Airworthiness Directives; Airbus SAS Airplanes, 258-261 [2023-28851]
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations
(g) Visual Inspection for Portable PBE
Within 12 months from the effective date
of this AD, do a general visual inspection of
the left-side forward wardrobe, flight deck, or
passenger cabin area of the airplane and
verify if a portable PBE device, marked with
Technical Standard Order (TSO) C116 or
C116a, is installed and placarded, in
accordance with paragraph 2.B.(1) of the
Accomplishment Instructions of Bombardier
Service Bulletin 604–35–008, Revision 02,
dated January 13, 2023. If the PBE device is
missing, before further flight, install a
portable PBE device marked with TSO C116
or TSO C116a and its associated placard, in
accordance with paragraph 2.B.(2) of the
Accomplishment Instructions of Bombardier
Service Bulletin 604–35–008, Revision 02,
dated January 13, 2023.
(3) For service information identified in
this AD, contact Bombardier, Inc., Business
Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9,
Canada; telephone 514–855–2999; email:
ac.yul@aero.bombardier.com; website:
bombardier.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
Street, 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 www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
(h) 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, International Validation
Branch, mail it to the address identified in
paragraph (i)(2) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. If mailing
information, also submit information by
email. 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 Transport Canada or
Bombardier, Inc.’s Transport Canada Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
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(i) Additional Information
(1) Refer to Transport Canada AD CF–
2023–21, dated March 30, 2023, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–1715.
(2) For more information about this AD,
contact Gabriel Kim, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@faa.gov.
(j) 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) Bombardier Service Bulletin 604–35–
008, Revision 02, dated January 13, 2023.
(ii) [Reserved]
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[FR Doc. 2023–28849 Filed 1–2–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1882; Project
Identifier MCAI–2023–00651–T; Amendment
39–22632; AD 2023–25–05]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2022–07–
15, which applied to all Airbus SAS
Model A318, A319, A320, and A321
series airplanes. AD 2022–07–15
required replacing affected braking and
steering control units (BSCUs) and
revising the operator’s existing FAAapproved minimum equipment list
(MEL). This AD was prompted by a
determination that a type 1 relay
combined with an affected BSCU would
induce BSCU freezing. This AD removes
certain airplanes from the applicability,
retains the requirements of AD 2022–
07–15, requires an inspection for the
relay type installed and replacement of
type 1 relays with type 2 relays, limits
the installation of affected BSCUs on
certain airplanes and prohibits the
installation of affected BSCUs for
certain other airplanes as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is incorporated by
reference. The FAA is issuing this AD
SUMMARY:
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to address the unsafe condition on these
products.
DATES: This AD is effective February 7,
2024.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of February 7, 2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of May 2, 2022 (87 FR 22438,
April 15, 2022).
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1882; 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 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 Airbus service information
incorporated by reference in this AD,
contact Airbus SAS, Airworthiness
Office—EIAS, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex,
France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email
account.airworth-eas@airbus.com;
website airbus.com.
• 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–
2023–1882.
FOR FURTHER INFORMATION CONTACT:
Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590;
telephone 206–231–3667; email
Timothy.P.Dowling@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2022–07–15,
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations
Amendment 39–22003 (87 FR 22438,
April 15, 2022) (AD 2022–07–15). AD
2022–07–15 applied to all Airbus SAS
Model A318–111, –112, –121, and –122
airplanes; Model A319–111, –112, –113,
–114, –115, –131, –132, –133, –151N,
–153N, and –171N airplanes; Model
A320–211, –212, –214, –216, –231,
–232, –233, –251N, –252N, –253N,
–271N, –272N, –273N airplanes; and
Model A321–111, –112, –131, –211,
–212, –213, –231, –232, –251N, –251NX,
–252N, –252NX, –253N, –253NX,
–271N, –271NX, –272N, and –272NX
airplanes. AD 2022–07–15 required
replacing affected BSCUs and revising
the operator’s existing FAA-approved
MEL. The FAA issued AD 2022–07–15
to address loss of braking performance
with significant increase in airplane
stopping distance, possibly resulting in
a runway excursion.
