serial 
numbers, except airplanes on which Airbus modification (mod) 161255 was 
embodied in production, Model A318 airplanes on which Airbus mod 39195 
was embodied in production, or Airbus Service Bulletin A320-00-1219 was 
embodied in service; and Model A319 airplanes on which Airbus mod 
28238, mod 28162, and mod 28342 were embodied in production. 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 repetitive inspections were instituted due to reports of cracks on 
the four holes of the crossbeam splicing at FR16 and FR20 on both LH 
and RH sides. Following further assessments, the need was determined 
for additional inspections, reduced compliance times, and an additional 
terminating action option.
    For the reasons described above, this proposed AD retains the 
requirements of AD 2018-14-09 (which corresponds to EASA AD 2016-0139), 
introduces new compliance times for airplanes that embody Airbus mod 
20416 or mod 21999, expands the inspection area for airplanes that 
embody neither Airbus mod 20416 nor mod 21999, and adds a terminating 
action option.
    The FAA is proposing this AD to address cracking at two upper rows 
of fasteners of the crossbeam splicing at FR16 and FR20, on both the LH 
and RH sides, which can result in reduced structural integrity of the 
airplane due to the failure of structural components. You may examine 
the MCAI in the AD docket at regulations.gov under Docket No. FAA-2023-
2144.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2018-14-09, this proposed AD would retain all of the 
requirements of AD 2018-14-09. Those requirements are referenced in 
EASA AD 2023-0150, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0150 specifies procedures for repetitive rototest 
inspections for cracking of the holes in certain fuselage frames and 
crossbeams and applicable corrective actions (including repairing 
cracking and replacing fasteners); and, for certain airplanes, 
procedures for modifying the airplane, including cold working 
instructions in certain fuselage frames and crossbeams, which would 
terminate the inspections (optional terminating action). 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 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all requirements of AD 2018-14-09. 
This proposed AD would require accomplishing the actions specified in 
EASA AD 2023-0150 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD and 
except as discussed under ``Differences Between this Proposed AD and 
the MCAI.''

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 2023-0150 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0150 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 2023-0150 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-
0150. Service information required by EASA AD 2023-0150 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-2144 
after the FAA final rule is published.

Differences Between This Proposed AD and the MCAI

    Although the applicability of EASA AD 2023-0150 references Airbus 
Service Bulletin A320-00-1219, the FAA contacted Airbus and learned 
that the referenced service information has not been published. 
Therefore, this proposed AD does not include that service information 
in the applicability.
    Where the service information referenced in paragraphs (8) and (9) 
of EASA AD 2023-0150, i.e., ``Airbus SB A320-53-1295,'' refers to 
actions when an existing hole diameter is ``more than or equal to the 
minimum starting hole diameter,'' paragraph (h)(6) of this proposed AD 
specifies to replace those words with ``more than or equal to the 
maximum starting hole diameter.'' In Airbus Operators Information Telex 
(OIT) 15-0097, Revision 01, dated January 7, 2016, Airbus confirmed 
that the corrective action in Airbus Service Bulletin A320-53-1295 that 
refers to ``more than or equal to the minimum starting hole diameter'' 
should be ``more than or equal to the maximum starting hole diameter.'' 
As explained in the ``Request to Include Corrections to Service 
Information'' paragraph in AD 2018-14-09, Airbus released OIT 15-0097, 
Revision 01, dated January 7, 2016, to correct discrepancies in Airbus 
Service Bulletin A320-53-1295, which is referred to paragraphs (k) and 
(m) of AD 2018-14-09. The FAA added paragraph (r) to AD 2018-14-09 to 
address the diameter hole discrepancy.

[[Page 76149]]

