Rule2024-09339
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
May 1, 2024
Effective
June 5, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2021-24- 20, which applied to all Airbus SAS Model A350-941 and -1041 airplanes, and AD 2023-03-05, which applied to certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2021-24-20 required repetitive water drainage and plug cleaning of the left- and right-hand slat geared rotary actuators (SGRAs) having a certain part number installed on slat 5 track 12 with certain functional item numbers. AD 2023-03-05 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD continues to require certain actions in AD 2021-24-20 and AD 2023-03-05 and 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 85 (Wednesday, May 1, 2024)</title>
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[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 34982-34985]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09339]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2240; Project Identifier MCAI-2023-00936-T;
Amendment 39-22717; AD 2024-06-12]
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 superseding Airworthiness Directive (AD) 2021-24-
20, which applied to all Airbus SAS Model A350-941 and -1041 airplanes,
and AD 2023-03-05, which applied to certain Airbus SAS Model A350-941
and -1041 airplanes. AD 2021-24-20 required repetitive water drainage
and plug cleaning of the left- and right-hand slat geared rotary
actuators (SGRAs) having a certain part number installed on slat 5
track 12 with certain functional item numbers. AD 2023-03-05 required
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. This
AD was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. This AD continues to require
certain actions in AD 2021-24-20 and AD 2023-03-05 and 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
[[Page 34983]]
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective June 5, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 5,
2024.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of March
23, 2023 (88 FR 10011, February 16, 2023).
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
January 27, 2022 (86 FR 72838, December 23, 2021).
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-2240; 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#5a1b1e291a3f3b293b743f2f28352a3b743f2f"><span class="__cf_email__" data-cfemail="b8f9fccbf8ddd9cbd996ddcdcad7c8d996ddcd">[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-2023-2240.
FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; email <a href="/cdn-cgi/l/email-protection#dbe2f6baada8f6b5a2bab8b4f6b8b4a89bbdbabaf5bcb4ad"><span class="__cf_email__" data-cfemail="b98094d8cfca94d7c0d8dad694dad6caf9dfd8d897ded6cf">[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 2021-24-20, Amendment 39-21841 (86 FR
72838, December 23, 2021) (AD 2021-24-20) and AD 2023-03-05, Amendment
39-22330 (88 FR 10011, February 16, 2023) (AD 2023-03-05). AD 2021-24-
20 applied to all Airbus SAS Model A350-941 and -1041 airplanes. AD
2021-24-20 required repetitive water drainage and plug cleaning of the
left- and right-hand SGRAs having a certain part number installed on
slat 5 track 12 with certain functional item numbers. The FAA issued AD
2021-24-20 to address SGRA jams, which could result in reduced control
of the airplane.
AD 2023-03-05 applied to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2023-03-05 required revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations. The FAA
issued AD 2023-03-05 to address an unsafe condition.
The NPRM published in the Federal Register on December 15, 2023 (88
FR 86840). The NPRM was prompted by AD 2023-0157, dated July 31, 2023,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2023-0157) (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 continue to require certain
actions in AD 2021-24-20 and AD 2023-03-05 and 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 2023-0157. 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-2023-2240.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International, who supported the NPRM without change.
The FAA received additional comments from Delta Air Lines (DAL).
The following presents the comments received on the NPRM and the FAA's
response.
Request for Clarification of Applicability to Newly Delivered Airplanes
DAL requested whether airplanes with an original airworthiness
certificate or original export certificate of airworthiness issued
after June 1, 2023, must continue to comply with AD 2019-20-01,
Amendment 39-19754 (84 FR 55495, October 17, 2019) (AD 2019-20-01), and
AD 2021-24-20, Amendment 39-21841 (86 FR 72838, December 23, 2021) (AD
2021-24-20), since the new AD does not apply to those airplanes.