The NPRM published in the Federal
Register on September 27, 2023 (88 FR
66307). The NPRM was prompted by
AD 2023–0093R1, dated May 15, 2023,
issued by EASA, which is the Technical
Agent for the Member States of the
European Union (EASA AD 2023–
0093R1) (also referred to as the MCAI).
The MCAI notes that the previous
detection of several BSCU channel
failures could induce, in the event of
dual channel failures, loss of anti-skid
function together with the reversion to
the alternate braking mode, and loss of
nose wheel steering, and lead to loss of
braking performance with significant
increase in airplane stopping distance,
possibly resulting in a runway
excursion. The MCAI states that further
investigation identified a type 1 relay
installed in a position where a type 2
relay should have been installed. The
combination of a type 1 relay with an
affected BSCU could induce BSCU
freezing. EASA therefore determined
that it is necessary to replace type 1
relays with type 2 relays.
The MCAI also states that type 1
relays are no longer installed on Model
A320 Current Engine Option (CEO)
airplanes (i.e., Model A318 series
airplanes; A319–111, –112, –113, –114,
–115, –131, –132, and –133 airplanes;
A320–211, –212, –214, –216, –231,
–232, and –233 airplanes; and A321–
111, –112, –131, –211, –212, –213, –231,
and –232 airplanes). Type 1 relays were
required to be replaced on Model A320
CEO airplanes by AD 96–04–06,
Amendment 39–9518 (61 FR 6927,
February 23, 1996). AD 96–04–06
corresponded to DGAC France AD F–
1993–163–043, dated September 29,
1993. Model A320 CEO airplanes are
therefore not included in the
applicability of this AD.
Further, the MCAI states that some
relays installed at functional item
number (FIN) locations 24GG and 25GG
were not in conformity with the
Airplane Inspection Report on certain
airplanes.
In addition, it was determined that
certain airplanes have been delivered
with a BSCU P/N E21327107.
In the NPRM, the FAA proposed to
remove certain airplanes from the
applicability, retain the requirements of
AD 2022–07–15, require an inspection
for the relay type installed and
replacement of type 1 relays with type
2 relays, limit the installation of affected
BSCUs on certain airplanes and prohibit
the installation of affected BSCUs for
certain other airplanes, as specified in
EASA AD 2023–0093R1 described
previously. The FAA is issuing this AD
to address the unsafe condition on these
products.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1882.
Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from
United Airlines, which 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
259
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 2023–0093R1 specifies
procedures for replacing affected BSCUs
if a fault signature is triggered, and
implementing the instructions of master
minimum equipment list (MMEL)
updates on the basis of which the
operator’s existing MEL must be
amended–that is, procedures for
revising the operator’s existing FAAapproved MEL with the provisions in
the MMEL updates specified in the
EASA AD. EASA AD 2023–0093R1 also
specifies procedures for a general visual
inspection of the FINs 24GG and 25GG
to identify the relay type installed, and
replacement of each type 1 relay with a
type 2 relay. EASA AD 2023–0093R1
also limits the installation of affected
parts.
Airbus Alert Operators Transmission
A32N025–22, Rev 01, dated May 10,
2023, including Appendixes 1 through
3, dated May 2023, defines BSCU fault
signatures that may be triggered on the
airplane, and specifies procedures for
replacing affected parts, among other
actions.
This AD also requires Airbus Alert
Operators Transmission A32N025–22,
Rev 00, dated February 24, 2022,
including Appendixes 1 through 4,
dated February 21, 2022, which the
Director of the Federal Register
approved for incorporation by reference
as of May 2, 2022 (87 FR 22438, April
15, 2022).
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 349 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Parts
cost
Action
Labor cost
Retained actions from AD 2022–
07–15.
Relay inspection and replacement (new actions).
Up to 5 work-hours × $85 per
hour = $425.
