Airworthiness Directives; Airbus SAS Airplanes, 100734-100737 [2024-29539]
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100734
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations
power off), must be signaled to the crew
during flight.
(e) Dispatch with known failure
conditions. If the rotorcraft is to be
dispatched in a known system failure
condition that affects structural
performance, or that affects the
reliability of the remaining operational
portion of the system to maintain
structural performance, then the
provisions of these special conditions
must be met, including the provisions of
paragraph (b) of these special conditions
for the dispatched condition and
paragraph (c) of these special conditions
for subsequent failures. Expected
operational limitations may be taken
into account in establishing Pj as the
probability of failure occurrence for
determining the safety margin in figure
1. Flight limitations and expected
operational limitations may be taken
into account in establishing Qj as the
combined probability of being in the
dispatched failure condition and the
subsequent failure condition for the
safety margins in figure 2. These
limitations must be such that the
probability of being in this combined
failure state and then subsequently
encountering limit load conditions is
extremely improbable. No reduction in
these safety margins is allowed if the
subsequent system failure rate is greater
than 10¥3 per flight hour.
Issued in Kansas City, Missouri, on
November 21, 2024.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and
Standards Division, Aircraft Certification
Service.
[FR Doc. 2024–27713 Filed 12–12–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–2553; Project
Identifier MCAI–2024–00674–T; Amendment
39–22908; AD 2024–25–06]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
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AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A318 series
airplanes; Model A319–111, –112, –113,
–114, –115, –131, –132, –133, –151N,
SUMMARY:
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16:42 Dec 12, 2024
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–153N, and –171N airplanes; Model
A320 series airplanes; and Model A321
series airplanes. This AD was prompted
by reports of jamming of, or inability to
open, the main landing gear (MLG) door
during maintenance operations. This
AD requires repetitive inspection of the
MLG doors, and, depending on findings,
accomplishment of applicable corrective
actions, and prohibits the installation of
affected parts 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 December
30, 2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 30, 2024.
The FAA must receive comments on
this AD by January 27, 2025.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–2553; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For EASA material identified in this
AD, contact EASA, Konrad-AdenauerUfer 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 at regulations.gov
under Docket No. FAA–2024–2553.
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FOR FURTHER INFORMATION CONTACT:
Timothy P. 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:
Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2024–2553; Project Identifier MCAI–
2024–00674–T’’ at the beginning of your
comments. The most helpful comments
reference a specific portion of the final
rule, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this final rule
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this final rule.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this AD contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this AD,
it is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this AD. Submissions containing CBI
should be sent to Timothy P. Dowling,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 206–231–3667;
email timothy.p.dowling@faa.gov. Any
commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Background
EASA, which is the Technical Agent
for the Member States of the European
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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations
Union, has issued EASA AD 2024–0216,
dated November 15, 2024 (EASA AD
2024–0216) (also referred to as the
MCAI), to correct an unsafe condition
for all Airbus SAS Model A318 series
airplanes; Model A319–111, –112, –113,
–114, –115, –131, –132, –133, –151N,
–153N, and –171N airplanes; Model
A320–211, –212, –214, –215, –216,
–231, –232, –233, –251N, –252N,
–253N, –271N, –272N, and –273N
airplanes; and Model A321 series
airplanes. Model A320–215 airplanes
are not certificated by the FAA and are
not included on the U.S. type certificate
data sheet; this AD therefore does not
include those airplanes in the
applicability. Model A321–253NY
airplanes are not on the U.S. type
certificate data sheet. However, the U.S.
has certificated this model and plans to
add it to the U.S. type certificate data
sheet soon. Therefore, this AD includes
Model A321–253NY airplanes. The
MCAI states that occurrences were
reported of jamming of, or inability to
open, the MLG door during
maintenance operations. Investigations
identified that certain MLG door
actuators may not have been assembled
correctly. The FAA is issuing this AD to
address this condition, which if not
detected and corrected, could prevent
the extension of the MLG, possibly
resulting in significant damage to the
airplane, and potentially causing a fire
that will involve emergency evacuation
of the passengers. You may examine the
MCAI in the AD docket at
regulations.gov under Docket No. FAA–
2024–2553.
