Airworthiness Directives; Airbus SAS Airplanes, 36465-36468 [2023-11820]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Rules and Regulations
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 adding
the following new airworthiness
directive:
■
2023–09–08 Bombardier, Inc.: Amendment
39–22431; Docket No. FAA–2023–0170;
Project Identifier MCAI–2022–00974–T.
(a) Effective Date
This airworthiness directive (AD) is
effective July 10, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc.,
Model BD–700–2A12 airplanes, certificated
in any category, serial numbers 70032, 70047
through 70056 inclusive, 70058 through
70061 inclusive, and 70063 through 70075
inclusive.
(d) Subject
Air Transport Association (ATA) of
America Code 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by a report that
certain environmental control system (ECS)
pre-cooler clamp assemblies may not
conform to specifications. The FAA is issuing
this AD to address possible excessive leakage
caused by clamp failure. The unsafe
condition, if not addressed, could result in
increased operating temperatures in climatecontrolled zones, or, in combination with
other failures, a complete loss of the ECS.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
ddrumheller on DSK120RN23PROD with RULES1
(g) Required Actions
Within 36 months after the effective date
of this AD: Identify and replace, as
applicable, the ECS pre-cooler clamps in
accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
700–36–7504, dated June 27, 2022.
(h) No Reporting Requirement
Although Bombardier Service Bulletin
700–36–7504, dated June 27, 2022, specifies
to submit certain information to the
manufacturer or discard affected clamps, this
AD does not include that requirement.
(i) Additional AD Provisions
The following provisions also apply to this
AD:
VerDate Sep<11>2014
17:24 Jun 02, 2023
Jkt 259001
36465
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
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 New York ACO Branch,
mail it to ATTN: Program Manager,
Continuing Operational Safety, at the address
identified in paragraph (j)(2) of this AD or
email to: 9-avs-nyaco-cos@faa.gov. If mailing
information, also submit information by
email. 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, New York ACO Branch,
FAA; or Transport Canada (TC); or
Bombardier, Inc.’s TC Design Approval
Organization (DAO). If approved by the DAO,
the approval must include the DAOauthorized signature.
www.archives.gov/federal-register/cfr/ibrlocations.html.
(j) Additional Information
(1) Refer to Transport Canada AD CF–
2022–39, dated July 18, 2022, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–0170.
(2) For more information about this AD,
contact Elizabeth Dowling, 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.
The FAA is superseding
Airworthiness Directive (AD) 2019–24–
13, 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, –216, –231,
–232, and –233 airplanes; and Model
A321–111, –112, –131, –211, –212,
–213, –231, and –232 airplanes. AD
2019–24–13 required repetitive highfrequency eddy current (HFEC)
inspections for cracking of a stiffener of
a certain lateral window frame, and
applicable related investigative and
corrective actions. This AD was
prompted by a determination that
certain inspection times need to be
revised. This AD retains the
requirements of AD 2019–24–13, with
amended compliance times, 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 July 10,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of July 10, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–0165; 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
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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) Bombardier Service Bulletin 700–36–
7504, dated June 27, 2022.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Bombardier Business
Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9,
Canada; telephone 514–855–2999; email
ac.yul@aero.bombardier.com; website
bombardier.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this service information
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:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
Issued on May 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–11819 Filed 6–2–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0165; Project
Identifier MCAI–2022–01003–T; Amendment
39–22434; AD 2023–09–11]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY:
E:\FR\FM\05JNR1.SGM
05JNR1
36466
Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Rules and Regulations
(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–
2023–0165.
FOR FURTHER INFORMATION CONTACT:
Timothy Dowling, Aerospace Engineer,
FAA, International Validation Branch,
1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206–
231–3667; email Timothy.P.Dowling@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2019–24–13,
Amendment 39–21002 (84 FR 71788,
December 30, 2019) (AD 2019–24–13).
AD 2019–24–13 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,
–216, –231, –232, and –233 airplanes;
and Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
AD 2019–24–13 required repetitive
HFEC inspections for cracking of a
stiffener of a certain lateral window
frame, and rework, repair, or
replacement of the lateral window
frame, as applicable, as specified in
EASA AD 2019–0067R1, dated
September 11, 2019 (EASA AD 2019–
0067R1). The FAA issued AD 2019–24–
13 to address cracking of the horizontal
upper stiffener of the lateral window
frame, which could reduce the
structural integrity of the fuselage.
