Rule2022-25511
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
November 25, 2022
Effective
December 30, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2021-14- 08, which applied to all Airbus SAS Model A319-151N, A319-153N, A319- 171N, A320-251N, A320-252N, A320-273N, A321-251N, A321-251NX, A321- 252N, A321-252NX, A321-253N, A321-253NX, A321-271N, A321-271NX, A321- 272N, and A321-272NX airplanes. AD 2021-14-08 required revising the existing airplane flight manual (AFM) to include a procedure to reinforce the airspeed check during the take-off phase and provide instructions to abort take-off in certain cases. This AD was prompted by the development of a software update to the elevator aileron computer (ELAC) to address the unsafe condition. This AD continues to require the actions in AD 2021-14-08 and requires replacing each affected ELAC and removing the AFM revision required by AD 2021-14-08, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also prohibits the installation of affected parts. 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 226 (Friday, November 25, 2022)</title>
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[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72379-72381]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25511]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1060; Project Identifier MCAI-2022-00251-T;
Amendment 39-22226; AD 2022-22-11]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-14-
08, which applied to all Airbus SAS Model A319-151N, A319-153N, A319-
171N, A320-251N, A320-252N, A320-273N, A321-251N, A321-251NX, A321-
252N, A321-252NX, A321-253N, A321-253NX, A321-271N, A321-271NX, A321-
272N, and A321-272NX airplanes. AD 2021-14-08 required revising the
existing airplane flight manual (AFM) to include a procedure to
reinforce the airspeed check during the take-off phase and provide
instructions to abort take-off in certain cases. This AD was prompted
by the development of a software update to the elevator aileron
computer (ELAC) to address the unsafe condition. This AD continues to
require the actions in AD 2021-14-08 and requires replacing each
affected ELAC and removing the AFM revision required by AD 2021-14-08,
as specified in a European Union Aviation Safety Agency (EASA) AD,
which is incorporated by reference. This AD also prohibits the
installation of affected parts. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective December 30, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 30,
2022.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1060; 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 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#6524211625000416044b0010170a15044b0010"><span class="__cf_email__" data-cfemail="3d7c794e7d585c4e5c1358484f524d5c135848">[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
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-1060.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone 206-231-3225; email
<a href="/cdn-cgi/l/email-protection#26424748085449424f48476640474708414950"><span class="__cf_email__" data-cfemail="4b2f2a256539242f22252a0b2d2a2a652c243d">[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 2021-14-08, Amendment 39-21635 (86 FR
34933, July 1, 2021) (AD 2021-14-08). AD 2021-14-08 applied to all
Airbus SAS Model A319-151N, A319-153N, A319-171N, A320-251N, A320-252N,
A320-253N, A320-271N, A320-272N, A320-273N, A321-251N, A321-251NX,
A321-252N, A321-252NX, A321-253N, A321-253NX, A321-271N, A321-271NX,
A321-272N, and A321-272NX airplanes. AD 2021-14-08 required revising
the existing AFM to include a procedure to reinforce the airspeed check
during the take-off phase and provide instructions to abort take-off in
certain cases. The FAA issued AD 2021-14-08 to address airspeed
discrepancies, which could lead to an unstable flight path after take-
off, possibly resulting in reduced control of the airplane.
The NPRM published in the Federal Register on August 23, 2022 (87
FR 51617). The NPRM was prompted by AD 2022-0028, dated February 22,
2022, issued by EASA, which is the Technical Agent for the Member
States of the European Union (EASA AD 2022-0028) (referred to after
this as the MCAI). The MCAI states that an increasing number of
operational disruptions due to airspeed discrepancies were reported,
which may affect the airplane's response, particularly during the
rotation phase. The MCAI states that this condition, if not addressed,
could lead to an unstable flight path after take-off, 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-2022-1060.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2021-14-08 and to require replacing each affected ELAC and removing
the AFM revision required by AD 2021-14-08, as specified in EASA AD
2022-0028. The NPRM also proposed to prohibit the installation of
affected parts. The FAA is issuing this AD to address the unsafe
condition on these products.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from the Air Line Pilots Association,
International (ALPA) 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, considered the
comment received, 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 2022-0028 specifies procedures for, among other actions,
revising the AFM to include a procedure to reinforce the airspeed check
during the take-off phase and provide instructions to abort take-off in
certain
[[Page 72380]]
cases (e.g., an unreliable airspeed situation or certain airspeed
differences); replacing each affected ELAC with a serviceable ELAC (one
with the updated ELAC software standard); and removing the AFM revision
required by AD 2021-14-08. EASA AD 2022-0028 also prohibits
installation of affected ELACs. 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 204 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 2021-14-08... 1 work-hour x $85 per $0 $85 $17,340
hour = $85.
