Airworthiness Directives; Airbus SAS Airplanes, 61963-61966 [2022-22320]
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Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Rules and Regulations
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.), as amended by the
Small Business Regulatory Enforcement
and Fairness Act of 1996, requires an
agency to prepare and make available to
the public a regulatory flexibility
analysis that describes the effect of a
proposed rule on small entities (i.e.,
small businesses, small organizations,
and small governmental jurisdictions)
when the agency is required to publish
a general notice of proposed rulemaking
for a rule. Since a notice of proposed
rulemaking is not necessary for this
rule, CBP is not required to prepare a
regulatory flexibility analysis for this
rule.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), enacted as
Public Law 104–4 on March 22, 1995,
requires each Federal agency, to the
extent permitted by law, to prepare a
written assessment of the effects of any
Federal mandate in a proposed or final
agency rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
(adjusted annually for inflation) in any
one year. See 2 U.S.C. 1532(a). This rule
will not result in expenditure by State,
local, and tribal governments, in the
aggregate, or by the private sector, of
$100 million or more in any one year.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
E. Paperwork Reduction Act
The Paperwork Reduction Act (PRA)
of 1995 (44 U.S.C. 3507(d)) requires that
DHS consider the impact of paperwork
and other information collection
burdens imposed on the public. This
rule does not impose any new
requirements subject to the PRA.
List of Subjects in 8 CFR Part 214
Administrative practice and
procedure, Aliens.
Regulatory Amendments
For the reasons stated in the
preamble, DHS is amending 8 CFR part
214 as follows:
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PART 214—NONIMMIGRANT CLASSES
1. The authority citation for part 214
is revised to read as follows:
■
Authority: 6 U.S.C. 202, 236; 8 U.S.C.
1101, 1102, 1103, 1182, 1184, 1186a, 1187,
1221, 1281, 1282, 1301–1305, 1356, 1357,
and 1372; section 643, Pub. L. 104–208, 110
Stat. 3009–708; Pub. L. 106–386, 114 Stat.
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1477–1480; section 141 of the Compacts of
Free Association with the Federated States of
Micronesia and the Republic of the Marshall
Islands, and with the Government of Palau,
48 U.S.C. 1901 note, and 1931 note,
respectively; 48 U.S.C. 1806; 8 CFR part 2;
Pub. L. 115–218, 132 Stat. 1547 (48 U.S.C.
1806).
2. Amend § 214.2 by:
a. Revising paragraph (i)(1)(ii);
b. In paragraph (i)(2) introductory text
removing the text ‘‘90 days’’ and adding
in its place the text ‘‘the maximum
period of stay determined by the
Secretary pursuant to paragraph (i)(1)(ii)
of this section’’;
■ c. Adding a sentence at the end of
paragraph (i)(2)(ii);
■ d. In paragraph (i)(3), removing the
text ‘‘90 days’’ and adding in its place
the text ‘‘the maximum period of stay
determined by the Secretary pursuant to
paragraph (i)(1)(ii) of this section’’; and
■ e. Revising paragraph (i)(4).
The addition and revisions read as
follows:
■
■
■
§ 214.2 Special requirements for
admission, extension, and maintenance of
status.
*
*
*
*
*
(i) * * *
(1) * * *
(ii) In the case of an alien who
presents a passport issued by the
People’s Republic of China (PRC) (other
than a Hong Kong Special
Administrative Region passport or a
Macau Special Administrative Region
passport), until the activities or
assignments consistent with the I
classification are completed, not to
exceed the maximum period of stay as
determined by the Secretary. The
Secretary of Homeland Security may
determine the maximum period of stay
when the Secretary determines an
adjustment is needed, with such
maximum period to be no longer than
one year. In determining the maximum
period of stay and whether an
adjustment is needed, the Secretary will
consider factors including, but not
limited to, the average authorized
period of stay and press credential
validity for U.S. journalists in the PRC,
the treatment of U.S. journalists in the
PRC, any input from the U.S.
