Airworthiness Directives; Airbus SAS Airplanes, 34982-34985 [2024-09339]
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Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules and Regulations
- 21 AIR COND / PRESS - IASC 2B INOP info
-21 AIR COND / PRESS-IASC lB FAULT info
-21 AIR COND / PRESS-IASC 2B FAULT info
(j) Testing and Replacement of Affected
Overheat Detection Sensing Elements
For airplane serial numbers 70005 and
subsequent: Within 3,500 flight hours or 120
months, whichever occurs first, from the
effective date of this AD, test the overheat
detection sensing elements to determine if
they are serviceable, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 700–36–7503, dated
December 23, 2022.
(1) For each sensing element that is
serviceable, before further flight, mark the
sensing element with a witness mark in
accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
700–36–7503, dated December 23, 2022.
(2) For each sensing element that is not
serviceable, before further flight, replace the
sensing element with a serviceable part in
accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
700–36–7503, dated December 23, 2022.
(k) Parts Installation Prohibition
As of the effective date of this AD, no
person may install, on any airplane, any
affected part unless it is a serviceable part.
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(l) No Reporting Requirement
Although Bombardier Service Bulletin
700–36–7503, dated December 23, 2022,
specifies to submit certain information to the
manufacturer, this AD does not include that
requirement.
(m) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to ATTN: Program Manager,
Continuing Operational Safety, at the address
identified in paragraph (n)(2) of this AD or
email to: 9-avs-nyaco-cos@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
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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 March 18, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
(n) Additional Information
DEPARTMENT OF TRANSPORTATION
(1) Refer to Transport Canada AD CF–
2023–18, dated March 9, 2023, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–2139.
(2) For more information about this AD,
contact Steven Dzierzynski, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7300; email: 9-avs-nyaco-cos@faa.gov.
[FR Doc. 2024–09341 Filed 4–30–24; 8:45 am]
BILLING CODE 4910–13–P
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–2240; Project
Identifier MCAI–2023–00936–T; Amendment
39–22717; AD 2024–06–12]
RIN 2120–AA64
(o) 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 700–36–
7503, dated December 23, 2022.
(ii) Liebherr Service Bulletin CFD–F1958–
26–01, dated May 6, 2022.
(3) For Bombardier service information
identified in this AD, contact Bombardier
Business Aircraft Customer Response Center,
400 Coˆte-Vertu Road West, Dorval, Que´bec
H4S 1Y9, Canada; telephone 514–855–2999;
email: ac.yul@aero.bombardier.com; website:
bombardier.com.
(4) For Liebherr-Aerospace Toulouse SAS
service information identified in this AD,
contact Liebherr-Aerospace Toulouse SAS,
408, Avenue des Etats-Unis—B.P.52010,
31016 Toulouse Cedex, France; telephone
+33 (0)5.61.35.28.28; fax +33
(0)5.61.35.29.29; email: techpub.toulouse@
liebherr.com; website: www.liebherr.aero.
(5) 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.
(6) 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.
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Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2021–24–
20, which applied to all Airbus SAS
Model A350–941 and –1041 airplanes,
and AD 2023–03–05, which applied to
certain Airbus SAS Model A350–941
and –1041 airplanes. AD 2021–24–20
required repetitive water drainage and
plug cleaning of the left- and right-hand
slat geared rotary actuators (SGRAs)
having a certain part number installed
on slat 5 track 12 with certain functional
item numbers. AD 2023–03–05 required
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. This AD was
prompted by a determination that new
or more restrictive airworthiness
limitations are necessary. This AD
continues to require certain actions in
AD 2021–24–20 and AD 2023–03–05
and 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
SUMMARY:
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BILLING CODE 4910–13–C
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules and Regulations
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective June 5, 2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of June 5, 2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of March 23, 2023 (88 FR
10011, February 16, 2023).
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of January 27, 2022 (86 FR
72838, December 23, 2021).
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–2240; 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–
2023–2240.
