[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Proposed Rules]
[Pages 81403-81405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23038]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2327; Project Identifier MCAI-2024-00233-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 adopt a new airworthiness directive (AD) 
for certain Airbus SAS Model A319-111, 112, -113, -114, -115, -131, -
132, and -133 airplanes; A320-211, -212, -214, -216, -231, -232, and -
233 airplanes; and A321-111, -112, -131, -211, -212, -213, -231, and -
232 airplanes. This proposed AD was prompted by a full-scale fatigue 
test that found cracks on the main landing gear (MLG) bay rear skin 
panel at the stringer run-out at Frame 46 and Stringer 32 on the left-
hand and right-hand sides. This proposed AD would require repetitive 
special detailed inspections (SDIs) of the affected area for cracking 
and applicable corrective actions, 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 November 
22, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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-2024-2327; 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:
    <bullet> For EASA material identified in this proposed AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#89c8cdfac9ece8fae8a7ecfcfbe6f9e8a7ecfc"><span class="__cf_email__" data-cfemail="93d2d7e0d3f6f2e0f2bdf6e6e1fce3f2bdf6e6">[email protected]</span></a>; 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-2024-2327.
    <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.

FOR FURTHER INFORMATION CONTACT: Tim 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#83f7eaeeecf7ebfaadf3ade7ecf4efeaede4c3e5e2e2ade4ecf5"><span class="__cf_email__" data-cfemail="33475a5e5c475b4a1d431d575c445f5a5d54735552521d545c45">[email protected]</span></a>.

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-2024-2327; 
Project Identifier MCAI-2024-00233-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

[[Page 81404]]

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; telephone 206-231-3667; email: <a href="/cdn-cgi/l/email-protection#e5918c888a918d9ccb95cb818a92898c8b82a5838484cb828a93"><span class="__cf_email__" data-cfemail="b4c0ddd9dbc0dccd9ac49ad0dbc3d8dddad3f4d2d5d59ad3dbc2">[email protected]</span></a>. 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 2024-0089, dated April 15, 2024 
(EASA AD 2024-0089) (also referred to as the MCAI), to correct an 
unsafe condition for certain Airbus SAS Model A319-111, -112, -113, -
114, -115, -131, -132, and -133 airplanes; A320-211, -212, -214, -215, 
-216, -231, -232, and -233 airplanes; and A321-111, -112, -131, -211, -
212, -213, -231, and -232 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 cracks were found 
on the MLG bay rear skin panel at stringer run-out at Frame 46 and 
Stringer 32 on the left-hand and right-hand sides during a full-scale 
fatigue test. This condition, if not detected and corrected, could lead 
to crack propagation, possibly resulting in reduced structural 
integrity of the airplane.
    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-2024-2327.

Material Incorporated by Reference Under 1 CFR Part 51

    EASA AD 2024-0089 specifies procedures for repetitive SDIs of the 
MLG bay rear skin panel at the stringer run-out at Frame 46 and 
Stringer 32 on the left-hand and right-hand sides. Corrective actions 
include crack 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.

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 2024-0089 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 2024-0089 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2024-0089 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 2024-0089 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 2024-
0089. Material required by EASA AD 2024-0089 for compliance will be 
available at regulations.gov under Docket No. FAA-2024-2327 after the 
FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,857 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
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255 per               $0   $255 per inspection cycle.  $473,535 per inspection
 inspection cycle.                                                                     cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions 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,

[[Page 81405]]

    (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 adding the following new airworthiness 
directive:

Airbus SAS: Docket No. FAA-2024-2327; Project Identifier MCAI-2024-
00233-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 22, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model 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 2024-0089, dated April 15, 2024 (EASA AD 2024-0089).
    (1) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (2) Model A320-211, -212, -214, -216, -231, -232, and -233 
airplanes.
    (3) 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 full-scale fatigue test that found 
cracks on the main landing gear (MLG) bay rear skin panel at 
stringer run-out at Frame 46 and Stringer 32 on the left-hand and 
right-hand sides. The FAA is issuing this AD to detect potential 
fatigue cracking on the MLG bay rear skin panel at the stringer run-
out at Frame 46 and Stringer 32 on the left-hand and right-hand 
sides. The unsafe condition, if not addressed, could lead to crack 
propagation, possibly resulting in reduced 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 paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, EASA AD 2024-0089.

(h) Exceptions to EASA AD 2024-0089

    (1) Where EASA AD 2024-0089 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (2) of EASA AD 2024-0089 specifies ``If, 
during any inspection as required by paragraph (1) of this AD, 
discrepancies are detected, as defined in the SB, before next 
flight, contact Airbus for approved repair instructions and 
accomplish those instructions accordingly,'' this AD requires 
replacing that text with ``If, during any inspection as required by 
paragraph (1) of this AD, any cracking is found, before next flight, 
repair the cracking 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) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0089.

(i) No Reporting Requirement

    Although the material referenced in EASA AD 2024-0089 specifies 
to submit certain information to the manufacturer, this AD does not 
include that requirement.

(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 manager of the 
International Validation Branch, send it to the attention of the 
person identified in paragraph (k) of this AD and email to: 
<a href="/cdn-cgi/l/email-protection#5a1b1715191a3c3b3b743d352c"><span class="__cf_email__" data-cfemail="0b4a4644484b6d6a6a256c647d">[email protected]</span></a>. 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 
paragraph (j)(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.

(k) Additional Information

    For more information about this AD, contact Tim 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#f98d9094968d9180d789d79d968e9590979eb99f9898d79e968f"><span class="__cf_email__" data-cfemail="d5a1bcb8baa1bdacfba5fbb1baa2b9bcbbb295b3b4b4fbb2baa3">[email protected]</span></a>.

(l) 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 2024-0089, 
dated April 15, 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 <a href="/cdn-cgi/l/email-protection#4f0e0b3c0f2a2e3c2e612a3a3d203f2e612a3a"><span class="__cf_email__" data-cfemail="ebaaaf98ab8e8a988ac58e9e99849b8ac58e9e">[email protected]</span></a>; website easa.europa.eu. You may 
find this material 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 <a href="/cdn-cgi/l/email-protection#385e4a1651564b485d5b4c5157567856594a59165f574e"><span class="__cf_email__" data-cfemail="4a2c38642324393a2f293e2325240a242b382b642d253c">[email protected]</span></a>.

    Issued on October 1, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-23038 Filed 10-7-24; 8:45 am]
BILLING CODE 4910-13-P


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