Department of State, and such other
factors as may affect the U.S. interest.
Such determination will be published in
the Federal Register as a notice and will
remain in effect until the Secretary of
Homeland Security publishes a new
determination under this paragraph.
*
*
*
*
*
(2) * * *
(ii) * * * Requests for extensions of
stay will be adjudicated consistent with
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61963
international legal obligations,
including the United Nations
Headquarters Agreement and
Organization of American States
Headquarters Agreement.
*
*
*
*
*
(4) Applicable maximum period of
stay. Any change in the maximum
period of stay announced by a Federal
Register notice pursuant to paragraph
(i)(1)(ii) of this section applies to
applications for an extension of stay or
a change of status, filed under
paragraphs (i)(2) and (3) of this section
respectively, that are pending with
USCIS on the effective date of the
Federal Register notice.
*
*
*
*
*
Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2022–21898 Filed 10–12–22; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1249; Project
Identifier MCAI–2022–01159–T; Amendment
39–22203; AD 2022–21–04]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A321–251NX,
–252NX, –253NX, –271NX, and –272NX
airplanes. This AD was prompted by a
report of an un-commanded escape slide
release during flight due to a blockage
of one of the system venting features.
This AD requires modification of
affected reservoirs, and limits the
installation of affected reservoirs, 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 becomes effective
October 28, 2022.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 28, 2022.
The FAA must receive comments on
this AD by November 28, 2022.
SUMMARY:
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Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Rules and Regulations
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• 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.
• 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 regulations.gov under Docket
No. FAA–2022–1249; 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 street address for
Docket Operations is listed above.
ADDRESSES:
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Material Incorporated by Reference
• For EASA material incorporated by
reference in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find
this material on the EASA website at
ad.easa.europa.eu.
• For Safran service information
identified in this final rule, contact
Safran Aerosystems Evacuation, 1747
State Route 34, Wall Township, NJ
07727–3935; telephone 732–681–3527;
website safran-group.com/companies/
safran-aerosystems-evacuation.
• 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. It is also available at
regulations.gov under Docket No. FAA–
2022–1249.
FOR FURTHER INFORMATION CONTACT:
Manuel F. Hernandez, Aerospace
Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200
South 216th St., Des Moines, WA 98198;
telephone 562–627–5256; email
Manuel.F.Hernandez@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
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Include ‘‘Docket No. FAA–2022–1249;
Project Identifier MCAI–2022–01159–T’’
at the beginning of your comments. The
most helpful comments reference a
specific portion of the final rule, 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 final rule 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
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this final rule.
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 AD 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 AD,
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 AD. Submissions containing CBI
should be sent to Manuel F Hernandez,
Aerospace Engineer, Large Aircraft
Section, International Validation
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone 562–627–
5256; email Manuel.F.Hernandez@
faa.gov. 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 2022–0176,
dated August 24, 2022, to correct an
unsafe condition for all Airbus SAS
Model A321–251NX, –252NX, –253NX,
–271NX, and –272NX airplanes. The
MCAI states an occurrence has been
reported of an un-commanded door 3
escape slide release during flight. An
accumulation of gas, leaking from the
reservoir regulator valve, initiated the
slide enclosure door panel release and
liberation of the slide in a non-inflated
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condition. Further investigation also
determined that the most probable root
cause of both panel and slide inflatable
assembly release in flight is the blockage
of one of the system venting features.
Results from the preliminary
investigation, however, show that the
reservoir regulator valve outlet port
orifice was unable to function properly
with the protective cover installed,
resulting in venting malfunction. This
condition, if not detected and corrected,
could lead to deployment in flight of a
non-inflated slide, possibly resulting in
reduced control of the airplane.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2022–1249.
Related Service Information Under 1
CFR Part 51
EASA AD 2022–0176 specifies
procedures to modify affected reservoirs
by removing the orifice protective cover.
EASA AD 2022–0176 also limits the
installation of affected parts under
certain conditions.
