[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54588-54590]
[FR Doc No: 2021-21540]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2021-0894; Special Conditions No. 25-791-SC]

Special Conditions: Boeing Commercial Airplanes Model 777-9
Airplane; Operation Without Normal Electrical Power

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Boeing Commercial
Airplanes (Boeing) Model 777-9 series airplane. This airplane will have
a novel or unusual design feature when compared to the state of
technology envisioned in the airworthiness standards for transport
category airplanes. This design feature is electrical and electronic
systems that perform critical functions, the loss of which could be
catastrophic to the airplane. The applicable airworthiness regulations
do not contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

DATES: This action is effective on Boeing on October 4, 2021. Send
comments on or before November 18, 2021.

ADDRESSES: Send comments identified by Docket No. FAA-2021-0894 using
any of the following methods:
     Federal eRegulations Portal: Go to https://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 (DOT), 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 Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: 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 https://www.regulations.gov/, including any personal
information you provide. The FAA will also post a report summarizing
each substantive verbal contact received about these special
conditions.
    Confidential Business Information: 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 these special
conditions contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to these special conditions, 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 the indicated comments will not be placed in the public
docket of these special conditions. Submissions containing CBI should
be sent to Steve Slotte, Aircraft Systems, AIR-623, Technical
Innovation Policy Branch, Policy and Innovation Division, Aircraft
Certification Service, Federal Aviation Administration, 2200 South
216th Street, Des Moines, Washington 98198; telephone and fax 206-231-
3160;

<EMAIL_ADDRESS>Comments the FAA receives, which are not
specifically designated as CBI, will be placed in the public docket for
these special conditions.
    Docket: Background documents or comments received may be read at
https://www.regulations.gov/ at any time. Follow the online
instructions for accessing the docket or go to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Stephen Slotte, Aircraft Systems, AIR-
623, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA has determined that prior public notice and comment
are unnecessary, and finds that, for the same reason, good cause exists
for adopting these special conditions upon publication in the Federal
Register.

Comments Invited

    The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    The FAA will consider all comments received by the closing date for
comments. The FAA may change these special conditions based on the
comments received.

Background

    On September 30, 2018, Boeing applied for an amendment to Type
Certificate No. T00001SE to include the new Model 777-9 series
airplane. The Boeing Model 777-9 airplane, which is a derivative of the
Boeing Model 777 airplane currently approved under Type Certificate No.
T00001SE, is a twin-engine, transport-category airplane with seating
for 495 passengers, and a maximum takeoff weight of 775,000 lbs.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR), Sec.  21.101, Boeing must show that the Model 777-9 series
airplane meets the applicable provisions of the regulations listed in
Type Certificate No. T00001SE, or the applicable regulations in effect
on the date of application for the change, except for earlier
amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 777-9 series airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 777-9 series airplane must comply with the
fuel vent and exhaust emission requirements of 14 CFR part 34 and the
noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 777-9 series airplane will incorporate the
following novel or unusual design feature:
    Electrical and electronic systems that perform critical functions,
the loss of which may result in loss of flight controls and other
critical systems and may be catastrophic to the airplane.

