Airworthiness Directives; Airbus SAS Airplanes, 18769-18771 [2024-05491]
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Federal Register / Vol. 89, No. 52 / Friday, March 15, 2024 / Rules and Regulations
required for normal and emergency
operations.
(b) Onset characteristics of each
envelope protection function must be
appropriate to the phase of flight and
type of maneuver and must not conflict
with the ability of the pilot to
satisfactorily control the airplane flight
path, speed, or attitude.
(c) Excursions of a limited flight
parameter beyond its nominal design
limit value due to dynamic
maneuvering, airframe and system
tolerances, and non-steady atmospheric
conditions must not result in unsafe
flight characteristics or conditions.
(d) Operation of envelope protection
functions must not adversely affect
aircraft control during expected levels of
atmospheric disturbances, nor impede
the application of recovery procedures
in case of windshear.
(e) Simultaneous activation of
envelope protection functions must not
result in adverse coupling or adverse
priority.
(f) In case of abnormal attitude or
excursion of any flight parameters
outside the protected boundaries,
operation of envelope protection
functions must not hinder airplane
recovery.
Issued in Kansas City, Missouri, on March
12, 2024.
James David Foltz,
Manager, Technical Policy Branch, Policy and
Standards Division, Aircraft Certification
Service.
[FR Doc. 2024–05661 Filed 3–13–24; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1995; Project
Identifier MCAI–2023–00905–T; Amendment
39–22682; AD 2024–04–03]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A318, A319, A320,
and A321 series airplanes. This AD was
prompted by a determination that new
or more restrictive airworthiness
limitations are necessary. This AD
requires revising the existing
maintenance or inspection program, as
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
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Jkt 262001
applicable, to incorporate new or more
restrictive airworthiness limitations, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective April 19,
2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 19, 2024.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1995; 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 that is
incorporated by reference 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–
2023–1995.
FOR FURTHER INFORMATION CONTACT:
Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590;
telephone 817–222–5102; email
timothy.p.dowling@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Model A318–111, –112,
–121, and –122; A319–111, –112, –113,
–114, –115, –131, –132, –133, –151N,
–153N, and –171N; A320–211, –212,
–214, –216, –231, –232, –233, –251N,
–252N, –253N, –271N, –272N, and
–273N; and A321–111, –112, –131,
–211, –212, –213, –231, –232, –251N,
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Sfmt 4700
18769
–251NX, –252N, –252NX, –253N,
–253NX, –271N, –271NX, –272N, and
–272NX airplanes. The NPRM
published in the Federal Register on
October 17, 2023 (88 FR 71506). The
NPRM was prompted by AD 2023–0151,
dated July 25, 2023 (EASA AD 2023–
0151) (also referred to as the MCAI),
issued by EASA, which is the Technical
Agent for the Member States of the
European Union. The MCAI states that
new or more restrictive airworthiness
limitations have been developed.
In the NPRM, the FAA proposed to
require a task (limitation) related to the
center wing box front spar stiffeners
already in Airbus A318/A319/A320/
A321 ALS Part 2 DT–ALI Revision 09 or
A318/A319/A320/A321 ALS Part 2 DT–
ALI Revision 09 Variation 9.2 that are
required by EASA AD 2022–0085 and
EASA AD 2023–0008 respectively
(which correspond to FAA AD 2023–
13–10, Amendment 39–22495 (88 FR
50005, August 1, 2023) (AD 2023–13–
10)), and that incorporation of EASA AD
2023–0151 invalidates (terminates) prior
instructions for that task. This AD
therefore terminates the limitations for
tasks identified in the service
information referenced in EASA AD
2023–0151 only, as required by
paragraph (o) of AD 2023–13–10.
The FAA is issuing this AD to address
fatigue cracking, accidental damage, or
corrosion in principal structural
elements, which could result in reduced
structural integrity of the airplane. You
may examine the MCAI in the AD
docket at regulations.gov under Docket
No. FAA–2023–1995.
Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from
United Airlines (UAL). The following
presents the comment received on the
NPRM and the FAA’s response.
Request To Allow Extensions to Certain
Compliance Times
UAL requested that the AD allow
extensions provided in an Airbus
approved Airbus Statement of
Airworthiness Compliance (ASAC),
when it supports extensions to
compliance time of specified ALS part
2 tasks, as an alternative method of
compliance (AMOC). UAL noted that
Airbus does not have the authority for
Design Organization Approval
signatures on ASACs, and that Airbus
analysis and technical substantiations
justifying the extensions provided in an
ASAC provide an acceptable level of
safety to ensure that the structural
integrity of the aircraft is maintained.
