[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Rules and Regulations]
[Pages 27371-27374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08106]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0009; Project Identifier MCAI-2022-00789-T; 
Amendment 39-22712; AD 2024-06-07]
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) 2020-05-
16, which applied to certain Airbus SAS Model A319-115 airplanes; Model 
A320-214, -216, -232, -251N, and -271N airplanes; and Model A321-211, -
231, -251N, -251NX, -253N, -271N, -271NX, and -272N airplanes. AD 2020-
05-16 required a one-time detailed inspection of certain attaching 
points on the left-hand and right-hand wings for the correct 
installation of certain hardware, and, depending on findings, 
accomplishment of applicable corrective actions. This AD was prompted 
by reports of incomplete installations of the over wing panel lug 
attachments in the production assembly line and a determination that 
additional airplanes are subject to the unsafe condition. This AD 
continues to require the actions in AD 2020-05-16 and adds airplanes to 
the applicability, 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 22, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 22, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0009; 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 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-2023-0009.

FOR FURTHER INFORMATION CONTACT: Timothy P. 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 to supersede AD 2020-05-16, Amendment 39-19866 (85 FR 
15938, March 20, 2020) (AD 2020-05-16). AD 2020-05-16 applied to 
certain Airbus SAS Model A319-115 airplanes; Model A320-214, -216, -
232, -251N, and -271N airplanes; and Model A321-211, -231, -251N, -
251NX, -253N, -271N, -271NX, and -272N airplanes. AD 2020-05-16 
required a one-time detailed inspection of certain attaching points on 
the left-hand and right-hand wings for the correct installation of 
certain hardware, and, depending on findings, accomplishment of 
applicable corrective actions. The FAA issued AD 2020-05-16 to address 
incomplete installations of the over wing panel lug attachments in the 
production assembly line, which, if not detected and corrected, could 
reduce the structural integrity of the wing.
    The NPRM published in the Federal Register on January 13, 2023 (88 
FR 2273). The NPRM was prompted by AD 2022-0111, dated June 15, 2022 
(EASA AD 2022-0111), issued by EASA, which is the Technical Agent for 
the Member States of the European Union. EASA AD 2022-0111 states that 
since EASA AD 2019-0233 was issued, Airbus identified additional 
affected airplanes.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2020-05-16 and to add airplanes to the applicability, as specified 
in EASA AD 2022-0111. The FAA is issuing this AD to address the unsafe 
condition on these products.

[[Page 27372]]

    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
to amend 14 CFR part 39 to supersede AD 2020-05-16. The SNPRM published 
in the Federal Register on August 25, 2023 (88 FR 58116). The SNPRM was 
prompted by a determination that additional airplanes are subject to 
the unsafe condition, and by the issuance of EASA AD 2022-0111R1, dated 
July 26, 2023 (EASA AD 2022-0111R1). EASA AD added Model A321-213 
airplanes to its applicability. In the SNPRM, the FAA proposed to 
continue to require the actions in AD 2020-05-16 and to add airplanes 
to the applicability, as specified in EASA AD 2022-0111R1. The FAA is 
issuing this AD to address incomplete installations of the over wing 
panel lug attachments in the production assembly line. The unsafe 
condition, if not addressed, could result in reduced structural 
integrity of the wing.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0009.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the SNPRM or on the determination 
of the cost to the public.

Change Made to This Final Rule

    Since issuing the SNPRM, the FAA determined that, for Group 2 
airplanes, the procedures in Airbus Alert Operators Transmission (AOT) 
A57N012-19 are acceptable for compliance. EASA AD 2022-0111R1 specifies 
that Group 2 airplanes must use Airbus Service Bulletin A320-57-1234 
and Airbus Service Bulletin A320-57-1235, as applicable. However, the 
FAA has coordinated with Airbus and determined that the actions 
identified in Airbus AOT A57N012-19 are equivalent to the applicable 
actions found in the specified service information. Therefore, the FAA 
added paragraph (j) of this AD to provide credit for Group 2 airplanes.

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 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 SNPRM. None of the 
changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0111R1 specifies procedures for a one-time detailed 
inspection of certain attaching points on the left-hand and right-hand 
wings for the correct installation of certain hardware (bolt, nut, 
washer, and cotter pin), and, depending on findings, accomplishment of 
applicable corrective actions. Corrective actions include installing 
missing hardware, properly orienting hardware, and performing a damage 
assessment for cracks and deformed parts in the event of missing 
hardware, and repair. For certain airplanes, EASA AD 2022-0111R1 also 
specifies reporting the inspection results to Airbus. 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 131 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.
                          Labor cost                              Parts cost        product         operators
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2 work-hours x $85 per hour = $170...........................              $0             $170          $22,700
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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 reporting requirement in this 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 up to 
$11,135, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:

                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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Up to 20 work-hours x $85 per hour =     Up to $77,850    Up to $79,550
 $1,700...............................
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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.