Discussion

    The Boeing Model 777-9 series airplane has a fly-by-wire flight
control system that requires a continuous source of electrical power in
order to maintain an operable flight control system. Section
25.1351(d), Operation without normal electrical power, requires safe
operation in visual flight rule (VFR) conditions for at least five
minutes after loss of normal electrical power excluding the battery.
This rule is structured around a traditional design using mechanical
control cables and linkages for flight control. These manual controls
allow the crew to maintain aerodynamic control of the airplane for an
indefinite period of time after loss of all electrical power. Under
these conditions, a mechanical flight control system provides the crew
with the ability to fly the airplane while attempting to identify the
cause of the electrical failure, restart engine(s) if necessary, and
attempt to re-establish some of the electrical power generation
capability.
    A critical assumption in Sec.  25.1351(d) is that the airplane is
in VFR conditions at the time of the failure. This is not a valid
assumption in today's airline operating environment where airplanes fly
much of the time in instrument meteorological conditions (IMC) on air
traffic control defined flight paths. Another assumption in the
existing rule is that the loss of all normal electrical power is the
result of the loss of all engines. The five-minute period in the rule
is to allow at least one engine to be restarted following an all-engine
power loss in order to continue the flight to a safe landing. However,
service experience on airplane models with similar electrical power
system architecture as the Boeing Model 777-9 airplane has shown that
at least the temporary loss of all electrical power for causes other
than all-engine failure is not extremely improbable.
    To maintain the same level of safety envisioned by the existing
rule with traditional mechanical flight controls, the Boeing Model 777-
9 series airplane design must not be time-limited in its operation
under all reasonably foreseeable conditions, including loss of all
normal sources of engine or auxiliary power unit (APU)-generated
electrical power. Unless Boeing can show that the non-restorable loss
of the engine and APU power sources is extremely improbable, Boeing
must demonstrate that the airplanes can maintain safe flight and
landing (including steering and braking on the ground for airplanes
using steer/brake-by-wire and/or fly-by-wire speed brake panels) with
the use of its emergency/alternate electrical power systems. These
electrical power systems, or the minimum restorable electrical power
sources, must be able to power loads that are essential for continued
safe flight and landing, including those required for the maximum
length of approved flight diversion.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Boeing Model 777-9 series airplane. Should Boeing apply at a later date
for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, these special
conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on one model series of airplanes. It is not a rule of general
applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701, 44702,
44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for the Boeing Commercial Airplanes Model
777-9 series airplanes.
    In lieu of 14 CFR 25.1351(d), the following special conditions
apply:
    (a) The applicant must show by test or a combination of test and
analysis that the airplane is capable of continued safe flight and
landing with all normal electrical power sources inoperative, as
prescribed by paragraphs (a)(1) and (a)(2), below. For purposes of
these special conditions, normal sources of electrical power generation
do not include any alternate power sources such as the battery, ram air
turbine, or independent power systems such as the flight control
permanent magnet generating system. In showing capability for continued
safe flight and landing, the applicant must account for systems
capability, effects on crew workload and operating conditions, and the
physiological needs of the flightcrew and passengers for the longest
diversion time for which the applicant is seeking approval.
    (1) In showing compliance with this requirement, the applicant must
account for common-cause failures, cascading failures, and zonal
physical threats.
    (2) The applicant may consider the ability to restore operation of
portions of the electrical power generation and distribution system if
it can be shown that unrecoverable loss of those portions of the system
is extremely improbable. The design must provide an alternative source
of electrical power for the time required to restore the minimum
electrical power generation capability required for safe flight and
landing. The applicant may exclude unrecoverable loss of all engines
when showing compliance with this requirement.
    (b) Regardless of any electrical generation and distribution system
recovery capability shown under paragraph (a) of these special
conditions, sufficient electrical system capability must be provided
to:
    (1) Allow time to descend, with all engines inoperative, at the
speed that provides the best glide distance, from the maximum operating
altitude to the top of the engine restart envelope, and
    (2) Subsequently allow multiple start attempts of the engines and
auxiliary power unit (APU). The design must provide this capability in
addition to the electrical capability required by existing part 25
requirements related to operation with all engines inoperative.
    (c) The airplane emergency electrical power system must be designed
to supply:
    (1) Electrical power required for immediate safety, which must
continue to operate without the need for crew action following the loss
of the normal electrical power, for a duration sufficient to allow
reconfiguration to provide a non-time-limited source of electrical
power.
    (2) Electrical power required for continued safe flight and landing
for the maximum diversion time.
    (d) If the applicant uses APU-generated electrical power to satisfy
the requirements of these special conditions, and if reaching a
suitable runway for landing is beyond the capacity of the battery
systems, then the APU must be able to be started under any foreseeable
flight condition prior to the depletion of the battery or the
restoration of normal electrical power, whichever occurs first. Flight
test must demonstrate this capability at the most critical condition.
    (1) The applicant must show that the APU will provide adequate
electrical power for continued safe flight and landing.
    (2) The operating limitations section of the airplane flight manual
(AFM) must incorporate non-normal procedures that direct the pilot to
take appropriate actions to activate the APU after loss of normal
engine-driven generated electrical power.
    (e) As part of showing compliance with these special conditions,
the tests to demonstrate loss of all normal electrical power must also
take into account the following:
    (1) The assumption that the failure condition occurs during night
instrument meteorological conditions (IMC) at the most critical phase
of the flight, relative to the worst possible electrical power
distribution and equipment-loads-demand condition.
    (2) After the un-restorable loss of normal engine generator power,
the airplane engine restart capability is provided and operations
continued in IMC.
    (3) The airplane is demonstrated to be capable of continued safe
flight and landing. The length of time must be computed based on the
maximum diversion time capability for which the airplane is being
certified. The applicant must account for airspeed reductions resulting
from the associated failure or failures.
    (4) The airplane must provide adequate indication of loss of normal
electrical power to direct the pilot to the non-normal procedures, and
the operating limitations section of the AFM must incorporate non-
normal procedures that will direct the pilot to take appropriate
actions.

