Airworthiness Directives; Airbus SAS Airplanes, 22372-22374 [2023-07752]
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Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Rules and Regulations
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2022–0206, dated October 7,
2022.
(ii) [Reserved]
(3) For EASA AD 2022–0206, 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 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
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on March 14, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–07745 Filed 4–12–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1581; Project
Identifier MCAI–2022–00803–T; Amendment
39–22394; AD 2023–06–08]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2019–18–
07, which applied to certain Airbus SAS
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 2019–18–07 required repetitive
rototest inspections of the open tack
holes and rivet holes at the cargo floor
support fittings of the fuselage,
including doing all applicable related
investigative actions and repair if
necessary. AD 2019–18–07 also adds
actions (modification) for certain
airplanes. Since the FAA issued AD
2019–18–07, it was determined that
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:58 Apr 12, 2023
Jkt 259001
certain airplanes need to do additional
work. This AD continues to require the
actions in AD 2019–18–07 and requires
additional work for certain airplanes, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective May 18,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of May 18, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–1581; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For material incorporated by
reference in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find
this material on the EASA website at
ad.easa.europa.eu.
• You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket at
regulations.gov under Docket No. FAA–
2022–1581.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer,
Large Aircraft Section, FAA,
International Validation Branch, 2200
South 216th St., Des Moines, WA 98198;
telephone 206–231–3228; email
Todd.Thompson@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2019–18–07,
Amendment 39–19734 (84 FR 50721,
September 26, 2019) (AD 2019–18–07).
AD 2019–18–07 applied to certain
Airbus SAS Model A319–111, –112,
–113, –114, –115, –131, –132, and –133
airplanes; Model A320–211, –212, –214,
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Sfmt 4700
–216, –231, –232, and –233 airplanes;
and Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
AD 2019–18–07 required repetitive
rototest inspections of the open tack
holes and rivet holes at the cargo floor
support fittings of the fuselage,
including all applicable related
investigative actions, and repair if
necessary. AD 2019–18–07 also added
actions (modification) for certain
airplanes. The FAA issued AD 2019–
18–07 to address cracking in the open
tack holes and rivet holes at the cargo
floor support fittings of the fuselage.
This condition, if not addressed, could
affect the structural integrity of the
airplane.
The NPRM published in the Federal
Register on December 13, 2022 (87 FR
76155). The NPRM was prompted by
AD 2022–0115, dated June 20, 2022
(EASA AD 2022–0115), issued by
EASA, which is the Technical Agent for
the Member States of the European
Union (referred to after this as the
MCAI). The MCAI states that new
technical considerations identified the
need to introduce additional work for
certain airplanes previously modified as
specified in AD 2019–18–07. The MCAI
also states that cracking in the open tack
holes and rivet holes at the cargo floor
support fittings of the fuselage, if not
addressed, could affect the structural
integrity of the airplane.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2022–1581.
In the NPRM, the FAA proposed to
continue to require the actions in AD
2019–18–07 and also proposed to
require additional work for certain
airplanes, as specified in EASA AD
2022–0115. The FAA is issuing this AD
to address the unsafe condition on these
products.
Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from
The Air Line Pilots Association,
International (ALPA), who supported
the NPRM without change.
The FAA received additional
comments from Delta Air Lines (DAL),
United Airlines (UAL), and JetBlue
Airlines (JBU). The following presents
the comments received on the NPRM
and the FAA’s response to each
comment.
Request To Allow Previous Alternative
Methods of Compliance (AMOCs)
To address previously issued AMOCs
that are also applicable to the proposed
AD, DAL, UAL, and JBU requested that
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Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Rules and Regulations
the proposed AD be revised to allow
AMOCs approved for FAA AD 2019–
18–07 as acceptable AMOCs for the
corresponding provisions of paragraph
(g) of this AD. Otherwise, the operators
would need to re-request previously
approved AMOCs. DAL also requested
that the proposed AD be revised to
allow AMOCs approved for AD 2015–
17–14, Amendment 39–18247 (80 FR
52182, August 28, 2015) (AD 2015–17–
14) be approved as AMOCs for the
corresponding provisions of this AD.
DAL noted that AD 2019–18–07 allowed
using AMOCs previously approved for
AD 2015–17–14 for the corresponding
provisions required by AD 2019–18–07.
