Airworthiness Directives; Airbus SAS Airplanes, 72369-72372 [2022-25509]
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Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Rules and Regulations
feature does not allow or introduce
security threats.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
Issued in Kansas City, Missouri, on
November 18, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2022–25592 Filed 11–23–22; 8:45 am]
BILLING CODE P
Applicability
As discussed above, these special
conditions are applicable to Airbus
Model A380–800 series airplanes.
Should Airbus apply at a later date for
a change to the type certificate to
include another model incorporating the
same novel or unusual design feature,
these special conditions would apply to
that model as well.
Conclusion
This action affects only a certain
novel or unusual design feature on one
model series of airplane. It is not a rule
of general applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701, 44702, 44704.
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The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for the Airbus Model
A380–800 series airplanes for airplane
electronic unauthorized external access.
1. The applicant must ensure airplane
electronic-system security protection
from access by unauthorized sources
external to the airplane, including those
possibly caused by maintenance
activity.
2. The applicant must ensure airplane
electronic system security threats are
identified and assessed, and that
effective electronic system security
protection strategies are implemented to
protect the airplane from all adverse
impacts on safety, functionality, and
continued airworthiness.
3. The applicant must establish
appropriate procedures to allow the
operator to ensure that continued
airworthiness of the aircraft is
maintained, including all post-typecertification modifications that may
have an impact on the approved
electronic-system security safeguards.
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–0503; Project
Identifier MCAI–2021–01244–T; Amendment
39–22219; AD 2022–22–04]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2018–03–
12, which applied 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, –231, –232, and
–233 airplanes; and Model A321–111,
–112, –131, –211, –212, –213, –231, and
–232 airplanes. AD 2018–03–12
required repetitive rototest inspections
for cracking of the fastener holes in
certain door stop fittings, and repair if
necessary. This AD was prompted by
new analysis by the manufacturer that
resulted in optimized compliance times
for the inspections. This AD continues
to require repetitive rototest inspections
for cracking of the fastener holes in
certain door stop fittings at revised
compliance times, and corrective
actions if necessary, 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 December
30, 2022.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 30, 2022.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–0503; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
SUMMARY:
Authority Citation
VerDate Sep<11>2014
DEPARTMENT OF TRANSPORTATION
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72369
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 (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find
this IBR 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–
2022–0503.
FOR FURTHER INFORMATION CONTACT: Hye
Yoon Jang, Aerospace Engineer, Large
Aircraft Section, FAA, International
Validation Branch, 2200 South 216th
St., Des Moines, WA 98198; telephone
817–222–5584; email hye.yoon.jang@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2021–0242,
dated November 8, 2021 (EASA AD
2021–0242) (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, 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 AD therefore does not
include those airplanes in the
applicability.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2018–03–12,
Amendment 39–19185 (83 FR 5906,
February 12, 2018) (AD 2018–03–12).
AD 2018–03–12 applied 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,
–231, –232, and –233 airplanes; and
Model A321–111, –112, –131, –211,
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–212, –213, –231, and –232 airplanes.
The NPRM published in the Federal
Register on May 6, 2022 (87 FR 27032).
The NPRM was prompted by reports of
fatigue damage in the structure for the
door stop fittings on certain fuselage
frames, and new analysis by the
manufacturer, which resulted in
optimized compliance times for the
inspections. The NPRM proposed to
continue to require repetitive rototest
inspections for cracking of the fastener
holes in certain door stop fittings at
revised compliance times, and
corrective actions if necessary, as
specified in EASA AD 2021–0242.
The FAA is issuing this AD to address
cracking at the door stop fitting holes of
fuselage frame (FR) 66 and FR68 which
could result in reduced structural
integrity of the airplane. See the MCAI
for additional background information.
Discussion of Final Airworthiness
Directive
Comments
The FAA received comments from
one commenter, Delta Air Lines, Inc.
(DAL). The following presents the
comments received on the NPRM and
the FAA’s response to each comment.
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Request To Revise Exception Language
DAL requested that the language in
paragraph (h)(3) of the proposed AD be
revised to clearly state that the
manufacturer must be contacted only
‘‘when cracking exceeds the limits from
the applicable SRM [structural repair
manual]’’ as opposed to ‘‘if any crack is
found during any inspection’’ as stated
in the NPRM. DAL pointed out that
paragraph (2) of EASA AD 2021–0242
establishes requirements if a crack is
detected and identified within the limit
defined in the applicable SRM, and
paragraph (3) of EASA AD 2021–0242
establishes corrective action
requirements when cracking exceeds the
limits from the applicable SRM. DAL
emphasized that paragraph (h)(3) of the
proposed rule does not make that
distinction and that the exception
specifies that any cracking found must
be repaired before further flight.
