[Federal Register Volume 90, Number 31 (Tuesday, February 18, 2025)]
[Proposed Rules]
[Pages 9695-9698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02633]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 31 / Tuesday, February 18, 2025 /
Proposed Rules
[[Page 9695]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1895; Project Identifier MCAI-2023-01240-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM).
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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) to
supersede Airworthiness Directive (AD) 2022-08-08, which applies to
certain Airbus SAS Model A318-111, -112, -121, -122 airplanes; Model
319-111, -112, -113, -114, -115, -131, -132, -133, -151N, -153N, and -
171N airplanes; Model A320-211, -212, -214, -216, -231, -232, -233, -
251N, -252N, -253N, -271N, -272N, and -273N airplanes; and Model A321-
111, -112, -131, -211, -212, -213, -231, -232, -251N, -251NX, -252N, -
252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX airplanes. This
action revises the NPRM by adding requirements for certain airplanes.
The FAA is proposing this AD to address the unsafe condition on these
products. Since these actions would impose an additional burden over
that in the NPRM, the FAA is reopening the comment period to allow the
public the chance to comment on these changes.
DATES: The FAA must receive comments on this SNPRM by April 4, 2025.
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-2024-1895; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, this SNPRM, 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 identified in this proposed 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.
FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; 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 the ADDRESSES section. Include ``Docket No. FAA-2024-1895;
Project Identifier MCAI-2023-01240-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 SNPRM.
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 SNPRM 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 SNPRM, 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 SNPRM. Submissions containing CBI should
be sent to Timothy Dowling, Aviation Safety Engineer, FAA, 2200 South
216th St., Des Moines, WA 98198; 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 2022-08-08, Amendment 39-22011 (87 FR 23755,
April 21, 2022) (AD 2022-08-08), for 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 2022-08-08 requires repetitive special detailed
inspections of certain areas and applicable on-condition actions. The
FAA issued AD 2022-08-08 to address cracks in the double joggle areas
at frame (FR) 16 and FR20, right-hand and left-hand sides, which, if
not detected and corrected, could reduce the structural integrity of
the fuselage.
The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD to
supersede AD 2022-08-08 that would apply to certain Airbus SAS Model
[[Page 9696]]
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. The NPRM published in the Federal Register on
July 24, 2024 (89 FR 59857). The NPRM was prompted by an MCAI issued by
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union. EASA
issued AD 2023-0212, dated December 6, 2023 (EASA 2023-0212), to
correct an unsafe condition. The NPRM proposed to continue to require
repetitive special detailed inspections for cracking of double joggle
areas at FR16 and FR20, right-hand and left-hand sides, and applicable
on-condition actions (repair). The NPRM also proposed to provide an
optional modification of the double joggle area that would terminate
the repetitive inspections, and add airplanes to the applicability.
Actions Since the NPRM Was Issued
Since the FAA issued the NPRM, EASA superseded AD 2023-0212 and
issued EASA AD 2024-0217, dated November 18, 2024 (EASA AD 2024-0217)
(also referred to as the MCAI). The MCAI states that EASA AD 2023-0212
incorrectly terminated the AD-mandated repetitive inspections for all
the Airbus repair instructions; only those in which the termination of
the AD mandated inspection was explicitly written in the Airbus
approved instructions should have been terminated. Therefore,
additional requirements are necessary for airplanes that have been
repaired after accomplishment of ALI tasks 531153-02 or 531155-02. The
MCAI applies to certain Airbus SAS Model A318-111, -112, -121, -122
airplanes; Model 319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes; Model A320-211, -212, -214, -216, -
231, -232, -233, -251N, -252N, -253N, -271N, -272N, and -273N
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, -
232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.
The FAA is proposing this AD to address reports that, during
inspections accomplished as specified in certain airworthiness
limitation items (ALIs), cracks were detected in the double joggle
areas at frame (FR) 16 and FR20 in the nose forward fuselage. The
unsafe condition, if not addressed, could result in reduced structural
integrity of the fuselage. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2024-1895.
Comments
The FAA received a comment from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
The FAA received an additional comment from American Airlines. The
following presents the FAA's response.
Request To Require New EASA AD
In the proposed AD, the FAA would have required compliance with
EASA AD 2023-0212 (with specified exceptions). American Airlines stated
that EASA issued proposed AD (PAD) 24-085 to supersede EASA AD 2023-
0212. American Airlines requested that the FAA amend the proposed AD to
require compliance with the new EASA AD to ensure that operators and
the FAA are aligned with the latest EASA requirements.
The FAA agrees with American Airlines' request. This SNPRM would
require the actions specified in EASA AD 2024-0217 including the
additional requirements previously described relating to the
terminating action for the repetitive inspections.