The FAA agrees to clarify. For airworthiness limitation ADs,
applicability is limited to airplanes that are certificated without the
new airworthiness limitation document and thus do not apply to
airplanes in production. Hence the AD identifies airplanes that were
certificated on or before the publication date of the new airworthiness
limitation document (for most manufacturers). In this case, the new
airworthiness limitation document was published on June 1, 2023. In the
preamble of the NPRM, the FAA explained ``Airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued after June 1, 2023, must comply with the
airworthiness limitations specified as part of the approved type design
and referenced on the type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability.''
Thus, those airplanes are no longer required to comply with AD 2019-20-
01 or AD 2021-24-20 after the effective date of this AD because those
operators are complying with the new airworthiness limitation document
as part of the approved type design, which addresses the unsafe
condition identified in AD 2019-20-01 and AD 2021-24-20. The FAA has
not changed this AD in this regard.
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 requires EASA AD 2023-0157. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
This AD also requires EASA AD 2022-0127, dated June 28, 2022, which
[[Page 34984]]
the Director of the Federal Register approved for incorporation by
reference as of March 23, 2023 (88 FR 10011, February 16, 2023).
This AD also requires EASA AD 2021-0130R1, dated June 10, 2021,
which the Director of the Federal Register approved for incorporation
by reference as of January 27, 2022 (86 FR 72838, December 23, 2021).
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 30 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Retained Actions From AD 2021-24-20
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 2021-24-20. 4 work-hours x $85 per $0 $340 $10,200
hour = $340.
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The FAA estimates the total cost per operator for the retained
actions from AD 2023-03-05 to be $7,650 (90 work-hours x $85 per work-
hour).
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.
The FAA estimates the total cost per operator for the new actions
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:
0
a. Removing Airworthiness Directive (AD) 2021-24-20, Amendment 39-21841
(86 FR 72838, December 23, 2021); and AD 2023-03-05, Amendment 39-22330
(88 FR 10011, February 16, 2023); and
0
b. Adding the following new AD:
2024-06-12 Airbus SAS: Amendment 39-22717; Docket No. FAA-2023-2240;
Project Identifier MCAI-2023-00936-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 5, 2024.
(b) Affected ADs
(1) This AD replaces AD 2021-24-20, Amendment 39-21841 (86 FR
72838, December 23, 2021) (AD 2021-24-20); and AD 2023-03-05,
Amendment 39-22330 (88 FR 10011, February 16, 2023) (AD 2023-03-05).
(2) This AD affects AD 2019-20-01, Amendment 39-19754 (84 FR
55495, October 17, 2019) (AD 2019-20-01).
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before June 1, 2023.
(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 hazardous or catastrophic airplane system
failures.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Requirements of AD 2021-24-20, With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2021-24-20, with no changes. 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 2021-0130R1, dated June 10, 2021 (EASA AD 2021-
0130R1). Accomplishing the revision of the existing maintenance or
inspection program required by paragraph (m) of this AD terminates
the requirements of this paragraph.
(h) Retained Exceptions to EASA AD 2021-0130R1, With No Changes
This paragraph restates the exceptions specified in paragraph
(h) of AD 2021-24-20, with no changes.
(1) Where EASA AD 2021-0130R1 refers to ``the effective date of
the original issue of this [EASA] AD,'' this AD requires using
January 27, 2022 (the effective date of AD 2021-24-20).
[[Page 34985]]
(2) The ``Remarks'' section of EASA AD 2021-0130R1 does not
apply to this AD.
(i) Retained No Reporting for EASA AD 2021-0130R1, With No Changes
This paragraph restates the no reporting requirement of
paragraph (i) of AD 2021-24-20, with no changes. Although the
service information referenced in EASA AD 2021-0130R1 specifies to
submit certain information to the manufacturer, this AD does not
include that requirement.
(j) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes
This paragraph restates the requirements of paragraph (j) of AD
2023-03-05, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before May 2, 2022: Except as specified
in paragraph (k) of this AD, comply with all required actions and
compliance times specified in, and in accordance with, EASA AD 2022-
0127, dated June 28, 2022 (EASA AD 2022-0127). Accomplishing the
revision of the existing maintenance or inspection program required
by paragraph (m) of this AD terminates the requirements of this
paragraph.