    Issued in Kansas City, Missouri, on September 29, 2021.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2021-21540 Filed 10-1-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Proposed Rules]
[Pages 58116-58120]
[FR Doc No: 2023-17773]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0009; Project Identifier MCAI-2022-00789-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)
that would have applied to certain Airbus SAS Model A319-115 airplanes;
Model A320-214, -216, -232, -251N, and -271N airplanes; and Model A321-
211, -231, -251N, -251NX, -252NX, -253N, -253NX, -271N, -271NX, and -
272N airplanes. This action revises the NPRM by adding Model A321-213
airplanes, which were inadvertently left out of the applicability. The
FAA is proposing this airworthiness directive (AD) to address the
unsafe condition on these products. Since these actions would impose an
additional burden over those in the NPRM, the FAA is requesting
comments on this SNPRM.

DATES: The FAA must receive comments on this SNPRM by October 10, 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:<PHONE_NUMBER>.
     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-2023-0009; 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 European Union Aviation Safety Agency (EASA) material
that is proposed for incorporation by reference (IBR) in this SNPRM,
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. It is
also available at regulations.gov under Docket No. FAA-2023-0009.
     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<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Timothy P. Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone:<PHONE_NUMBER>; 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 ADDRESSES. Include ``Docket No. FAA-2023-0009; Project Identifier
MCAI-2022-00789-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 P. Dowling, Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; phone:<PHONE_NUMBER>;
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 2020-05-16, Amendment 39-19866 (85 FR 15938,
March 20, 2020) (AD 2020-05-16) for certain Airbus SAS Model A319-115
airplanes; Model A320-214, -216, -232, -251N, and -271N airplanes; and
Model A321-211, -231, -251N, -251NX, -253N, -271N, -271NX, and -272N
airplanes. AD 2020-05-16 requires a one-time detailed inspection of
certain attaching points on the left-hand and right-hand wings for the
correct installation of certain hardware, and, depending on findings,
accomplishment of applicable corrective actions. The FAA issued AD
2020-05-16 to address incomplete installations of the over wing panel
lug attachments in the production assembly line, which, if not detected
and corrected, could reduce the structural integrity of the wing.
    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD to
supersede AD 2020-05-16 that would apply to certain Airbus SAS Model
A319-115 airplanes; Model A320-214, -216, -232, -251N, and -271N
airplanes; and Model A321-211, -231, -251N, -251NX, -252NX, -253N, -
253NX, -271N, -271NX, and -272N airplanes. The NPRM published in the
Federal Register on January 13, 2023 (88 FR 2273). The NPRM was
prompted by MCAI originated by EASA, which is the Technical Agent for
the Member States of the European Union. EASA issued AD 2022-0111,
dated June 15, 2022 (EASA AD 2022-0111) (also referred to as the MCAI)
to correct an unsafe condition identified as incomplete installations
of the overwing panel lug attachments. The NPRM proposed to continue to
require the actions in AD 2020-05-16 and to revise the applicability by
adding airplanes.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, it was determined that although the
serial numbers of the affected airplanes appear in Appendix 1 of EASA
AD 2022-0111, Model A321-213 airplanes were inadvertently left out of
the applicability of EASA AD 2022-0111. EASA has since revised AD 2022-
0111. EASA AD 2022-0111R1, dated July 26, 2023 (EASA AD 2022-0111R1),
was issued because some reports highlighted the omission in the
Applicability of Model A321-213 airplanes, whereas the MSNs relevant to
this model were correctly listed in Appendix 1 of EASA AD 2022-0111
(among Group 1 aeroplanes). Consequently, EASA AD 2022-0111R1 includes
Model A321-213 airplanes in the Applicability. Paragraph (c) of this
proposed AD was therefore revised to include Model A321-213 airplanes
to match the applicability of EASA AD 2022-0111R1.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0009.