FOR FURTHER INFORMATION CONTACT: Dat
Le, Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516–228–7300;
email 9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
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Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2021–24–20,
Amendment 39–21841 (86 FR 72838,
December 23, 2021) (AD 2021–24–20)
and AD 2023–03–05, Amendment 39–
22330 (88 FR 10011, February 16, 2023)
(AD 2023–03–05). AD 2021–24–20
applied to all Airbus SAS Model A350–
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941 and –1041 airplanes. AD 2021–24–
20 required repetitive water drainage
and plug cleaning of the left- and righthand SGRAs having a certain part
number installed on slat 5 track 12 with
certain functional item numbers. The
FAA issued AD 2021–24–20 to address
SGRA jams, which could result in
reduced control of the airplane.
AD 2023–03–05 applied to certain
Airbus SAS Model A350–941 and –1041
airplanes. AD 2023–03–05 required
revising the existing maintenance or
inspection program, as applicable, to
incorporate additional new or more
restrictive airworthiness limitations.
The FAA issued AD 2023–03–05 to
address an unsafe condition.
The NPRM published in the Federal
Register on December 15, 2023 (88 FR
86840). The NPRM was prompted by
AD 2023–0157, dated July 31, 2023,
issued by EASA, which is the Technical
Agent for the Member States of the
European Union (EASA AD 2023–0157)
(also referred to as the MCAI). The
MCAI states that new or more restrictive
airworthiness limitations have been
developed.
In the NPRM, the FAA proposed to
continue to require certain actions in
AD 2021–24–20 and AD 2023–03–05
and proposed to require revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations, as specified in EASA AD
2023–0157. 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–2023–2240.
Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from
Air Line Pilots Association,
International, who supported the NPRM
without change.
The FAA received additional
comments from Delta Air Lines (DAL).
The following presents the comments
received on the NPRM and the FAA’s
response.
Request for Clarification of
Applicability to Newly Delivered
Airplanes
DAL requested whether airplanes
with an original airworthiness
certificate or original export certificate
of airworthiness issued after June 1,
2023, must continue to comply with AD
2019–20–01, Amendment 39–19754 (84
FR 55495, October 17, 2019) (AD 2019–
20–01), and AD 2021–24–20,
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Amendment 39–21841 (86 FR 72838,
December 23, 2021) (AD 2021–24–20),
since the new AD does not apply to
those airplanes.
The FAA agrees to clarify. For
airworthiness limitation ADs,
applicability is limited to airplanes that
are certificated without the new
airworthiness limitation document and
thus do not apply to airplanes in
production. Hence the AD identifies
airplanes that were certificated on or
before the publication date of the new
airworthiness limitation document (for
most manufacturers). In this case, the
new airworthiness limitation document
was published on June 1, 2023. In the
preamble of the NPRM, the FAA
explained ‘‘Airplanes with an original
airworthiness certificate or original
export certificate of airworthiness
issued after June 1, 2023, must comply
with the airworthiness limitations
specified as part of the approved type
design and referenced on the type
certificate data sheet; this proposed AD
therefore does not include those
airplanes in the applicability.’’ Thus,
those airplanes are no longer required to
comply with AD 2019–20–01 or AD
2021–24–20 after the effective date of
this AD because those operators are
complying with the new airworthiness
limitation document as part of the
approved type design, which addresses
the unsafe condition identified in AD
2019–20–01 and AD 2021–24–20. The
FAA has not changed this AD in this
regard.
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 comments 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 requires EASA AD 2023–
0157. This service information specifies
new or more restrictive airworthiness
limitations for airplane structures and
safe life limits.
This AD also requires EASA AD
2022–0127, dated June 28, 2022, which
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Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules and Regulations
the Director of the Federal Register
approved for incorporation by reference
as of March 23, 2023 (88 FR 10011,
February 16, 2023).
This AD also requires EASA AD
2021–0130R1, dated June 10, 2021,
which the Director of the Federal
Register approved for incorporation by
reference as of January 27, 2022 (86 FR
72838, December 23, 2021).
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 30 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
ESTIMATED COSTS FOR RETAINED ACTIONS FROM AD 2021–24–20
Action
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
Retained actions from AD 2021–24–20 .........
4 work-hours × $85 per hour = $340 .............
$0
$340
$10,200
The FAA estimates the total cost per
operator for the retained actions from
AD 2023–03–05 to be $7,650 (90 workhours × $85 per work-hour).
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.
The FAA estimates the total cost per
operator for the new actions to be
$7,650 (90 work-hours × $85 per workhour).