Safran Service Bulletin A321 005–25–
37, dated August 1, 2022; and Safran
Service Bulletin A321 005–25–38, dated
August 1, 2022; specify procedures for
modifying the reservoir regulator valve
outlet port orifice and identifies affected
serial numbers. These documents are
distinct since they apply to different
part/serial numbers.
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.
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 described above. The FAA
is issuing this AD after determining that
the unsafe condition described
previously is likely to exist or develop
on other products of the same type
design.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2022–
0176 described previously, except for
any differences identified as exceptions
in the regulatory text of this 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
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Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Rules and Regulations
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, EASA AD 2022–0176
is incorporated by reference in this AD.
This AD requires compliance with
EASA AD 2022–0176 in its entirety
through that incorporation, except for
any differences identified as exceptions
in the regulatory text of this AD. Using
common terms that are the same as the
heading of a particular section in EASA
AD 2022–0176 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 2022–0176.
Service information required by EASA
AD 2022–0176 for compliance will be
available at regulations.gov under
Docket No. FAA–2022–1249 after this
AD is published.
Interim Action
The FAA considers that this AD is an
interim action. If final action is later
identified, the FAA might consider
further rulemaking then.
FAA’s Justification and Determination
of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause,’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without providing notice and
seeking comment prior to issuance.
Further, section 553(d) of the APA
authorizes agencies to make rules
effective in less than thirty days, upon
a finding of good cause.
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies forgoing notice
and comment prior to adoption of this
rule because a malfunctioning reservoir
61965
regulator valve outlet port orifice could
result in a venting malfunction, and
lead to deployment in flight of a noninflated slide, possibly resulting in
reduced control of the airplane.
Accordingly, notice and opportunity for
prior public comment are impracticable
and contrary to the public interest
pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good
cause exists pursuant to 5 U.S.C. 553(d)
for making this amendment effective in
less than 30 days, for the same reasons
the FAA found good cause to forgo
notice and comment.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
Costs of Compliance
The FAA estimates that this AD
affects 127 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
2 work-hours × $85 per hour = $170 .....................................................................................
According to the manufacturer, some
or all of the costs of this AD may be
covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage for affected
individuals. As a result, the FAA has
included all known costs in the cost
estimate.
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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
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Cost per
product
Parts cost
$0
$170
Cost on U.S.
operators
Up to $21,590.
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.
List of Subjects in 14 CFR Part 39
Regulatory Findings
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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,
and
(2) Will not affect intrastate aviation
in Alaska.
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Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2022–21–04 Airbus SAS Airplanes:
Amendment 39–22203; Docket No.
FAA–2022–1249; Project Identifier
MCAI–2022–01159–T.
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Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Rules and Regulations
(a) Effective Date
This airworthiness directive (AD) is
effective October 28, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model
A321–251NX, –252NX, –253NX, –271NX,
and –272NX airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by a report of an
un-commanded door 3 escape slide release
during flight due to a blockage of one of the
system venting features. The FAA is issuing
this AD to address a malfunctioning reservoir
regulator valve outlet port orifice, which
could result in a venting malfunction and
lead to deployment in flight of a non-inflated
slide, possibly resulting in 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 2022–0176, dated
August 24, 2022 (EASA AD 2022–0176).
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(h) Exceptions to EASA AD 2022–0176
(1) Where EASA AD 2022–0176 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where EASA AD 2022–0176 defines an
affected part, for this AD, an affected part is
defined as a reservoir having a part number
as specified in EASA AD 2022–0176 and a
serial number identified in Safran Service
Bulletin A321 005–25–37, dated August 1,
2022, or Safran Service Bulletin A321 005–
25–38, dated August 1, 2022.
(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 International Validation Branch, send
it to the attention of the person identified in
paragraph (j) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
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
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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 2022–0176 that 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 Manuel F. Hernandez, Aerospace
Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone
562–627–5256; email Manuel.F.Hernandez@
faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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 2022–0176, dated August 24,
2022.
(ii) Safran Service Bulletin A321 005–25–
37, dated August 1, 2022.