Comments

    The FAA received a comment from Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
    The FAA received additional comments from Delta Air Lines (DAL).
The following presents the comments received on the NPRM and the FAA's
response to each comment.

Request To Add Exception To Correct Reference to Required Procedure

    DAL requested that an exception be added to the proposed AD to
change the structural repair manual (SRM) reference specified in
paragraphs C.(2)(b)3.a and C.(4)(b)3.a of the Accomplishment
Instructions of Airbus Service Bulletin A320-57-1234, dated December
13, 2021, from SRM 51-11-13 to SRM 51-11-00. DAL stated that SRM task
51-11-13 details the process for damage reporting, while SRM task 51-
11-00 details the process for classifying damage, which is the required
task.
    The FAA does not agree with the requested change because SRM 51-11-
13 references SRM 51-11-00, which includes the damage assessment
procedure. This proposed AD has not been changed regarding this
request.

Request To Add Exception To Allow Compliance Based on Alternate
Inspection for Certain Airplanes

    DAL requested that an exception be added to allow compliance to be
taken for any Group 2 airplanes that have already been inspected using
Airbus Alert Operators Transmission (AOT) A57N012-19 Rev 01, dated
April 18, 2019. DAL stated that the inspection specified in Airbus AOT
A57N012-19 Rev 01, dated April 18, 2019, is identical to the inspection
specified in Airbus Service Bulletin (SB) A320-57-1234, dated December
13, 2021.
    The FAA does not agree with this request. If the inspection
procedure provided in Airbus AOT A57N012-19 Rev 01, dated April 18,
2019, is the same as the required procedures in the Airbus SB A320-57-
1234, dated December 13, 2021, then accomplishing its procedure would
be the same as accomplishing procedures of the SB, therefore it meets
the mandatory action requirements of the AD. This proposed AD has not
been changed regarding this request.

Request To Add Compliance Time Grace Period for Certain Airplanes

    DAL requested that the proposed AD include a compliance time grace
period of 6 months for the required actions specified in paragraph (2)
of EASA AD 2022-0111 because several airplanes will be immediately out
of compliance on the effective date of the AD. DAL noted that EASA AD
2022-0111 does not include any grace period for Group 2 airplanes and
that operators will require a grace period to update their
documentation and process to show compliance with the FAA AD.
    The FAA agrees with changing the requested grace period to prevent
grounding of airplanes that have exceeded the maximum flight hours or
flight cycles. Paragraph (h)(5) of the proposed AD (in the NPRM)
included a 30-day grace period. However, a 6-month grace period would
be necessary to prevent the grounding of the airplanes that have
already exceeded 14,000 flight hours or 7,000 flight cycles, whichever
occurs first. Paragraph (h)(5) of this proposed AD has been changed to
specify a 6-month grace period. (Paragraph (2) of EASA AD 2022-0111R1
does not include a grace period.)

