[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]


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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.

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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
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                                                                                                 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.
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    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