Because of this omission and the use of
the verbiage ‘‘if any crack is found
during any inspection,’’ DAL reasoned
that paragraph (h)(3) of the proposed AD
indicates that it applies to all instances
of cracking, regardless of whether it
exceeds SRM limits. DAL suggested that
the exception paragraph would drive
operators to obtain the specified level of
approval for all crack findings from the
required inspections, even if there are
SRM approved repairs that are
addressed by paragraph (2) of EASA AD
2021–0242.
The FAA agrees to clarify. Paragraph
(h)(3) of this AD is included to ensure
that any cracks are repaired before
further flight, and applies only to the
cracks specified in paragraph (3) of
EASA AD 2021–0242 (i.e., those found
during the rototest inspections and
exceeding the applicable SRM limit).
Paragraph (3) of EASA AD 2021–0242
specifies to contact Airbus for
instructions before further fight, but
does not specify that the repair must be
done before further flight. Since FAA
policy does not allow flights with
known cracks, an exception is needed to
clarify the compliance time. The FAA
notes that paragraph (2) of EASA AD
2021–0242 specifies accomplishing
repair and corrective actions before
further flight, so a similar exception is
not needed for that action. However, the
FAA agrees that clarification related to
which cracks the language in paragraph
(h)(3) of this AD applies to would be
helpful. Therefore, the FAA has revised
paragraph (h)(3) of this AD to specify
that the actions are required only for
cracks that exceed the applicable SRM
limits.
ensure that the same actions are
mandated at all instances where EASA
AD 2021–0242 requires contacting the
manufacturer.
The FAA agrees to clarify. Paragraph
(j)(2) of this AD already specifies what
actions to take in instances where the
EASA AD or related service information
specifies to contact the manufacturer.
As explained previously, paragraph
(h)(3) of this AD is needed to clarify the
compliance time for crack repair, rather
than simply clarifying who to contact
for instructions. Therefore, an
additional exception is not needed and
this AD has not been changed regarding
this issue.
Request To Include a New Exception
Related Service Information Under 1
CFR Part 51
DAL requested that the FAA include
an additional exception to the proposed
AD that clarifies the ‘‘contact Airbus’’
language in paragraphs (5.2) and (6) of
EASA AD 2021–0242. DAL noted that
paragraphs (5.2) and (6) of EASA AD
2021–0242 require contacting Airbus,
and reasoned that an exception similar
to that in paragraph (h)(3) of the
proposed AD would be needed. DAL
pointed out that the language used in
paragraphs (5.2) and (6) of EASA AD
2021–0242 is related to providing credit
for actions that have been
accomplished, rather than providing a
corrective action like in paragraph (3) of
EASA AD 2021–0242, so different
language would be needed. DAL
provided suggested wording, and stated
that its proposed exception would
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 comment 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.
EASA AD 2021–0242 specifies
procedures for rototest inspections for
cracking of the fastener holes in the
airframe structure for the door stop
fittings installation in FR66 and FR68,
and corrective actions. Corrective
actions include repair or modification of
fastener holes at door stop locations.
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 1,084 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Inspections .......
Up to 25 work-hours × $85 per hour =
$2,125.
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Cost per
product
Parts cost
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$0
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Cost on U.S. operators
Up to $2,125 ..............
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Up to $2,303,500.
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Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Rules and Regulations
The FAA estimates the following
costs to do any necessary on-condition
modifications that would be required
based on the results of any required
actions. The FAA has no way of
determining the number of aircraft that
72371
might need these on-condition
modifications:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Up to 27 work-hours × $85 per hour = $2,295 ...............................................................................................
The FAA has received no definitive
data on which to base the cost estimates
for the on-condition repairs specified in
this 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.
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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.
VerDate Sep<11>2014
15:54 Nov 23, 2022
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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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) AD 2018–03–12, Amendment 39–
19185 (83 FR 5906, February 12, 2018)
(AD 2018–03–12); and
■ b. Adding the following new AD:
■
■
2022–22–04 Airbus SAS: Amendment 39–
22219; Docket No. FAA–2022–0503;
Project Identifier MCAI–2021–01244–T.
