Rule2024-05492
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 18, 2024
Effective
April 22, 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 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 53 (Monday, March 18, 2024)</title>
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[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Rules and Regulations]
[Pages 19234-19236]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05492]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2138; Project Identifier MCAI-2023-00870-T;
Amendment 39-22686; AD 2024-04-07]
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
certain Airbus SAS Model A318, A319, A320, and A321 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 22, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 22,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-2138; 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#7233360132171301135c1707001d02135c1707"><span class="__cf_email__" data-cfemail="7130350231141002105f1404031e01105f1404">[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-2023-2138.
FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3367; email <a href="/cdn-cgi/l/email-protection#88dce1e5e7fce0f1a6d8a6cce7ffe4e1e6efc8eee9e9a6efe7fe"><span class="__cf_email__" data-cfemail="0f5b6662607b6776215f214b6078636661684f696e6e21686079">[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 Airbus SAS
Model A318, A319, A320, and A321 airplanes. The NPRM published in the
Federal Register on October 31, 2023 (88 FR 74376). The NPRM was
prompted by AD 2023-0138, dated July 13, 2023 (EASA AD 2023-0138) (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
airworthiness limitations are necessary.
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
2023-0138.
The FAA is issuing this AD to address safety-significant latent
failures (that are not annunciated), which, in combination with one or
more other specific failures or events, could result in a hazardous or
catastrophic failure condition.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-2138.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from The Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
The FAA also received comments from Delta Air Lines. The following
presents the comments received on the NPRM and the FAA's response to
each comment.
Request for Clarification of Paragraph (i) Referencing Service
Information
Delta requested clarification of the statement in paragraph (i) of
the proposed AD that references later-approved revisions within the
``Ref. Publications'' section of EASA AD 2023-0138. Delta requested
adding an exception in paragraph (h) of the proposed AD that replaces
the language in the EASA AD 2023-0138 section ``Ref. Publications''
from ``the above-mentioned document, or of an ALS revision'' to ``the
above-mentioned document, or of an ALS revision or variation.'' Delta
stated this change would help clarify whether an AMOC (alternative
method of compliance) is required to use future variations of Airbus
A318/A319/A320/A321 ALS Part 3 Certification Maintenance Requirements
(CMR), Revision 08 (Var 8.3 or later).
Delta also requested clarification of the statement within the
section ``Ref. Publications'' of EASA AD 2023-0138, referred to in
paragraph (i) of the proposed AD, that references later-approved
revisions ``which include the technical content of the variation.''
Delta wanted to know if a later-approved variation or revision is
acceptable to use if the technical content of the variation is updated
in some way, and not exactly the same. The commenter requested this
clarification to better understand the allowance provided by the
provisions of the ``Ref. Publications'' section of EASA AD 2023-0138.
The FAA disagrees with changing paragraph (h) of this AD. The later
version of Airbus A318/A319/A320/A321 ALS Part 3 Certification
Maintenance Requirements (CMR) would be acceptable for compliance as
[[Page 19235]]
long as EASA has also approved it. Any subsequent issue of that
document containing the technical information presented in that
variation that has been approved by the certifying authority can be
used without the need to obtain an AMOC. For confirmation regarding the
appropriateness of using service information associated with this AD,
Delta may contact their local FAA office for further guidance.
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
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
The FAA reviewed EASA AD 2023-0138, which specifies new or more
restrictive airworthiness limitations for airplane structures and safe
life limits. This service information 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 - $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:
2024-04-07 Airbus SAS: Amendment 39-22686; Docket No. FAA-2023-2138;
Project Identifier MCAI-2023-00870-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 22, 2024.
(b) Affected ADs
This AD affects AD 2023-04-06, Amendment 39-22353 (88 FR 13665,
March 6, 2023) (AD 2023-04-06).
(c) Applicability
This AD applies to Airbus SAS airplanes, identified 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, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX,
and -272NX.
(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 safety-significant latent failures (that
are not annunciated), which, in combination with one or more other
specific failures or events, could result in a hazardous or
catastrophic failure condition.
(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
2023-0138, dated July 13, 2023 (EASA AD 2023-0138).
(h) Exceptions to EASA AD 2023-0138
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0138.
(2) Paragraph (3) of EASA AD 2023-0138 specifies revising ``the
approved 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 2023-0138 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2023-0138, or within 90 days after the effective date of
this AD, whichever occurs later.
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(4) This AD does not adopt the provisions specified in
paragraphs (4) of EASA AD 2023-0138.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0138.
(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 2023-0138.
(j) Terminating Action for Certain Tasks Required by AD 2023-04-06
Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2023-04-06 for the tasks identified
in the service information referenced in EASA AD 2023-0138 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#2c15016d7a7f016d657e011b1f1c016d61636f6c4a4d4d024b435a"><span class="__cf_email__" data-cfemail="cdf4e08c9b9ee08c849fe0fafefde08c80828e8dabacace3aaa2bb">[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 206-231-3367; email
<a href="/cdn-cgi/l/email-protection#9bcff2f6f4eff3e2b5cbb5dff4ecf7f2f5fcdbfdfafab5fcf4ed"><span class="__cf_email__" data-cfemail="e6b28f8b89928e9fc8b6c8a289918a8f8881a6808787c8818990">[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 2023-0138,
dated July 13, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0138, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#befffacdfedbdfcddf90dbcbccd1cedf90dbcb"><span class="__cf_email__" data-cfemail="56171225163337253778332324392637783323">[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 service information 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#a0c6d28ec9ced3d0c5c3d4c9cfcee0cec1d2c18ec7cfd6"><span class="__cf_email__" data-cfemail="5234207c3b3c21223731263b3d3c123c3320337c353d24">[email protected]</span></a>.
Issued on February 16, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-05492 Filed 3-15-24; 8:45 am]
BILLING CODE 4910-13-P
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