Rule2022-22320
Airworthiness Directives; Airbus SAS Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 13, 2022
Effective
October 28, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A321-251NX, -252NX, -253NX, -271NX, and -272NX airplanes. This AD was prompted by a report of an un-commanded escape slide release during flight due to a blockage of one of the system venting features. This AD requires modification of affected reservoirs, and limits the installation of affected reservoirs, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 197 (Thursday, October 13, 2022)</title>
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[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Rules and Regulations]
[Pages 61963-61966]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22320]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1249; Project Identifier MCAI-2022-01159-T;
Amendment 39-22203; AD 2022-21-04]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A321-251NX, -252NX, -253NX, -271NX, and -272NX
airplanes. This AD was prompted by a report of an un-commanded escape
slide release during flight due to a blockage of one of the system
venting features. This AD requires modification of affected reservoirs,
and limits the installation of affected reservoirs, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD becomes effective October 28, 2022.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 28,
2022.
The FAA must receive comments on this AD by November 28, 2022.
[[Page 61964]]
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 <a href="http://regulations.gov">regulations.gov</a>. 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1249; 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
street address for Docket Operations is listed above.
Material Incorporated by Reference
<bullet> For EASA material 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#08494c7b486d697b69266d7d7a677869266d7d"><span class="__cf_email__" data-cfemail="2c6d685f6c494d5f4d0249595e435c4d024959">[email protected]</span></a>; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
<bullet> For Safran service information identified in this final
rule, contact Safran Aerosystems Evacuation, 1747 State Route 34, Wall
Township, NJ 07727-3935; telephone 732-681-3527; website <a href="http://safran-group.com/companies/safran-aerosystems-evacuation">safran-group.com/companies/safran-aerosystems-evacuation</a>.
<bullet> 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. It is also available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-1249.
FOR FURTHER INFORMATION CONTACT: Manuel F. Hernandez, Aerospace
Engineer, Large Aircraft Section, FAA, International Validation Branch,
2200 South 216th St., Des Moines, WA 98198; telephone 562-627-5256;
email <a href="/cdn-cgi/l/email-protection#90ddf1fee5f5fcbed6bed8f5e2fef1fef4f5ead0f6f1f1bef7ffe6"><span class="__cf_email__" data-cfemail="cd80aca3b8a8a1e38be385a8bfa3aca3a9a8b78dabacace3aaa2bb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-1249; Project Identifier MCAI-
2022-01159-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Manuel
F Hernandez, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone 562-627-5256; email <a href="/cdn-cgi/l/email-protection#1d507c73687871335b3355786f737c737978675d7b7c7c337a726b"><span class="__cf_email__" data-cfemail="eea38f809b8b82c0a8c0a68b9c808f808a8b94ae888f8fc0898198">[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 2022-0176, dated August 24, 2022, to
correct an unsafe condition for all Airbus SAS Model A321-251NX, -
252NX, -253NX, -271NX, and -272NX airplanes. The MCAI states an
occurrence has been reported of an un-commanded door 3 escape slide
release during flight. An accumulation of gas, leaking from the
reservoir regulator valve, initiated the slide enclosure door panel
release and liberation of the slide in a non-inflated condition.
Further investigation also determined that the most probable root cause
of both panel and slide inflatable assembly release in flight is the
blockage of one of the system venting features. Results from the
preliminary investigation, however, show that the reservoir regulator
valve outlet port orifice was unable to function properly with the
protective cover installed, resulting in venting malfunction. This
condition, if not detected and corrected, could lead to deployment in
flight of a non-inflated slide, possibly resulting in reduced control
of the airplane.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1249.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0176 specifies procedures to modify affected
reservoirs by removing the orifice protective cover. EASA AD 2022-0176
also limits the installation of affected parts under certain
conditions.
Safran Service Bulletin A321 005-25-37, dated August 1, 2022; and
Safran Service Bulletin A321 005-25-38, dated August 1, 2022; specify
procedures for modifying the reservoir regulator valve outlet port
orifice and identifies affected serial numbers. These documents are
distinct since they apply to different part/serial numbers.
