[Federal Register Volume 89, Number 57 (Friday, March 22, 2024)]
[Proposed Rules]
[Pages 20364-20367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05914]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0757; Project Identifier MCAI-2023-01205-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) 
2022-14-10, 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 2022-14-10 requires repetitive inspections for 
cracking of the radius of the front spar vertical stringers and the 
horizontal floor beam on a certain frame (FR), repetitive inspections 
for cracking of the fastener holes of the front spar vertical stringers 
on that frame, and repair if necessary. AD 2022-14-10 provides, for 
certain airplanes, a modification of the center wing box area that 
terminates the repetitive inspections under certain conditions. Since 
the FAA issued AD 2022-14-10, an additional airplane model has been 
identified that is also subject to the unsafe condition. This proposed 
AD would continue to require the actions in AD 2022-14-10 and would add 
Model A321-271N airplanes to the applicability, 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 May 6, 
2024.

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-2024-0757; 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-2024-0757.
     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-2024-0757; Project Identifier 
MCAI-2023-01205-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 2022-14-10, Amendment 39-22115 (87 FR 42315, July 
15, 2022) (AD 2022-14-10), 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 2022-14-10 was prompted by an MCAI originated by 
EASA, which is the Technical Agent for the Member States of the 
European Union. EASA issued AD 2021-0241, dated November 8, 2021 (EASA 
AD 2021-0241), to correct an unsafe condition. EASA AD 2021-0241 stated 
that during full-scale certification fatigue testing of the center 
fuselage, cracks were found on a wing front spar vertical stringer at 
FR36.
    AD 2022-14-10 requires repetitive inspections for cracking of the 
radius of the front spar vertical stringers and the horizontal floor 
beam on frame (FR) 36, repetitive inspections for cracking of the 
fastener holes of the front spar vertical stringers on FR 36, and 
repair if

[[Page 20365]]

necessary, and, for certain airplanes, a potential terminating action 
modification of the center wing box area. The FAA issued AD 2022-14-10 
to address fatigue cracking of the front spar vertical stringers on the 
wings, which, if not corrected, could result in the reduced structural 
integrity of the airplane.

Actions Since AD 2022-14-10 Was Issued

    Since the FAA issued AD 2022-14-10, EASA superseded EASA AD 2021-
0241, dated November 8, 2021, and issued EASA AD 2023-0205, dated 
November 21, 2023 (EASA AD 2023-0205) (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, -
232, and -271N airplanes. Model A320-215 airplanes are not certificated 
by the FAA and are not included on the U.S. type certificate data 
sheet; this AD, therefore, does not include those airplanes in the 
applicability. The MCAI states that analysis of the full-scale 
certification fatigue testing findings indicated that Model A321-271N 
airplanes are also subject to the unsafe condition. Fatigue cracking of 
the front spar vertical stringers on the wings, if not detected and 
corrected, could lead to crack propagation, possibly resulting in 
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-2024-0757.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2022-14-10, this proposed AD would retain all of the 
requirements of AD 2022-14-10. Those requirements are referenced in 
EASA AD 2023-0205, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0205 specifies procedures for repetitive special 
detailed inspections for cracking of the radius of the front spar 
vertical stringers, horizontal floor beam radius and fastener holes of 
the front spear vertical stringers on frame 36, and for installing new 
fasteners. EASA AD 2023-0205 further describes procedures for 
repetitive high frequency eddy current (HFEC) inspections for cracking 
of the horizontal floor beam, repetitive HFEC inspections for cracking 
of the fastener holes of the front spar vertical stringers on FR 36, 
repetitive rototest inspections of the fastener holes of the spar 
vertical stringers, and repair. EASA AD 2023-0205 also describes 
procedures for the modification of the center wing box area. The 
modification is required for airplanes in configuration 1, 2 or 3; and 
for airplanes in configuration 5, 6, or 7, the modification is optional 
and is a terminating action for the repetitive inspections when done 
within a specified time frame. The modification includes related 
investigative and corrective actions. Related investigative actions 
include an HFEC inspection on the radius of the rib flanges, a rototest 
inspection of the fastener holes, detailed and HFEC inspections for 
cracking on the cut edges, detailed and rototest inspections on all 
open fastener holes, and an inspection to determine if secondary 
structure brackets are installed. Corrective actions include rework of 
the secondary structure bracket 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 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all requirements of AD 2022-14-10. 
This proposed AD would add airplanes to the applicability and require 
accomplishing the actions specified in EASA AD 2023-0205 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 2023-0205 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0205 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 2023-0205 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-
0205. Service information required by EASA AD 2023-0205 for compliance 
will be available at regulations.gov under Docket No. FAA-2024-0757 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,755 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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              Action                      Labor cost               Parts cost                  Cost per product               Cost on U.S. operators
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Inspection, per inspection cycle..  25 work-hours x $85    Up to $100................  Up to $2,225....................  Up to $3,904,875.
                                     per hour = $2,125.
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[[Page 20366]]


                                      Estimated Costs for Optional Actions
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              Labor cost                             Parts cost                        Cost per product
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Up to 409 work-hours x $85 per hour =   Up to $66,050......................  Up to $100,815.
 $34,765.
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    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions 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) 2022-14-10, Amendment 39-22115 
(87 FR 42315, July 15, 2022); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2024-0757; Project Identifier MCAI-2023-
01205-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 6, 2024.

(b) Affected ADs

    This AD replaces AD 2022-14-10, Amendment 39-22115 (87 FR 42315, 
July 15, 2022) (AD 2022-14-10).

(c) Applicability

    This AD applies to the 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 2023-0205, dated November 21, 2023 (EASA AD 2023-0205).
    (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, -232, 
and -271N airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report that, during a center fuselage 
certification full-scale fatigue test, cracks were found on the 
front spar vertical stringer at a certain frame. This AD was also 
prompted by a determination that Model A321 airplanes that have 
incorporated modification 160021 are also subject to the unsafe 
condition. The FAA is issuing this AD to address fatigue cracking of 
the front spar vertical stringers on the wings. The unsafe 
condition, if not addressed, could result in reduced 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 2023-0205.

(h) Exceptions to EASA AD 2023-0205

    (1) Where EASA AD 2023-0205 refers to ``22 November 2021 [the 
effective date of EASA AD 2021-0241],'' this AD requires using 
August 19, 2022 (the effective date of AD 2022-14-10).
    (2) Where EASA AD 2023-0205 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0205.
    (4) Where paragraph (5) of EASA AD 2023-0205 specifies ``if any 
crack is found, before next flight, contact Airbus for approved 
corrective action instructions and accomplish those instructions 
accordingly,'' this AD requires replacing that text with ``if any 
crack is found, the crack 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) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-0205 
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 manager of the 
International Validation Branch, mail it to the address 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 
paragraph (j)(2) of this AD, if

[[Page 20367]]

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 2023-0205, 
dated November 21, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0205, 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].

    Issued on March 15, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-05914 Filed 3-21-24; 8:45 am]
BILLING CODE 4910-13-P