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Material Incorporated by Reference
Under 1 CFR Part 51
EASA AD 2024–0216 specifies
procedures for repetitive inspections for
any discrepancy of each affected MLG
door, replacing affected parts, and
eventual replacement of all affected
parts. The discrepancy is defined as any
MLG door actuator that does not meet
all the results specified in the table in
paragraph 5.6.2.2 in the material
referenced in EASA AD 2024–0216.
EASA AD 2024–0216 also prohibits the
installation of affected parts. This
material is reasonably available because
the interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
FAA’s Determination
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
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Jkt 265001
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
is issuing this AD after determining that
the unsafe condition described
previously is likely to exist or develop
on other products of the same type
design.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2024–
0216 described previously, except for
any differences identified as exceptions
in the regulatory text of this AD and
except as discussed under ‘‘Differences
Between This AD and the MCAI.’’
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, EASA AD 2024–0216
is incorporated by reference in this AD.
This AD requires compliance with
EASA AD 2024–0216 in its entirety
through that incorporation, except for
any differences identified as exceptions
in the regulatory text of this AD. Using
common terms that are the same as the
heading of a particular section in EASA
AD 2024–0216 does not mean that
operators need comply only with that
section. For example, where the AD
requirement refers to ‘‘all required
actions and compliance times,’’
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in EASA AD 2024–0216.
Material required by EASA AD 2024–
0216 for compliance will be available at
regulations.gov under Docket No. FAA–
2024–2553 after this AD is published.
100735
However, operators may still do this
optional terminating replacement.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b) of the Administrative
Procedure Act (APA) (5 U.S.C. 551 et
seq.) authorizes agencies to dispense
with notice and comment procedures
for rules when the agency, for ‘‘good
cause,’’ finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under this
section, an agency, upon finding good
cause, may issue a final rule without
providing notice and seeking comment
prior to issuance. Further, section
553(d) of the APA authorizes agencies to
make rules effective in less than thirty
days, upon a finding of good cause.
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies forgoing notice
and comment prior to adoption of this
rule because certain MLG door actuators
may not have been assembled correctly.
This condition, if not detected and
corrected, could prevent the extension
of the MLG, possibly resulting in
significant damage to the airplane, and
potentially causing a fire that will
involve emergency evacuation of the
passengers. Additionally, the
compliance time in this AD is shorter
than the time necessary for the public to
comment and for publication of the final
rule. Accordingly, notice and
opportunity for prior public comment
are impracticable and contrary to the
public interest pursuant to 5 U.S.C.
553(b).
In addition, the FAA finds that good
cause exists pursuant to 5 U.S.C. 553(d)
for making this amendment effective in
less than 30 days, for the same reasons
the FAA found good cause to forgo
notice and comment.
Differences Between This AD and the
MCAI
Regulatory Flexibility Act (RFA)
Paragraph (3) of EASA AD 2024–0216
specifies to replace each affected part
with a serviceable part within 12
months. The FAA is considering
requiring this replacement. However,
the planned compliance time for the
replacement would allow enough time
to provide notice and opportunity for
prior public comment on the merits of
the replacement, and the unsafe
condition is being addressed through
repetitive inspections. Therefore, this
AD does not adopt the requirements of
paragraph (3) of EASA AD 2024–0216.
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
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Costs of Compliance
The FAA estimates that this AD
affects 1,933 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
2 work-hours × $85 per hour = $170 ..........................................................................................
$0
$170
$328,610
ESTIMATED COSTS FOR OPTIONAL ACTIONS
Labor cost
Parts cost
Cost per product
3 work-hours × $85 per hour = $255 ..............................................................................................................
$9,324
$9,579
The FAA estimates the following
costs to do any necessary on-condition
action that would be required based on
the results of any required or optional
actions. The FAA has no way of
determining the number of aircraft that
might need this on-condition action:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per product
7 work-hours × $85 per hour = $595 ..............................................................................................................
