[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Proposed Rules]
[Pages 14298-14301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04639]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0427; Project Identifier MCAI-2022-01370-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus SAS Model A318, A319, A320, and A321 series airplanes. 
This proposed AD was prompted by reports where the passenger door 
external handle mechanism was not retrieving its normal, flush position 
when the door was being closed. This proposed AD would require a one-
time cleaning and lubrication of the external door handle mechanism of 
each affected door, and would limit the installation of affected parts, 
as specified in a European Union Aviation Safety Agency (EASA) AD, 
which is proposed for incorporation by reference (IBR). The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 24, 
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0427; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material that is proposed for IBR in this NPRM, 
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. It is 
also available at regulations.gov under Docket No. FAA-2023-0427.
     You may view this service information at the FAA, 
Airworthiness

[[Page 14299]]

Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aerospace Engineer, Large 
Aircraft Section, International Validation Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; phone 817-228-7317; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-0427; Project Identifier 
MCAI-2022-01370-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Dat 
Le, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
phone 817-228-7317; email [email protected]. Any commentary that the FAA 
receives which is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0213 R1, dated November 8, 2022 
(EASA AD 2022-0213 R1) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A318-111, A318-112, A318-121, 
A318-122, A319-111, A319-112, A319-113, A319-114, A319-115, A319-131, 
A319-132, A319-133, A319-151N, A319-153N, A319-171N, A320-211, A320-
212, A320-214, A320-215, A320-216, A320-231, A320-232, A320-233, A320-
251N, A320-252N, A320-253N, A320-271N, A320-272N, A320-273N, A321-111, 
A321-112, A321-131, A321-211, A321-212, A321-213, A321-231, A321-232, 
A321-251N, A321-251NX, A321-252N, A321-252NX, A321-253N, A321-253NX, 
A321-271N, A321-271NX, A321-272N and A321-272NX airplanes. Model A320-
215 airplanes are not certificated by the FAA and are not included on 
the U.S. type certificate data sheet; this proposed AD therefore does 
not include those airplanes in the applicability.
    The MCAI states one operator has reported two cases of a passenger/
flight crew door external handle flap remaining stuck in an 
intermediate or fully pushed position (not flush with the door skin) on 
two recently delivered Model A320 series airplanes after the door was 
opened from outside. With the external handle flap in this intermediate 
position, in one of the reported cases, the operator was not able to 
open the door normally from inside Subsequent investigation determined 
that on the production line of one door supplier, corrosion protection 
compound (CPC) was inadvertently applied to the movable parts of the 
mechanism during production. The CPC, when applied to these parts leads 
to a sticky effect and prevents the passenger door external handle flap 
from moving to the closed position, which is flush with the fuselage 
skin. The unsafe condition, if not addressed, could inhibit opening the 
door from the inside, or allow the door to open, automatically 
disarming the slide/raft, which would result in its non-automatic 
deployment. Both scenarios could delay a safe evacuation of airplane 
occupants during an emergency. The FAA is proposing this AD to address 
the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0427.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0213 R1 specifies procedures for cleaning and 
lubricating the movable parts of the external passenger door handle 
mechanism of affected doors. EASA AD 2022-0213 R1 also limits the 
installation of affected parts.
    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 ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with the State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0213 R1 described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2022-0213 R1 by reference in the 
FAA final rule. This proposed AD would, therefore, require compliance 
with EASA AD 2022-0213 R1 in its entirety through that incorporation, 
except for any differences identified as exceptions in the regulatory 
text of this proposed AD. Using common terms that are the same, as the 
heading of a particular section in EASA AD 2022-0213 R1 does not mean 
that operators need comply only with that section. For example, where 
the AD requirement refers to ``all required

[[Page 14300]]

actions and compliance times,'' compliance with this AD requirement is 
not limited to the section titled ``Required Action(s) and Compliance 
Time(s)'' in EASA AD 2022-0213 R1. Service information required by EASA 
AD 2022-0213 R1 for compliance will be available at regulations.gov 
under Docket No. FAA-2023-0427 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,864 airplanes of U.S. registry. The FAA estimates the 
following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 4 work-hours x $85 per hour =                 $50   Up to $390................  Up to $726,960.
 $340.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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 adding the following new airworthiness 
directive:

Airbus SAS: Docket No. FAA-2023-0427; Project Identifier MCAI-2022-
01370-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by April 24, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category.
    (1) Model A318-111, A318-112, A318-121, and A318-122 airplanes.
    (2) Model A319-111, A319-112, A319-113, A319-114, A319-115, 
A319-131, A319-132, A319-133, A319-151N, A319-153N, and A319-171N 
airplanes.
    (3) Model A320-211, A320-212, A320-214, A320-216, A320-231, 
A320-232, A320-233, A320-251N, A320-252N, A320-253N, A320-271N, 
A320-272N, and A320-273N airplanes.
    (4) Model A321-111, A321-112, A321-131, A321-211, A321-212, 
A321-213, A321-231, A321-232, A321-251N, A321-251NX, A321-252N, 
A321-252NX, A321-253N, A321-253NX, A321-271N, A321-271NX, A321-272N, 
and A321-272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Unsafe Condition

    This AD was prompted by reports where the passenger door 
external handle mechanism was not allowing the flap handle to return 
to its normal, flush position when the door was being closed. 
Subsequent investigation concluded corrosion protection compound 
(CPC) was inadvertently applied to the movable parts of the 
mechanism during production. The CPC prevents the handle flap from 
moving to the closed position, flush with the fuselage skin. The 
unsafe condition, if not addressed, could inhibit opening the door 
from the inside, or allow the door to open, automatically disarming 
the slide/raft, which would result in its non-automatic deployment. 
Both scenarios could delay a safe evacuation of airplane occupants 
during an emergency.

 (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, European Union Aviation Safety Agency (EASA) AD 
2022-0213 R1, dated November 8, 2022 (EASA AD 2022-0213 R1).

(h) Exceptions to EASA AD 2022-0213 R1

    (1) Where EASA AD 2022-0213 R1, refers to November 3, 2022 (the 
effective of EASA AD 2022-0213, dated October 20, 2022), this AD 
requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0213 R1.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 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]. 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

[[Page 14301]]

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 referenced 
in EASA AD 2022-0213 R1 contains paragraphs that are labeled as RC, 
the instructions in RC paragraphs, including subparagraphs under an 
RC paragraph, must be done to comply with this AD; any paragraphs, 
including subparagraphs under those paragraphs, that are not 
identified as RC are recommended. The instructions in paragraphs, 
including subparagraphs under those paragraphs, 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 instructions identified as RC can 
be done and the airplane can be put back in an airworthy condition. 
Any substitutions or changes to instructions identified as RC 
require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Dat Le, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, 
FAA, 2200 South 216th St., Des Moines, WA 98198; phone 817-228-7317; 
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 2022-0213 
R1, dated November 8. 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0213 R1, 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 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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-04639 Filed 3-7-23; 8:45 am]
BILLING CODE 4910-13-P