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Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
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
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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:
a. Removing Airworthiness Directive
(AD) 2021–24–20, Amendment 39–
21841 (86 FR 72838, December 23,
2021); and AD 2023–03–05,
Amendment 39–22330 (88 FR 10011,
February 16, 2023); and
■ b. Adding the following new AD:
■
■
2024–06–12 Airbus SAS: Amendment 39–
22717; Docket No. FAA–2023–2240;
Project Identifier MCAI–2023–00936–T.
(a) Effective Date
This airworthiness directive (AD) is
effective June 5, 2024.
(b) Affected ADs
(1) This AD replaces AD 2021–24–20,
Amendment 39–21841 (86 FR 72838,
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December 23, 2021) (AD 2021–24–20); and
AD 2023–03–05, Amendment 39–22330 (88
FR 10011, February 16, 2023) (AD 2023–03–
05).
(2) This AD affects AD 2019–20–01,
Amendment 39–19754 (84 FR 55495, October
17, 2019) (AD 2019–20–01).
(c) Applicability
This AD applies to Airbus SAS Model
A350–941 and –1041 airplanes, certificated
in any category, with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before June 1, 2023.
(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 hazardous or catastrophic
airplane system failures.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Requirements of AD 2021–24–
20, With No Changes
This paragraph restates the requirements of
paragraph (g) of AD 2021–24–20, with no
changes. 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 2021–0130R1,
dated June 10, 2021 (EASA AD 2021–
0130R1). Accomplishing the revision of the
existing maintenance or inspection program
required by paragraph (m) of this AD
terminates the requirements of this
paragraph.
(h) Retained Exceptions to EASA AD 2021–
0130R1, With No Changes
This paragraph restates the exceptions
specified in paragraph (h) of AD 2021–24–20,
with no changes.
(1) Where EASA AD 2021–0130R1 refers to
‘‘the effective date of the original issue of this
[EASA] AD,’’ this AD requires using January
27, 2022 (the effective date of AD 2021–24–
20).
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(2) The ‘‘Remarks’’ section of EASA AD
2021–0130R1 does not apply to this AD.
(i) Retained No Reporting for EASA AD
2021–0130R1, With No Changes
This paragraph restates the no reporting
requirement of paragraph (i) of AD 2021–24–
20, with no changes. Although the service
information referenced in EASA AD 2021–
0130R1 specifies to submit certain
information to the manufacturer, this AD
does not include that requirement.
(j) Retained Revision of the Existing
Maintenance or Inspection Program, With
No Changes
This paragraph restates the requirements of
paragraph (j) of AD 2023–03–05, with no
changes. For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before May 2, 2022: Except as specified in
paragraph (k) of this AD, comply with all
required actions and compliance times
specified in, and in accordance with, EASA
AD 2022–0127, dated June 28, 2022 (EASA
AD 2022–0127). Accomplishing the revision
of the existing maintenance or inspection
program required by paragraph (m) of this
AD terminates the requirements of this
paragraph.
(k) Retained Exceptions to EASA AD 2022–
0127, With No Changes
This paragraph restates the exceptions
specified in paragraph (k) of AD 2023–03–05,
with no changes.
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2022–
0127 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022–0127
specifies to revise ‘‘the AMP’’ within 12
months after its effective date, but this AD
requires revising the existing maintenance or
inspection program, as applicable, within 90
days after March 23, 2023 (the effective date
of AD 2023–03–05).
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2022–0127 is at the applicable
‘‘limitations’’ as incorporated by the
requirements of paragraph (3) of EASA AD
2022–0127, or within 90 days after March 23,
2023 (the effective date of AD 2023–03–05),
whichever occurs later.
(4) The provisions specified in paragraphs
(4) and (5) of EASA AD 2022–0127 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2022–0127 does not apply to this AD.
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(l) Retained Restrictions on Alternative
Actions and Intervals With a New Exception
This paragraph restates the requirements of
paragraph (l) of AD 2022–0127, with a new
exception. Except as required by paragraph
(m) of this AD, after the existing maintenance
or inspection program has been revised as
required by paragraph (j) 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
2022–0127.
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(m) New Revision of the Existing
Maintenance or Inspection Program
Except as specified in paragraph (n) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2023–0157,
dated July 31, 2023 (EASA AD 2023–0157).
