Rule2023-28854
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 3, 2024
Effective
February 7, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A318, A319, A321, A330-200, A330-200 Freighter, A330- 300, A330-800, A330-900, A340-200, and A340-300 series airplanes; Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -252N, -253N, - 271N, -272N, and -273N airplanes; and Model A340-541 and A340-642 airplanes. This AD was prompted by a report that a production deficiency of some SafeLav gaseous oxygen container (SLGOC) batches was identified during production testing of newly manufactured oxygen containers. This AD requires replacing affected SLGOCs and prohibiting the installation of affected SLGOCs, 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 2 (Wednesday, January 3, 2024)</title>
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[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 242-244]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28854]
[[Page 242]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1994; Project Identifier MCAI-2023-00658-T;
Amendment 39-22636; AD 2023-25-09]
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 A318, A319, A321, A330-200, A330-200 Freighter, A330-
300, A330-800, A330-900, A340-200, and A340-300 series airplanes; Model
A320-211, -212, -214, -216, -231, -232, -233, -251N, -252N, -253N, -
271N, -272N, and -273N airplanes; and Model A340-541 and A340-642
airplanes. This AD was prompted by a report that a production
deficiency of some SafeLav gaseous oxygen container (SLGOC) batches was
identified during production testing of newly manufactured oxygen
containers. This AD requires replacing affected SLGOCs and prohibiting
the installation of affected SLGOCs, 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 7, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 7,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1994; 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; phone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#67262314270206140649021215081706490212"><span class="__cf_email__" data-cfemail="4001043300252133216e2535322f30216e2535">[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-2023-1994.
FOR FURTHER INFORMATION CONTACT: Tim Dowling, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 206-
231-3667; email: <a href="/cdn-cgi/l/email-protection#9eeaf7f3f1eaf6e7b0eeb0faf1e9f2f7f0f9def8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="2d59444042594554035d0349425a4144434a6d4b4c4c034a425b">[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:
<bullet> A318-111, -112, -121, and -122 airplanes;
<bullet> A319-111, -112, -113, -114, -115, -131, -132, -133, -151N,
-153N, and -171N airplanes;
<bullet> A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes;
<bullet> A321-111, -112, -131, -211, -212, -213, -231, -232, -251N,
-251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX
airplanes;
<bullet> A330-201, -202, -203, -223, -223F, -243, -243F, -301, -
302, -303, -321, -322, -323, -341, -342, -343, -841, and -941
airplanes; and
<bullet> A340-211, -212, -213, -311, -312, -313, -541, and -642
airplanes.
The NPRM published in the Federal Register on October 13, 2023 (88
FR 70913). The NPRM was prompted by AD 2023-0094, dated May 8, 2023,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2023-0094) (also referred to as the MCAI).
The MCAI states that a production deficiency of some SLGOC batches was
identified during production testing of newly manufactured oxygen
containers. Subsequent investigation identified missing heat treatment
of the actuation pin of the SLGOC, which could cause its jamming, with
consequent failure of oxygen flow activation. This condition, if not
corrected, could prevent supplemental oxygen supply in case of
decompression in the cabin/lavatory, possibly resulting in injury to
lavatory occupants.
In the NPRM, the FAA proposed to require replacing affected SLGOCs
and prohibiting the installation of affected SLGOCs, as specified in
EASA AD 2023-0094. The FAA is issuing this AD to address the unsafe
condition on these products.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1994.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from 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 2023-0094 specifies procedures for replacing affected
SLGOCs and prohibiting the installation of affected SLGOCs. 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 728 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 243]]
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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2 work-hours x $85 per hour = $170........................... $4,570 $4,740 $3,450,720
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.
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:
2023-25-09 Airbus SAS: Amendment 39-22636; Docket No. FAA-2023-1994;
Project Identifier MCAI-2023-00658-T.
(a) Effective Date
This airworthiness directive (AD) is effective February 7, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (6) of this AD, certificated in any
category.
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.
(5) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301,
-302, -303, -321, -322, -323, -341, -342, -343, -841, and -941
airplanes.
(6) Model A340-211, -212, -213, -311, -312, -313, -541, and -642
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by a report that a production deficiency of
some SafeLav gaseous oxygen container (SLGOC) batches was identified
during production testing of newly manufactured oxygen containers.
The FAA is issuing this AD to address missing heat treatment of the
actuation pin of the SLGOC, which could cause its jamming, with
consequent failure of oxygen flow activation. The unsafe condition,
if not addressed, could result in lack of supplemental oxygen supply
in case of decompression in the cabin/lavatory, possibly resulting
in injury to lavatory occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0094, dated May 8, 2023 (EASA AD 2023-0094).
(h) Exceptions to EASA AD 2023-0094
(1) Where EASA AD 2023-0094 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0094.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-0094
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (k) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#526b7f1304017f131b007f6561627f131f1d11123433337c353d24"><span class="__cf_email__" data-cfemail="b68f9bf7e0e59bf7ffe49b8185869bf7fbf9f5f6d0d7d798d1d9c0">[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
paragraphs (j)(2) and (i) of this AD, if any service information
referenced in EASA AD 2023-0094 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
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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 identified as RC require approval of an AMOC.
(k) Additional Information
For more information about this AD, contact Tim Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 206-231-3667; email:
<a href="/cdn-cgi/l/email-protection#3145585c5e4559481f411f555e465d585f56715750501f565e47"><span class="__cf_email__" data-cfemail="80f4e9edeff4e8f9aef0aee4eff7ece9eee7c0e6e1e1aee7eff6">[email protected]</span></a>.
(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 2023-0094,
dated May 8, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0094, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#ebaaaf98ab8e8a988ac58e9e99849b8ac58e9e"><span class="__cf_email__" data-cfemail="aaebeed9eacfcbd9cb84cfdfd8c5dacb84cfdf">[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 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/ibrlocations.html">www.archives.gov/federal-register/cfr/ibrlocations.html</a>, or email <a href="/cdn-cgi/l/email-protection#791f0b5710170a091c1a0d1016173917180b18571e160f"><span class="__cf_email__" data-cfemail="f79185d99e9984879294839e9899b799968596d9909881">[email protected]</span></a>.
Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-28854 Filed 1-2-24; 8:45 am]
BILLING CODE 4910-13-P
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