Up to 9 work-hours × $85 per
hour = $765.
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Cost per product
Cost on U.S. operators
$0
Up to $425 ................................
Up to $148,325.
0
Up to $765 ................................
Up to $266,985.
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations
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,
(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.
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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:
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PART 39—AIRWORTHINESS
DIRECTIVES
Safety Agency (EASA) AD 2023–0093R1,
dated May 15, 2023 (EASA AD 2023–
0093R1).
1. The authority citation for part 39
continues to read as follows:
(h) Exceptions to EASA AD 2023–0093R1
(1) Where EASA AD 2023–0093R1 refers to
‘‘10 March 2022 [the effective date of EASA
AD 2022–0032 at original issue],’’ this AD
requires using May 2, 2022 (the effective date
of AD 2022–07–15).
(2) Where EASA AD 2023–0093R1 refers to
its effective date, this AD requires using the
effective date of this AD.
(3) Where EASA AD 2023–0093R1 defines
‘‘the AOT 1’’ as ‘‘Airbus Alert Operators
Transmission (AOT 1) A32N025–22,’’ this
AD requires using Airbus Alert Operators
Transmission A32N025–22, Rev 00, dated
February 24, 2022, including Appendixes 1
through 4, dated February 21, 2022, or Airbus
Alert Operators Transmission A32N025–22,
Rev 01, dated May 10, 2023, including
Appendixes 1 through 3, dated May 2023.
(4) Where paragraphs (2) and (3) of EASA
AD 2023–0093R1 specify ‘‘in accordance
with the instructions of the AOT 1,’’ replace
those words with ‘‘in accordance with the
‘Remove and replace BSCU P/N E21327307’
step in paragraph 5.6., ‘Instructions,’ of
Airbus Alert Operators Transmission
A32N025–22, Rev 00, dated February 24,
2022, including Appendixes 1 through 4,
dated February 21, 2022, or of Airbus Alert
Operators Transmission A32N025–22, Rev
01, dated May 10, 2023, including
Appendixes 1 through 3, dated May 2023.’’
No other actions in Airbus Alert Operators
Transmission A32N030–23, Rev 00, dated
February 27, 2023, including Appendixes 1
and 2, dated February 21, 2023 (referenced in
EASA AD 2023–0093R1 and not incorporated
by reference in this AD), or Airbus Alert
Operators Transmission A32N025–22, Rev
01, dated May 10, 2023, including
Appendixes 1 through 3, dated May 2023, are
required for compliance for the replacement.
(5) Where paragraph (4) of EASA AD 2023–
0093R1 requires operators to ‘‘implement the
instructions of the MMEL [master minimum
equipment list] update,’’ this AD requires
replacing those words with ‘‘implement the
operator’s existing FAA-approved minimum
equipment list (MEL) with the provisions
specified in ‘The MMEL update’ as identified
in EASA AD 2023–0093R1.’’
(6) Where paragraph (4) of EASA AD 2023–
0093R1 specifies to ‘‘inform all flight crews,
and, thereafter, operate the airplane
accordingly,’’ this AD does not require those
actions as those actions are already required
by existing FAA operating regulations.
(7) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0093R1.
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2022–07–15, Amendment 39–
22003 (87 FR 22438, April 15, 2022);
and
■ b. Adding the following new AD:
■
■
2023–25–05 Airbus SAS: Amendment 39–
22632; Docket No. FAA–2023–1882;
Project Identifier MCAI–2023–00651–T.
(a) Effective Date
This airworthiness directive (AD) is
effective February 7, 2024.
(b) Affected ADs
This AD replaces AD 2022–07–15,
Amendment 39–22003 (87 FR 22438, April
15, 2022) (AD 2022–07–15).
(c) Applicability
This AD applies to the Airbus SAS
airplanes, certificated in any category,
identified in paragraphs (c)(1) through (3) of
this AD.
(1) All Model A319–151N, A319–153N,
and A319–171N airplanes.