Accomplishing the revision of the existing
maintenance or inspection program required
by this paragraph terminates the
requirements of paragraphs (g) and (j) of this
AD.
(n) Exceptions to EASA AD 2023–0157
(1) This AD does not adopt the
requirements specified in paragraphs (1) and
(2) of EASA AD 2023–0157.
(2) Paragraph (3) of EASA AD 2023–0157
specifies revising ‘‘the AMP’’ within 12
months after its effective date, but this AD
requires revising the existing maintenance or
inspection program, as applicable, within 90
days after the effective date of this AD.
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
2023–0157 is at the applicable ‘‘limitations’’
and ‘‘associated thresholds’’ as incorporated
by the requirements of paragraph (3) of EASA
AD 2023–0157, or within 90 days after the
effective date of this AD, whichever occurs
later.
(4) This AD does not adopt the provisions
specified in paragraphs (4) and (5) of EASA
AD 2023–0157.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0157.
(o) New Provisions for Alternative Actions
and Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (m) 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
2023–0157.
(p) Terminating Action for Certain Tasks
Required by AD 2019–20–01
After the maintenance or inspection
program has been revised as required by
paragraph (j) or (m) of this AD, the repetitive
greasing specified in EASA AD 2018–
0234R1, dated November 13, 2018, and
EASA AD 2018–0234R2, dated September 17,
2019, as required by AD 2019–20–01, is
terminated for thrust reverser actuators,
having part number (P/N) 351D9908–689, P/
N 351D9908–691 or P/N 351D9908–693.
(q) 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 (r) of this AD. Information may be
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34985
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
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.
(r) Additional Information
For more information about this AD,
contact Dat Le, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–228–
7300; email 9-avs-nyaco-cos@faa.gov.
(s) 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 June 5, 2024.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0157, dated July 31, 2023.
(ii) [Reserved]
(4) The following service information was
approved for IBR on March 23, 2023 (88 FR
10011, February 16, 2023).
(i) EASA AD 2022–0127, dated June 28,
2022.
(ii) [Reserved]
(5) The following service information was
approved for IBR on January 27, 2022 (86 FR
72838, December 23, 2021).
(i) EASA AD 2021–0130R1, dated June 10,
2021.
(ii) [Reserved]
(6) For EASA ADs 2021–0130R1, 2022–
0127, and 2023–0157, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email ADs@
easa.europa.eu; website easa.europa.eu. You
may find these EASA ADs on the EASA
website at ad.easa.europa.eu.
(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.
Issued on March 22, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–09339 Filed 4–30–24; 8:45 am]
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]]>Agencies
[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 34982-34985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09339]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2240; Project Identifier MCAI-2023-00936-T;
Amendment 39-22717; AD 2024-06-12]
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) 2021-24-
20, which applied to all Airbus SAS Model A350-941 and -1041 airplanes,
and AD 2023-03-05, which applied to certain Airbus SAS Model A350-941
and -1041 airplanes. AD 2021-24-20 required repetitive water drainage
and plug cleaning of the left- and right-hand slat geared rotary
actuators (SGRAs) having a certain part number installed on slat 5
track 12 with certain functional item numbers. AD 2023-03-05 required
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. This
AD was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. This AD continues to require
certain actions in AD 2021-24-20 and AD 2023-03-05 and 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
[[Page 34983]]
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective June 5, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 5,
2024.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of March
23, 2023 (88 FR 10011, February 16, 2023).
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
January 27, 2022 (86 FR 72838, December 23, 2021).
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2240; 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-2023-2240.
FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-24-20, Amendment 39-21841 (86 FR
72838, December 23, 2021) (AD 2021-24-20) and AD 2023-03-05, Amendment
39-22330 (88 FR 10011, February 16, 2023) (AD 2023-03-05). AD 2021-24-
20 applied to all Airbus SAS Model A350-941 and -1041 airplanes. AD
2021-24-20 required repetitive water drainage and plug cleaning of the
left- and right-hand SGRAs having a certain part number installed on
slat 5 track 12 with certain functional item numbers. The FAA issued AD
2021-24-20 to address SGRA jams, which could result in reduced control
of the airplane.
AD 2023-03-05 applied to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2023-03-05 required revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations. The FAA
issued AD 2023-03-05 to address an unsafe condition.
