[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Rules and Regulations]
[Pages 22932-22934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06996]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1897; Project Identifier MCAI-2023-00921-T; 
Amendment 39-22692; AD 2024-05-02]
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 adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A320-214, A320-216, A320-251N, A320-271N, and 
A321-253NX airplanes. This AD was prompted by a quality review of the 
forward cargo door frame-to-fuselage skin panel assembly identified 
several fastener holes that deviated from the manufacturing 
requirements. This AD requires a geometrical check of the diameter of 
certain fastener holes for deviations, and if any deviation is found, 
repetitive special detailed inspections of the affected area for 
discrepancies and, depending on findings, accomplishment of applicable 
corrective actions, as specified in a European Union Aviation Safety 
Agency (EASA) AD, which is incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 8, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 8, 2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1897; 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 identified 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 ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
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-2023-1897.

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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus SAS 
Model A320-214, A320-216, A320-251N, A320-271N, and A321-253NX 
airplanes. The NPRM published in the Federal Register on October 5, 
2023 (88 FR 69110). The NPRM was prompted by AD 2023-0153, dated July 
26, 2023 (EASA AD 2023-0153) (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 a quality review of the forward cargo 
door frame-to-fuselage skin panel assembly identified several drillings 
as deviating from manufacturing requirements, creating oversized 
fastener holes, which could lead to cracking. This condition, if not 
addressed, could lead to reduced structural integrity of the fuselage.
    In the NPRM, the FAA proposed to require repetitive special 
detailed inspections of the affected area for discrepancies and, 
depending on findings, accomplishment of applicable corrective actions, 
as specified in EASA AD 2023-0153. 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-2023-1897.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from two commenters. Air Line Pilots 
Association, International (ALPA) and an individual who both supported 
the NPRM without change.

Additional Changes Made to This AD

    Since the NPRM was published, EASA AD 2023-0153 was superseded by 
EASA AD 2023-0179, dated October 11, 2023 (EASA AD 2023-0179). Since 
EASA AD 2023-0153 was issued, it has been determined that, depending on 
inspection findings, no repetitive inspection may be required. EASA AD 
2023-0179 also clarified that the initial inspection is a geometrical 
check of the diameter of certain fastener holes for deviations. The FAA 
has updated this final rule accordingly by replacing EASA AD 2023-0153 
with EASA AD 2023-0179 in all affected paragraphs and added a ``Credit 
for Previous Actions'' paragraph to retain the requirements of EASA AD 
2023-0153, however the concession identified in EASA AD 2023-0153 was 
removed in EASA AD 2023-0179.

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.

[[Page 22933]]

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0179 specifies procedures for a geometrical check of 
the diameter of certain fastener holes for deviations, and if any 
deviation is found, repetitive special detailed inspections of the 
affected area for discrepancies and, depending on findings, 
accomplishment of applicable corrective action. The special detailed 
inspection consists of a rototest inspection for cracking of the 
forward cargo door frame to fuselage skin panel, and if no cracking is 
found, checking the fastener hole diameters. Corrective actions include 
installing oversized fasteners if the fastener hole diameter is less 
than or equal to the specified nominal diameter, contacting the 
manufacturer for repair instructions if the fastener hole diameter is 
greater than the specified nominal diameter, and repairing any cracking 
by contacting the manufacturer for repair instructions. 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 section.

Costs of Compliance

    The FAA estimates that this AD affects 8 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
42.5 work-hours x $85 per hour = $3,613......................            $100           $3,713          $29,704
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this AD.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2024-05-02 Airbus SAS: Amendment 39-22692; Docket No. FAA-2023-1897; 
Project Identifier MCAI-2023-00921-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 8, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A320-214, A320-216, A320-
251N, A320-271N, and A321-253NX airplanes, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2023-0179, dated October 11, 2023 (EASA AD 2023-0179).

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a quality review of the forward cargo 
door frame-to-fuselage skin panel assembly identified several 
drillings as deviating from manufacturing requirements, creating 
oversized fastener holes. The FAA is issuing this AD to address 
oversized fastener holes and cracking. The unsafe condition, if not 
detected and corrected, could result in reduced structural integrity 
of the fuselage.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, EASA AD 2023-0179.

(h) Exceptions to EASA AD 2023-0179

    (1) Where EASA AD 2023-0179 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (4) of EASA AD 2023-0179 specifies ``If, 
during any SDI as required by paragraph (3) of this AD, any crack is 
detected, before next flight, contact Airbus for approved repair 
instructions and, within the compliance time identified therein, 
accomplish those instructions accordingly,'' this AD requires 
replacing those words with ``If, during any SDI as required by 
paragraph (3) of this AD, any cracking is found, before next flight, 
repair the cracking 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) Where paragraph (8) of EASA AD 2023-0179 specifies the 
repair be done in

[[Page 22934]]

accordance with ``approved Airbus repair instructions,'' for this AD 
the repair must have been done 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.
    (4) Where paragraph (6) of EASA AD 2023-0179 specifies to 
``oversize that fastener hole and install a new oversize fastener 
and new rivet,'' this AD requires replacing those words with 
``before next flight, oversize that fastener hole and install a new 
oversize fastener and new rivet.''
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0179.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using EASA AD 2023-0153, dated July 26, 
2023.

(j) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-0179 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(k) 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 in paragraph 
(l) of this AD or email to: [email protected]. If mailing 
information, also submit information by email. 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 DOA. If 
approved by the DOA, the approval must include the DOA-authorized 
signature.
    (3) Required for Compliance (RC): Except as required by 
paragraphs (j) and (k)(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.

(l) Additional Information

    For more information about this AD, contact Timothy Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone: 206-231-3667; email: 
[email protected].

(m) 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 2023-0179, 
dated October 11, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0179, 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 ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, 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 February 29, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-06996 Filed 4-2-24; 8:45 am]
BILLING CODE 4910-13-P