[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Proposed Rules]
[Pages 45115-45118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14878]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1492; Project Identifier MCAI-2023-00195-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2022-18-09, which applies to certain Airbus SAS Model A319-111, -112, -
113, -114, -115, -131, -132, and -133; A320-211, -212, -214, -216, -
231, -232, -233, -251N, and -271N; and A321-111, -112, -131, -211, -
212, -213, -231, -232, -251N, and -253N airplanes. AD 2022-18-09 
continues to require the actions in AD 2019-26-01 and AD 2021-23-15, 
and adds airplanes to the applicability. Since the FAA issued AD 2022-
18-09, it was determined that additional airplanes and galleys are 
subject to the unsafe condition, and a compliance time for certain 
airplanes should be extended. This proposed AD would continue to 
require the actions in AD 2022-18-09 and would require expanding the 
applicability, obtaining and following additional instructions for 
certain modified airplanes, and extending the compliance time for 
certain airplanes, 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 August 28, 
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-2023-1492; 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 the AD identified in this NPRM, you may 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. It is also 
available at regulations.gov under Docket No. FAA-2023-1492.
     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.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3667; 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-2023-1492; Project Identifier 
MCAI-2023-00195-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 
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 206-231-3667; 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

    The FAA issued AD 2022-18-09, Amendment 39-22160 (87 FR 56576, 
September 15, 2022) (AD 2022-18-09), for certain Airbus SAS Model A319-
111, -112, -113, -114, -115, -131, -132, and -133; A320-211, -212, -
214, -216, -231, -232, -233, -251N, and -271N, and A321-111, -112, -
131, -211, -212, -213, -231, -232, -251N, and -253N airplanes. AD 2022-
18-09 was prompted by an MCAI originated by EASA, which is the 
Technical Agent for the Member States of the European Union. EASA 
issued AD 2022-0026, dated February 16, 2022, to correct an unsafe 
condition.
    AD 2022-18-09 continues to require the actions that were required 
by AD 2019-26-11, Amendment 39-21022 (85 FR 6755, February 6, 2020) (AD 
2019-26-11) and AD 2021-23-15, Amendment 39-21813 (86 FR 68894, 
December 6, 2021) (AD 2021-23-15), and adds airplanes to the 
applicability. The FAA issued AD 2022-18-09 to address potential 
failure of the galley door and release of waste bins during a rejected 
take-off or an emergency landing, and potential container detachment 
from the galley under

[[Page 45116]]

certain forward loading conditions, possibly resulting in damage to the 
airplane and injury to occupants.

Actions Since AD 2022-18-09 Was Issued

    Since the FAA issued AD 2022-18-09, EASA superseded EASA AD 2022-
0026, dated February 16, 2022, and issued EASA AD 2023-0029, dated 
February 1, 2023 (EASA AD 2023-0029) (also referred to as the MCAI), to 
correct an unsafe condition for certain Airbus 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, A321-252N, A321-253N, A321-271N and A321-272N 
airplanes. Model A320-215 airplanes are not certificated by the FAA and 
are not included on the U.S. type certificate data sheet; this AD 
therefore does not include those airplanes in the applicability. The 
MCAI states that during a full-scale qualification test of Galley G5, 
the door of the waste compartment opened before the required load was 
reached. This event was determined to be the result of galley global 
deflection. This condition, if not corrected, could lead to failure of 
the galley door and release of waste bins during a rejected take-off or 
an emergency landing, possibly resulting in damage to the airplane and 
injury to occupants.
    To address this potential unsafe condition, EASA issued AD 2018-
0255 (which corresponds to FAA AD 2019-26-11), requiring a modification 
to the waste compartment door by installing a door catch bracket and a 
new striker.
    After that AD was issued, container/galley end stop bumpers were 
found damaged in service, which could lead to container detachment from 
the galley under certain forward loading conditions, possibly resulting 
in injury to airplane occupants. EASA issued AD 2019-0106 (which 
corresponds to FAA AD 2021-23-15) to require modification of the 
affected galleys by replacing affected bumpers with serviceable 
bumpers.
    After those ADs were issued, it was determined that additional 
airplanes may be subject to the unsafe condition, and EASA issued AD 
2022-0026 (which corresponds to FAA AD 2022-18-09) and superseded EASA 
ADs 2018-0255 and 2019-0106 (FAA AD 2022-18-09 superseded FAA ADs 2019-
26-11 and 2021-23-15).
    Consequently, based on comments from operators and information from 
the galley manufacturer, EASA determined that additional actions are 
needed for galleys that were modified using non-Airbus-approved 
modifications, that additional airplanes are subject to the unsafe 
condition, and that the compliance time for Group 5 airplanes should be 
extended.
    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-2023-1492.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2022-18-09, this proposed AD would retain all of the 
requirements of AD 2022-18-09. Those requirements are referenced in AD 
2022-18-09, which, in turn, is referenced in paragraph (g) of this 
proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0029 specifies procedures for modifying the affected 
galleys by replacing the affected bumpers with serviceable bumpers; for 
modifying the waste compartment door of each affected galley by 
installing a door catch bracket and a new striker, and for re-
identifying the affected galleys. For airplanes equipped with galleys 
that were modified using non-Airbus-approved methods, EASA AD 2023-0029 
specifies procedures for obtaining and accomplishing additional 
instructions. 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.