The NPRM published in the Federal
Register on February 15, 2023 (88 FR
9776). The NPRM was prompted by AD
2022–0151, dated July 26, 2022, issued
by EASA (EASA AD 2022–0151) (also
referred to as the MCAI). The MCAI
states that several occurrences were
reported where, during a maintenance
check, cracks were found in the
horizontal upper stiffener of the lateral
window frame at the frame 4 upper
attachment. Since EASA AD 2019–
0067R1 was issued, it was determined
that the embodiment of Airbus
production modification (mod) 161229
does not provide any benefit versus the
pre-mod 161229 configuration, and
Airbus issued revised service
information to remove the credit and
higher inspection threshold for postmod 161229 airplanes. In addition,
based on new calculations, the
inspection interval was increased. The
unsafe condition, if not addressed,
could reduce the structural integrity of
the fuselage.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–0165.
In the NPRM, the FAA proposed to
retain the requirements of AD 2019–24–
13, with amended compliance times, as
specified in EASA AD 2022–0151. The
FAA is issuing this AD to address
cracking of the horizontal upper
stiffener of the lateral window frame,
which could reduce the structural
integrity of the fuselage.
Discussion of Final Airworthiness
Directive
Comments
The FAA received one comment, from
Air Line Pilots Association,
International (ALPA), who supported
the NPRM without change.
Conclusion
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
reviewed the relevant data and
determined that air safety requires
adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on this
product. Except for minor editorial
changes, 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 2022–0151 specifies
procedures for repetitive HFEC
inspections of the horizontal upper
stiffener of the lateral window frame on
the right-hand (RH) and left-hand (LH)
sides for any cracking and applicable
related investigative and corrective
actions. Related investigative and
corrective actions include repair,
replacement, and rework. EASA AD
2022–0151 also specifies reporting to
Airbus if any discrepancies (cracking)
are found during the inspections. 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 1,528 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ddrumheller on DSK120RN23PROD with RULES1
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Retained actions from AD 2019–24–13 .........
New proposed actions ....................................
9 work-hours × $85 per hour = $765 .............
6 work-hours × $85 per hour = $510 .............
The FAA estimates the following
costs to do any necessary on-condition
rework, replacement, or reporting that
VerDate Sep<11>2014
17:24 Jun 02, 2023
Jkt 259001
would be required based on the results
of any required actions. The FAA has no
way of determining the number of
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Cost per
product
Parts cost
$0
0
$765
510
Cost on U.S.
operators
$987,615
779,280
aircraft that might need these oncondition actions:
E:\FR\FM\05JNR1.SGM
05JNR1
36467
Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Rules and Regulations
ESTIMATED COSTS OF ON-CONDITION ACTIONS *
Labor cost
Parts cost
Cost per
product
Up to 543 work-hours × $85 per hour = $46,155 ..............................................................................................
Up to $107,370 ...
$153,525
* The FAA has received no definitive data on which to base the cost estimates for the on-condition repairs specified in this AD.
According to the manufacturer, some
or all of the costs of this 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.
ddrumheller on DSK120RN23PROD with RULES1
Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to a penalty for failure to comply with
a collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public
reporting for this collection of
information is estimated to take
approximately 1 hour per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
All responses to this collection of
information are mandatory. Send
comments regarding this burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden, to:
Information Collection Clearance
Officer, Federal Aviation
Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
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.
VerDate Sep<11>2014
17:24 Jun 02, 2023
Jkt 259001
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.
(b) Affected ADs
Regulatory Findings
This AD applies to Airbus SAS airplanes
identified in paragraphs (c)(1) through (4) of
this AD, certificated in any category, as
identified in European Union Aviation Safety
Agency (EASA) AD 2022–0151, dated July
26, 2022 (EASA AD 2022–0151).
(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.
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
This AD replaces AD 2019–24–13,
Amendment 39–21002 (84 FR 71788,
December 30, 2019).
(c) Applicability
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report that
during a maintenance check, cracks were
found in the horizontal upper stiffener of the
lateral window frame at the frame 4 upper
attachment, and a determination that certain
compliance times need to be revised. The
FAA is issuing this AD to address cracking
of the horizontal upper stiffener of the lateral
window frame. The unsafe condition, if not
addressed, could reduce the structural
integrity of the fuselage.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
(f) Compliance
PART 39—AIRWORTHINESS
DIRECTIVES
(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 2022–0151.
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) 2019–24–13, Amendment 39–
21002 (84 FR 71788, December 30,
2019); and
■ b. Adding the following new AD:
■
■
2023–09–11 Airbus SAS: Amendment 39–
22434; Docket No. FAA–2023–0165;
Project Identifier MCAI–2022–01003–T.
(a) Effective Date
This airworthiness directive (AD) is
effective July 10, 2023.
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
Comply with this AD within the
compliance times specified, unless already
done.
(h) Exceptions to EASA AD 2022–0151
(1) Where EASA AD 2022–0151 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2022–0151.