Additional Changes Made to This Proposed AD
Because the NPRM incorrectly allowed for termination of the
mandated inspections for all Airbus repair instructions, this proposed
AD revises the NPRM by requiring the actions specified in EASA AD 2024-
0217, which in turn corrects the terminating action provisions.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2024-0217. This material specifies
procedures for repetitive special detailed inspections for cracking of
double joggle areas at FR16 and FR20, right-hand and left-hand sides,
applicable on-condition actions (repair), and an optional modification
of the double joggle area that terminates the repetitive inspections.
The modification includes a rotating probe inspection of certain
fastener holes for cracks, a check of the fastener holes for a minimum
diameter, and applicable on-condition actions. EASA AD 2024-0217 also
specifies that new SRM tasks have been developed that are acceptable
for compliance with the corrective actions required by AD 2022-08-08
for airplanes affected by that AD. EASA AD 2024-0217 specifies
additional requirements for airplanes that have been repaired after
accomplishment of airworthiness limitations item (ALI) task 531153-02
or 531155-02. 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 and
material referenced above. The FAA is issuing this SNPRM after
determining that the unsafe condition described previously is likely to
exist or develop on other products of the same type design.
Certain changes described above expand the scope of the NPRM. As a
result, it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this SNPRM.
Proposed Requirements of This SNPRM
This proposed AD would retain all requirements of AD 2022-08-08.
This proposed AD would add requirements for certain airplanes, add
airplanes to the applicability, and require accomplishing the actions
specified in the material described previously.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1,755 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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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 55 work-hours x $85 per hour = Up $0 Up to $4,675............... Up to $8,204,625.
to $4,675.
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[[Page 9697]]
Estimated Costs for Optional Actions
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Labor cost Parts cost Cost per product
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60 work-hours x $85 per hour = $5,100 $1,624 $6,724
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed 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
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) 2022-08-08, Amendment 39-22011
(87 FR 23755, April 21, 2022); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2024-1895; Project Identifier MCAI-2023-
01240-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 4, 2025.
(b) Affected ADs
(1) This AD replaces AD 2022-08-08, Amendment 39-22011 (87 FR
23755, April 21, 2022) (AD 2022-08-08).
(2) This AD affects AD 2023-13-10, Amendment 39-22495 (88 FR
50005, August 1, 2023) (AD 2023-13-10).
(c) Applicability
This AD applies to Airbus SAS Model airplanes specified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2024-0217, dated November 18, 2024 (EASA AD 2024-0217).
(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, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports that, during inspections
accomplished as specified in certain airworthiness limitation items
(ALIs), cracks were detected in the double joggle areas at frame
(FR) 16 and FR20 in the nose forward fuselage. The unsafe condition,
if not addressed, could result in reduced 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 paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, EASA AD 2024-0217.
(h) Exceptions to EASA AD 2024-0217
(1) Replace paragraph (3) of EASA AD 2024-0217 with ``For an
airplane that has been repaired before the effective date of this AD
in an affected area using Airbus-approved instructions unrelated to
(not a result of a finding during an ALI inspection or the
inspection SB) ALI task 531153-02-1, 531153-02-2, 531155-02-1,
531155-02-2, 531153-03-1, 531155-03-1 and/or the inspection SB, as
applicable. Before exceeding the thresholds as specified in Table 1
(for CEO airplanes) or Table 2 (for NEO airplanes) of this AD, as
applicable, contact Airbus for approved instructions and accomplish
those instructions accordingly.''
(2) Where paragraph (4) of EASA AD 2024-0217 specifies to
``contact Airbus for approved repair instructions and, within the
compliance time specified therein, accomplish those instructions
accordingly'' if any cracks are detected, for this AD if any
cracking is detected, the cracking must be repaired before further
flight using a method approved by the Manager, AIR-520, Continued
Operational Safety 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) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0217.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2024-0217
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Terminating Action for Certain Requirements in AD 2023-13-10
Accomplishing the actions required by this AD terminates ALI
Tasks 531153-02-1, 531153-02-2, 531155-02-1, and 531155-02-2, as
required by paragraph (o) of AD 2023-13-10 only for the airplanes
identified in paragraph (c) of this AD.
(k) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, AIR-
520, Continued Operational Safety Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14
[[Page 9698]]
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 AIR-
520, Continued Operational Safety Branch, mail it to the address
identified in paragraph (l) 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 2022-08-08 are approved as
AMOCs for the corresponding provisions of EASA AD 2024-0217 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, AIR-520,
Continued Operational Safety 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 (k)(2) of this AD, if any material 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.
(l) Additional Information
For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone 206-231-3667; email [email protected].
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0217,
dated November 18, 2024.
(ii) [Reserved].
(3) For EASA material identified 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 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 February 11, 2025.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-02633 Filed 2-14-25; 8:45 am]
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