(2) All Model A320–251N, A320–252N,
A320–253N, A320–271N, A320–272N, and
A320–273N airplanes.
(3) All Model A321–251N, A321–251NX,
A321–252N, A321–252NX, A321–253N,
A321–253NX, A321–271N, A321–271NX,
A321–272N, and A321–272NX airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 32, Landing Gear; and
America Code 92, Electrical System
Installation.
(e) Unsafe Condition
This AD was prompted by the detection of
several channel failures on the braking and
steering control unit (BSCU), inducing, in
case of dual channel failures, loss of anti-skid
function together with the reversion to the
alternate braking mode, and loss of nose
wheel steering. This AD was further
prompted by the determination that a type 1
relay combined with an affected BSCU could
induce BSCU freezing. The FAA is issuing
this AD to address these conditions, which
could lead to loss of braking performance
with significant increase in airplane stopping
distance, possibly resulting in a runway
excursion.
(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
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(i) No Reporting Requirement
Although certain service information
specified in EASA AD 2023–0093R1 specifies
to report certain information and send
affected parts to the manufacturer, this AD
does not require those actions.
(j) 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
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations
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 (k) 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,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office. (ii)
AMOCs approved previously for AD 2022–
07–15 are approved as AMOCs for the
corresponding provisions of EASA AD 2023–
0093R1 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 (j)(2) of this AD, if
any service information 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.
(4) The following service information was
approved for IBR on May 2, 2022 (87 FR
22438, April 15, 2022).
(i) Airbus Alert Operators Transmission
A32N025–22, Rev 00, dated February 24,
2022, including Appendixes 1 through 4,
dated February 21, 2022.
(ii) [Reserved]
(5) For EASA AD 2023–0093R1, 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.
(6) For Airbus service information
identified in this AD, contact Airbus SAS,
Airworthiness Office—EIAS, Rond-Point
Emile Dewoitine No: 2, 31700 Blagnac Cedex,
France; telephone +33 5 61 93 36 96; fax +33
5 61 93 44 51; email account.airworth-eas@
airbus.com; website airbus.com.
(7) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(8) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
(k) Additional Information
IFR Altitudes; Miscellaneous
Amendments
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 Timothy.P.Dowling@faa.gov.
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(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(3) The following service information was
approved for IBR on February 7, 2024.
(i) Airbus Alert Operators Transmission
A32N025–22, Rev 01, dated May 10, 2023,
including Appendixes 1 through 3, dated
May 2023.
(ii) European Union Aviation Safety
Agency (EASA) AD 2023–0093R1, dated May
15, 2023.
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Jkt 262001
Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–28851 Filed 1–2–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 95
[Docket No. 31525; Amdt. No. 576]
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This amendment adopts
miscellaneous amendments to the
required IFR (instrument flight rules)
altitudes and changeover points for
certain Federal airways, jet routes, or
direct routes for which a minimum or
maximum en route authorized IFR
altitude is prescribed. This regulatory
action is needed because of changes
occurring in the National Airspace
System. These changes are designed to
provide for the safe and efficient use of
the navigable airspace under instrument
conditions in the affected areas.
DATES: Effective 0901 UTC, January 25,
2024.
SUMMARY:
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
261
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., STB Annex, Bldg 26,
Room 217, Oklahoma City, OK 73099.
Telephone: (405) 954–1139.
SUPPLEMENTARY INFORMATION: This
amendment to part 95 of the Federal
Aviation Regulations (14 CFR part 95)
amends, suspends, or revokes IFR
altitudes governing the operation of all
aircraft in flight over a specified route
or any portion of that route, as well as
the changeover points (COPs) for
Federal airways, jet routes, or direct
routes as prescribed in part 95.
The Rule
The specified IFR altitudes, when
used in conjunction with the prescribed
changeover points for those routes,
ensure navigation aid coverage that is
adequate for safe flight operations and
free of frequency interference. The
reasons and circumstances that create
the need for this amendment involve
matters of flight safety and operational
efficiency in the National Airspace
System, are related to published
aeronautical charts that are essential to
the user, and provide for the safe and
efficient use of the navigable airspace.