$9,324
$9,919
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.
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Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
VerDate Sep<11>2014
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, –232, –251N, –252N,
–253N, –271N, –272N, –251NX, –252NX,
–253NX,–253NY, –271NX, and –272NX
airplanes.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
(d) Subject
Air Transport Association (ATA) of
America Code 32, Landing Gear.
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:
■
2024–25–06 Airbus S.A.S: Amendment 39–
22908; Docket No. FAA–2024–2553;
Project Identifier MCAI–2024–00674–T.
(a) Effective Date
This airworthiness directive (AD) is
effective December 30, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS
airplanes, certificated in any category, as
identified in paragraphs (c)(1) through (4) of
this AD.
(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.
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(e) Unsafe Condition
This AD was prompted by reports of
jamming of, or inability to open, the main
landing gear (MLG) door during maintenance
operations. Investigations identified that
certain MLG door actuators may not have
been assembled correctly. The FAA is issuing
this AD to address this condition, which if
not detected and corrected, could prevent the
extension of the MLG, possibly resulting in
significant damage to the airplane, and
potentially causing a fire that will involve
emergency evacuation of the passengers.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraphs (h) and
(i) of this AD: Comply with all required
actions and compliance times specified in,
and in accordance with, European Union
Aviation Safety Agency (EASA) AD 2024–
0216, dated November 15, 2024 (EASA AD
2024–0216).
(h) Exceptions to EASA AD 2024–0216
(1) Where EASA AD 2024–0216 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2024–0216.
(3) Where EASA AD 2024–0216 defines a
serviceable part as an ‘‘MLG actuator, eligible
for installation in accordance with Airbus
instructions, which is not an affected part,’’
this AD requires replacing that text with
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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations
‘‘MLG actuator, eligible for installation,
which is not an affected part.’’
(4) Where paragraph (1) of EASA AD 2024–
0216 specifies to accomplish an inspection
‘‘in accordance with the instructions of the
AOT’’ this AD requires replacing that text
with ‘‘in accordance with step 5.6.2 of the
instructions of the AOT.’’
(5) Where paragraph (2) of EASA AD 2024–
0216 states ‘‘any discrepancy on an affected
MLG door is detected, as defined in the
AOT’’ this AD requires replacing the text
with a ‘‘any MLG door actuator that does not
meet all the results specified in the table in
paragraph 5.6.2.2 in the referenced AOT is
detected’’.
(6) This AD does not adopt the
requirements specified in paragraph (3) of
EASA AD 2024–0216.
(i) No Reporting or Return of Parts
Requirement
Although the material referenced in EASA
AD 2024–0216 specifies to submit certain
information and send removed parts to the
manufacturer, this AD does not include that
requirement.
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(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
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, send it to the attention of the person
identified in paragraph (k) of this AD and
email to: 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.
(3) Required for Compliance (RC): Except
as required by paragraph (j)(2) of this AD, if
any material contains procedures or tests that
are identified as RC, those procedures and
tests must be done to comply with this AD;
any procedures or tests that are not identified
as RC are recommended. Those procedures
and tests that are not identified as RC may
be deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
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16:42 Dec 12, 2024
Jkt 265001
(k) Additional Information
For more information about this AD,
contact Timothy P. Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 206–
231–3667; email timothy.p.dowling@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as
applicable to do the actions required by this
AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2024–0216, dated November 15,
2024.
(ii) [Reserved]
(3) For EASA material identified 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.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this material 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 December 5, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate
Management Division, Aircraft Certification
Service.
[FR Doc. 2024–29539 Filed 12–11–24; 4:15 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2024–2084; Airspace
Docket No. 24–AGL–14]
RIN 2120–AA66
Establishment of Class E Airspace;
Zeeland, MI
100737
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order JO 7400.11 and publication of
conforming amendments.
ADDRESSES: A copy of the Notice of
Proposed Rulemaking (NPRM), all
comments received, this final rule, and
all background material may be viewed
online at www.regulations.gov using the
FAA Docket number. Electronic
retrieval help and guidelines are
available on the website. It is available
24 hours each day, 365 days each year.