The FAA agrees with the requested
change by DAL, UAL, and JBU. The
AMOCs for AD 2019–18–07 and AD
2015–17–14 are also approved as
AMOCs for the corresponding
provisions of EASA AD 2022–0115,
dated June 20, 2022. The FAA has
added paragraphs (i)(1)(i) through (iii) of
this AD to include this information.
investigative actions (inspections of the
related frame layer (vertical web/
horizontal flange) for cracking) and
repair. EASA AD 2022–0115 also
specifies procedures for modification of
the fuselage (including replacing the
shear webs and certain frame clips,
adding additional support angles, and
cold expanding one tack hole and one
tooling home in each frame). EASA AD
2022–0115 also specifies procedures for
additional work for certain Model A321
airplanes previously modified as
specified in AD 2019–18–07. The
additional work includes replacing
affected fasteners on frames 62 and 63
after doing a rototest for cracking, cold
working the fastener holes, and repair.
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.
Conclusion
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
reviewed the relevant data, considered
the comments received, and determined
that air safety requires adopting this AD
as proposed. Accordingly, the FAA is
issuing this AD to address the unsafe
condition on this product. Except for
minor editorial changes, and any other
changes described previously, this AD is
adopted as proposed in the NPRM.
None of the changes will increase the
economic burden on any operator.
Related Service Information Under 1
CFR Part 51
EASA AD 2022–0115 specifies
procedures for repetitive inspections of
the open tack holes and rivet holes of
the fuselage frames below the cargo
floor support fittings for cracking,
including doing all applicable related
Costs of Compliance
The FAA estimates that this AD
affects 1,267 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Retained actions from AD 2019-18-07 ..
Up to 474 work-hours × $85 per hour =
Up to $40,290.
28 work-hours × $85 per hour = $2,380
New actions ............................................
The FAA has received no definitive
data that would enable the agency to
provide cost estimates for the oncondition actions specified in this AD.
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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.
VerDate Sep<11>2014
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Jkt 259001
Cost per product
Cost on U.S.
operators
$13,000
Up to $53,290 ........
Up to $67,518,430.
$50
$2,430 ....................
$2,430 per product.
Parts cost
Regulatory Findings
The Amendment
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.
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) 2019–18–07, Amendment 39–
19734 (84 FR 50721, September 26,
2019); and
■ b. Adding the following new
airworthiness directive:
■
■
List of Subjects in 14 CFR Part 39
2023–06–08 Airbus SAS: Amendment 39–
22394; Docket No. FAA–2022–1581;
Project Identifier MCAI–2022–00803–T.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(a) Effective Date
This airworthiness directive (AD) is
effective May 18, 2023.
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Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Rules and Regulations
(b) Affected ADs
This AD replaces AD 2019–18–07,
Amendment 39–19734 (84 FR 50721,
September 26, 2019) (AD 2019–18–07).
(c) Applicability
This AD applies to Airbus SAS 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;
certificated in any category, as identified in
European Aviation Safety Agency (EASA) AD
2022–0115, dated June 20, 2022 (EASA AD
2022–0115).
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by widespread
fatigue damage (WFD) evaluations and fullscale fatigue testing that revealed several
broken frames in certain areas of the cargo
compartment, and by the determination that
additional work is needed for certain
airplanes. The FAA is issuing this AD to
address cracking in the open tack holes and
rivet holes at the cargo floor support fittings
of the fuselage. The unsafe condition, if not
addressed, could affect the structural
integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2022–0115.
(h) Exceptions to EASA AD 2022–0115
(1) Where EASA AD 2022–0115 refers to
January 3, 2014 (the effective date of EASA
AD 2013–0310), this AD requires using
October 2, 2015 (the effective date of AD
2015–17–14, Amendment 39–18247 (80 FR
52182, August 28, 2015) (AD 2015–17–14)).
(2) Where EASA AD 2022–0115 refers to
November 9, 2018 (the effective date of EASA
AD 2018–0233 at original issue), this AD
requires using October 31, 2019 (the effective
date of AD 2019–18–07).
(3) Where EASA AD 2022–0115 refers to its
effective date, this AD requires using the
effective date of this AD.
(4) Where paragraph (2) of EASA AD 2022–
0115 specifies ‘‘contact Airbus for approved
repair instructions and, within the
compliance time identified therein,
accomplish those instructions accordingly’’ if
a crack is 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.
(5) The ‘‘Remarks’’ section of EASA AD
2022–0115 does not apply to this AD.
