[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Rules and Regulations]
[Pages 19231-19234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05494]


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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; 
Amendment 39-22683; AD 2024-04-04]
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) 2018-14-
09, which applied 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 required 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. This AD was prompted 
by reports of early cracking on the four holes of the crossbeam 
splicing at certain fuselage frames (FR). This AD continues to require 
the actions in AD 2018-14-09 at modified compliance times, requires 
further inspections, and provides optional terminating actions for 
certain airplanes; as specified in 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 April 22, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 22, 
2024.

ADDRESSES: 
    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 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 that is incorporated by 
reference 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-2023-2144.

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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2018-14-09, Amendment 39-19329 (83 FR 
34034, July 19, 2018) (AD 2018-14-09). AD 2018-14-09 applied 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 required 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 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.
    The NPRM published in the Federal Register on November 6, 2023 (88 
FR 76147). The NPRM was prompted by AD 2023-0150, dated July 20, 2023 
(EASA AD 2023-0150) (also referred to as the MCAI), issued by EASA, 
which is the Technical Agent for the Member States of the European 
Union. 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

[[Page 19232]]

compliance times, and an additional terminating action option.
    In the NPRM, the FAA proposed to continue to require repetitive 
inspections for cracking of the fastener holes in certain fuselage 
frames, and depending on airplane configuration, to provide an optional 
terminating action to the repetitive inspections, as specified in EASA 
AD 2023-0150. The FAA is issuing 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-2023-2144.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from American Airlines and United 
Airlines. The following presents the comments received on the NPRM and 
the FAA's response.

Request To Allow Previously Issued Alternative Methods of Compliance 
(AMOCs)

    American Airlines and United Airlines requested that the proposed 
AD be changed to allow the use of previously issued AMOCs including 
global AMOC AIR-731-23-00448, dated September 19, 2023, for certain 
actions of AD 2018-14-09 that are retained in this AD.
    The FAA agrees and has redesignated paragraph (j)(1) of the 
proposed AD as paragraphs (j)(1) and (j)(1)(i) of this AD and has added 
paragraph (j)(1)(ii) of this AD to allow the use of applicable 
previously issued AMOCs.

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 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.

Costs of Compliance

    The FAA estimates that this AD affects 1,680 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 2018-14-09....  31 work-hours x $85 per              $0          $2,635      $4,426,800
                                          hour = $2,635.
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                  Estimated Costs for Optional Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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28 work-hours x $85 per hour = $2,380.          $3,020           $5,400
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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
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
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14 work-hours x $85 per hour = $1,190.             $50           $1,240
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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.

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

[[Page 19233]]

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) 2018-14-09, Amendment 39-19329 
(83 FR 34034, July 19, 2018); and
0
b. Adding the following new AD:

2024-04-04 Airbus SAS: Amendment 39-22683; Docket No. FAA-2023-2144; 
Project Identifier MCAI-2023-00898-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 22, 2024.

(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 
manufacturer serial numbers, except the airplanes specified in 
paragraphs (c)(1) through (3) of this AD.
    (1) Airplanes on which Airbus SAS modification 161255 has been 
embodied in production.
    (2) Model A319 series airplanes on which Airbus SAS 
modifications 28238, 28162, and 28342 have been concurrently 
embodied in production.
    (3) Model A318 series airplanes on which Airbus SAS 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 that 
text with ``54 900 FH.''
    (4) Where paragraph (5) of EASA AD 2023-0150 refers to ``valid 
within the EASA system,'' for this AD, replace that text with 
``approved by the FAA, EASA, Airbus SAS's EASA Design Organization 
Approval (DOA), or an EASA DOA (other than Airbus SAS'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 that 
text with ``modify the repair 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.''
    (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 that text 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].
    (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 2018-14-09 are approved as 
AMOCs for the corresponding provisions of EASA AD 2023-0150 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 
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.

[[Page 19234]]

    (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 material that is incorporated by reference 
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].

    Issued on March 11, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-05494 Filed 3-15-24; 8:45 am]
BILLING CODE 4910-13-P