In addition, those various reasons or
circumstances require making this
amendment effective before the next
scheduled charting and publication date
of the flight information to assure its
timely availability to the user. The
effective date of this amendment reflects
those considerations. In view of the
close and immediate relationship
between these regulatory changes and
safety in air commerce, I find that notice
and public procedure before adopting
this amendment are impracticable and
contrary to the public interest and that
good cause exists for making the
amendment effective in less than 30
days.
Conclusion
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore—(1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
E:\FR\FM\03JAR1.SGM
03JAR1
]]>Agencies
[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 258-261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28851]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1882; Project Identifier MCAI-2023-00651-T;
Amendment 39-22632; AD 2023-25-05]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-07-
15, which applied to all Airbus SAS Model A318, A319, A320, and A321
series airplanes. AD 2022-07-15 required replacing affected braking and
steering control units (BSCUs) and revising the operator's existing
FAA-approved minimum equipment list (MEL). This AD was prompted by a
determination that a type 1 relay combined with an affected BSCU would
induce BSCU freezing. This AD removes certain airplanes from the
applicability, retains the requirements of AD 2022-07-15, requires an
inspection for the relay type installed and replacement of type 1
relays with type 2 relays, limits the installation of affected BSCUs on
certain airplanes and prohibits the installation of affected BSCUs for
certain other airplanes as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective February 7, 2024.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 7,
2024.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of May 2,
2022 (87 FR 22438, April 15, 2022).
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1882; 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 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 Airbus service information incorporated by reference
in this AD, contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point
Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61
93 36 96; fax +33 5 61 93 44 51; email airbus.com">account.airworth-eas@airbus.com;
website airbus.com.
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-2023-1882.
FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3667; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2022-07-15,
[[Page 259]]
Amendment 39-22003 (87 FR 22438, April 15, 2022) (AD 2022-07-15). AD
2022-07-15 applied to all Airbus SAS Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, -
133, -151N, -153N, and -171N airplanes; Model A320-211, -212, -214, -
216, -231, -232, -233, -251N, -252N, -253N, -271N, -272N, -273N
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, -
232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes. AD 2022-07-15 required replacing affected BSCUs
and revising the operator's existing FAA-approved MEL. The FAA issued
AD 2022-07-15 to address loss of braking performance with significant
increase in airplane stopping distance, possibly resulting in a runway
excursion.
The NPRM published in the Federal Register on September 27, 2023
(88 FR 66307). The NPRM was prompted by AD 2023-0093R1, dated May 15,
2023, issued by EASA, which is the Technical Agent for the Member
States of the European Union (EASA AD 2023-0093R1) (also referred to as
the MCAI). The MCAI notes that the previous detection of several BSCU
channel failures could induce, in the event of dual channel failures,
loss of anti-skid function together with the reversion to the alternate
braking mode, and loss of nose wheel steering, and lead to loss of
braking performance with significant increase in airplane stopping
distance, possibly resulting in a runway excursion. The MCAI states
that further investigation identified a type 1 relay installed in a
position where a type 2 relay should have been installed. The
combination of a type 1 relay with an affected BSCU could induce BSCU
freezing. EASA therefore determined that it is necessary to replace
type 1 relays with type 2 relays.
The MCAI also states that type 1 relays are no longer installed on
Model A320 Current Engine Option (CEO) airplanes (i.e., Model A318
series airplanes; A319-111, -112, -113, -114, -115, -131, -132, and -
133 airplanes; A320-211, -212, -214, -216, -231, -232, and -233
airplanes; and A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes). Type 1 relays were required to be replaced on Model A320
CEO airplanes by AD 96-04-06, Amendment 39-9518 (61 FR 6927, February
23, 1996). AD 96-04-06 corresponded to DGAC France AD F-1993-163-043,
dated September 29, 1993. Model A320 CEO airplanes are therefore not
included in the applicability of this AD.