FAA Order JO 7400.11J, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Rebecca Shelby, Federal Aviation
Administration, Operations Support
Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5857.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it establishes
the Class E airspace extending upward
from 700 feet above the surface at
Ottawa Executive Airport, Zeeland, MI,
to support IFR operations at this airport.
AGENCY:
History
This action establishes Class
E airspace at Zeeland, MI. This action is
due to the development of new public
instrument procedures at the Ottawa
Executive Airport, Zeeland, MI, and to
support instrument flight rule (IFR)
operations.
DATES: Effective 0901 UTC, April 17,
2025. The Director of the Federal
The FAA published an NPRM for
Docket No. FAA–2024–2084 in the
Federal Register (89 FR 68376; August
26, 2024) proposing to establish Class E
airspace at Zeeland, MI. Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal to the
FAA. Two comments were received by
the end of the comment period October
10, 2024. One of the anonymous
commenters stated their support for the
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY:
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Agencies
[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Rules and Regulations]
[Pages 100734-100737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29539]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2553; Project Identifier MCAI-2024-00674-T;
Amendment 39-22908; AD 2024-25-06]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A318 series airplanes; Model A319-111, -112, -113, -
114, -115, -131, -132, -133, -151N, -153N, and -171N airplanes; Model
A320 series airplanes; and Model A321 series airplanes. This AD was
prompted by reports of jamming of, or inability to open, the main
landing gear (MLG) door during maintenance operations. This AD requires
repetitive inspection of the MLG doors, and, depending on findings,
accomplishment of applicable corrective actions, and prohibits the
installation of affected parts 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 December 30, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 30,
2024.
The FAA must receive comments on this AD by January 27, 2025.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-2553; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For EASA material identified 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 at regulations.gov under
Docket No. FAA-2024-2553.
FOR FURTHER INFORMATION CONTACT: Timothy P. Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3667; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2024-2553; Project
Identifier MCAI-2024-00674-T'' at the beginning of your comments. The
most helpful comments reference a specific portion of the final rule,
explain the reason for any recommended change, and include supporting
data. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Timothy
P. Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 206-231-3667; email
[email protected]. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European
[[Page 100735]]
Union, has issued EASA AD 2024-0216, dated November 15, 2024 (EASA AD
2024-0216) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS Model A318 series airplanes; Model A319-
111, -112, -113, -114, -115, -131, -132, -133, -151N, -153N, and -171N
airplanes; Model A320-211, -212, -214, -215, -216, -231, -232, -233, -
251N, -252N, -253N, -271N, -272N, and -273N airplanes; and Model A321
series airplanes. Model A320-215 airplanes are not certificated by the
FAA and are not included on the U.S. type certificate data sheet; this
AD therefore does not include those airplanes in the applicability.
Model A321-253NY airplanes are not on the U.S. type certificate data
sheet. However, the U.S. has certificated this model and plans to add
it to the U.S. type certificate data sheet soon. Therefore, this AD
includes Model A321-253NY airplanes. The MCAI states that occurrences
were reported of jamming of, or inability to open, the MLG door during
maintenance operations. Investigations identified that certain MLG door
actuators may not have been assembled correctly. The FAA is issuing
this AD to address this condition, which if not detected and corrected,
could prevent the extension of the MLG, possibly resulting in
significant damage to the airplane, and potentially causing a fire that
will involve emergency evacuation of the passengers. You may examine
the MCAI in the AD docket at regulations.gov under Docket No. FAA-2024-
2553.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0216 specifies procedures for repetitive inspections
for any discrepancy of each affected MLG door, replacing affected
parts, and eventual replacement of all affected parts. The discrepancy
is defined as any MLG door actuator that does not meet all the results
specified in the table in paragraph 5.6.2.2 in the material referenced
in EASA AD 2024-0216. EASA AD 2024-0216 also prohibits the installation
of affected parts. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2024-0216 described previously, except for any differences identified
as exceptions in the regulatory text of this AD and except as discussed
under ``Differences Between This AD and the MCAI.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2024-0216 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2024-0216 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2024-0216 does not mean
that operators need comply only with that section. For example, where
the AD requirement refers to ``all required actions and compliance
times,'' compliance with this AD requirement is not limited to the
section titled ``Required Action(s) and Compliance Time(s)'' in EASA AD
2024-0216. Material required by EASA AD 2024-0216 for compliance will
be available at regulations.gov under Docket No. FAA-2024-2553 after
this AD is published.
