[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Proposed Rules]
[Pages 13848-13851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05215]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 58 / Thursday, March 27, 2025 /
Proposed Rules
[[Page 13848]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0479; Project Identifier MCAI-2024-00436-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)
2016-14-03, which applies to all Airbus SAS Model A319-111, -112, -113,
-114, -115, -131, -132, and -133 airplanes; Model A320-211, -212, -214,
-231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -
212, -213, -231, and -232 airplanes. AD 2016-14-03 requires reinforcing
the forward pressure bulkhead at a certain stringer on both the left-
hand and right-hand sides and doing related investigative and
corrective actions if necessary. Since the FAA issued AD 2016-14-03,
new crack findings have prompted the need for repetitive inspections of
the area. This proposed AD would continue to require the actions in AD
2016-14-03, add repetitive inspections of structure at a certain frame
and applicable corrective actions, provide a terminating action for the
repetitive inspections, and remove airplanes from 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 12,
2025.
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-2025-0479; 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 identified in this proposed 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. It is also
available at regulations.gov under Docket No. FAA-2025-0479.
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: Nicholas Benson, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3647; 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 the ADDRESSES section. Include ``Docket No. FAA-2025-0479;
Project Identifier MCAI-2024-00436-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
Nicholas Benson, Aviation Safety Engineer, FAA, 2200 South 216th St.,
Des Moines, WA 98198; phone: 206-231-3647; 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 2016-14-03, Amendment 39-18584 (81 FR 44496, July
8, 2016) (AD 2016-14-03), for all Airbus SAS Model A319-111, -112, -
113, -114, -115, -131, -132, and -133 airplanes; Model A320-211, -212,
-214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes. AD 2016-14-03 was prompted
by an MCAI originated by EASA, which is the Technical Agent for the
Member States of the European Union. EASA issued AD 2014-0209, dated
September 19, 2014, to correct an unsafe condition.
[[Page 13849]]
AD 2016-14-03 requires reinforcing the forward pressure bulkhead at
a certain stringer on both the left-hand and right-hand sides and doing
related investigative and corrective actions if necessary. The FAA
issued AD 2016-14-03 to prevent fatigue cracking of the forward
pressure bulkhead, which could result in reduced structural integrity
of the airplane.
Actions Since AD 2016-14-03 Was Issued
Since the FAA issued AD 2016-14-03, EASA superseded AD 2014-0209,
dated September 19, 2014, and issued EASA AD 2024-0147R1, dated August
7, 2024 (EASA AD 2024-0147R1) (also referred to as the MCAI), to
correct an unsafe condition for certain Airbus SAS Model A318-111, -
112, -121, -122 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, and -232 airplanes. Model A320-215 airplanes are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this proposed AD therefore does not include
those airplanes in the applicability. The MCAI states that after EASA
AD 2014-0209 was issued, several findings of cracks were reported in
service during application of Airworthiness Limitation Item (ALI) tasks
532166 and 533186. As a result of these findings, Airbus has developed
different thresholds and inspection requirements compared to those
specified in ALI tasks 532166 and 533186; and requires those
inspections until a modification is done.
EASA AD 2014-0209, dated September 19, 2014 applied to all
airplanes of the identified airplane models. EASA AD 2024-0147R1
removes airplanes on which certain Airbus modifications were embodied
in production or in service.
The FAA is proposing this AD to prevent cracking of the forward
center bulkhead. The unsafe condition, if not addressed, could result
in reduced structural integrity of the fuselage. You may examine the
MCAI in the AD docket at regulations.gov under Docket No. FAA-2025-
0479.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2016-14-03, this proposed AD would retain all
requirements of AD 2016-14-03. Those requirements are referenced in
EASA AD 2024-0147R1, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0147R1 specifies procedures for repetitive inspections
for cracking of the airplane structure at frame (FR) 35 and stringer
(STGR) 30 on the left-hand and right-hand sides for Airbus SAS Model
A318, Model A319, and Model A320 airplanes; and at FR 35.8 and STGR 30
on the left-hand and right-hand sides for Airbus SAS Model A321
airplanes. EASA AD 2024-0147R1 also specifies obtaining and following
instructions for crack repair. EASA AD 2024-0147R1 specifies that
accomplishment of that inspection on an airplane terminates ALI tasks
532166 and task 533186 requirements.