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(i) Additional FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the International Validation Branch, send
it to the attention of the person identified in
paragraph (j) of this AD.
(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
2019–18–07 are approved as AMOCs for the
corresponding provisions of EASA AD 2022–
0115 that are required by paragraph (g) of this
AD.
(iii) AMOCs approved previously for AD
2015–17–14 are approved as AMOCs for the
corresponding provisions of EASA AD 2022–
0115 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 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 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.
(j) Additional Information
For more information about this AD,
contact Todd Thompson, Aerospace
Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone
206–231–3228; email Todd.Thompson@
faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2022–0115, dated June 20, 2022.
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Fmt 4700
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(ii) [Reserved]
(3) For EASA AD 2022–0115, 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 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
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on March 17, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–07752 Filed 4–12–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0013; Project
Identifier MCAI–2022–01085–T; Amendment
39–22384; AD 2023–05–15]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2017–09–
03 and AD 2018–20–07, which applied
to all Dassault Aviation Model
MYSTERE–FALCON 50 airplanes. AD
2017–09–03 and AD 2018–20–07
required revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
This AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. This AD continues to require
the actions in AD 2018–20–07 and
requires revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations, 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.
SUMMARY:
E:\FR\FM\13APR1.SGM
13APR1
Agencies
[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Rules and Regulations]
[Pages 22372-22374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07752]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1581; Project Identifier MCAI-2022-00803-T;
Amendment 39-22394; AD 2023-06-08]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-18-
07, which applied to certain Airbus SAS 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 2019-18-07 required
repetitive rototest inspections of the open tack holes and rivet holes
at the cargo floor support fittings of the fuselage, including doing
all applicable related investigative actions and repair if necessary.
AD 2019-18-07 also adds actions (modification) for certain airplanes.
Since the FAA issued AD 2019-18-07, it was determined that certain
airplanes need to do additional work. This AD continues to require the
actions in AD 2019-18-07 and requires additional work for certain
airplanes, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is incorporated by reference. The FAA is issuing this
AD to address the unsafe condition on these products.
DATES: This AD is effective May 18, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 18,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1581; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-1581.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 206-231-3228; email
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-18-07, Amendment 39-19734 (84 FR
50721, September 26, 2019) (AD 2019-18-07). AD 2019-18-07 applied to
certain Airbus SAS 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 2019-18-07 required repetitive rototest
inspections of the open tack holes and rivet holes at the cargo floor
support fittings of the fuselage, including all applicable related
investigative actions, and repair if necessary. AD 2019-18-07 also
added actions (modification) for certain airplanes. The FAA issued AD
2019-18-07 to address cracking in the open tack holes and rivet holes
at the cargo floor support fittings of the fuselage. This condition, if
not addressed, could affect the structural integrity of the airplane.
The NPRM published in the Federal Register on December 13, 2022 (87
FR 76155). The NPRM was prompted by AD 2022-0115, dated June 20, 2022
(EASA AD 2022-0115), issued by EASA, which is the Technical Agent for
the Member States of the European Union (referred to after this as the
MCAI). The MCAI states that new technical considerations identified the
need to introduce additional work for certain airplanes previously
modified as specified in AD 2019-18-07. The MCAI also states that
cracking in the open tack holes and rivet holes at the cargo floor
support fittings of the fuselage, if not addressed, could affect the
structural integrity of the airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1581.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2019-18-07 and also proposed to require additional work for certain
airplanes, as specified in EASA AD 2022-0115. The FAA is issuing this
AD to address the unsafe condition on these products.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from The Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
The FAA received additional comments from Delta Air Lines (DAL),
United Airlines (UAL), and JetBlue Airlines (JBU). The following
presents the comments received on the NPRM and the FAA's response to
each comment.
Request To Allow Previous Alternative Methods of Compliance (AMOCs)
To address previously issued AMOCs that are also applicable to the
proposed AD, DAL, UAL, and JBU requested that
[[Page 22373]]
the proposed AD be revised to allow AMOCs approved for FAA AD 2019-18-
07 as acceptable AMOCs for the corresponding provisions of paragraph
(g) of this AD. Otherwise, the operators would need to re-request
previously approved AMOCs. DAL also requested that the proposed AD be
revised to allow AMOCs approved for AD 2015-17-14, Amendment 39-18247
(80 FR 52182, August 28, 2015) (AD 2015-17-14) be approved as AMOCs for
the corresponding provisions of this AD. DAL noted that AD 2019-18-07
allowed using AMOCs previously approved for AD 2015-17-14 for the
corresponding provisions required by AD 2019-18-07.
