[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Rules and Regulations]
[Pages 64365-64368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20174]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1221; Project Identifier MCAI-2023-00070-T; 
Amendment 39-22543; AD 2023-18-02]
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 superseding Airworthiness Directive (AD) 2020-06-
10, which applied to 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 2020-06-10 required repetitive inspections for cracking of the 
vertical stiffeners of the left- and right-hand sides of the window 
frames and corrective actions if necessary. Since the FAA issued AD 
2020-06-10, it was determined that certain compliance times need to be 
reduced. This AD

[[Page 64366]]

retains the requirements of AD 2020-06-10, with amended compliance 
times, as specified in a European Union Aviation Safety Agency (EASA) 
AD, which is proposed for incorporation by reference (IBR). The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective October 24, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 24, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1221; 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:
    <bullet> For the EASA AD incorporated by reference in this AD, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#a7e6e3d4e7c2c6d4c689c2d2d5c8d7c689c2d2"><span class="__cf_email__" data-cfemail="b5f4f1c6f5d0d4c6d49bd0c0c7dac5d49bd0c0">[email protected]</span></a>; website easa.europa.eu. You 
may find this material on the EASA website at ad.easa.europa.eu.
    <bullet> 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-2023-1221.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3667; email <a href="/cdn-cgi/l/email-protection#e9bd8084869d8190c7b9c7ad869e8580878ea98f8888c78e869f"><span class="__cf_email__" data-cfemail="7f2b1612100b1706512f513b1008131611183f191e1e51181009">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-06-10, Amendment 39-19879 (85 FR 
17490, March 30, 2020) (AD 2020-06-10). AD 2020-06-10 applied to 
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 2020-06-10 required 
repetitive inspections for cracking of the vertical stiffeners of the 
left- and right-hand sides of the window frames and corrective actions 
if necessary, as specified in EASA AD 2019-0173, dated July 18, 2019 
(EASA AD 2019-0173). The FAA issued AD 2020-06-10 to address cracking 
of the vertical stiffeners of the left- and right-hand sides of the 
window frames, which could affect the structural integrity of the 
airplane.
    The NPRM published in the Federal Register on June 27, 2023 (88 FR 
41518). The NPRM was prompted by AD 2023-0009, dated January 16, 2023, 
issued by EASA (EASA AD 2023-0009) (also referred to as the MCAI), 
which superseded EASA AD 2019-0173. Since EASA AD 2019-0173 was issued, 
it was determined that certain compliance times need to be reduced, 
based on further analysis. The MCAI states that, during an inspection, 
cracking was found on the frame of the right-hand side sliding window 
in the flight deck. This condition, if not corrected, could lead to 
reduced structural integrity of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1221.
    In the NPRM, the FAA proposed to retain the requirements of AD 
2020-06-10, with amended compliance times, as specified in EASA AD 
2023-0009. The FAA is issuing this AD to address cracking of the 
vertical stiffeners of the left- and right-hand sides of the window 
frames, which could affect the structural integrity of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from one commenter, United Airlines, who 
supported the NPRM without change.

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 2023-0009 specifies procedures for repetitive inspections 
for cracking of the vertical stiffeners of the left- and right-hand 
sides of the window frame and corrective actions if necessary. 
Corrective actions include modification, rework, and repair. 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.

Costs of Compliance

    The FAA estimates that this AD affects 1,525 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                               Cost per         Cost on U.S.
              Action                     Labor cost          Parts cost        product            operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2020-06-   11 work-hours x $85               $0             $935   $1,425,875 per
 10.                                 per hour = $935.                                        inspection cycle.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, The FAA estimates the 
cost of reporting the inspection results on U.S. operators to be 
$129,625, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition modifications that would be required based on the results of 
any required

[[Page 64367]]

actions. The FAA has no way of determining the number of aircraft that 
might need this on-condition modification:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
5 work-hours x $85 per hour = $425....             (*)           * $425
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* The FAA has received no definitive data on which to base the parts
  cost estimates for the on-condition modification specified in this AD.

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the other 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:
0
a. Removing Airworthiness Directive (AD) 2020-06-10, Amendment 39-19879 
(85 FR 17490, March 30, 2020); and
0
b. Adding the following new AD:

2023-18-02 Airbus SAS: Amendment 39-22543; Docket No. FAA-2023-1221; 
Project Identifier MCAI-2023-00070-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 24, 2023.