[[Page 27373]]

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:
0
a. Removing Airworthiness Directive (AD) 2020-05-16, Amendment 39-19866 
(85 FR 15938, March 20, 2020); and
0
b. Adding the following new AD:

2024-06-07 Airbus SAS: Amendment 39-22712; Docket No. FAA-2023-0009; 
Project Identifier MCAI-2022-00789-T.

(a) Effective Date

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

(b) Affected ADs

    This AD replaces AD 2020-05-16, Amendment 39-19866 (85 FR 15938, 
March 20, 2020) (AD 2020-05-16).

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2022-0111R1, dated July 26, 2023 (EASA AD 2022-0111R1).
    (1) Model A319-115 airplanes.
    (2) Model A320-214, -216, -232, -251N, and -271N airplanes.
    (3) Model A321-211, -213, -231, -251N, -251NX, -252NX, -253N, -
253NX, -271N, -271NX, and -272N airplanes.

(d) Subject

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

 (e) Unsafe Condition

    This AD was prompted by reports of incomplete installations of 
the over wing panel lug attachments in the production assembly line 
and a determination that additional airplanes are subject to the 
unsafe condition. The FAA is issuing this AD to address these 
incomplete installations. The unsafe condition, if not addressed, 
could result in reduced structural integrity of the wing.

(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 2022-0111R1.

(h) Exceptions to EASA AD 2022-0111R1

    (1) Where EASA AD 2022-0111R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0111R1 refers to October 2, 2019 (the 
effective date of EASA AD 2019-0233, dated September 18, 2019), this 
AD requires using April 24, 2022 (the effective date of AD 2020-05-
16).
    (3) Where paragraph (5) of EASA AD 2022-0111R1 specifies to 
``contact Airbus for approved instructions, and within the 
compliance time identified therein, accomplish those instructions 
accordingly,'' this AD requires replacing that text with ``contact 
Airbus for approved instructions, and within the compliance time 
identified therein, accomplish those instructions accordingly, 
except if any cracking is detected, the cracking 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.''
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0111R1.
    (5) Where paragraph (2) of EASA AD 2022-0111R1 specifies a 
compliance time of ``before exceeding 14,000 flight hours or 7,000 
flight cycles, whichever occurs first since aeroplane first 
flight,'' this AD requires replacing that text with ``before 
exceeding 14,000 flight hours or 7,000 flight cycles, whichever 
occurs first since airplane first flight; or within 6 months after 
the effective date of this AD; whichever occurs later.''

(i) No Reporting Requirement for Certain Airplanes

    For Group 1 airplanes, as identified in EASA AD 2022-0111R1, 
this AD does not require reporting.

(j) Credit for Previous Actions

    For Group 2 airplanes, as identified in EASA AD 2022-0111R1: 
This paragraph provides credit for the inspections and corrective 
actions required by paragraphs (2) and (5) of EASA AD 2022-0111R, if 
those actions were performed before the effective date of this AD 
using Airbus Alert Operators Transmission (AOT) A57N012-19, dated 
March 20, 2019; or Airbus AOT A57N012-19, Revision 01 dated April 
18, 2019.

(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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (l)(1) 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 2020-05-16 are approved as AMOCs for the 
corresponding provisions of EASA AD 2022-0111R1 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 DOA. If 
approved by the DOA, the approval must include the DOA-authorized 
signature.
    (3) Required for Compliance (RC): Except as required by 
paragraph (k)(2) of this AD, if any service information contains 
procedures

[[Page 27374]]

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

    (1) For more information about this AD, contact Timothy P. 
Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 206-231-3667; email 
[email protected].
    (2) For Airbus service information identified in this AD that is 
not incorporated by reference, contact Airbus SAS, Airworthiness 
Office--EIAS, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, 
France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email 
airbus.com">account.airworth-eas@airbus.com; website airbus.com.

(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 2022-0111R1, 
dated July 26, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2022-0111R1, 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. 2024-08106 Filed 4-16-24; 8:45 am]
BILLING CODE 4910-13-P