Airworthiness Directives; Airbus SAS Airplanes, 72379-72381 [2022-25511]
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Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Rules and Regulations
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on October 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–25512 Filed 11–23–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1060; Project
Identifier MCAI–2022–00251–T; Amendment
39–22226; AD 2022–22–11]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2021–14–
08, which applied to all Airbus SAS
Model A319–151N, A319–153N, A319–
171N, A320–251N, A320–252N, A320–
273N, A321–251N, A321–251NX,
A321–252N, A321–252NX, A321–253N,
A321–253NX, A321–271N, A321–
271NX, A321–272N, and A321–272NX
airplanes. AD 2021–14–08 required
revising the existing airplane flight
manual (AFM) to include a procedure to
reinforce the airspeed check during the
take-off phase and provide instructions
to abort take-off in certain cases. This
AD was prompted by the development
of a software update to the elevator
aileron computer (ELAC) to address the
unsafe condition. This AD continues to
require the actions in AD 2021–14–08
and requires replacing each affected
ELAC and removing the AFM revision
required by AD 2021–14–08, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. This AD also
prohibits the installation of affected
parts. The FAA is issuing this AD to
address the unsafe condition on these
products.
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
This AD is effective December
30, 2022.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 30, 2022.
DATES:
VerDate Sep<11>2014
15:54 Nov 23, 2022
Jkt 259001
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–1060; 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:
• For 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.
• 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
regulations.gov under Docket No. FAA–
2022–1060.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International
Validation Branch, 2200 South 216th
St., Des Moines, WA 98198; telephone
206–231–3225; email dan.rodina@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2021–14–08,
Amendment 39–21635 (86 FR 34933,
July 1, 2021) (AD 2021–14–08). AD
2021–14–08 applied to all Airbus SAS
Model A319–151N, A319–153N, A319–
171N, A320–251N, A320–252N, A320–
253N, A320–271N, A320–272N, A320–
273N, A321–251N, A321–251NX,
A321–252N, A321–252NX, A321–253N,
A321–253NX, A321–271N, A321–
271NX, A321–272N, and A321–272NX
airplanes. AD 2021–14–08 required
revising the existing AFM to include a
procedure to reinforce the airspeed
check during the take-off phase and
provide instructions to abort take-off in
certain cases. The FAA issued AD 2021–
14–08 to address airspeed
discrepancies, which could lead to an
unstable flight path after take-off,
possibly resulting in reduced control of
the airplane.
PO 00000
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Fmt 4700
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72379
The NPRM published in the Federal
Register on August 23, 2022 (87 FR
51617). The NPRM was prompted by
AD 2022–0028, dated February 22,
2022, issued by EASA, which is the
Technical Agent for the Member States
of the European Union (EASA AD 2022–
0028) (referred to after this as the
MCAI). The MCAI states that an
increasing number of operational
disruptions due to airspeed
discrepancies were reported, which may
affect the airplane’s response,
particularly during the rotation phase.
The MCAI states that this condition, if
not addressed, could lead to an unstable
flight path after take-off, possibly
resulting in reduced control of the
airplane.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2022–1060.
In the NPRM, the FAA proposed to
continue to require the actions in AD
2021–14–08 and to require replacing
each affected ELAC and removing the
AFM revision required by AD 2021–14–
08, as specified in EASA AD 2022–0028.
The NPRM also proposed to prohibit the
installation of affected parts. The FAA
is issuing this AD to address the unsafe
condition on these products.
Discussion of Final Airworthiness
Directive
Comments
The FAA received comments from the
Air Line Pilots Association,
International (ALPA) who supported the
NPRM without change.
Conclusion
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
reviewed the relevant data, considered
the comment received, and determined
that air safety requires adopting this AD
as proposed. Accordingly, the FAA is
issuing this AD to address the unsafe
condition on this product. Except for
minor editorial changes, this AD is
adopted as proposed in the NPRM.
None of the changes will increase the
economic burden on any operator.
Related Service Information Under 1
CFR Part 51
EASA AD 2022–0028 specifies
procedures for, among other actions,
revising the AFM to include a procedure
to reinforce the airspeed check during
the take-off phase and provide
instructions to abort take-off in certain
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Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Rules and Regulations
EASA AD 2022–0028 also prohibits
installation of affected ELACs. 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.
cases (e.g., an unreliable airspeed
situation or certain airspeed
differences); replacing each affected
ELAC with a serviceable ELAC (one
with the updated ELAC software
standard); and removing the AFM
revision required by AD 2021–14–08.
