
[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Rules and Regulations]
[Pages 86032-86034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27116]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1815; Project Identifier MCAI-2023-00581-T; 
Amendment 39-22606; AD 2023-23-04]
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 adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes. This AD was prompted by stress analysis results indicating 
that cracks may appear in the center wing box at frame 42 and slanted 
junction areas. This AD requires a one-time inspection of the center 
wing box at frame 42 and slanted junction areas, and applicable 
corrective actions, if necessary, 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 January 16, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 16, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1815; 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-2023-1815.

FOR FURTHER INFORMATION CONTACT: Tim Dowling, Aviation Safety Engineer, 
FAA, 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 by adding an AD that would apply to all Airbus SAS Model 
A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. The 
NPRM published in the Federal Register on September 6, 2023 (88 FR 
60908). The NPRM was prompted by AD 2023-0074, dated April 5, 2023, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2023-0074) (also referred to as the MCAI). 
The MCAI states that stress analysis results from A321 XLR 
certification and fatigue and damage tolerance harmonization have 
revealed that cracks may appear in the center wing box at frame 42 and 
slanted junction areas of the affected airplanes. Cracks may appear due 
to the high fatigue stress in affected areas.
    In the NPRM, the FAA proposed to require a one-time inspection of 
the center wing box at frame 42 and slanted junction areas, and 
applicable corrective actions, if necessary, as specified in EASA AD 
2023-0074. The FAA is issuing this AD to detect potential cracks in the 
center wing box at frame 42 and slanted junction areas. The unsafe 
condition, if not addressed, could affect the structural integrity of 
the fuselage.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1815.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

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 2023-0074 specifies procedures for one-time rototest and 
high frequency eddy current inspections for cracks of the center wing 
box rear lower spar junction area at frame 42; a rototest inspection 
for cracks of the frame 42 slanted beam connection; a detailed visual 
inspection of certain fasteners for damage; and applicable corrective 
actions. Corrective actions include obtaining and following 
instructions for crack repair and replacing damaged fasteners. 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.

[[Page 86033]]

Interim Action

    The FAA considers that this AD is an interim action. If final 
action is later identified, the FAA might consider further rulemaking 
then.

Costs of Compliance

    The FAA estimates that this AD affects 657 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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            Labor cost                Parts cost          Cost per product            Cost on U.S. operators
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Up to 25 work-hours x $85 per                * $0   Up to $2,125................  Up to $1,396,125.
 hour = Up to $2,125.
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* Additional work will be required if repairs are needed. Inspection results will determine extent (time and
  materials) of repair costs.

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this AD.

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 adding the following new airworthiness 
directive:

    2023-23-04 Airbus SAS: Amendment 39-22606; Docket No. FAA-2023-
1815; Project Identifier CAI-2023-00581-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 16, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes, certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by stress analysis results indicating that 
cracks may appear in the center wing box at frame 42 and slanted 
junction areas. The FAA is issuing this AD to detect potential 
cracks in the center wing box at frame 42 and slanted junction 
areas. The unsafe condition, if not addressed, could affect 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, European Union Aviation Safety Agency (EASA) AD 
2023-0074, dated April 5, 2023 (EASA AD 2023-0074).

(h) Exceptions to EASA AD 2023-0074

    (1) Where EASA AD 2023-0074 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2023-0074 specifies to comply with ``the 
instructions of the AOT,'' this AD requires compliance with the 
procedures marked as required for compliance (RC) in the Alert 
Operators Transmission (AOT).
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0074.
    (4) Where paragraph (3) of EASA AD 2023-0074 specifies to 
``contact Airbus for approved repair instructions and, within the 
compliance time specified therein, accomplish those instructions 
accordingly,'' for this AD, if any cracking is detected, the 
cracking must be repaired before further flight using a method 
approved by the

[[Page 86034]]

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) Paragraph (4) of EASA AD 2023-0074 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)(5)(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 within 90 days after the effective date 
of this AD.
    (6) Where paragraph (2) of EASA AD 2023-0074 refers to a ferry 
flight, a special flight permit may be issued in accordance with 14 
CFR 21.197 and 21.199 provided the operators comply with the 
provisions specified in paragraph (2) of EASA AD 2023-0074.

(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]. 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, 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 
paragraphs (h)(2) and (i)(2) of this AD, if any service information 
referenced in EASA AD 2023-0074 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 Tim Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone 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 2023-0074, 
dated April 5, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0074, 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 at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on November 9, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-27116 Filed 12-11-23; 8:45 am]
BILLING CODE 4910-13-P


