Proposed Rule2024-18483
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
August 21, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A321-251NX, -252NX, -253NX, -271NX, and -272NX airplanes. This proposed AD was prompted by the discovery during a quality review performed during manufacturing, that a torque strip indicator (material "Dykem") had been applied on the orifice fitting on certain slides' inflation reservoirs' venting holes. This proposed AD would require an inspection for discrepancies of affected parts (certain reservoirs having certain orifices) and replacement of discrepant affected parts, and would prohibit installing affected parts, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 162 (Wednesday, August 21, 2024)</title>
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[Federal Register Volume 89, Number 162 (Wednesday, August 21, 2024)]
[Proposed Rules]
[Pages 67575-67577]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18483]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2025; Project Identifier MCAI-2024-00120-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A321-251NX, -252NX, -253NX, -271NX, and -272NX
airplanes. This proposed AD was prompted by the discovery during a
quality review performed during manufacturing, that a torque strip
indicator (material ``Dykem'') had been applied on the orifice fitting
on certain slides' inflation reservoirs' venting holes. This proposed
AD would require an inspection for discrepancies of affected parts
(certain reservoirs having certain orifices) and replacement of
discrepant affected parts, and would prohibit installing affected
parts, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is proposed for incorporation by reference (IBR). The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by October 7,
2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2025; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For EASA material identified in this proposed 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="e8a9ac9ba88d899b89c68d9d9a879889c68d9d">[email protected]</span></a>; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-2025.
<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.
FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3667; email <a href="/cdn-cgi/l/email-protection#a3d7caceccd7cbda8dd38dc7ccd4cfcacdc4e3c5c2c28dc4ccd5"><span class="__cf_email__" data-cfemail="f185989c9e859988df81df959e869d989f96b1979090df969e87">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2024-2025;
Project Identifier MCAI-2024-00120-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data. The FAA will consider all comments received by the
closing date and may amend this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone 206-231-3667; email
<a href="/cdn-cgi/l/email-protection#fe8a9793918a9687d08ed09a918992979099be989f9fd0999188"><span class="__cf_email__" data-cfemail="bdc9d4d0d2c9d5c493cd93d9d2cad1d4d3dafddbdcdc93dad2cb">[email protected]</span></a>. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2024-0057, dated February 28, 2024
(EASA AD 2024-0057) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A321-251NX, -252NX, -253NX, -
271NX, and -272NX airplanes. The MCAI states that during a quality
review performed during manufacturing, a quality escape was identified
on the Model A321NX door 3 slide and offwing slide inflation
reservoirs' venting holes, where a torque strip indicator (material
``Dykem'') has been applied on the orifice fitting (clogging the vent
hole). This condition, in combination with a slide reservoir pressure
loss, if not detected and corrected, could lead to deployment in flight
of a non-inflated slide, possibly resulting in damage to, and reduced
control of, the airplane.
The FAA is proposing this AD to address the unsafe condition on
these products.
[[Page 67576]]
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2025.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0057 specifies a general visual inspection of affected
parts (certain reservoirs having certain orifices) for discrepancies
(the presence of ``Dykem'' material on the orifice fitting) and
replacement of discrepant affected parts, and prohibits installing
affected parts. 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.
FAA's Determination
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 is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2024-0057 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2024-0057 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0057 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2024-0057 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2024-
0057. Service information required by EASA AD 2024-0057 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-2025
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 227 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
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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1 work-hour x $85 per hour = $85................................ $0 $85 $19,295
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The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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1 work-hour x $85 per hour = $85...... Negligible $85
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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 proposed 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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
[[Page 67577]]
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:
Airbus SAS: Docket No. FAA-2024-2025; Project Identifier MCAI-2024-
00120-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 7, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model A321-251NX, -252NX, -
253NX, -271NX, and -272NX airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.
(e) Unsafe Condition
This AD was prompted by the discovery during a quality review
performed during manufacturing, that a torque strip indicator
(material ``Dykem'') had been applied on the orifice fitting on
certain slides' inflation reservoirs' venting holes. The FAA is
issuing this AD to address blocked venting holes on the orifice
fitting on an escape slide's inflation reservoir. The unsafe
condition, if not addressed, could, in combination with a slide
reservoir pressure loss, result in deployment in flight of a non-
inflated slide, possibly resulting in damage to, and reduced control
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
2024-0057, dated February 28, 2024 (EASA AD 2024-0057).
(h) Exceptions to EASA AD 2024-0057
(1) Where EASA AD 2024-0057 refers to March 13, 2024, or 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
2024-0057.
(i) 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 (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#fdc4d0bcabaed0bcb4afd0cacecdd0bcb0b2bebd9b9c9cd39a928b"><span class="__cf_email__" data-cfemail="0e37234f585d234f475c23393d3e234f43414d4e686f6f20696178">[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
paragraph (i)(2) of this AD, if any service information referenced
in EASA AD 2024-0057 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 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 substitutions or changes to instructions identified as RC
require approval of an AMOC.
(j) Additional Information
For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3667; email
<a href="/cdn-cgi/l/email-protection#c7b3aeaaa8b3afbee9b7e9a3a8b0abaea9a087a1a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="23574a4e4c574b5a0d530d474c544f4a4d44634542420d444c55">[email protected]</span></a>.
(k) 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 material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0057,
dated February 28, 2024.
(ii) [Reserved]
(3) For EASA AD 2024-0057, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#5e1f1a2d1e3b3f2d3f703b2b2c312e3f703b2b"><span class="__cf_email__" data-cfemail="fabbbe89ba9f9b899bd49f8f88958a9bd49f8f">[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="/cdn-cgi/l/email-protection#fec29fde968c9b98c3" http: www.archives.gov federal-register cfr ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="f1989383dc9d9e929085989e9f829e83949c90989d9783df989f8281949285989e9fb19f908390df969e87">[email protected]</span></a>"><a href="http://www.archives.gov/federal-register/cfr/ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="7b121909561714181a0f1214150814091e161a12171d09551215080b1e180f1214153b151a091a551c140d">[email protected]</span></a></a>.
Issued on August 12, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-18483 Filed 8-20-24; 8:45 am]
BILLING CODE 4910-13-P
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