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
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2022-0176 described previously, except for any differences identified
as exceptions in the regulatory text of this 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
[[Page 61965]]
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, EASA AD 2022-0176 is incorporated by reference in this AD.
This AD requires compliance with EASA AD 2022-0176 in its entirety
through that incorporation, except for any differences identified as
exceptions in the regulatory text of this AD. Using common terms that
are the same as the heading of a particular section in EASA AD 2022-
0176 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 2022-0176. Service information required by EASA AD
2022-0176 for compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1249 after this AD is published.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because a malfunctioning reservoir regulator valve outlet port orifice
could result in a venting malfunction, and lead to deployment in flight
of a non-inflated slide, possibly resulting in reduced control of the
airplane. Accordingly, notice and opportunity for prior public comment
are impracticable and contrary to the public interest pursuant to 5
U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 127 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per
Labor cost Parts cost product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170........ $0 $170 Up to $21,590.
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According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
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, and
(2) Will not affect intrastate aviation in Alaska.
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 adding the following new airworthiness
directive:
2022-21-04 Airbus SAS Airplanes: Amendment 39-22203; Docket No. FAA-
2022-1249; Project Identifier MCAI-2022-01159-T.
[[Page 61966]]
(a) Effective Date
This airworthiness directive (AD) is effective October 28, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model A321-251NX, -252NX, -
253NX, -271NX, and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.
(e) Unsafe Condition
This AD was prompted by a report of an un-commanded door 3
escape slide release during flight due to a blockage of one of the
system venting features. The FAA is issuing this AD to address a
malfunctioning reservoir regulator valve outlet port orifice, which
could result in a venting malfunction and lead to deployment in
flight of a non-inflated slide, possibly resulting in reduced
control 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, European Union Aviation Safety Agency (EASA) AD
2022-0176, dated August 24, 2022 (EASA AD 2022-0176).
(h) Exceptions to EASA AD 2022-0176
(1) Where EASA AD 2022-0176 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2022-0176 defines an affected part, for this
AD, an affected part is defined as a reservoir having a part number
as specified in EASA AD 2022-0176 and a serial number identified in
Safran Service Bulletin A321 005-25-37, dated August 1, 2022, or
Safran Service Bulletin A321 005-25-38, dated August 1, 2022.
(i) 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 (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#172e3a5641443a565e453a2024273a565a58545771767639707861"><span class="__cf_email__" data-cfemail="d2ebff938481ff939b80ffe5e1e2ff939f9d9192b4b3b3fcb5bda4">[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 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 (i)(2) of this AD, if any service information referenced
in EASA AD 2022-0176 that 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.
(j) Additional Information
For more information about this AD, contact Manuel F. Hernandez,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 562-627-5256; email <a href="/cdn-cgi/l/email-protection#0b466a657e6e67254d25436e79656a656f6e714b6d6a6a256c647d"><span class="__cf_email__" data-cfemail="aee3cfc0dbcbc280e880e6cbdcc0cfc0cacbd4eec8cfcf80c9c1d8">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 2022-0176,
dated August 24, 2022.
(ii) Safran Service Bulletin A321 005-25-37, dated August 1,
2022.
(iii) Safran Service Bulletin A321 005-25-38, dated August 1,
2022.
(3) For EASA AD 2022-0176, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#b1f0f5c2f1d4d0c2d09fd4c4c3dec1d09fd4c4"><span class="__cf_email__" data-cfemail="18595c6b587d796b79367d6d6a776879367d6d">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) For Safran service information, contact Safran Aerosystems
Evacuation, 1747 State Route 34, Wall Township, NJ 07727-3935;
telephone 732-681-3527; website <a href="http://safran-group.com/companies/safran-aerosystems-evacuation">safran-group.com/companies/safran-aerosystems-evacuation</a>.
(5) 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.
(6) 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
<a href="/cdn-cgi/l/email-protection#2c4a5e0245425f5c494f584543426c424d5e4d024b435a"><span class="__cf_email__" data-cfemail="87e1f5a9eee9f4f7e2e4f3eee8e9c7e9e6f5e6a9e0e8f1">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on September 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-22320 Filed 10-11-22; 11:15 am]
BILLING CODE 4910-13-P
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