The NPRM published in the Federal Register on December 15, 2023 (88
FR 86840). The NPRM was prompted by AD 2023-0157, dated July 31, 2023,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2023-0157) (also referred to as the MCAI).
The MCAI states that new or more restrictive airworthiness limitations
have been developed.
In the NPRM, the FAA proposed to continue to require certain
actions in AD 2021-24-20 and AD 2023-03-05 and proposed to require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations, as
specified in EASA AD 2023-0157. 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-2023-2240.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International, who supported the NPRM without change.
The FAA received additional comments from Delta Air Lines (DAL).
The following presents the comments received on the NPRM and the FAA's
response.
Request for Clarification of Applicability to Newly Delivered Airplanes
DAL requested whether airplanes with an original airworthiness
certificate or original export certificate of airworthiness issued
after June 1, 2023, must continue to comply with AD 2019-20-01,
Amendment 39-19754 (84 FR 55495, October 17, 2019) (AD 2019-20-01), and
AD 2021-24-20, Amendment 39-21841 (86 FR 72838, December 23, 2021) (AD
2021-24-20), since the new AD does not apply to those airplanes.
The FAA agrees to clarify. For airworthiness limitation ADs,
applicability is limited to airplanes that are certificated without the
new airworthiness limitation document and thus do not apply to
airplanes in production. Hence the AD identifies airplanes that were
certificated on or before the publication date of the new airworthiness
limitation document (for most manufacturers). In this case, the new
airworthiness limitation document was published on June 1, 2023. In the
preamble of the NPRM, the FAA explained ``Airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued after June 1, 2023, must comply with the
airworthiness limitations specified as part of the approved type design
and referenced on the type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability.''
Thus, those airplanes are no longer required to comply with AD 2019-20-
01 or AD 2021-24-20 after the effective date of this AD because those
operators are complying with the new airworthiness limitation document
as part of the approved type design, which addresses the unsafe
condition identified in AD 2019-20-01 and AD 2021-24-20. The FAA has
not changed this AD in this regard.
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
comments 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 requires EASA AD 2023-0157. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
This AD also requires EASA AD 2022-0127, dated June 28, 2022, which
[[Page 34984]]
the Director of the Federal Register approved for incorporation by
reference as of March 23, 2023 (88 FR 10011, February 16, 2023).
This AD also requires EASA AD 2021-0130R1, dated June 10, 2021,
which the Director of the Federal Register approved for incorporation
by reference as of January 27, 2022 (86 FR 72838, December 23, 2021).
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 30 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Retained Actions From AD 2021-24-20
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-24-20. 4 work-hours x $85 per $0 $340 $10,200
hour = $340.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the total cost per operator for the retained
actions from AD 2023-03-05 to be $7,650 (90 work-hours x $85 per work-
hour).
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.
The FAA estimates the total cost per operator for the new actions
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:
0
a. Removing Airworthiness Directive (AD) 2021-24-20, Amendment 39-21841
(86 FR 72838, December 23, 2021); and AD 2023-03-05, Amendment 39-22330
(88 FR 10011, February 16, 2023); and
0
b. Adding the following new AD:
2024-06-12 Airbus SAS: Amendment 39-22717; Docket No. FAA-2023-2240;
Project Identifier MCAI-2023-00936-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 5, 2024.
(b) Affected ADs
(1) This AD replaces AD 2021-24-20, Amendment 39-21841 (86 FR
72838, December 23, 2021) (AD 2021-24-20); and AD 2023-03-05,
Amendment 39-22330 (88 FR 10011, February 16, 2023) (AD 2023-03-05).
(2) This AD affects AD 2019-20-01, Amendment 39-19754 (84 FR
55495, October 17, 2019) (AD 2019-20-01).
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before June 1, 2023.
(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 hazardous or catastrophic airplane system
failures.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Requirements of AD 2021-24-20, With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2021-24-20, with no changes. 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 2021-0130R1, dated June 10, 2021 (EASA AD 2021-
0130R1). Accomplishing the revision of the existing maintenance or
inspection program required by paragraph (m) of this AD terminates
the requirements of this paragraph.
(h) Retained Exceptions to EASA AD 2021-0130R1, With No Changes
This paragraph restates the exceptions specified in paragraph
(h) of AD 2021-24-20, with no changes.