(3) Paragraph (7) of EASA AD 2022–0151
specifies to report inspection results to
Airbus within a certain compliance time. For
this AD, report inspection results at the
applicable time specified in paragraph
(h)(3)(i) or (ii) of this AD.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 90 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
E:\FR\FM\05JNR1.SGM
05JNR1
36468
Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Rules and Regulations
within 90 days after the effective date of this
AD.
(4) Where EASA AD 2022–0151 specifies
to perform corrective actions if
‘‘discrepancies are detected, as identified in
the inspection SB,’’ for this AD perform
corrective actions if cracking is detected.
(5) Instead of complying with paragraph (2)
of EASA AD 2022–0151, comply with the
following: ‘‘If, during any inspection as
required by paragraph (1) of EASA AD 2022–
0151, for this AD, if any cracking is detected
and the stiffener has already been reworked,
or if any cracking is not removed after a third
rework of the horizontal upper stiffener, 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.’’
ddrumheller on DSK120RN23PROD with RULES1
(i) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the International Validation Branch, send
it to the attention of the person identified in
paragraph (j) 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
2019–24–13 are approved as AMOCs for the
corresponding provisions of EASA AD 2022–
0151 that are required by paragraph (g) of this
AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or EASA; or Airbus SAS’s
EASA DOA. If approved by the DOA, the
approval must include the DOA-authorized
signature.
(3) Required for Compliance (RC): Except
as required by paragraph (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.
VerDate Sep<11>2014
17:24 Jun 02, 2023
Jkt 259001
(j) Additional Information
For more information about this AD,
contact Timothy Dowling, Aerospace
Engineer, FAA, International Validation
Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206–231–
3667; email Timothy.P.Dowling@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 2022–0151, dated July 26, 2022.
(ii) [Reserved]
(3) For EASA AD 2022–0151, 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 May 8, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–11820 Filed 6–2–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2022–1442; Airspace
Docket No. 22–ASW–23]
RIN 2120–AA66
Establishment of Class E Airspace;
San Saba, TX
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action establishes Class
E airspace at San Saba, TX. This action
supports the establishment of new
public instrument procedures.
DATES: Effective 0901 UTC, August 10,
2023. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
SUMMARY:
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
subject to the annual revision of FAA
Order JO 7400.11 and publication of
conforming amendments.
ADDRESSES: A copy of the Notice of
Proposed Rulemaking (NPRM), all
comments received, this final rule, and
all background material may be viewed
online at www.regulations.gov using the
FAA Docket number. Electronic
retrieval help and guidelines are
available on the website. It is available
24 hours each day, 365 days each year.
An electronic copy of this document
may also be downloaded from the Office
of the Federal Register’s website at
www.federalregister.gov.
FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Claypool, Federal Aviation
Administration, Operations Support
Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5711.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it establishes
Class E airspace extending upward from
700 feet above the surface at San Saba
County Municipal Airport, San Saba,
TX, to support instrument flight rule
operations at this airport.
History
The FAA published an NPRM for
Docket No. FAA–2022–1142 in the
Federal Register (87 FR 74052;
December 2, 2022) to establish Class E
airspace at San Saba, TX. Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal to the
FAA. No comments were received.
Incorporation by Reference
Class E airspace designations are
published in paragraph 6005 of FAA
Order JO 7400.11, Airspace
E:\FR\FM\05JNR1.SGM
05JNR1
]]>Agencies
[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Rules and Regulations]
[Pages 36465-36468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11820]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0165; Project Identifier MCAI-2022-01003-T;
Amendment 39-22434; AD 2023-09-11]
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) 2019-24-
13, 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, -216, -231, -232, and -233 airplanes; and
Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.
AD 2019-24-13 required repetitive high-frequency eddy current (HFEC)
inspections for cracking of a stiffener of a certain lateral window
frame, and applicable related investigative and corrective actions.
This AD was prompted by a determination that certain inspection times
need to be revised. This AD retains the requirements of AD 2019-24-13,
with amended compliance times, 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 July 10, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 10,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0165; 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
[[Page 36466]]
(MCAI), any comments received, and other information. The address for
Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-0165.
FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aerospace Engineer,
FAA, International Validation Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3667; email
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-24-13, Amendment 39-21002 (84 FR
71788, December 30, 2019) (AD 2019-24-13). AD 2019-24-13 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, -216, -231, -232, and -233 airplanes; and Model A321-111, -112, -
131, -211, -212, -213, -231, and -232 airplanes. AD 2019-24-13 required
repetitive HFEC inspections for cracking of a stiffener of a certain
lateral window frame, and rework, repair, or replacement of the lateral
window frame, as applicable, as specified in EASA AD 2019-0067R1, dated
September 11, 2019 (EASA AD 2019-0067R1). The FAA issued AD 2019-24-13
to address cracking of the horizontal upper stiffener of the lateral
window frame, which could reduce the structural integrity of the
fuselage.