Costs of Compliance
The FAA estimates that this AD
affects 204 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Retained actions from AD 2021–14–08 .........
New actions ....................................................
1 work-hour × $85 per hour = $85 .................
3 work-hours × $85 per hour = $355 .............
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.
khammond on DSKJM1Z7X2PROD with RULES
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.
VerDate Sep<11>2014
15:54 Nov 23, 2022
Jkt 259001
Parts cost
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
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:
a. Removing Airworthiness Directive
(AD) 2021–14–08, Amendment 39–
21635 (86 FR 34933, July 1, 2021); and
■ b. Adding the following new AD:
■
■
2022–22–11 Airbus SAS: Amendment 39–
22226; Docket No. FAA–2022–1060;
Project Identifier MCAI–2022–00251–T.
(a) Effective Date
This airworthiness directive (AD) is
effective December 30, 2022.
(b) Affected ADs
This AD replaces AD 2021–14–08,
Amendment 39–21635 (86 FR 34933, July 1,
2021) (AD 2021–14–08).
(c) Applicability
This AD applies to all Airbus SAS Model
airplanes identified in paragraphs (c)(1)
through (3) of this AD, certificated in any
category.
(1) Model A319–151N, –153N, and –171N
airplanes.
(2) Model A320–251N, –252N, –253N,
–271N, –272N, and –273N airplanes.
(3) Model A321–251N, –251NX, –252N,
–252NX, –253N, –253NX, –271N, –271NX,
–272N, and –272NX airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 27, Flight Control System; 34,
Navigation.
(e) Unsafe Condition
This AD was prompted by reports of an
increasing number of operational disruptions
due to airspeed discrepancies, and the
development of a software update to the
elevator aileron computer (ELAC) to address
PO 00000
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Fmt 4700
Sfmt 4700
$0
150
Cost per
product
$85
405
Cost on U.S.
operators
$17,340
82,620
the unsafe condition. The FAA is issuing this
AD to address airspeed discrepancies, which
could lead to an unstable flight path after
take-off, 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 2022–0028, dated
February 22, 2022 (EASA AD 2022–0028).
(h) Exceptions to EASA AD 2022–0028
(1) Where EASA AD 2022–0028 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where EASA AD 2022–0028 refers to
June 28, 2021 (the effective date of EASA AD
2021–0150, dated June 21, 2021; corrected
June 25, 2021), this AD requires using July
1, 2021 (the effective date of AD 2021–14–
08).
(3) Paragraph (3) of EASA AD 2022–0028
does not apply to this AD.
(4) Where paragraphs (1) and (5) of EASA
AD 2022–0028 specify to ‘‘inform all flight
crews, and, thereafter, operate the aeroplane
accordingly,’’ this AD does not require those
actions as those actions are already required
by existing FAA operating regulations.
(5) The ‘‘Remarks’’ section of EASA AD
2022–0028 does not apply to this AD.
(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.
(i) Before using any approved AMOC,
notify your appropriate principal inspector,
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Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Rules and Regulations
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD
2022–14–08 are approved as AMOCs for the
corresponding provisions of EASA AD 2022–
0028 that are required by paragraph (g) of this
AD.
(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 contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are 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 procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(j) Additional Information
For more information about this AD,
contact Dan Rodina, Aerospace Engineer,
Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des
Moines, WA 98198; telephone 206–231–
3225; email dan.rodina@faa.gov.
khammond on DSKJM1Z7X2PROD with RULES
(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 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 2022–0028, dated February 22,
2022.
(ii) [Reserved]
(3) For EASA AD 2022–0028, 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) 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 that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
VerDate Sep<11>2014
15:54 Nov 23, 2022
Jkt 259001
Issued on October 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–25511 Filed 11–23–22; 8:45 am]
BILLING CODE 4910–13–P
Federal Aviation Administration
14 CFR Part 97
[Docket No. 31457; Amdt. No. 4034]
Standard Instrument Approach
Procedures, and Takeoff Minimums
and Obstacle Departure Procedures;
Miscellaneous Amendments
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This rule amends, suspends,
or removes Standard Instrument
Approach Procedures (SIAPs) and
associated Takeoff Minimums and
Obstacle Departure Procedures 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 for the
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 November
25, 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 November
25, 2022.