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18770
Federal Register / Vol. 89, No. 52 / Friday, March 15, 2024 / Rules and Regulations
The FAA does not agree since the
FAA needs to review each individual
extension request, which can then be
supported through the AMOC process,
provided sufficient justification is
available. Sufficient justification,
supported by an acceptable level of
safety, is needed to grant such a request.
In such situations, the operator should
work with the FAA as early as possible.
This AD has not been changed with
regard to this request.
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.
khammond on DSKJM1Z7X2PROD with RULES
Related Service Information Under 1
CFR Part 51
The FAA reviewed EASA AD 2023–
0151, which specifies new or more
restrictive airworthiness limitations for
airplane structures and safe life limits.
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 1,680 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours per operator, although the agency
recognizes that this number may vary
from operator to operator. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
is more accurate than a per-airplane
estimate. Therefore, the agency
estimates the average total cost per
operator to be $7,650 (90 work-hours ×
$85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
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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
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:
■
2024–04–03 Airbus SAS: Amendment 39–
22682; Docket No. FAA–2023–1995;
Project Identifier MCAI–2023–00905–T.
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
(a) Effective Date
This airworthiness directive (AD) is
effective April 19, 2024.
(b) Affected ADs
This AD affects AD 2023–13–10,
Amendment 39–22495 (88 FR 50005, August
1, 2023) (AD 2023–13–10).
(c) Applicability
This AD applies to Airbus SAS airplanes
specified in paragraphs (c)(1) through (4) of
this AD, certificated in any category, with an
original airworthiness certificate or original
export certificate of airworthiness issued on
or before May 12, 2023.
(1) Model A318–111, –112, –121, and –122
airplanes.
(2) Model A319–111, –112, –113, –114,
–115, –131, –132, –133, –151N, –153N, and
–171N airplanes.
(3) Model A320–211, –212, –214, –216,
–231, –232, –233, –251N, –252N, –253N,
–271N, –272N, and –273N airplanes.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, –232, –251N, –251NX,
–252N, –252NX, –253N, –253NX, –271N,
–271NX, –272N, and –272NX airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Unsafe Condition
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address fatigue cracking,
accidental damage, or corrosion in principal
structural elements, which could result in
reduced structural integrity 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 2023–0151, dated
July 25, 2023 (EASA AD 2023–0151).
(h) Exceptions to EASA AD 2023–0151
(1) This AD does not adopt the
requirements specified in paragraph (1) and
(2) of EASA AD 2023–0151.
(2) Where paragraph (3) of EASA AD 2023–
0151 specifies ‘‘Within 12 months after the
effective date of this AD, revise the approved
AMP,’’ this AD requires replacing that text
with ‘‘Within 90 days after the effective date
of this AD, revise the existing maintenance
or inspection program, as applicable.’’
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2023–0151 is at the applicable
‘‘associated thresholds’’ as incorporated by
the requirements of paragraph (3) of EASA
AD 2023–0151, or within 90 days after the
effective date of this AD, whichever occurs
later.
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Federal Register / Vol. 89, No. 52 / Friday, March 15, 2024 / Rules and Regulations
(4) This AD does not adopt the provisions
specified in paragraph (4) of EASA AD 2023–
0151.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0151.
(i) Provisions for Alternative Actions and
Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) and
intervals are allowed unless they are
approved as specified in the provisions of the
‘‘Ref. Publications’’ section of EASA AD
2023–0151.
(j) Terminating Action for Certain Tasks
Required by AD 2023–13–10
Accomplishing the actions required by this
AD terminates the corresponding
requirements of AD 2023–13–10 for the tasks
identified in the service information
referenced in EASA AD 2023–0151 only.
(k) 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 (l) 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 local flight standards district office/
certificate holding district 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.
khammond on DSKJM1Z7X2PROD with RULES
(l) Additional Information
For more information about this AD,
contact Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 817–
222–5102; email timothy.p.dowling@faa.gov.
(m) 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 2023–0151, dated July 25, 2023.
(ii) [Reserved]
(3) For EASA AD 2023–0151, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
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16:00 Mar 14, 2024
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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 that is
incorporated by reference at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
18771
This AD is effective April 1,
2024. Emergency AD 2024–05–51,
issued on February 28, 2024, which
contained the requirements of this
amendment, was effective with actual
notice.