(a) Effective Date
This airworthiness directive (AD) is
effective December 30, 2022.
(b) Affected ADs
This AD replaces AD 2018–03–12,
Amendment 39–19185 (83 FR 5906, February
12, 2018) (AD 2018–03–12).
(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 2021–
0242, dated November 8, 2021 (EASA AD
2021–0242).
(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) Reason
This AD was prompted by reports of
fatigue damage in the structure for the door
stop fittings on certain fuselage frames, and
new analysis by the manufacturer, which
resulted in optimized compliance times for
the inspections. The FAA is issuing this AD
to address cracking at the door stop fitting
PO 00000
Frm 00013
Fmt 4700
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$610
Cost per product
Up to $2,905.
holes of fuselage frame (FR) 66 and FR68,
which 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 2021–0242.
(h) Exceptions to EASA AD 2021–0242
(1) Where EASA AD 2021–0242 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2021–0242 does not apply to this AD.
(3) Where paragraph (3) of EASA AD 2021–
0242 specifies ‘‘if, during any inspection as
required by paragraph (1) of this [EASA] AD,
a crack is detected and identified exceeding
the limit defined in the applicable SRM
[structural repair manual]’’ to ‘‘contact
Airbus for approved instructions for
corrective action and accomplish those
instructions accordingly,’’ replace those
phrases with the following phrase: ‘‘if any
cracking is found and exceeding the limit
defined in the applicable SRM, the cracking
must be repaired before further flight using
a method approved by the Manager, Large
Aircraft Section, 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) Where paragraphs (2), (3), (5), and (5.1)
of EASA AD 2021–0242 specify limits or
actions in ‘‘the applicable SRM’’ or ‘‘the
SRM,’’ for purposes of this AD, replace those
phrases with the following phrase: ‘‘the
applicable SRM as specified in the
instructions of the inspection SB.’’
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2021–0242 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
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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 (k) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
(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
2018–03–12 are approved as AMOCs for the
corresponding provisions of EASA AD 2021–
0242 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, Large Aircraft Section,
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
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.
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(k) Related Information
For more information about this AD,
contact Hye Yoon Jang, Aerospace Engineer,
Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des
Moines, WA 98198; telephone 817–222–
5584; email hye.yoon.jang@faa.gov.
(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 2021–0242, dated November 8,
2021.
(ii) [Reserved]
(3) For EASA AD 2021–0242, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
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.
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15:54 Nov 23, 2022
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(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on October 20, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–25509 Filed 11–23–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1065; Project
Identifier MCAI–2022–00280–T; Amendment
39–22231; AD 2022–23–04]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
• For service information identified
in this final rule, contact Bombardier
Business Aircraft Customer Response
Center, 400 Coˆte-Vertu Road West,
Dorval, Que´bec H4S 1Y9, Canada;
telephone (514) 855–2999; email
ac.yul@aero.bombardier.com; internet
bombardier.com.
• 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. It is also available
at regulations.gov under Docket No.
FAA–2022–1065.
FOR FURTHER INFORMATION CONTACT:
Gabriel Kim, Aerospace Engineer,
Mechanical Systems and Administrative
Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone
(516) 228–7300; email 9-avs-nyaco-cos@
faa.gov.
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
Background
The FAA is adopting a new
airworthiness directive (AD) for certain
Bombardier, Inc., Model BD–700–2A12
airplanes. This AD was prompted by a
report that the flightcrew and passenger
oxygen system’s refill and capillary
lines may have been contaminated by
sealant and cotton fibers. This AD
requires an inspection to determine the
serial numbers of the oxygen cylinders
installed and replacement of each
affected oxygen cylinder and regulator
assembly (OCRA). The FAA is issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective December
30, 2022.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 30, 2022.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–1065; 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,
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Bombardier, Inc., Model
BD–700–2A12 airplanes. The NPRM
published in the Federal Register on
August 31, 2022 (87 FR 53421). The
NPRM was prompted by AD CF–2022–
07, dated March 1, 2022, issued by
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada (referred to after this as the
MCAI). The MCAI states the flightcrew
and passenger oxygen system’s refill
and capillary lines may have been
contaminated by sealant and cotton
fibers. Any contamination is expected to
collect in the OCRA filters, which may
cause a blockage of the oxygen system
components and result in a reduction of
oxygen flow, reduce the total amount of
available oxygen, or create a fire hazard.