Request To Add a Certain Model to the Applicability

    DAL requested that Airbus SAS Model A321-213 airplanes be added to
the applicability of the proposed AD because some of the serial numbers
listed in the appendix of the MCAI are Airbus SAS Model A321-213
airplanes, although that model does not appear in the Applicability
section of the MCAI.
    The FAA agrees to add Airbus SAS Model A321-213 airplanes to the
applicability of this proposed AD. As stated previously, EASA AD 2022-
0111R1 was issued to correct the Applicability to include Model A321-
213 airplanes. Therefore, Airbus SAS Model A321-213 airplanes have been
added to paragraph (c) of this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0111R1 specifies procedures for a one-time detailed
inspection of certain attaching points on the left-hand and right-hand
wings for the correct installation of certain hardware (bolt, nut,
washer, and cotter pin), and, depending on findings, accomplishment of
applicable corrective actions. Corrective actions include installing
missing hardware, properly orienting hardware, and performing a damage
assessment for cracks and deformed parts in the event of missing
hardware, and repair. For certain airplanes, EASA AD 2022-0111R1 also
specifies reporting the inspection results to Airbus. 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 SNPRM after determining that
the unsafe condition described previously is likely to exist or develop
in 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 AD Requirements in This SNPRM

    This proposed AD would retain all requirements of AD 2020-05-16.
This proposed AD would require accomplishing the actions specified in
EASA AD 2022-0111R1 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 2022-0111R1 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0111R1 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 2022-0111R1 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 2022-
0111R1. Service information required by EASA AD 2022-0111R1 for
compliance will be available at regulations.gov under Docket No. FAA-
2023-0009 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 131 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170          $22,700
----------------------------------------------------------------------------------------------------------------
* 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 proposed 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 up to $11,135, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 20 work-hours x $85 per     Up to $77,850.....  Up to $79,550.
 hour = $1,700.
------------------------------------------------------------------------

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

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) 2020-05-16, Amendment 39-19866
(85 FR 15938, March 20, 2020); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-0009; Project Identifier MCAI-2022-
00789-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by October 10, 2023.

(b) Affected ADs

    This AD replaces AD 2020-05-16, Amendment 39-19866 (85 FR 15938,
March 20, 2020) (AD 2020-05-16).

(c) Applicability

    This AD applies to the Airbus SAS 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 2022-0111R1, dated July 26, 2023 (EASA AD 2022-0111R1).
    (1) Model A319-115 airplanes.
    (2) Model A320-214, -216, -232, -251N, and -271N airplanes.
    (3) Model A321-211, -213, -231, -251N, -251NX, -252NX, -253N, -
253NX, -271N, -271NX, and -272N airplanes.

(d) Subject

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

 (e) Unsafe Condition

    This AD was prompted by reports of incomplete installations of
the over wing panel lug attachments in the production

assembly line and a determination that additional airplanes are
subject to the unsafe condition. The FAA is issuing this AD to
address these incomplete installations. The unsafe condition, if not
addressed, could result in reduced structural integrity of the wing.

(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 2022-0111R1.

(h) Exceptions to EASA AD 2022-0111R1

    (1) Where EASA AD 2022-0111R1 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0111R1 refers to October 2, 2019 (the
effective date of EASA AD 2019-0233, dated September 18, 2019), this
AD requires using April 24, 2022 (the effective date of AD 2020-05-
16).
    (3) Where paragraph (5) of EASA AD 2022-0111R1 specifies to ``or
contact Airbus for approved instructions, and within the compliance
time identified therein, accomplish those instructions accordingly''
this AD requires replacing those words with ``or contact Airbus for
approved instructions, and within the compliance time identified
therein, accomplish those instructions accordingly, except 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.''
    (4) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0111R1.
    (5) Where paragraph (2) of EASA AD specifies a compliance time
of ``before exceeding 14,000 flight hours or 7,000 flight cycles,
whichever occurs first since aeroplane first flight,'' this AD
requires replacing those words with ``before exceeding 14,000 flight
hours or 7,000 flight cycles, whichever occurs first since airplane
first flight; or within 6 months after the effective date of this
AD; whichever occurs later.''

(i) No Reporting Requirement for Certain Airplanes

    For Group 1 airplanes, as identified in EASA AD 2022-0111R1,
this AD does not require reporting.

(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: [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 2020-05-16 are approved as
AMOCs for the corresponding provisions of EASA AD 2022-0111R1 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 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 P. Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<PHONE_NUMBER>; email
[email protected].

(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 2022-0111R1,
dated July 26, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2022-0111R1, 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 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<PHONE_NUMBER>.
    (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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 11, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-17773 Filed 8-24-23; 8:45 am]
BILLING CODE 4910-13-P