(1) Where EASA AD 2021-0130R1 refers to ``the effective date of
the original issue of this [EASA] AD,'' this AD requires using
January 27, 2022 (the effective date of AD 2021-24-20).
[[Page 34985]]
(2) The ``Remarks'' section of EASA AD 2021-0130R1 does not
apply to this AD.
(i) Retained No Reporting for EASA AD 2021-0130R1, With No Changes
This paragraph restates the no reporting requirement of
paragraph (i) of AD 2021-24-20, with no changes. Although the
service information referenced in EASA AD 2021-0130R1 specifies to
submit certain information to the manufacturer, this AD does not
include that requirement.
(j) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes
This paragraph restates the requirements of paragraph (j) of AD
2023-03-05, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before May 2, 2022: Except as specified
in paragraph (k) of this AD, comply with all required actions and
compliance times specified in, and in accordance with, EASA AD 2022-
0127, dated June 28, 2022 (EASA AD 2022-0127). Accomplishing the
revision of the existing maintenance or inspection program required
by paragraph (m) of this AD terminates the requirements of this
paragraph.
(k) Retained Exceptions to EASA AD 2022-0127, With No Changes
This paragraph restates the exceptions specified in paragraph
(k) of AD 2023-03-05, with no changes.
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0127 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022-0127 specifies to revise ``the
AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, within 90 days after March 23, 2023 (the effective date
of AD 2023-03-05).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0127 is at the applicable
``limitations'' as incorporated by the requirements of paragraph (3)
of EASA AD 2022-0127, or within 90 days after March 23, 2023 (the
effective date of AD 2023-03-05), whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0127 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2022-0127 does not apply
to this AD.
(l) Retained Restrictions on Alternative Actions and Intervals With a
New Exception
This paragraph restates the requirements of paragraph (l) of AD
2022-0127, with a new exception. Except as required by paragraph (m)
of this AD, after the existing maintenance or inspection program has
been revised as required by paragraph (j) 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 2022-0127.
(m) New Revision of the Existing Maintenance or Inspection Program
Except as specified in paragraph (n) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0157, dated July 31, 2023 (EASA AD
2023-0157). Accomplishing the revision of the existing maintenance
or inspection program required by this paragraph terminates the
requirements of paragraphs (g) and (j) of this AD.
(n) Exceptions to EASA AD 2023-0157
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0157.
(2) Paragraph (3) of EASA AD 2023-0157 specifies revising ``the
AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, within 90 days after the effective date of this AD.
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2023-0157 is at the applicable ``limitations''
and ``associated thresholds'' as incorporated by the requirements of
paragraph (3) of EASA AD 2023-0157, or within 90 days after the
effective date of this AD, whichever occurs later.
(4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2023-0157.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0157.
(o) New Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (m) 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 2023-0157.
(p) Terminating Action for Certain Tasks Required by AD 2019-20-01
After the maintenance or inspection program has been revised as
required by paragraph (j) or (m) of this AD, the repetitive greasing
specified in EASA AD 2018-0234R1, dated November 13, 2018, and EASA
AD 2018-0234R2, dated September 17, 2019, as required by AD 2019-20-
01, is terminated for thrust reverser actuators, having part number
(P/N) 351D9908-689, P/N 351D9908-691 or P/N 351D9908-693.
(q) 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 (r) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(r) Additional Information
For more information about this AD, contact Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7300; email [email protected].
(s) 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
June 5, 2024.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0157,
dated July 31, 2023.
(ii) [Reserved]
(4) The following service information was approved for IBR on
March 23, 2023 (88 FR 10011, February 16, 2023).
(i) EASA AD 2022-0127, dated June 28, 2022.
(ii) [Reserved]
(5) The following service information was approved for IBR on
January 27, 2022 (86 FR 72838, December 23, 2021).
(i) EASA AD 2021-0130R1, dated June 10, 2021.
(ii) [Reserved]
(6) For EASA ADs 2021-0130R1, 2022-0127, and 2023-0157, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 8999 000; email [email protected]; website easa.europa.eu. You
may find these EASA ADs on the EASA website at ad.easa.europa.eu.
(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 March 22, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-09339 Filed 4-30-24; 8:45 am]
BILLING CODE 4910-13-P