See the MCAI for additional background
information.
In the NPRM, the FAA proposed to
require accomplishing the actions
specified in the Bombardier Service
Bulletin 700–35–7502, Basic Issue,
dated January 26, 2022. 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–2022–1065.
AGENCY:
SUMMARY:
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SUPPLEMENTARY INFORMATION:
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[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72369-72372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25509]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0503; Project Identifier MCAI-2021-01244-T;
Amendment 39-22219; AD 2022-22-04]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-03-
12, which applied 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, -231, -232, and -233 airplanes; and Model
A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD
2018-03-12 required repetitive rototest inspections for cracking of the
fastener holes in certain door stop fittings, and repair if necessary.
This AD was prompted by new analysis by the manufacturer that resulted
in optimized compliance times for the inspections. This AD continues to
require repetitive rototest inspections for cracking of the fastener
holes in certain door stop fittings at revised compliance times, and
corrective actions if necessary, 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 December 30, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 30,
2022.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0503; 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 (IBR) 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 IBR 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-2022-0503.
FOR FURTHER INFORMATION CONTACT: Hye Yoon Jang, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 817-222-5584; email
[email protected].
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0242, dated November 8, 2021
(EASA AD 2021-0242) (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, 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 AD
therefore does not include those airplanes in the applicability.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2018-03-12, Amendment 39-19185 (83 FR 5906,
February 12, 2018) (AD 2018-03-12). AD 2018-03-12 applied 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,
-231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211,
[[Page 72370]]
-212, -213, -231, and -232 airplanes. The NPRM published in the Federal
Register on May 6, 2022 (87 FR 27032). The NPRM was prompted by reports
of fatigue damage in the structure for the door stop fittings on
certain fuselage frames, and new analysis by the manufacturer, which
resulted in optimized compliance times for the inspections. The NPRM
proposed to continue to require repetitive rototest inspections for
cracking of the fastener holes in certain door stop fittings at revised
compliance times, and corrective actions if necessary, as specified in
EASA AD 2021-0242.
The FAA is issuing this AD to address cracking at the door stop
fitting holes of fuselage frame (FR) 66 and FR68 which could result in
reduced structural integrity of the airplane. See the MCAI for
additional background information.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from one commenter, Delta Air Lines, Inc.
(DAL). The following presents the comments received on the NPRM and the
FAA's response to each comment.
Request To Revise Exception Language
DAL requested that the language in paragraph (h)(3) of the proposed
AD be revised to clearly state that the manufacturer must be contacted
only ``when cracking exceeds the limits from the applicable SRM
[structural repair manual]'' as opposed to ``if any crack is found
during any inspection'' as stated in the NPRM. DAL pointed out that
paragraph (2) of EASA AD 2021-0242 establishes requirements if a crack
is detected and identified within the limit defined in the applicable
SRM, and paragraph (3) of EASA AD 2021-0242 establishes corrective
action requirements when cracking exceeds the limits from the
applicable SRM. DAL emphasized that paragraph (h)(3) of the proposed
rule does not make that distinction and that the exception specifies
that any cracking found must be repaired before further flight. Because
of this omission and the use of the verbiage ``if any crack is found
during any inspection,'' DAL reasoned that paragraph (h)(3) of the
proposed AD indicates that it applies to all instances of cracking,
regardless of whether it exceeds SRM limits. DAL suggested that the
exception paragraph would drive operators to obtain the specified level
of approval for all crack findings from the required inspections, even
if there are SRM approved repairs that are addressed by paragraph (2)
of EASA AD 2021-0242.
The FAA agrees to clarify. Paragraph (h)(3) of this AD is included
to ensure that any cracks are repaired before further flight, and
applies only to the cracks specified in paragraph (3) of EASA AD 2021-
0242 (i.e., those found during the rototest inspections and exceeding
the applicable SRM limit). Paragraph (3) of EASA AD 2021-0242 specifies
to contact Airbus for instructions before further fight, but does not
specify that the repair must be done before further flight. Since FAA
policy does not allow flights with known cracks, an exception is needed
to clarify the compliance time. The FAA notes that paragraph (2) of
EASA AD 2021-0242 specifies accomplishing repair and corrective actions
before further flight, so a similar exception is not needed for that
action. However, the FAA agrees that clarification related to which
cracks the language in paragraph (h)(3) of this AD applies to would be
helpful. Therefore, the FAA has revised paragraph (h)(3) of this AD to
specify that the actions are required only for cracks that exceed the
applicable SRM limits.