Further, the MCAI states that some relays installed at functional
item number (FIN) locations 24GG and 25GG were not in conformity with
the Airplane Inspection Report on certain airplanes.
In addition, it was determined that certain airplanes have been
delivered with a BSCU P/N E21327107.
In the NPRM, the FAA proposed to remove certain airplanes from the
applicability, retain the requirements of AD 2022-07-15, require an
inspection for the relay type installed and replacement of type 1
relays with type 2 relays, limit the installation of affected BSCUs on
certain airplanes and prohibit the installation of affected BSCUs for
certain other airplanes, as specified in EASA AD 2023-0093R1 described
previously. The FAA is issuing this AD to address the unsafe condition
on these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1882.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from United Airlines, which 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 2023-0093R1 specifies procedures for replacing affected
BSCUs if a fault signature is triggered, and implementing the
instructions of master minimum equipment list (MMEL) updates on the
basis of which the operator's existing MEL must be amended-that is,
procedures for revising the operator's existing FAA-approved MEL with
the provisions in the MMEL updates specified in the EASA AD. EASA AD
2023-0093R1 also specifies procedures for a general visual inspection
of the FINs 24GG and 25GG to identify the relay type installed, and
replacement of each type 1 relay with a type 2 relay. EASA AD 2023-
0093R1 also limits the installation of affected parts.
Airbus Alert Operators Transmission A32N025-22, Rev 01, dated May
10, 2023, including Appendixes 1 through 3, dated May 2023, defines
BSCU fault signatures that may be triggered on the airplane, and
specifies procedures for replacing affected parts, among other actions.
This AD also requires Airbus Alert Operators Transmission A32N025-
22, Rev 00, dated February 24, 2022, including Appendixes 1 through 4,
dated February 21, 2022, which the Director of the Federal Register
approved for incorporation by reference as of May 2, 2022 (87 FR 22438,
April 15, 2022).
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 349 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Parts Cost on U.S.
Action Labor cost cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-07- Up to 5 work-hours x $0 Up to $425........... Up to $148,325.
15. $85 per hour = $425.
Relay inspection and replacement Up to 9 work-hours x 0 Up to $765........... Up to $266,985.
(new actions). $85 per hour = $765.
----------------------------------------------------------------------------------------------------------------
[[Page 260]]
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,
(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) 2022-07-15, Amendment 39-22003
(87 FR 22438, April 15, 2022); and
0
b. Adding the following new AD:
2023-25-05 Airbus SAS: Amendment 39-22632; Docket No. FAA-2023-1882;
Project Identifier MCAI-2023-00651-T.
(a) Effective Date
This airworthiness directive (AD) is effective February 7, 2024.
(b) Affected ADs
This AD replaces AD 2022-07-15, Amendment 39-22003 (87 FR 22438,
April 15, 2022) (AD 2022-07-15).
(c) Applicability
This AD applies to the Airbus SAS airplanes, certificated in any
category, identified in paragraphs (c)(1) through (3) of this AD.
(1) All Model A319-151N, A319-153N, and A319-171N airplanes.
(2) All Model A320-251N, A320-252N, A320-253N, A320-271N, A320-
272N, and A320-273N airplanes.
(3) All Model A321-251N, A321-251NX, A321-252N, A321-252NX,
A321-253N, A321-253NX, A321-271N, A321-271NX, A321-272N, and A321-
272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
Gear; and America Code 92, Electrical System Installation.
(e) Unsafe Condition
This AD was prompted by the detection of several channel
failures on the braking and steering control unit (BSCU), inducing,
in case of dual channel failures, loss of anti-skid function
together with the reversion to the alternate braking mode, and loss
of nose wheel steering. This AD was further prompted by the
determination that a type 1 relay combined with an affected BSCU
could induce BSCU freezing. The FAA is issuing this AD to address
these conditions, which could lead to loss of braking performance
with significant increase in airplane stopping distance, possibly
resulting in a runway excursion.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0093R1, dated May 15, 2023 (EASA AD 2023-0093R1).