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 this 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 2023-0029 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 2023-0029 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0029 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 2023-0029 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required 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 2023-
0029. Service information required by EASA AD 2023-0029 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-1492 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,507 airplanes of U.S. registry. The FAA estimates the 
following costs to comply with this proposed AD:


                                      Estimated Costs for Required Actions
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                                                                                                 Cost on U.S.
             Action                      Labor cost          Parts cost    Cost per product        operators
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Retained actions from AD 2022-18- Up to 59 work-hours x              $0  Up to $5,105.......  Up to $5,476,380.
 09.                               $85 per hour = Up to
                                   $5,105.
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[[Page 45117]]

    The FAA has received no definitive data on which to base the cost 
estimates for the obtaining and following additional instructions 
action specified in this proposed AD.
    According to the manufacturer, some or all of the costs of this 
proposed 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.

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

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) 2022-18-09, Amendment 39-22160 
(87 FR 56576, September 15, 2022); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-1492; Project Identifier MCAI-2023-
00195-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 28, 2023.

(b) Affected ADs

    This AD replaces AD 2022-18-09, Amendment 39-22160 (87 FR 56576, 
September 15, 2022) (AD 2022-18-09).

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2023-0029, dated February 1, 2023 (EASA AD 2023-0029), 
except where the Applicability of EASA AD 2023-0029 refers to 
certain galleys, replace the text ``if equipped with a galley,'' 
with ``if delivered with a galley.''
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, and -272N airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Unsafe Condition

    This AD was prompted by a report that during re-engineering of 
galley G5, a 9G forward full scale qualification test was performed, 
and the door of the waste compartment opened before the required 
load was reached, and by reports of finding container/galley end 
stop bumpers damaged in service. This AD was also prompted by the 
determination that additional airplanes and galleys are subject to 
the unsafe condition, and a compliance time for certain airplanes 
should be extended. The FAA is issuing this AD to address potential 
failure of the galley door and release of waste bins during a 
rejected take-off or an emergency landing, and potential container 
detachment from the galley under certain forward loading conditions, 
possibly resulting in damage to the airplane and injury to 
occupants.

(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 2023-0029.

(h) Exceptions to EASA AD 2023-0029

    (1) Where EASA AD 2023-0029 specifies a compliance time of 
``within 12 months after 11 December 2018 [the effective date of 
EASA AD 2018-0255], ``this AD requires using ``within 12 months 
after January 10, 2022 (the effective date of AD 2021-23-15), or 
within 6 months after the effective date of this AD, whichever 
occurs later.''
    (2) Where EASA AD 2023-0029 refers to May 29, 2019 (the 
effective date of EASA AD 2019-0106), this AD requires using March 
12, 2020 (the effective date of AD 2019-26-11).
    (3) Where EASA AD 2023-0029 specifies a compliance time of 
``within 12 months after 02 March 2022 [the effective date of EASA 
AD 2022-0026],'' this AD requires using ``within 12 months after 
October 20, 2022 (the effective date of AD 2022-18-09), or within 6 
months after the effective date of this AD, whichever occurs 
later.''
    (4) Where EASA AD 2023-0029 refers to its effective date, this 
AD requires using the effective date of this AD.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0029.

(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 2022-18-09 are approved as 
AMOCs for the corresponding provisions of EASA AD 2023-0029 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

[[Page 45118]]

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 Timothy Dowling, 
Aviation Safety Engineer, FAA, 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 2023-0029, 
dated February 1, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0029, 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 July 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-14878 Filed 7-13-23; 8:45 am]
BILLING CODE 4910-13-P