(b) Affected ADs

    This AD replaces AD 2020-06-10, Amendment 39-19879 (85 FR 17490, 
March 30, 2020) (AD 2020-06-10).

(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 2023-0009, dated January 16, 2023 (EASA AD 2023-0009).
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, and -233 
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report of cracking found on the frame 
of the right-hand side sliding window in the flight deck, and a 
determination that certain compliance times need to be reduced. The 
FAA is issuing this AD to address cracking of the vertical 
stiffeners of the left- and right-hand sides of the window frames, 
which could affect the structural integrity of the airplane.

(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 2023-0009.

(h) Exceptions to EASA AD 2023-0009

    (1) Where EASA AD 2023-0009 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2023-0009 refers to August 1, 2019 (the 
effective date of EASA AD 2019-0173), this AD requires using May 4, 
2020 (the effective date of AD 2020-06-10).
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0009.
    (4) Paragraph (3) of EASA AD 2023-0009 specifies to report 
inspection results to Airbus within a certain compliance time. For 
this AD, report inspection results (in case of findings only) at the 
applicable time

[[Page 64368]]

specified in paragraph (h)(4)(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.
    (5) Where paragraph (5) of EASA AD 2023-0009 specifies credit 
for certain actions, this AD provides credit for using the torque 
values specified in Section 13 of the Airbus technical adaptations 
(TAs) identified in paragraphs (h)(5)(i) through (vi) of this AD, 
when installing a certain eccentric referenced in ``Airbus SB A320-
53-1402 original issue'' or ``Airbus SB A320-53-1403 original 
issue,'' as specified in the applicable TA, before the effective 
date of this AD.
    (i) Airbus TA 80662272/007/2019, Issue 1, dated August 29, 2019.
    (ii) Airbus TA 80662272/008/2019, Issue 1, dated August 29, 
2019.
    (iii) Airbus TA 80662272/009/2019, Issue 1, dated August 29, 
2019.
    (iv) Airbus TA 80662272/010/2019, Issue 1, dated August 29, 
2019.
    (v) Airbus TA 80696258/006/2019, Issue 1, dated October 29, 
2019.
    (vi) Airbus TA 80696258/007/2019, Issue 1, dated October 29, 
2019.
    (6) Where Table 1 of EASA AD 2023-0009 specifies configurations, 
replace the text ``post SB'' with ``post embodiment of SB'' and 
replace the text ``pre SB'' with ``pre embodiment of SB.''

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, may be issued to operate the airplane to a location where 
the requirements of this AD can be accomplished, but concurrence by 
the Manager, International Validation Branch, FAA, is required 
before issuance of the special flight permit.

(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: <a href="/cdn-cgi/l/email-protection#1b22365a4d48365a5249362c282b365a5654585b7d7a7a357c746d"><span class="__cf_email__" data-cfemail="734a5e3225205e323a215e4440435e323e3c30331512125d141c05">[email protected]</span></a>.
    (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 2020-06-10 are approved as 
AMOCs for the corresponding provisions of EASA AD 2023-0009 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 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 (j)(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.

(k) Additional Information

    For more information about this AD, contact Timothy Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY; telephone 206-231-3667; email 
<a href="/cdn-cgi/l/email-protection#f1a5989c9e859988dfa1dfb59e869d989f96b1979090df969e87"><span class="__cf_email__" data-cfemail="adf9c4c0c2d9c5d483fd83e9c2dac1c4c3caedcbcccc83cac2db">[email protected]</span></a>.

(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 2023-0009, 
dated January 16, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0009, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#b7f6f3c4f7d2d6c4d699d2c2c5d8c7d699d2c2"><span class="__cf_email__" data-cfemail="1e5f5a6d5e7b7f6d7f307b6b6c716e7f307b6b">[email protected]</span></a>; 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 <a href="/cdn-cgi/l/email-protection#dabca8f4b3b4a9aabfb9aeb3b5b49ab4bba8bbf4bdb5ac"><span class="__cf_email__" data-cfemail="e08692ce898e9390858394898f8ea08e819281ce878f96">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 1, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-20174 Filed 9-18-23; 8:45 am]
BILLING CODE 4910-13-P


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