Rule2023-28799
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
January 2, 2024
Effective
February 6, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A310 airplanes. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, 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 89 Issue 1 (Tuesday, January 2, 2024)</title>
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[Federal Register Volume 89, Number 1 (Tuesday, January 2, 2024)]
[Rules and Regulations]
[Pages 23-25]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28799]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1822; Project Identifier MCAI-2023-00653-T;
Amendment 39-22624; AD 2023-24-07]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A310 airplanes. This AD was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. This AD requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, 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 is effective February 6, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 6,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1822; 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 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#d69792a596b3b7a5b7f8b3a3a4b9a6b7f8b3a3"><span class="__cf_email__" data-cfemail="a9e8eddae9ccc8dac887ccdcdbc6d9c887ccdc">[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-2023-1822.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer,
FAA, 2200 South 216th Street, Des Moines, WA 98198; telephone 206-231-
3225; email <a href="/cdn-cgi/l/email-protection#c9ada8a7e7bba6ada0a7a889afa8a8e7aea6bf"><span class="__cf_email__" data-cfemail="c3a7a2adedb1aca7aaada283a5a2a2eda4acb5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A310 series airplanes. The NPRM published in the Federal Register on
September 8, 2023 (88 FR 61990). The NPRM was prompted by AD 2023-0092,
dated May 5, 2023, issued by EASA, which is the Technical Agent for the
Member States of the European Union (EASA AD 2023-0092) (also referred
to as the MCAI). The MCAI states that new or more restrictive
airworthiness limitations have been developed.
In the NPRM, the FAA proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in EASA AD
2023-0092. The FAA is issuing this AD to address fatigue cracking,
damage, or corrosion in principal structural elements.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1822.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from FedEx who supported the NPRM without
change.
Conclusion
This product has been approved by the aviation authority of another
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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 2023-0092 describes new or more restrictive airworthiness
tasks for airplane structures. 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 ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 1 airplane of U.S. registry.
The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
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 adding the following new airworthiness
directive:
2023-24-07 Airbus SAS: Amendment 39-22624; Docket No. FAA-2023-1822;
Project Identifier MCAI-2023-00653-T.
(a) Effective Date
This airworthiness directive (AD) is effective February 6, 2024.
(b) Affected ADs
This AD affects AD 2019-20-06, Amendment 39-19759 (84 FR 55859,
October 18, 2019) (AD 2019-20-06).
(c) Applicability
This AD applies to all Airbus SAS Model A310-203, -204, -221, -
222, -304, -322, -324, and -325 airplanes, certificated in any
category.
(d) Subject
Air Transport Association (ATA) of America Code: 05, Time
Limits/Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, damage, or corrosion in
principal structural elements. The unsafe condition, if not
addressed, could result in reduced structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in 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
2023-0092, dated May 5, 2023 (EASA AD 2023-0092).
(h) Exceptions to EASA AD 2023-0092
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0092.
(2) Paragraph (3) of EASA AD 2023-0092 specifies revising ``the
AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, within 90 days after the effective date of this AD.
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2023-0092 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2023-0092, or within 90 days after the effective date of
this AD, whichever occurs later.
(4) This AD does not adopt the provisions specified in the
``Recording AD compliance'' section of EASA AD 2023-0092.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0092.
(i) Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2023-0092.
(j) Terminating Action for Certain Tasks Required by AD 2019-20-06
Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2019-20-06 for the tasks identified
in the service information referenced in EASA AD 2023-0092 only.
(k) 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
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approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the International Validation Branch, mail it to the address
identified in paragraph (l) of this AD or email to: <a href="/cdn-cgi/l/email-protection#ebd2c6aabdb8c6aaa2b9c6dcd8dbc6aaa6a4a8ab8d8a8ac58c849d"><span class="__cf_email__" data-cfemail="6d54402c3b3e402c243f405a5e5d402c20222e2d0b0c0c430a021b">[email protected]</span></a>. If mailing information, also submit information by
email. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district 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.
(l) Additional Information
For more information about this AD, contact Dan Rodina, Aviation
Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198;
telephone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#d9bdb8b7f7abb6bdb0b7b899bfb8b8f7beb6af"><span class="__cf_email__" data-cfemail="adc9ccc383dfc2c9c4c3ccedcbcccc83cac2db">[email protected]</span></a>.
(m) 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 2023-0092,
dated May 5, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0092, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#d49590a794b1b5a7b5fab1a1a6bba4b5fab1a1"><span class="__cf_email__" data-cfemail="fcbdb88fbc999d8f9dd299898e938c9dd29989">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th
Street, Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#3b5d49155255484b5e584f5254557b555a495a155c544d"><span class="__cf_email__" data-cfemail="fb9d89d59295888b9e988f929495bb959a899ad59c948d">[email protected]</span></a>.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-28799 Filed 12-29-23; 8:45 am]
BILLING CODE 4910-13-P
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