The Director of the Federal Register
approved the incorporation by reference
of certain publications identified in this
AD as of April 1, 2024.
The FAA must receive comments on
this AD by April 29, 2024.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
Issued on March 11, 2024.
• Federal eRulemaking Portal: Go to
Victor Wicklund,
regulations.gov. Follow the instructions
Deputy Director, Compliance & Airworthiness for submitting comments.
Division, Aircraft Certification Service.
• Fax: (202) 493–2251.
[FR Doc. 2024–05491 Filed 3–14–24; 8:45 am]
• Mail: U.S. Department of
BILLING CODE 4910–13–P
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
DEPARTMENT OF TRANSPORTATION Washington, DC 20590.
• Hand Delivery: Deliver to Mail
Federal Aviation Administration
address above between 9 a.m. and 5
p.m., Monday through Friday, except
14 CFR Part 39
Federal holidays.
[Docket No. FAA–2024–0465; Project
AD Docket: You may examine the AD
Identifier AD–2024–00139–E,R; Amendment docket at regulations.gov under Docket
39–22702; AD 2024–05–51]
No. FAA–2024–0465; or in person at
Docket Operations between 9 a.m. and
RIN 2120–AA64
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
Airworthiness Directives; General
contains this final rule, any comments
Electric Company Engines, and
Various Restricted Category Rotorcraft received, and other information. The
street address for Docket Operations is
AGENCY: Federal Aviation
listed above.
Administration (FAA), DOT.
Material Incorporated by Reference:
ACTION: Final rule; request for
• For service information that is
comments.
incorporated by reference, contact
General Electric Company, 1 Neumann
SUMMARY: The FAA is adopting a new
Way, Cincinnati, OH 45215; phone:
airworthiness directive (AD) for certain
(513) 552–3272; email:
General Electric Company (GE) Model
aviation.fleetsupport@ge.com; website:
CT7–2E1, CT7–2F1, CT7–8A, CT7–8E,
CT7–8F5 engines, and various restricted ge.com.
• You may view this service
category helicopters with GE Model
information
that is incorporated by
T700–GE–700,–701A, –701C, –701D/CC,
reference at the FAA, Airworthiness
–701D, –401, –401C, CT7–2D or CT7–
Products Section, Operational Safety
2D1 engines installed. This AD was
Branch, 1200 District Avenue,
prompted by at least four reports of
Burlington, MA 01803. For information
failures of the torque reference tube
magnetic insert braze joint of the power on the availability of this material at the
FAA, call (817) 222–5110. It is also
turbine drive shaft assembly within the
available at regulations.gov under
last several months. This AD requires a
Docket No. FAA–2024–0465.
phase array ultrasonic inspection of the
FOR FURTHER INFORMATION CONTACT:
torque reference tube magnetic insert
Barbara Caufield, Aviation Safety
braze joint of the power turbine drive
Engineer, FAA, 2200 South 216th Street,
shaft assembly for inadequate braze
Des Moines, WA 98198; phone: (781)
coverage, and repair or replacement of
238–7146; email: barbara.caufield@
the power turbine drive shaft assembly
faa.gov.
if necessary. The FAA previously sent
an emergency AD to all known U.S.
SUPPLEMENTARY INFORMATION:
owners and operators of these engines
Comments
Invited
and helicopters and is now issuing this
AD to address the unsafe condition on
The FAA invites you to send any
these products.
written data, views, or arguments about
PO 00000
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DATES:
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Agencies
[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Rules and Regulations]
[Pages 18769-18771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05491]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1995; Project Identifier MCAI-2023-00905-T;
Amendment 39-22682; AD 2024-04-03]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A318, A319, A320, and A321 series airplanes.
This AD was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. This AD requires revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective April 19, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 19,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1995; 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 that is incorporated by
reference 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-2023-1995.
FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 817-222-5102; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Model A318-111,
-112, -121, and -122; A319-111, -112, -113, -114, -115, -131, -132, -
133, -151N, -153N, and -171N; A320-211, -212, -214, -216, -231, -232, -
233, -251N, -252N, -253N, -271N, -272N, and -273N; and A321-111, -112,
-131, -211, -212, -213, -231, -232, -251N, -251NX, -252N, -252NX, -
253N, -253NX, -271N, -271NX, -272N, and -272NX airplanes. The NPRM
published in the Federal Register on October 17, 2023 (88 FR 71506).
