Rule2022-27018
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
December 14, 2022
Effective
January 18, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2020-12- 11, which applied to all Airbus SAS Model A319-111, -112, -113, -114, - 115, -151N, and -153N airplanes; Model A320-251N, -252N, -253N, -271N, -272N, and -273N airplanes; and Model A321-251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX airplanes. AD 2020-12- 11 required revising the existing airplane flight manual (AFM) to limit the use of speed brakes in certain airplane configurations, as specified in a European Union Aviation Safety Agency (EASA) AD. This AD was prompted by a non-stabilized approach followed by an automatic go- around that led to an airplane pitch-up attitude and resulted in an auto-pilot disconnection. This AD continues to require the actions in AD 2020-12-11 and also requires, for certain airplanes, installing updated FG 3G standard software for the FMGC, and prohibits the installation of affected FG standards, as specified in an 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 239 (Wednesday, December 14, 2022)</title>
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[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Rules and Regulations]
[Pages 76416-76418]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27018]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1165; Project Identifier MCAI-2022-00700-T;
Amendment 39-22254; AD 2022-24-14]
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) 2020-12-
11, which applied to all Airbus SAS Model A319-111, -112, -113, -114, -
115, -151N, and -153N airplanes; Model A320-251N, -252N, -253N, -271N,
-272N, and -273N airplanes; and Model A321-251N, -251NX, -252N, -252NX,
-253N, -253NX, -271N, -271NX, -272N, and -272NX airplanes. AD 2020-12-
11 required revising the existing airplane flight manual (AFM) to limit
the use of speed brakes in certain airplane configurations, as
specified in a European Union Aviation Safety Agency (EASA) AD. This AD
was prompted by a non-stabilized approach followed by an automatic go-
around that led to an airplane pitch-up attitude and resulted in an
auto-pilot disconnection. This AD continues to require the actions in
AD 2020-12-11 and also requires, for certain airplanes, installing
updated FG 3G standard software for the FMGC, and prohibits the
installation of affected FG standards, as specified in an EASA AD,
which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective January 18, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 18,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1165; 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#4203063102272331236c2737302d32236c2737"><span class="__cf_email__" data-cfemail="2061645360454153410e4555524f50410e4555">[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-2022-1165.
FOR FURTHER INFORMATION CONTACT: Hye Yoon Jang, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 817-222-5584; email
<a href="/cdn-cgi/l/email-protection#2860514d0671474746066249464f684e4949064f475e"><span class="__cf_email__" data-cfemail="4f07362a611620202161052e21280f292e2e61282039">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-12-11, Amendment 39-19920 (85 FR
41177, July 9, 2020) (AD 2020-12-11). AD 2020-12-11 applied to all
Airbus SAS Model A319-111, -112, -113, -114, -115, -151N, and -153N
airplanes; Model A320-251N, -252N, -253N, -271N, -272N, and -273N
airplanes; and Model A321-251N, -251NX, -252N, -252NX, -253N, -253NX, -
271N, -271NX, -272N, and -272NX airplanes. AD 2020-12-11 required
revising the existing airplane flight manual (AFM) and applicable
corresponding operational procedures to limit the use of speed brakes
in certain airplane configurations. The FAA issued AD 2020-12-11 to
address certain airplane configurations, which could result in auto-
pilot disconnection and high angle of attack, and consequent increased
workload for the flightcrew during a critical phase of flight, and
possible loss of control of the airplane.
The NPRM published in the Federal Register on September 19, 2022
(87 FR 57150). The NPRM was prompted by AD 2022-0096, dated May 31,
2022, issued by EASA (EASA AD 2022-0096) (referred to after this as the
MCAI). The MCAI states that a non-stabilized approach followed by an
automatic go-around led to an airplane pitch-up attitude and resulted
in an auto-pilot disconnection. The development of updated FG 3G
standard software for the flight management and guidance computer
(FMGC) will address certain airplane configurations that could result
in autopilot disconnection and high angle of attack, and consequent
increased workload for the flightcrew during a critical phase of
flight, and possible loss of 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-2022-1165.