Paragraphs (k) and (m) of AD 2018-14-09 correspond to paragraphs (8) 
and (9) of EASA AD 2023-0150. Paragraph (r) of AD 2018-14-09 
corresponds to paragraph (h)(6) of this proposed AD.
    Where rows B and C of the ``Threshold'' column in Table 1 of EASA 
AD 2023-0150 refer to ``54 800 FH,'' for this proposed AD, those words 
should be replaced with ``54 900 FH'' because the existing flight-hour 
interval specified in Table 1 of AD 2018-14-09 is 54,900 flight hours. 
Once the initial inspection is done within the ``Threshold'' compliance 
times in Table 1 of EASA AD 2023-0150, the new repetitive flight-hour 
interval will be 54,800 flight hours (flight-hour component only; the 
complete new interval is 27,400 flight cycles or 54,800 flight hours, 
whichever occurs first). The FAA has included this exception in 
paragraph (h)(3) of the proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,680 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 on U.S.
              Action                    Labor cost           Parts cost      Cost per product      operators
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Retained actions from AD 2018-14-  31 work-hours x $85                  $0             $2,635         $4,426,800
 09.                                per hour = $2,635.
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                  Estimated Costs for Optional Actions
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           Labor cost                 Parts cost       Cost per product
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28 work-hours x $85 per hour =               $3,020              $5,400
 $2,380.........................
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required or optional actions. The FAA has no way of determining the 
number of aircraft that might need this on-condition action:

              Estimated Costs of On-Condition Replacements
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           Labor cost                 Parts cost       Cost per product
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14 work-hours x $85 per hour =                  $50              $1,240
 $1,190.........................
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    The FAA has received no definitive data that would enable us to 
provide cost estimates for the on-condition repairs 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 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) 2018-14-09, Amendment 39-19329 
(83 FR 34034, July 19, 2018); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-2144; Project Identifier MCAI-2023-
00898-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 21, 2023.

(b) Affected ADs

    This AD replaces AD 2018-14-09, Amendment 39-19329 (83 FR 34034, 
July 19, 2018) (AD 2018-14-09).

(c) Applicability

    This AD applies to Airbus SAS Model A318-111, -112, -121, and -
122 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; certificated in any category, all

[[Page 76150]]

manufacturer serial numbers, except the airplanes specified in 
paragraphs (c)(1) through (3) of this AD.
    (1) Airplanes on which Airbus modification 161255 has been 
embodied in production.
    (2) Model A319 series airplanes on which Airbus modifications 
28238, 28162, and 28342 have been concurrently embodied in 
production.
    (3) Model A318 series airplanes on which Airbus modification 
39195 has been embodied in production.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of early cracking on the four 
holes of the crossbeam splicing at certain fuselage frames (FR). The 
FAA is issuing this AD to address cracking at two upper rows of 
fasteners of the crossbeam splicing at FR16 and FR20, on both the 
left-hand (LH) and right-hand (RH) sides. The unsafe condition, if 
not addressed, could result in reduced structural integrity of the 
airplane due to the failure of structural components.

(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 
2023-0150, dated July 20, 2023 (EASA AD 2023-0150).

(h) Exceptions to EASA AD 2023-0150

    (1) Where EASA AD 2023-0150 refers to ``28 July 2016 [the 
effective date of EASA AD 2016-0139],'' this AD requires using 
August 23, 2018 (the effective date of AD 2018-14-09).
    (2) Where EASA AD 2023-0150 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where rows B and C of the ``Threshold'' column in Table 1 of 
EASA AD 2023-0150 refer to ``54 800 FH,'' for this AD, replace those 
words with ``54 900 FH.''
    (4) Where paragraph (5) of EASA AD 2023-0150 refers to ``valid 
within the EASA system,'' for this AD, replace those words with 
``approved by the FAA, EASA, Airbus's EASA Design Organization 
Approval (DOA), or an EASA DOA (other than Airbus's EASA DOA).''
    (5) Where paragraph (5) of EASA AD 2023-0150 specifies ``contact 
that design approval holder (DAH) for assessment and repair 
instructions, obtain EASA AMOC approval and accomplish those 
instructions accordingly, as applicable,'' for this AD, replace 
those words with ``modify the repair using a method approved by the 
Manager, International Validation Branch, FAA; or EASA; or Airbus's 
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.''
    (6) Where the service information referenced in paragraphs (8) 
and (9) of EASA AD 2023-0150 refers to actions when an existing hole 
diameter is ``more than or equal to the minimum starting hole 
diameter,'' for this AD, replace those words with ``more than or 
equal to the maximum starting hole diameter.''
    (7) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0150.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-0150 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(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]. 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 
paragraphs (i) and (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 11590; telephone 817-222-5102; 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 2023-0150, 
dated July 20, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0150, 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 material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Dated: Issued on October 30, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-24300 Filed 11-3-23; 8:45 am]
BILLING CODE 4910-13-P