The NPRM was prompted by AD 2023-0151, dated July 25, 2023 (EASA AD
2023-0151) (also referred to as the MCAI), issued by EASA, which is the
Technical Agent for the Member States of the European Union. The MCAI
states that new or more restrictive airworthiness limitations have been
developed.
In the NPRM, the FAA proposed to require a task (limitation)
related to the center wing box front spar stiffeners already in Airbus
A318/A319/A320/A321 ALS Part 2 DT-ALI Revision 09 or A318/A319/A320/
A321 ALS Part 2 DT-ALI Revision 09 Variation 9.2 that are required by
EASA AD 2022-0085 and EASA AD 2023-0008 respectively (which correspond
to FAA AD 2023-13-10, Amendment 39-22495 (88 FR 50005, August 1, 2023)
(AD 2023-13-10)), and that incorporation of EASA AD 2023-0151
invalidates (terminates) prior instructions for that task. This AD
therefore terminates the limitations for tasks identified in the
service information referenced in EASA AD 2023-0151 only, as required
by paragraph (o) of AD 2023-13-10.
The FAA is issuing this AD to address fatigue cracking, accidental
damage, or corrosion in principal structural elements, which could
result in reduced structural integrity of the airplane. You may examine
the MCAI in the AD docket at regulations.gov under Docket No. FAA-2023-
1995.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from United Airlines (UAL). The
following presents the comment received on the NPRM and the FAA's
response.
Request To Allow Extensions to Certain Compliance Times
UAL requested that the AD allow extensions provided in an Airbus
approved Airbus Statement of Airworthiness Compliance (ASAC), when it
supports extensions to compliance time of specified ALS part 2 tasks,
as an alternative method of compliance (AMOC). UAL noted that Airbus
does not have the authority for Design Organization Approval signatures
on ASACs, and that Airbus analysis and technical substantiations
justifying the extensions provided in an ASAC provide an acceptable
level of safety to ensure that the structural integrity of the aircraft
is maintained.
[[Page 18770]]
The FAA does not agree since the FAA needs to review each
individual extension request, which can then be supported through the
AMOC process, provided sufficient justification is available.
Sufficient justification, supported by an acceptable level of safety,
is needed to grant such a request. In such situations, the operator
should work with the FAA as early as possible. This AD has not been
changed with regard to this request.
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
The FAA reviewed EASA AD 2023-0151, which specifies new or more
restrictive airworthiness limitations for airplane structures and safe
life limits. 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 1,680 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the agency estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2024-04-03 Airbus SAS: Amendment 39-22682; Docket No. FAA-2023-1995;
Project Identifier MCAI-2023-00905-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 19, 2024.
(b) Affected ADs
This AD affects AD 2023-13-10, Amendment 39-22495 (88 FR 50005,
August 1, 2023) (AD 2023-13-10).
(c) Applicability
This AD applies to Airbus SAS airplanes specified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before May 12, 2023.
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, accidental damage, or
corrosion in principal structural elements, which could result in
reduced structural integrity 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
2023-0151, dated July 25, 2023 (EASA AD 2023-0151).
(h) Exceptions to EASA AD 2023-0151
(1) This AD does not adopt the requirements specified in
paragraph (1) and (2) of EASA AD 2023-0151.
(2) Where paragraph (3) of EASA AD 2023-0151 specifies ``Within
12 months after the effective date of this AD, revise the approved
AMP,'' this AD requires replacing that text with ``Within 90 days
after the effective date of this AD, revise the existing maintenance
or inspection program, as applicable.''
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0151 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2023-0151, or within 90 days after the effective date of
this AD, whichever occurs later.
[[Page 18771]]
(4) This AD does not adopt the provisions specified in paragraph
(4) of EASA AD 2023-0151.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0151.
(i) Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2023-0151.
(j) Terminating Action for Certain Tasks Required by AD 2023-13-10
Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2023-13-10 for the tasks identified
in the service information referenced in EASA AD 2023-0151 only.
(k) 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 (l) 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 local flight standards district office/
certificate holding district 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.
(l) Additional Information
For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 817-222-5102; email
[email protected].
(m) 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 2023-0151,
dated July 25, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0151, 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 that is incorporated by reference
at the FAA, Airworthiness Products Section, Operational Safety
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on March 11, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-05491 Filed 3-14-24; 8:45 am]
BILLING CODE 4910-13-P