ADDRESSES: Availability of matter
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;
3. The office of Aeronautical
Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK
73169 or,
4. The National Archives and Records
Administration (NARA).
Frm 00023
Fmt 4700
For information on the availability of
this material at NARA, email
fr.inspection@nara.gov or go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
Availability
DEPARTMENT OF TRANSPORTATION
PO 00000
72381
Sfmt 4700
All SIAPs and Takeoff Minimums and
ODPs are available online free of charge.
Visit the National Flight Data Center
online at nfdc.faa.gov to register.
Additionally, individual SIAP and
Takeoff Minimums and ODP copies may
be obtained from the FAA Air Traffic
Organization Service Area in which the
affected airport is located.
FOR FURTHER INFORMATION CONTACT:
Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight
Technologies and Procedures Division,
Flight Standards Service, Federal
Aviation Administration. Mailing
Address: FAA Mike Monroney
Aeronautical Center, Flight Procedures
and Airspace Group, 6500 South
MacArthur Blvd., Registry Bldg 29
Room 104, Oklahoma City, OK 73169.
Telephone: (405) 954–4164.
This rule
amends 14 CFR part 97 by amending the
referenced SIAPs. The complete
regulatory description of each SIAP is
listed on the appropriate FAA Form
8260, as modified by the National Flight
Data Center (NFDC)/Permanent Notice
to Airmen (P–NOTAM), and is
incorporated by reference under 5
U.S.C. 552(a), 1 CFR part 51, and 14
CFR 97.20. The large number of SIAPs,
their complex nature, and the need for
a special format make their verbatim
publication in the Federal Register
expensive and impractical. Further,
airmen do not use the regulatory text of
the SIAPs, but refer to their graphic
depiction on charts printed by
publishers of aeronautical materials.
Thus, the advantages of incorporation
by reference are realized and
publication of the complete description
of each SIAP contained on FAA form
documents is unnecessary. This
amendment provides the affected CFR
sections, and specifies the SIAPs and
Takeoff Minimums and ODPs with their
applicable effective dates. This
amendment also identifies the airport
and its location, the procedure and the
amendment number.
SUPPLEMENTARY INFORMATION:
Availability and Summary of Material
Incorporated by Reference
The material incorporated by
reference is publicly available as listed
in the ADDRESSES section.
The material incorporated by
reference describes SIAPs, Takeoff
E:\FR\FM\25NOR1.SGM
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Agencies
[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72379-72381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25511]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1060; Project Identifier MCAI-2022-00251-T;
Amendment 39-22226; AD 2022-22-11]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-14-
08, which applied to all Airbus SAS Model A319-151N, A319-153N, A319-
171N, A320-251N, A320-252N, A320-273N, A321-251N, A321-251NX, A321-
252N, A321-252NX, A321-253N, A321-253NX, A321-271N, A321-271NX, A321-
272N, and A321-272NX airplanes. AD 2021-14-08 required revising the
existing airplane flight manual (AFM) to include a procedure to
reinforce the airspeed check during the take-off phase and provide
instructions to abort take-off in certain cases. This AD was prompted
by the development of a software update to the elevator aileron
computer (ELAC) to address the unsafe condition. This AD continues to
require the actions in AD 2021-14-08 and requires replacing each
affected ELAC and removing the AFM revision required by AD 2021-14-08,
as specified in a European Union Aviation Safety Agency (EASA) AD,
which is incorporated by reference. This AD also prohibits the
installation of affected parts. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective December 30, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 30,
2022.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1060; 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:
For 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.
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
regulations.gov under Docket No. FAA-2022-1060.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone 206-231-3225; email
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-14-08, Amendment 39-21635 (86 FR
34933, July 1, 2021) (AD 2021-14-08). AD 2021-14-08 applied to all
Airbus SAS Model A319-151N, A319-153N, A319-171N, A320-251N, A320-252N,
A320-253N, A320-271N, A320-272N, A320-273N, A321-251N, A321-251NX,
A321-252N, A321-252NX, A321-253N, A321-253NX, A321-271N, A321-271NX,
A321-272N, and A321-272NX airplanes. AD 2021-14-08 required revising
the existing AFM to include a procedure to reinforce the airspeed check
during the take-off phase and provide instructions to abort take-off in
certain cases. The FAA issued AD 2021-14-08 to address airspeed
discrepancies, which could lead to an unstable flight path after take-
off, possibly resulting in reduced control of the airplane.