EASA AD 2024-0147R1 also specifies procedures for modifying the
forward pressure bulkhead at the frame coupling on the left-hand and
right-hand sides of FR 35 and STGR 30, including applicable related
investigative and corrective actions, for Airbus SAS Model A318, Model
A319, and Model A320 airplanes; and at FR 35.8 and STGR 30 for Airbus
SAS Model A321 airplanes. EASA AD 2024-0147R1 specifies that this
modification constitutes terminating action for the repetitive
inspections for that airplane.
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 2016-14-03.
This proposed AD would remove airplanes from the applicability and
require accomplishing the actions specified in EASA AD 2024-0147R1
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 2024-0147R1 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0147R1 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 2024-0147R1 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 2024-
0147R1. Material required by EASA AD 2024-0147R1 for compliance will be
available at regulations.gov under Docket No. FAA-2025-0479 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1,922 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:
The FAA estimates that it would take up to 21 work-hours per
product to comply with the retained actions from AD 2016-14-03. The
average labor rate is $85 per work-hour. Based on these figures, FAA
estimates the cost for U.S. operators is up to $3,430,770, or up to
$1,785 per product.
The FAA estimates that it would take up to 11 work-hours per
product to comply with the new proposed actions. The average labor rate
is $85 per work-hour. Based on these figures, FAA estimates the cost
for U.S. operators is up to $1,797,070, or up to $935 per product.
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this proposed AD.
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.
[[Page 13850]]
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) 2016-14-03, Amendment 39-18584
(81 FR 44496, July 8, 2016); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2025-0479; Project Identifier MCAI-2024-
00436-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 12, 2025.
(b) Affected ADs
This AD replaces AD 2016-14-03, Amendment 39-18584 (81 FR 44496,
July 8, 2016) (AD 2016-14-03).
(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 2024-0147R1, dated August 7, 2024 (EASA AD 2024-0147R1).
(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, and -232
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by the need to complete certain mandated
programs intended to support the airplane reaching its limit of
validity (LOV) of the engineering data that support the established
structural maintenance program. This AD was also prompted by reports
that during inspections accomplished as specified in certain
Airworthiness Limitation Items (ALIs), cracks were detected on the
fastener holes at frame (FR) 35 or FR 35.8 between stringers (STGRs)
28 and 31. The FAA is issuing this AD to prevent fatigue cracking on
the forward pressure bulkhead. 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 2024-0147R1.
(h) Exceptions to EASA AD 2024-0147R1
(1) Where EASA AD 2024-0147R1 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (2) of EASA AD 2024-0147R1 specifies ``If,
during any inspection as required by paragraph (1) of this AD,
discrepancies are detected, before next flight, contact Airbus to
obtain approved instructions for corrective action and accomplish
those instructions accordingly,'' this AD requires replacing that
text with the following: ``If, during any inspection as required by
paragraph (1) of this AD, any cracking is detected, the cracking
must be repaired before further flight using a method approved by
the Manager, AIR-520, Continued Operational Safety 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 EASA AD 2024-0147R1 refers to ``03 October 2014 [the
effective date of EASA AD 2014-0209],'' this AD requires using
August 12, 2016 (the effective date of AD 2016-14-03).
(4) Where paragraph (6) of EASA AD 2024-0147R1 specifies
``repaired using Airbus approved instructions, accomplish the
(repetitive) inspection for each repaired hole in accordance with
the applicable Airbus approved instructions within the compliance
time herein specified,'' this AD requires replacing that text with
the following: ``repaired using a method approved by the Manager,
AIR-520, Continued Operational Safety Branch, FAA; or EASA; or
Airbus SAS's EASA Design Organization Approval (DOA), provided the
DOA approval includes the DOA-authorized signature: accomplish the
(repetitive) inspection for each repaired hole in accordance with
the applicable approved instructions within the compliance time
herein specified.''
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0147R1.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, AIR-
520, Continued Operational Safety 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 Continued Operational Safety Branch, send it to the attention of
the person identified in paragraph (j) of this AD and email 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, AIR-520,
Continued Operational Safety 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 (i)(2) of this AD, if any material 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
[[Page 13851]]
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.
(j) Additional Information
For more information about this AD, contact Nicholas Benson,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 206-231-3647; email: [email protected].
(k) 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 2024-0147R1,
dated August 7, 2024.
(ii) [Reserved]
(3) For EASA 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 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 March 21, 2025.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-05215 Filed 3-26-25; 8:45 am]
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