(iii) Safran Service Bulletin A321 005–25–
38, dated August 1, 2022.
(3) For EASA AD 2022–0176, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; website
easa.europa.eu. You may find this EASA AD
on the EASA website at ad.easa.europa.eu.
(4) For Safran service information, contact
Safran Aerosystems Evacuation, 1747 State
Route 34, Wall Township, NJ 07727–3935;
telephone 732–681–3527; website safrangroup.com/companies/safran-aerosystemsevacuation.
(5) 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.
(6) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
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of this material at NARA, email
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on September 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–22320 Filed 10–11–22; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 97
[Docket No. 31449; Amdt. No. 4027]
Standard Instrument Approach
Procedures, and Takeoff Minimums
and Obstacle Departure Procedures;
Miscellaneous Amendments
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This rule establishes, amends,
suspends, or removes Standard
Instrument Approach Procedures
(SIAPS) and associated Takeoff
Minimums and Obstacle Departure
procedures (ODPs) for operations at
certain airports. These regulatory
actions are needed because of the
adoption of new or revised criteria, or
because of changes occurring in the
National Airspace System, such as the
commissioning of new navigational
facilities, adding new obstacles, or
changing air traffic requirements. These
changes are designed to provide safe
and efficient use of the navigable
airspace and to promote safe flight
operations under instrument flight rules
at the affected airports.
DATES: This rule is effective October 13,
2022. The compliance date for each
SIAP, associated Takeoff Minimums,
and ODP is specified in the amendatory
provisions.
The incorporation by reference of
certain publications listed in the
regulations is approved by the Director
of the Federal Register as of October 13,
2022.
ADDRESSES: Availability of matters
incorporated by reference in the
amendment is as follows:
SUMMARY:
For Examination
1. U.S. Department of Transportation,
Docket Ops-M30. 1200 New Jersey
Avenue SE, West Bldg., Ground Floor,
Washington, DC, 20590–0001.
2. The FAA Air Traffic Organization
Service Area in which the affected
airport is located;
E:\FR\FM\13OCR1.SGM
13OCR1
]]>Agencies
[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Rules and Regulations]
[Pages 61963-61966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22320]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1249; Project Identifier MCAI-2022-01159-T;
Amendment 39-22203; AD 2022-21-04]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A321-251NX, -252NX, -253NX, -271NX, and -272NX
airplanes. This AD was prompted by a report of an un-commanded escape
slide release during flight due to a blockage of one of the system
venting features. This AD requires modification of affected reservoirs,
and limits the installation of affected reservoirs, 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 becomes effective October 28, 2022.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 28,
2022.
The FAA must receive comments on this AD by November 28, 2022.
[[Page 61964]]
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
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.
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 regulations.gov under
Docket No. FAA-2022-1249; 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
street address for Docket Operations is listed above.
Material Incorporated by Reference
For EASA material incorporated by reference in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
For Safran service information identified in this final
rule, contact Safran Aerosystems Evacuation, 1747 State Route 34, Wall
Township, NJ 07727-3935; telephone 732-681-3527; website safran-group.com/companies/safran-aerosystems-evacuation.
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. It is also available at
regulations.gov under Docket No. FAA-2022-1249.
FOR FURTHER INFORMATION CONTACT: Manuel F. Hernandez, Aerospace
Engineer, Large Aircraft Section, FAA, International Validation Branch,
2200 South 216th St., Des Moines, WA 98198; telephone 562-627-5256;
email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-1249; Project Identifier MCAI-
2022-01159-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Manuel
F Hernandez, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone 562-627-5256; email [email protected]. 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 2022-0176, dated August 24, 2022, to
correct an unsafe condition for all Airbus SAS Model A321-251NX, -
252NX, -253NX, -271NX, and -272NX airplanes. The MCAI states an
occurrence has been reported of an un-commanded door 3 escape slide
release during flight. An accumulation of gas, leaking from the
reservoir regulator valve, initiated the slide enclosure door panel
release and liberation of the slide in a non-inflated condition.
