Rule2024-05491
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
March 15, 2024
Effective
April 19, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A318, A319, A320, and A321 series 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
<html>
<head>
<title>Federal Register, Volume 89 Issue 52 (Friday, March 15, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Rules and Regulations]
[Pages 18769-18771]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05491]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1995; Project Identifier MCAI-2023-00905-T;
Amendment 39-22682; AD 2024-04-03]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A318, A319, A320, and A321 series 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 April 19, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 19,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1995; 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#f2b3b681b297938193dc9787809d8293dc9787"><span class="__cf_email__" data-cfemail="fdbcb98ebd989c8e9cd398888f928d9cd39888">[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 that is incorporated by
reference 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-2023-1995.
FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 817-222-5102; email <a href="/cdn-cgi/l/email-protection#25514c484a514d5c0b550b414a52494c4b42654344440b424a53"><span class="__cf_email__" data-cfemail="a6d2cfcbc9d2cedf88d688c2c9d1cacfc8c1e6c0c7c788c1c9d0">[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 certain Model A318-111,
-112, -121, and -122; A319-111, -112, -113, -114, -115, -131, -132, -
133, -151N, -153N, and -171N; A320-211, -212, -214, -216, -231, -232, -
233, -251N, -252N, -253N, -271N, -272N, and -273N; and A321-111, -112,
-131, -211, -212, -213, -231, -232, -251N, -251NX, -252N, -252NX, -
253N, -253NX, -271N, -271NX, -272N, and -272NX airplanes. The NPRM
published in the Federal Register on October 17, 2023 (88 FR 71506).
The NPRM was prompted by AD 2023-0151, dated July 25, 2023 (EASA AD
2023-0151) (also referred to as the MCAI), issued by EASA, which is the
Technical Agent for the Member States of the European Union. The MCAI
states that new or more restrictive airworthiness limitations have been
developed.
In the NPRM, the FAA proposed to require a task (limitation)
related to the center wing box front spar stiffeners already in Airbus
A318/A319/A320/A321 ALS Part 2 DT-ALI Revision 09 or A318/A319/A320/
A321 ALS Part 2 DT-ALI Revision 09 Variation 9.2 that are required by
EASA AD 2022-0085 and EASA AD 2023-0008 respectively (which correspond
to FAA AD 2023-13-10, Amendment 39-22495 (88 FR 50005, August 1, 2023)
(AD 2023-13-10)), and that incorporation of EASA AD 2023-0151
invalidates (terminates) prior instructions for that task. This AD
therefore terminates the limitations for tasks identified in the
service information referenced in EASA AD 2023-0151 only, as required
by paragraph (o) of AD 2023-13-10.
The FAA is issuing this AD to address fatigue cracking, accidental
damage, or corrosion in principal structural elements, which could
result in reduced structural integrity 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-2023-
1995.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from United Airlines (UAL). The
following presents the comment received on the NPRM and the FAA's
response.
Request To Allow Extensions to Certain Compliance Times
UAL requested that the AD allow extensions provided in an Airbus
approved Airbus Statement of Airworthiness Compliance (ASAC), when it
supports extensions to compliance time of specified ALS part 2 tasks,
as an alternative method of compliance (AMOC). UAL noted that Airbus
does not have the authority for Design Organization Approval signatures
on ASACs, and that Airbus analysis and technical substantiations
justifying the extensions provided in an ASAC provide an acceptable
level of safety to ensure that the structural integrity of the aircraft
is maintained.
[[Page 18770]]
The FAA does not agree since the FAA needs to review each
individual extension request, which can then be supported through the
AMOC process, provided sufficient justification is available.
Sufficient justification, supported by an acceptable level of safety,
is needed to grant such a request. In such situations, the operator
should work with the FAA as early as possible. This AD has not been
changed with regard to this request.
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
The FAA reviewed EASA AD 2023-0151, which specifies new or more
restrictive airworthiness limitations for airplane structures and safe
life limits. 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 1,680 airplanes 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 agency recognizes that this number may vary from operator
to operator. 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 agency estimates the average 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:
2024-04-03 Airbus SAS: Amendment 39-22682; Docket No. FAA-2023-1995;
Project Identifier MCAI-2023-00905-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 19, 2024.
(b) Affected ADs
This AD affects AD 2023-13-10, Amendment 39-22495 (88 FR 50005,
August 1, 2023) (AD 2023-13-10).
(c) Applicability
This AD applies to Airbus SAS airplanes specified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before May 12, 2023.
(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.
(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, accidental damage, or
corrosion in principal structural elements, which 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
2023-0151, dated July 25, 2023 (EASA AD 2023-0151).
(h) Exceptions to EASA AD 2023-0151
(1) This AD does not adopt the requirements specified in
paragraph (1) and (2) of EASA AD 2023-0151.
(2) Where paragraph (3) of EASA AD 2023-0151 specifies ``Within
12 months after the effective date of this AD, revise the approved
AMP,'' this AD requires replacing that text with ``Within 90 days
after the effective date of this AD, revise the existing maintenance
or inspection program, as applicable.''
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0151 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2023-0151, or within 90 days after the effective date of
this AD, whichever occurs later.
[[Page 18771]]
(4) This AD does not adopt the provisions specified in paragraph
(4) of EASA AD 2023-0151.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0151.
(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 2023-0151.
(j) Terminating Action for Certain Tasks Required by AD 2023-13-10
Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2023-13-10 for the tasks identified
in the service information referenced in EASA AD 2023-0151 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 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 (l) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#b98094f8efea94f8f0eb948e8a8994f8f4f6faf9dfd8d897ded6cf"><span class="__cf_email__" data-cfemail="4f76620e191c620e061d62787c7f620e02000c0f292e2e61282039">[email protected]</span></a>. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding 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 Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 817-222-5102; email
<a href="/cdn-cgi/l/email-protection#384c5155574c50411648165c574f5451565f785e5959165f574e"><span class="__cf_email__" data-cfemail="0b7f6266647f6372257b256f647c6762656c4b6d6a6a256c647d">[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 2023-0151,
dated July 25, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0151, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#aaebeed9eacfcbd9cb84cfdfd8c5dacb84cfdf"><span class="__cf_email__" data-cfemail="82c3c6f1c2e7e3f1e3ace7f7f0edf2e3ace7f7">[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 that is incorporated by reference
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/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#1c7a6e3275726f6c797f687573725c727d6e7d327b736a"><span class="__cf_email__" data-cfemail="b2d4c09cdbdcc1c2d7d1c6dbdddcf2dcd3c0d39cd5ddc4">[email protected]</span></a>.
Issued on March 11, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-05491 Filed 3-14-24; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 15, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.