The NPRM published in the Federal Register on February 15, 2023 (88
FR 9776). The NPRM was prompted by AD 2022-0151, dated July 26, 2022,
issued by EASA (EASA AD 2022-0151) (also referred to as the MCAI). The
MCAI states that several occurrences were reported where, during a
maintenance check, cracks were found in the horizontal upper stiffener
of the lateral window frame at the frame 4 upper attachment. Since EASA
AD 2019-0067R1 was issued, it was determined that the embodiment of
Airbus production modification (mod) 161229 does not provide any
benefit versus the pre-mod 161229 configuration, and Airbus issued
revised service information to remove the credit and higher inspection
threshold for post-mod 161229 airplanes. In addition, based on new
calculations, the inspection interval was increased. The unsafe
condition, if not addressed, could reduce the structural integrity of
the fuselage.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0165.
In the NPRM, the FAA proposed to retain the requirements of AD
2019-24-13, with amended compliance times, as specified in EASA AD
2022-0151. The FAA is issuing this AD to address cracking of the
horizontal upper stiffener of the lateral window frame, which could
reduce the structural integrity of the fuselage.
Discussion of Final Airworthiness Directive
Comments
The FAA received one comment, from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, 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 2022-0151 specifies procedures for repetitive HFEC
inspections of the horizontal upper stiffener of the lateral window
frame on the right-hand (RH) and left-hand (LH) sides for any cracking
and applicable related investigative and corrective actions. Related
investigative and corrective actions include repair, replacement, and
rework. EASA AD 2022-0151 also specifies reporting to Airbus if any
discrepancies (cracking) are found during the inspections. 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 1,528 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2019-24-13... 9 work-hours x $85 per $0 $765 $987,615
hour = $765.
New proposed actions.................. 6 work-hours x $85 per 0 510 779,280
hour = $510.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition rework, replacement, or reporting that would be required
based on the results of any required actions. The FAA has no way of
determining the number of aircraft that might need these on-condition
actions:
[[Page 36467]]
Estimated Costs of On-Condition Actions *
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
Up to 543 work-hours x $85 per Up to $107,370......... $153,525
hour = $46,155.
------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this AD.
According to the manufacturer, some or all of the costs of this 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.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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) 2019-24-13, Amendment 39-21002
(84 FR 71788, December 30, 2019); and
0
b. Adding the following new AD:
2023-09-11 Airbus SAS: Amendment 39-22434; Docket No. FAA-2023-0165;
Project Identifier MCAI-2022-01003-T.
(a) Effective Date
This airworthiness directive (AD) is effective July 10, 2023.
(b) Affected ADs
This AD replaces AD 2019-24-13, Amendment 39-21002 (84 FR 71788,
December 30, 2019).
(c) Applicability
This AD applies to Airbus SAS airplanes identified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2022-
0151, dated July 26, 2022 (EASA AD 2022-0151).
(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 a report that during a maintenance
check, cracks were found in the horizontal upper stiffener of the
lateral window frame at the frame 4 upper attachment, and a
determination that certain compliance times need to be revised. The
FAA is issuing this AD to address cracking of the horizontal upper
stiffener of the lateral window frame. The unsafe condition, if not
addressed, could reduce the 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 2022-0151.
(h) Exceptions to EASA AD 2022-0151
(1) Where EASA AD 2022-0151 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0151.
(3) Paragraph (7) of EASA AD 2022-0151 specifies to report
inspection results to Airbus within a certain compliance time. For
this AD, report inspection results at the applicable time specified
in paragraph (h)(3)(i) or (ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 90 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report
[[Page 36468]]
within 90 days after the effective date of this AD.
(4) Where EASA AD 2022-0151 specifies to perform corrective
actions if ``discrepancies are detected, as identified in the
inspection SB,'' for this AD perform corrective actions if cracking
is detected.
(5) Instead of complying with paragraph (2) of EASA AD 2022-
0151, comply with the following: ``If, during any inspection as
required by paragraph (1) of EASA AD 2022-0151, for this AD, if any
cracking is detected and the stiffener has already been reworked, or
if any cracking is not removed after a third rework of the
horizontal upper stiffener, 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.''
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) 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 2019-24-13 are approved as
AMOCs for the corresponding provisions of EASA AD 2022-0151 that are
required by paragraph (g) of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.
(3) Required for Compliance (RC): Except as required by
paragraph (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 Timothy Dowling,
Aerospace Engineer, FAA, International Validation Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-
3667; 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 2022-0151,
dated July 26, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0151, 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 May 8, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-11820 Filed 6-2-23; 8:45 am]
BILLING CODE 4910-13-P