Further investigation also determined that the most probable root cause
of both panel and slide inflatable assembly release in flight is the
blockage of one of the system venting features. Results from the
preliminary investigation, however, show that the reservoir regulator
valve outlet port orifice was unable to function properly with the
protective cover installed, resulting in venting malfunction. This
condition, if not detected and corrected, could lead to deployment in
flight of a non-inflated slide, possibly resulting in reduced control
of the airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1249.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0176 specifies procedures to modify affected
reservoirs by removing the orifice protective cover. EASA AD 2022-0176
also limits the installation of affected parts under certain
conditions.
Safran Service Bulletin A321 005-25-37, dated August 1, 2022; and
Safran Service Bulletin A321 005-25-38, dated August 1, 2022; specify
procedures for modifying the reservoir regulator valve outlet port
orifice and identifies affected serial numbers. These documents are
distinct since they apply to different part/serial numbers.
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.
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
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2022-0176 described previously, except for any differences identified
as exceptions in the regulatory text of this 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
[[Page 61965]]
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, EASA AD 2022-0176 is incorporated by reference in this AD.
This AD requires compliance with EASA AD 2022-0176 in its entirety
through that incorporation, except for any differences identified as
exceptions in the regulatory text of this AD. Using common terms that
are the same as the heading of a particular section in EASA AD 2022-
0176 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 2022-0176. Service information required by EASA AD
2022-0176 for compliance will be available at regulations.gov under
Docket No. FAA-2022-1249 after this AD is published.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because a malfunctioning reservoir regulator valve outlet port orifice
could result in a venting malfunction, and lead to deployment in flight
of a non-inflated slide, possibly resulting in reduced control of the
airplane. Accordingly, notice and opportunity for prior public comment
are impracticable and contrary to the public interest pursuant to 5
U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 127 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per
Labor cost Parts cost product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170........ $0 $170 Up to $21,590.
----------------------------------------------------------------------------------------------------------------
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
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, and
(2) Will not affect intrastate aviation in Alaska.
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:
2022-21-04 Airbus SAS Airplanes: Amendment 39-22203; Docket No. FAA-
2022-1249; Project Identifier MCAI-2022-01159-T.
[[Page 61966]]
(a) Effective Date
This airworthiness directive (AD) is effective October 28, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model A321-251NX, -252NX, -
253NX, -271NX, and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.
(e) Unsafe Condition
This AD was prompted by a report of an un-commanded door 3
escape slide release during flight due to a blockage of one of the
system venting features. The FAA is issuing this AD to address a
malfunctioning reservoir regulator valve outlet port orifice, which
could result in a venting malfunction and lead to deployment in
flight of a non-inflated slide, possibly resulting in 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
2022-0176, dated August 24, 2022 (EASA AD 2022-0176).
(h) Exceptions to EASA AD 2022-0176
(1) Where EASA AD 2022-0176 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2022-0176 defines an affected part, for this
AD, an affected part is defined as a reservoir having a part number
as specified in EASA AD 2022-0176 and a serial number identified in
Safran Service Bulletin A321 005-25-37, dated August 1, 2022, or
Safran Service Bulletin A321 005-25-38, dated August 1, 2022.
(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 International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected]. 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 2022-0176 that 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 Manuel F. Hernandez,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 562-627-5256; email [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 2022-0176,
dated August 24, 2022.
(ii) Safran Service Bulletin A321 005-25-37, dated August 1,
2022.
(iii) Safran Service Bulletin A321 005-25-38, dated August 1,
2022.
(3) For EASA AD 2022-0176, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) For Safran service information, contact Safran Aerosystems
Evacuation, 1747 State Route 34, Wall Township, NJ 07727-3935;
telephone 732-681-3527; website safran-group.com/companies/safran-aerosystems-evacuation.
(5) 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.
(6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on September 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-22320 Filed 10-11-22; 11:15 am]
BILLING CODE 4910-13-P