New actions........................... 3 work-hours x $85 per 150 405 82,620
hour = $355.
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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) 2021-14-08, Amendment 39-21635
(86 FR 34933, July 1, 2021); and
0
b. Adding the following new AD:
2022-22-11 Airbus SAS: Amendment 39-22226; Docket No. FAA-2022-1060;
Project Identifier MCAI-2022-00251-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 30,
2022.
(b) Affected ADs
This AD replaces AD 2021-14-08, Amendment 39-21635 (86 FR 34933,
July 1, 2021) (AD 2021-14-08).
(c) Applicability
This AD applies to all Airbus SAS Model airplanes identified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category.
(1) Model A319-151N, -153N, and -171N airplanes.
(2) Model A320-251N, -252N, -253N, -271N, -272N, and -273N
airplanes.
(3) Model A321-251N, -251NX, -252N, -252NX, -253N, -253NX, -
271N, -271NX, -272N, and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Control System; 34, Navigation.
(e) Unsafe Condition
This AD was prompted by reports of an increasing number of
operational disruptions due to airspeed discrepancies, and the
development of a software update to the elevator aileron computer
(ELAC) to address the unsafe condition. The FAA is issuing this AD
to address airspeed discrepancies, which could lead to an unstable
flight path after take-off, 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
2022-0028, dated February 22, 2022 (EASA AD 2022-0028).
(h) Exceptions to EASA AD 2022-0028
(1) Where EASA AD 2022-0028 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2022-0028 refers to June 28, 2021 (the
effective date of EASA AD 2021-0150, dated June 21, 2021; corrected
June 25, 2021), this AD requires using July 1, 2021 (the effective
date of AD 2021-14-08).
(3) Paragraph (3) of EASA AD 2022-0028 does not apply to this
AD.
(4) Where paragraphs (1) and (5) of EASA AD 2022-0028 specify to
``inform all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.
(5) The ``Remarks'' section of EASA AD 2022-0028 does not apply
to this AD.
(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#bb8296faede896faf2e9968c888b96faf6f4f8fbdddada95dcd4cd"><span class="__cf_email__" data-cfemail="e3dacea2b5b0cea2aab1ced4d0d3cea2aeaca0a3858282cd848c95">[email protected]</span></a>.
(i) Before using any approved AMOC, notify your appropriate
principal inspector,
[[Page 72381]]
or lacking a principal inspector, the manager of the responsible
Flight Standards Office.
(ii) AMOCs approved previously for AD 2022-14-08 are approved as
AMOCs for the corresponding provisions of EASA AD 2022-0028 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 (i)(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.
(j) Additional Information
For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#4e2a2f20603c212a27202f0e282f2f60292138"><span class="__cf_email__" data-cfemail="5531343b7b273a313c3b34153334347b323a23">[email protected]</span></a>.
(k) 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 2022-0028,
dated February 22, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0028, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#f3b2b780b396928092dd9686819c8392dd9686"><span class="__cf_email__" data-cfemail="c58481b685a0a4b6a4eba0b0b7aab5a4eba0b0">[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 material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<a href="/cdn-cgi/l/email-protection#89effba7e0e7faf9eceafde0e6e7c9e7e8fbe8a7eee6ff"><span class="__cf_email__" data-cfemail="8aecf8a4e3e4f9faefe9fee3e5e4cae4ebf8eba4ede5fc">[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 October 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-25511 Filed 11-23-22; 8:45 am]
BILLING CODE 4910-13-P
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