60908 Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1815; Project 

Identifier MCAI–2023–00581–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 A321–111, –112, 

–131, –211, –212, –213, –231, and –232 

airplanes. This proposed 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 proposed AD would 

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 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 October 23, 

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–2023–1815; 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 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 AD, contact EASA, 

Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

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: Tim 

Dowling, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; phone 206–231– 

3667; email: timothy.p.dowling@faa.gov. 

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–2023–1815; Project Identifier 

MCAI–2023–0581–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 Tim Dowling, 

Aviation Safety Engineer, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; phone 206–231–3667; email: 

timothy.p.dowling@faa.gov. 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 2023–0074, 

dated April 5, 2023 (EASA AD 2023– 

0074) (also referred to as the MCAI), to 

correct an unsafe condition for all 

Airbus SAS Model A321–111, –112, 

–131, –211, –212, –213, –231, and –232 

airplanes. The MCAI states that stress 

analysis results from A321 XLFR 

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. 

The FAA is proposing 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. See 

EASA AD 2023–0074 for additional 

background information. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1815. 

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 

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 this State of 

Design Authority, it has notified the 

FAA of the unsafe condition described 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Proposed Rules 60909 

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 2023–0074 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 2023–0074 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2023–0074 

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 2023–0074 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 2023–0074. 

Service information required by EASA 

AD 2023–0074 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2023–1815 after the 

FAA final rule is published. 

Interim Action 

The FAA considers that this proposed 

AD would be 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, if 

adopted as proposed, would affect 657 

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 25 work-hours × $85 per hour = Up to $2,125 ....................................... * $0 Up to $2,125 .............. Up to $1,396,125. 

* 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 proposed 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 current 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 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Airbus SAS: Docket No. FAA–2023–1815; 

Project Identifier MCAI–2023–00581–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by October 23, 

2023. 


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60910 Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Proposed Rules 

(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 

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. 

(j) 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 (k) of this AD. Information may be 

emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 

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 (j)(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. 

(k) 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: timothy.p.dowling@faa.gov. 

(l) 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 ADs@easa.europa.eu; 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 

fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 30, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–19075 Filed 9–5–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–1780; Airspace 

Docket No. 23–ASO–35] 

RIN 2120–AA66 

Revocation of Class D and Class E 

Airspace; Milton, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

remove Class D airspace, Class E surface 

airspace, and Class E airspace extending 

upward from 700 feet above the surface 

for Choctaw NOLF, Milton, FL. 

DATES: Comments must be received on 

or before October 23, 2023. 

ADDRESSES: Send comments identified 

by FAA Docket No. FAA–2023–1780 

and Airspace Docket No. 23–ASO–35 

using any of the following methods: 

* Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 

online instructions for sending your 

comments electronically. 

* Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

* Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 


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