The FAA agrees with the requested change by DAL, UAL, and JBU. The
AMOCs for AD 2019-18-07 and AD 2015-17-14 are also approved as AMOCs
for the corresponding provisions of EASA AD 2022-0115, dated June 20,
2022. The FAA has added paragraphs (i)(1)(i) through (iii) of this AD
to include this information.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0115 specifies procedures for repetitive inspections
of the open tack holes and rivet holes of the fuselage frames below the
cargo floor support fittings for cracking, including doing all
applicable related investigative actions (inspections of the related
frame layer (vertical web/horizontal flange) for cracking) and repair.
EASA AD 2022-0115 also specifies procedures for modification of the
fuselage (including replacing the shear webs and certain frame clips,
adding additional support angles, and cold expanding one tack hole and
one tooling home in each frame). EASA AD 2022-0115 also specifies
procedures for additional work for certain Model A321 airplanes
previously modified as specified in AD 2019-18-07. The additional work
includes replacing affected fasteners on frames 62 and 63 after doing a
rototest for cracking, cold working the fastener holes, and repair.
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 1,267 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
----------------------------------------------------------------------------------------------------------------
Retained actions from AD Up to 474 work- $13,000 Up to $53,290...... Up to $67,518,430.
2019[dash]18[dash]07. hours x $85 per
hour = Up to
$40,290.
New actions...................... 28 work-hours x $85 $50 $2,430............. $2,430 per product.
per hour = $2,380.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions 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) 2019-18-07, Amendment 39-19734
(84 FR 50721, September 26, 2019); and
0
b. Adding the following new airworthiness directive:
2023-06-08 Airbus SAS: Amendment 39-22394; Docket No. FAA-2022-1581;
Project Identifier MCAI-2022-00803-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 18, 2023.
[[Page 22374]]
(b) Affected ADs
This AD replaces AD 2019-18-07, Amendment 39-19734 (84 FR 50721,
September 26, 2019) (AD 2019-18-07).
(c) Applicability
This AD applies to Airbus SAS 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; certificated in any
category, as identified in European Aviation Safety Agency (EASA) AD
2022-0115, dated June 20, 2022 (EASA AD 2022-0115).
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by widespread fatigue damage (WFD)
evaluations and full-scale fatigue testing that revealed several
broken frames in certain areas of the cargo compartment, and by the
determination that additional work is needed for certain airplanes.
The FAA is issuing this AD to address cracking in the open tack
holes and rivet holes at the cargo floor support fittings of the
fuselage. The unsafe condition, if not addressed, could affect the
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 2022-0115.
(h) Exceptions to EASA AD 2022-0115
(1) Where EASA AD 2022-0115 refers to January 3, 2014 (the
effective date of EASA AD 2013-0310), this AD requires using October
2, 2015 (the effective date of AD 2015-17-14, Amendment 39-18247 (80
FR 52182, August 28, 2015) (AD 2015-17-14)).
(2) Where EASA AD 2022-0115 refers to November 9, 2018 (the
effective date of EASA AD 2018-0233 at original issue), this AD
requires using October 31, 2019 (the effective date of AD 2019-18-
07).
(3) Where EASA AD 2022-0115 refers to its effective date, this
AD requires using the effective date of this AD.
(4) Where paragraph (2) of EASA AD 2022-0115 specifies ``contact
Airbus for approved repair instructions and, within the compliance
time identified therein, accomplish those instructions accordingly''
if a crack is 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.
(5) The ``Remarks'' section of EASA AD 2022-0115 does not apply
to this AD.
(i) Additional FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD.
(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 2019-18-07 are approved as
AMOCs for the corresponding provisions of EASA AD 2022-0115 that are
required by paragraph (g) of this AD.
(iii) AMOCs approved previously for AD 2015-17-14 are approved
as AMOCs for the corresponding provisions of EASA AD 2022-0115 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 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 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.
(j) Additional Information
For more information about this AD, contact Todd Thompson,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3228; email [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2022-0115,
dated June 20, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0115, 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 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 March 17, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07752 Filed 4-12-23; 8:45 am]
BILLING CODE 4910-13-P