In the NPRM, the FAA proposed to continue to require revising the
existing airplane flight manual (AFM) and applicable corresponding
operational procedures to limit the use of speed brakes in certain
airplane configurations. The NPRM also proposed to require installing
updated FG 3G standard software for certain airplanes, and to prohibit
the installation of affected FG standards, as specified in EASA AD
2022-0096. The FAA is issuing this AD to address certain airplane
configurations that could result in auto-pilot disconnection and high
angle of attack, and consequent increased workload for the flightcrew
during a critical phase of flight, and possible loss of control of the
airplane.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Air Line Pilots Association,
International, 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
[[Page 76417]]
in the MCAI referenced above. The FAA reviewed the relevant data,
considered the comments 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 2022-0096 specifies procedures for revising the existing
AFM to limit the use of speed brakes in certain landing conditions, and
updating the FG 3G standard software for the FMGC for certain
airplanes. EASA AD 2022-0096 also prohibits the installation of
affected FG standards. 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.
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.
Costs of Compliance
The FAA estimates that this AD affects 693 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 on U.S.
Action Labor cost Parts cost Cost per product operators
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Retained actions from AD 1 work-hour x $85 $0................ $85............... $58,905
2020[dash]12[dash]11. per hour = $85.
Software update................. Up to 5 Up to $570........ Up to $995........ Up to $689,535
work[dash]hours x
$85 per hour =
$425.
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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 2020-12-11, Amendment 39-19920 (85
FR 41177, July 9, 2020); and
0
b. Adding the following new airworthiness directive:
2022-24-14 Airbus SAS: Amendment 39-22254; Docket No. FAA-2022-1165;
Project Identifier MCAI-2022-00700-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 18, 2023.
(b) Affected ADs
This AD replaces AD 2020-12-11, Amendment 39-19920 (85 FR 41177,
July 9, 2020) (AD 2020-12-11).
(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 A319-111, -112, -113, -114, -115, -151N, and -153N
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 22, Auto Flight.
(e) Unsafe Condition
This AD was prompted by a report of a non-stabilized approach
followed by an automatic go-around, which led to an airplane pitch-
up attitude and resulted in an auto-pilot disconnection. This AD was
further prompted by the need for updated flight guidance (FG) 3G
standard software for the flight management and guidance computer
(FMGC) on certain airplanes. The FAA is issuing this AD to address
certain airplane configurations that could result in auto-pilot
disconnection and high angle of attack, and consequent increased
workload for the flightcrew during a critical phase of flight, and
possible loss of 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
2022-0096, dated May 31, 2022 (EASA AD 2022-0096).
(h) Exceptions to EASA AD 2022-0096
(1) Where EASA AD 2022-0096 refers to ``the effective date of
EASA AD 2020-0118,'' this AD requires using July 24, 2020 (the
effective date of AD 2020-12-11).
[[Page 76418]]
(2) Where EASA AD 2022-0096 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraph (1) of EASA AD 2022-0096 specifies 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
(see 14 CFR 91.9, 14 CFR 91.505, and 14 CFR 121.137).
(4) The ``Remarks'' section of EASA AD 2022-0096 does not apply
to this AD.
(i) Additional FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, 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 Large Aircraft Section, 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#c3faee829590ee828a91eef4f0f3ee828e8c8083a5a2a2eda4acb5"><span class="__cf_email__" data-cfemail="e1d8cca0b7b2cca0a8b3ccd6d2d1cca0acaea2a1878080cf868e97">[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, Large Aircraft
Section, 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 Hye Yoon Jang,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 817-222-5584; email <a href="/cdn-cgi/l/email-protection#266e5f43087f494948086c4748416640474708414950"><span class="__cf_email__" data-cfemail="5e16273b700731313070143f30391e383f3f70393128">[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 2022-0096,
dated May 31, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0096, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#7d3c390e3d181c0e1c5318080f120d1c531808"><span class="__cf_email__" data-cfemail="f6b7b285b693978597d8938384998697d89383">[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#a1c7d38fc8cfd2d1c4c2d5c8cecfe1cfc0d3c08fc6ced7"><span class="__cf_email__" data-cfemail="f29480dc9b9c81829791869b9d9cb29c938093dc959d84">[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 November 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-27018 Filed 12-13-22; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on December 14, 2022.
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