(h) Exceptions to EASA AD 2023-0093R1
(1) Where EASA AD 2023-0093R1 refers to ``10 March 2022 [the
effective date of EASA AD 2022-0032 at original issue],'' this AD
requires using May 2, 2022 (the effective date of AD 2022-07-15).
(2) Where EASA AD 2023-0093R1 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where EASA AD 2023-0093R1 defines ``the AOT 1'' as ``Airbus
Alert Operators Transmission (AOT 1) A32N025-22,'' this AD requires
using Airbus Alert Operators Transmission A32N025-22, Rev 00, dated
February 24, 2022, including Appendixes 1 through 4, dated February
21, 2022, or Airbus Alert Operators Transmission A32N025-22, Rev 01,
dated May 10, 2023, including Appendixes 1 through 3, dated May
2023.
(4) Where paragraphs (2) and (3) of EASA AD 2023-0093R1 specify
``in accordance with the instructions of the AOT 1,'' replace those
words with ``in accordance with the `Remove and replace BSCU P/N
E21327307' step in paragraph 5.6., `Instructions,' of Airbus Alert
Operators Transmission A32N025-22, Rev 00, dated February 24, 2022,
including Appendixes 1 through 4, dated February 21, 2022, or of
Airbus Alert Operators Transmission A32N025-22, Rev 01, dated May
10, 2023, including Appendixes 1 through 3, dated May 2023.'' No
other actions in Airbus Alert Operators Transmission A32N030-23, Rev
00, dated February 27, 2023, including Appendixes 1 and 2, dated
February 21, 2023 (referenced in EASA AD 2023-0093R1 and not
incorporated by reference in this AD), or Airbus Alert Operators
Transmission A32N025-22, Rev 01, dated May 10, 2023, including
Appendixes 1 through 3, dated May 2023, are required for compliance
for the replacement.
(5) Where paragraph (4) of EASA AD 2023-0093R1 requires
operators to ``implement the instructions of the MMEL [master
minimum equipment list] update,'' this AD requires replacing those
words with ``implement the operator's existing FAA-approved minimum
equipment list (MEL) with the provisions specified in `The MMEL
update' as identified in EASA AD 2023-0093R1.''
(6) Where paragraph (4) of EASA AD 2023-0093R1 specifies to
``inform all flight crews, and, thereafter, operate the airplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.
(7) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0093R1.
(i) No Reporting Requirement
Although certain service information specified in EASA AD 2023-
0093R1 specifies to report certain information and send affected
parts to the manufacturer, this AD does not require those actions.
(j) 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
[[Page 261]]
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 (k) of this AD. Information may be emailed to [email protected].
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office. (ii) AMOCs approved
previously for AD 2022-07-15 are approved as AMOCs for the
corresponding provisions of EASA AD 2023-0093R1 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 (j)(2) of this AD, if any service information 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.
(k) 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
[email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(3) The following service information was approved for IBR on
February 7, 2024.
(i) Airbus Alert Operators Transmission A32N025-22, Rev 01,
dated May 10, 2023, including Appendixes 1 through 3, dated May
2023.
(ii) European Union Aviation Safety Agency (EASA) AD 2023-
0093R1, dated May 15, 2023.
(4) The following service information was approved for IBR on
May 2, 2022 (87 FR 22438, April 15, 2022).
(i) Airbus Alert Operators Transmission A32N025-22, Rev 00,
dated February 24, 2022, including Appendixes 1 through 4, dated
February 21, 2022.
(ii) [Reserved]
(5) For EASA AD 2023-0093R1, 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.
(6) For Airbus service information identified in this AD,
contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93
36 96; fax +33 5 61 93 44 51; email airbus.com">account.airworth-eas@airbus.com;
website airbus.com.
(7) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(8) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-28851 Filed 1-2-24; 8:45 am]
BILLING CODE 4910-13-P
