[Federal Register Volume 89, Number 142 (Wednesday, July 24, 2024)]
[Proposed Rules]
[Pages 59857-59860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16049]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1895; Project Identifier MCAI-2023-01240-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) 
2022-08-08, 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 2022-08-08 requires repetitive special detailed 
inspections of certain double joggle areas on the fuselage and 
applicable on-condition actions. This proposed AD continues to require 
the actions in AD 2022-08-08 and would add 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 September 
9, 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-2024-1895; 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 EASA material, 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 at regulations.gov under 
Docket No. FAA-2024-1895.

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:

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-2024-1895; Project Identifier 
MCAI-2023-01240-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 206-231-3667; email 
[email protected]. Any commentary that the FAA receives that is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    The FAA issued AD 2022-08-08, Amendment 39-22011 (87 FR 23755, 
April 21, 2022) (AD 2022-08-08), 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 2022-08-08 was prompted by an MCAI originated by 
EASA, which is the Technical Agent for the Member States of the 
European Union. EASA issued AD 2021-0227, dated October 11, 2021 (EASA 
AD 2021-0227) (which corresponds to FAA AD 2022-08-08), to correct an 
unsafe condition.
    AD 2022-08-08 requires repetitive special detailed inspections of 
certain areas and applicable on-condition actions. The FAA issued AD 
2022-08-08 to address cracks in the double joggle areas at frame (FR) 
16 and FR20, right-hand and left-hand sides, which, if not detected and 
corrected, could reduce the structural integrity of the fuselage.

[[Page 59858]]

Actions Since AD 2022-08-08 Was Issued

    Since the FAA issued AD 2022-08-08, EASA superseded AD 2021-0227 
and issued EASA AD 2023-0212, dated December 6, 2023 (EASA AD 2023-
0212) (referred to after this as the MCAI), for certain Airbus SAS 
Model A318-111, -112, -121, -122 airplanes; Model 319-111, -112, -113, 
-114, -115, -131, -132, -133, -151N, -153N, and -171N airplanes; Model 
A320-211, -212, -214, -216, -231, -232, -233, -251N, -252N, -253N, -
271N, -272N, and -273N airplanes; and Model A321-111, -112, -131, -211, 
-212, -213, -231, -232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -
271N, -271NX, -272N, and -272NX airplanes. The MCAI states that the 
unsafe condition may also exist on Airbus SAS A318/A320/A321 ``NEO'' 
airplanes (i.e., Airbus SAS Model A318-151N, -153N, and -171N; A320-
251N, -252N, -253N, -271N, -272N, and -273N; and A321-251N, -251NX, -
252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX 
airplanes), so these airplanes will be added to the applicability. In 
addition, Airbus has developed additional, new structural repair manual 
(SRM) tasks that are considered additional alternative methods to the 
Airbus repair designs originally required by EASA AD 2021-0227 for the 
airplanes affected by that AD.
    The FAA is proposing this AD to address cracks in the double joggle 
areas at FR16 and FR20 in the nose forward fuselage, which could reduce 
the structural integrity of the fuselage. You may examine the MCAI in 
the AD docket at regulations.gov under Docket No. FAA-2024-1895.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2022-08-08, this proposed AD would retain all of the 
requirements of AD 2022-08-08 and expands the applicability to include 
Airbus SAS A318/A320/A321 NEO airplanes. Those requirements are 
referenced in EASA AD 2023-0212, which, in turn, is referenced in 
paragraph (g) of this proposed AD.

Related Material Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0212. This material specifies 
procedures for repetitive special detailed inspections for cracking of 
double joggle areas at FR16 and FR20, right-hand and left-hand sides, 
applicable on-condition actions (repair) and an optional modification 
of the double joggle area, which terminates the repetitive inspections. 
The modification includes a rotating probe inspection of certain 
fastener holes for cracks, a check of the fastener holes for a minimum 
diameter, and applicable on-condition actions. EASA AD 2023-0212 also 
specifies that new SRM tasks have been developed that are acceptable 
for compliance with the corrective actions required by AD 2022-08-08 
for airplanes affected by that AD. 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 
ADDRESSES.

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 2022-08-08. 
This proposed AD would expand the applicability to include Airbus SAS 
A318/A320/A321 NEO airplanes. This proposed AD would require 
accomplishing the actions specified in EASA AD 2023-0212 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 2023-0212 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0212 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 2023-0212 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-
0212. Material required by EASA AD 2023-0212 for compliance will be 
available at regulations.gov by searching for and locating Docket No. 
FAA-2024-1895 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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               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
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Up to 55 work-hours x $85 per hour = Up              $0   Up to $4,675..............  Up to $8,204,625.
 to $4,675.
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                  Estimated Costs for Optional Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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60 work-hours x $85 per hour = $5,100.          $1,624           $6,724
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[[Page 59859]]

    The FAA has received no definitive data on which to base the 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) 2022-08-08, Amendment 39-22011 
(87 FR 23755, April 21, 2022); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2024-1895; Project Identifier MCAI-2023-
01240-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 9, 2024.

(b) Affected ADs

    (1) This AD replaces AD 2022-08-08, Amendment 39-22011 (87 FR 
23755, April 21, 2022) (AD 2022-08-08).
    (2) This AD affects AD 2023-13-10, Amendment 39-22495 (88 FR 
50005, August 1, 2023) (AD 2023-13-10).

(c) Applicability

    This AD applies to Airbus SAS Model airplanes specified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2023-0212, dated December 6, 2023 (EASA AD 2023-0212).
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, 
and -272NX airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports that, during inspections 
accomplished as specified in certain airworthiness limitation items 
(ALIs), cracks were detected in the double joggle areas at frame 
(FR) 16 and FR20 in the nose forward fuselage. The unsafe condition, 
if not addressed, 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 paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2023-0212.

(h) Exceptions to EASA AD 2023-0212

    (1) Where paragraphs (2) and (3) of EASA AD 2023-0212 specify 
``Airbus approved repair instructions,'' or ``post-repair inspection 
instructions approved by Airbus,'' for this AD, to be acceptable for 
credit, the repair instructions or post-repair inspection 
instructions must be 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.
    (2) Where paragraph (4) of EASA AD 2023-0212 specifies to 
``contact Airbus for approved repair instructions and, within the 
compliance time specified therein, accomplish those instructions 
accordingly'' if any cracks are detected, for this AD 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.
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0212.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-0212 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Terminating Action for Certain Requirements in AD 2023-13-10

    Accomplishing the actions required by this AD terminates ALI 
Tasks 531153-02-1, 531153-02-2, 531155-02-1, and 531155-02-2, as 
required by paragraph (o) of AD 2023-13-10 only for the airplanes 
identified in paragraph (c) of this AD.

(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 identified 
in paragraph (l) 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 2022-08-08 are approved as 
AMOCs for the corresponding provisions of EASA AD 2023-0212 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.

(l) Additional Information

    For more information about this AD, contact Timothy Dowling, 
Aviation Safety

[[Page 59860]]

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 material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0212, 
dated December 6, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0212, 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 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 July 17, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-16049 Filed 7-23-24; 8:45 am]
BILLING CODE 4910-13-P