The NPRM published in the Federal Register on August 23, 2022 (87
FR 51617). The NPRM was prompted by AD 2022-0028, dated February 22,
2022, issued by EASA, which is the Technical Agent for the Member
States of the European Union (EASA AD 2022-0028) (referred to after
this as the MCAI). The MCAI states that an increasing number of
operational disruptions due to airspeed discrepancies were reported,
which may affect the airplane's response, particularly during the
rotation phase. The MCAI states that this condition, if not addressed,
could lead to an unstable flight path after take-off, possibly
resulting in reduced control of the airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1060.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2021-14-08 and to require replacing each affected ELAC and removing
the AFM revision required by AD 2021-14-08, as specified in EASA AD
2022-0028. The NPRM also proposed to prohibit the installation of
affected parts. The FAA is issuing this AD to address the unsafe
condition on these products.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from the Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comment received, and determined that air safety requires adopting this
AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on this product. Except for minor editorial changes,
this AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0028 specifies procedures for, among other actions,
revising the AFM to include a procedure to reinforce the airspeed check
during the take-off phase and provide instructions to abort take-off in
certain
[[Page 72380]]
cases (e.g., an unreliable airspeed situation or certain airspeed
differences); replacing each affected ELAC with a serviceable ELAC (one
with the updated ELAC software standard); and removing the AFM revision
required by AD 2021-14-08. EASA AD 2022-0028 also prohibits
installation of affected ELACs. 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 204 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-14-08... 1 work-hour x $85 per $0 $85 $17,340
hour = $85.
New actions........................... 3 work-hours x $85 per 150 405 82,620
hour = $355.
----------------------------------------------------------------------------------------------------------------
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) 2021-14-08, Amendment 39-21635
(86 FR 34933, July 1, 2021); and
0
b. Adding the following new AD:
2022-22-11 Airbus SAS: Amendment 39-22226; Docket No. FAA-2022-1060;
Project Identifier MCAI-2022-00251-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 30,
2022.
(b) Affected ADs
This AD replaces AD 2021-14-08, Amendment 39-21635 (86 FR 34933,
July 1, 2021) (AD 2021-14-08).
(c) Applicability
This AD applies to all Airbus SAS Model airplanes identified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category.
(1) Model A319-151N, -153N, and -171N airplanes.
(2) Model A320-251N, -252N, -253N, -271N, -272N, and -273N
airplanes.
(3) Model A321-251N, -251NX, -252N, -252NX, -253N, -253NX, -
271N, -271NX, -272N, and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Control System; 34, Navigation.
(e) Unsafe Condition
This AD was prompted by reports of an increasing number of
operational disruptions due to airspeed discrepancies, and the
development of a software update to the elevator aileron computer
(ELAC) to address the unsafe condition. The FAA is issuing this AD
to address airspeed discrepancies, which could lead to an unstable
flight path after take-off, 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
2022-0028, dated February 22, 2022 (EASA AD 2022-0028).
(h) Exceptions to EASA AD 2022-0028
(1) Where EASA AD 2022-0028 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2022-0028 refers to June 28, 2021 (the
effective date of EASA AD 2021-0150, dated June 21, 2021; corrected
June 25, 2021), this AD requires using July 1, 2021 (the effective
date of AD 2021-14-08).
(3) Paragraph (3) of EASA AD 2022-0028 does not apply to this
AD.
(4) Where paragraphs (1) and (5) of EASA AD 2022-0028 specify to
``inform all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.
(5) The ``Remarks'' section of EASA AD 2022-0028 does not apply
to this AD.
(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].
(i) Before using any approved AMOC, notify your appropriate
principal inspector,
[[Page 72381]]
or lacking a principal inspector, the manager of the responsible
Flight Standards Office.
(ii) AMOCs approved previously for AD 2022-14-08 are approved as
AMOCs for the corresponding provisions of EASA AD 2022-0028 that are
required by paragraph (g) of this AD.
(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 contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are 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 procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(j) Additional Information
For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3225; email [email protected].
(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 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 2022-0028,
dated February 22, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0028, 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) 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 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 October 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-25511 Filed 11-23-22; 8:45 am]
BILLING CODE 4910-13-P