(k) Retained Exceptions to EASA AD 2022-0127, With No Changes
This paragraph restates the exceptions specified in paragraph
(k) of AD 2023-03-05, with no changes.
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0127 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022-0127 specifies to revise ``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 March 23, 2023 (the effective date
of AD 2023-03-05).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0127 is at the applicable
``limitations'' as incorporated by the requirements of paragraph (3)
of EASA AD 2022-0127, or within 90 days after March 23, 2023 (the
effective date of AD 2023-03-05), whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0127 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2022-0127 does not apply
to this AD.
(l) Retained Restrictions on Alternative Actions and Intervals With a
New Exception
This paragraph restates the requirements of paragraph (l) of AD
2022-0127, with a new exception. Except as required by paragraph (m)
of this AD, after the existing maintenance or inspection program has
been revised as required by paragraph (j) 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 2022-0127.
(m) New Revision of the Existing Maintenance or Inspection Program
Except as specified in paragraph (n) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0157, dated July 31, 2023 (EASA AD
2023-0157). Accomplishing the revision of the existing maintenance
or inspection program required by this paragraph terminates the
requirements of paragraphs (g) and (j) of this AD.
(n) Exceptions to EASA AD 2023-0157
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0157.
(2) Paragraph (3) of EASA AD 2023-0157 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 2023-0157 is at the applicable ``limitations''
and ``associated thresholds'' as incorporated by the requirements of
paragraph (3) of EASA AD 2023-0157, or within 90 days after the
effective date of this AD, whichever occurs later.
(4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2023-0157.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0157.
(o) New Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (m) 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 2023-0157.
(p) Terminating Action for Certain Tasks Required by AD 2019-20-01
After the maintenance or inspection program has been revised as
required by paragraph (j) or (m) of this AD, the repetitive greasing
specified in EASA AD 2018-0234R1, dated November 13, 2018, and EASA
AD 2018-0234R2, dated September 17, 2019, as required by AD 2019-20-
01, is terminated for thrust reverser actuators, having part number
(P/N) 351D9908-689, P/N 351D9908-691 or P/N 351D9908-693.
(q) 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 (r) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#f0c9ddb1a6a3ddb1b9a2ddc7c3c0ddb1bdbfb3b0969191de979f86"><span class="__cf_email__" data-cfemail="320b1f7364611f737b601f0501021f737f7d71725453531c555d44">[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.
(r) Additional Information
For more information about this AD, contact Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#cef7e3afb8bde3a0b7afada1e3ada1bd8ea8afafe0a9a1b8"><span class="__cf_email__" data-cfemail="447d69253237692a3d25272b69272b37042225256a232b32">[email protected]</span></a>.
(s) 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.
(3) The following service information was approved for IBR on
June 5, 2024.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0157,
dated July 31, 2023.
(ii) [Reserved]
(4) The following service information was approved for IBR on
March 23, 2023 (88 FR 10011, February 16, 2023).
(i) EASA AD 2022-0127, dated June 28, 2022.
(ii) [Reserved]
(5) The following service information was approved for IBR on
January 27, 2022 (86 FR 72838, December 23, 2021).
(i) EASA AD 2021-0130R1, dated June 10, 2021.
(ii) [Reserved]
(6) For EASA ADs 2021-0130R1, 2022-0127, and 2023-0157, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 8999 000; email <a href="/cdn-cgi/l/email-protection#78393c0b381d190b19561d0d0a170819561d0d"><span class="__cf_email__" data-cfemail="d39297a093b6b2a0b2fdb6a6a1bca3b2fdb6a6">[email protected]</span></a>; website easa.europa.eu. You
may find these EASA ADs on the EASA website at ad.easa.europa.eu.
(7) 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.
(8) 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#4b2d39652225383b2e283f2224250b252a392a652c243d"><span class="__cf_email__" data-cfemail="2c4a5e0245425f5c494f584543426c424d5e4d024b435a">[email protected]</span></a>.
Issued on March 22, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-09339 Filed 4-30-24; 8:45 am]
BILLING CODE 4910-13-P
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