Request To Include a New Exception
DAL requested that the FAA include an additional exception to the
proposed AD that clarifies the ``contact Airbus'' language in
paragraphs (5.2) and (6) of EASA AD 2021-0242. DAL noted that
paragraphs (5.2) and (6) of EASA AD 2021-0242 require contacting
Airbus, and reasoned that an exception similar to that in paragraph
(h)(3) of the proposed AD would be needed. DAL pointed out that the
language used in paragraphs (5.2) and (6) of EASA AD 2021-0242 is
related to providing credit for actions that have been accomplished,
rather than providing a corrective action like in paragraph (3) of EASA
AD 2021-0242, so different language would be needed. DAL provided
suggested wording, and stated that its proposed exception would ensure
that the same actions are mandated at all instances where EASA AD 2021-
0242 requires contacting the manufacturer.
The FAA agrees to clarify. Paragraph (j)(2) of this AD already
specifies what actions to take in instances where the EASA AD or
related service information specifies to contact the manufacturer. As
explained previously, paragraph (h)(3) of this AD is needed to clarify
the compliance time for crack repair, rather than simply clarifying who
to contact for instructions. Therefore, an additional exception is not
needed and this AD has not been changed regarding this issue.
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
comment 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.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0242 specifies procedures for rototest inspections for
cracking of the fastener holes in the airframe structure for the door
stop fittings installation in FR66 and FR68, and corrective actions.
Corrective actions include repair or modification of fastener holes at
door stop locations. 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 1,084 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspections................ Up to 25 work-hours x $0 Up to $2,125......... Up to $2,303,500.
$85 per hour =
$2,125.
----------------------------------------------------------------------------------------------------------------
[[Page 72371]]
The FAA estimates the following costs to do any necessary on-
condition modifications 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 modifications:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
Up to 27 work-hours x $85 per $610 Up to $2,905.
hour = $2,295.
------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this 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
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) AD 2018-03-12, Amendment 39-
19185 (83 FR 5906, February 12, 2018) (AD 2018-03-12); and
0
b. Adding the following new AD:
2022-22-04 Airbus SAS: Amendment 39-22219; Docket No. FAA-2022-0503;
Project Identifier MCAI-2021-01244-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 30,
2022.
(b) Affected ADs
This AD replaces AD 2018-03-12, Amendment 39-19185 (83 FR 5906,
February 12, 2018) (AD 2018-03-12).
(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 2021-0242, dated November 8, 2021 (EASA AD 2021-0242).
(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) Reason
This AD was prompted by reports of fatigue damage in the
structure for the door stop fittings on certain fuselage frames, and
new analysis by the manufacturer, which resulted in optimized
compliance times for the inspections. The FAA is issuing this AD to
address cracking at the door stop fitting holes of fuselage frame
(FR) 66 and FR68, which 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 2021-0242.
(h) Exceptions to EASA AD 2021-0242
(1) Where EASA AD 2021-0242 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2021-0242 does not apply
to this AD.
(3) Where paragraph (3) of EASA AD 2021-0242 specifies ``if,
during any inspection as required by paragraph (1) of this [EASA]
AD, a crack is detected and identified exceeding the limit defined
in the applicable SRM [structural repair manual]'' to ``contact
Airbus for approved instructions for corrective action and
accomplish those instructions accordingly,'' replace those phrases
with the following phrase: ``if any cracking is found and exceeding
the limit defined in the applicable SRM, the cracking must be
repaired before further flight using a method approved by the
Manager, Large Aircraft Section, 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) Where paragraphs (2), (3), (5), and (5.1) of EASA AD 2021-
0242 specify limits or actions in ``the applicable SRM'' or ``the
SRM,'' for purposes of this AD, replace those phrases with the
following phrase: ``the applicable SRM as specified in the
instructions of the inspection SB.''
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0242
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
[[Page 72372]]
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 (k) 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 2018-03-12 are approved as
AMOCs for the corresponding provisions of EASA AD 2021-0242 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, Large Aircraft
Section, 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 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) Related Information
For more information about this AD, contact Hye Yoon Jang,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 817-222-5584; 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 2021-0242,
dated November 8, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0242, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet 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 that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on October 20, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-25509 Filed 11-23-22; 8:45 am]
BILLING CODE 4910-13-P