Differences Between This AD and the MCAI
Paragraph (3) of EASA AD 2024-0216 specifies to replace each
affected part with a serviceable part within 12 months. The FAA is
considering requiring this replacement. However, the planned compliance
time for the replacement would allow enough time to provide notice and
opportunity for prior public comment on the merits of the replacement,
and the unsafe condition is being addressed through repetitive
inspections. Therefore, this AD does not adopt the requirements of
paragraph (3) of EASA AD 2024-0216. However, operators may still do
this optional terminating replacement.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C.
551 et seq.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because certain MLG door actuators may not have been assembled
correctly. This condition, if not detected and corrected, could prevent
the extension of the MLG, possibly resulting in significant damage to
the airplane, and potentially causing a fire that will involve
emergency evacuation of the passengers. Additionally, the compliance
time in this AD is shorter than the time necessary for the public to
comment and for publication of the final rule. Accordingly, notice and
opportunity for prior public comment are impracticable and contrary to
the public interest pursuant to 5 U.S.C. 553(b).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 1,933 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 100736]]
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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2 work-hours x $85 per hour = $170........................... $0 $170 $328,610
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Estimated Costs for Optional Actions
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Labor cost Parts cost Cost per product
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3 work-hours x $85 per hour = $255 $9,324 $9,579
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The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required or optional actions. The FAA has no way of determining the
number of aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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7 work-hours x $85 per hour = $595 $9,324 $9,919
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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 government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2024-25-06 Airbus S.A.S: Amendment 39-22908; Docket No. FAA-2024-
2553; Project Identifier MCAI-2024-00674-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 30,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes, certificated in any
category, as identified in paragraphs (c)(1) through (4) of this AD.
(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, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX,-253NY, -
271NX, and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
Gear.
(e) Unsafe Condition
This AD was prompted by reports of jamming of, or inability to
open, the main landing gear (MLG) door during maintenance
operations. Investigations identified that certain MLG door
actuators may not have been assembled correctly. The FAA is issuing
this AD to address this condition, which if not detected and
corrected, could prevent the extension of the MLG, possibly
resulting in significant damage to the airplane, and potentially
causing a fire that will involve emergency evacuation of the
passengers.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2024-0216, dated November 15, 2024 (EASA AD 2024-0216).
(h) Exceptions to EASA AD 2024-0216
(1) Where EASA AD 2024-0216 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0216.
(3) Where EASA AD 2024-0216 defines a serviceable part as an
``MLG actuator, eligible for installation in accordance with Airbus
instructions, which is not an affected part,'' this AD requires
replacing that text with
[[Page 100737]]
``MLG actuator, eligible for installation, which is not an affected
part.''
(4) Where paragraph (1) of EASA AD 2024-0216 specifies to
accomplish an inspection ``in accordance with the instructions of
the AOT'' this AD requires replacing that text with ``in accordance
with step 5.6.2 of the instructions of the AOT.''
(5) Where paragraph (2) of EASA AD 2024-0216 states ``any
discrepancy on an affected MLG door is detected, as defined in the
AOT'' this AD requires replacing the text with a ``any MLG door
actuator that does not meet all the results specified in the table
in paragraph 5.6.2.2 in the referenced AOT is detected''.
(6) This AD does not adopt the requirements specified in
paragraph (3) of EASA AD 2024-0216.
(i) No Reporting or Return of Parts Requirement
Although the material referenced in EASA AD 2024-0216 specifies
to submit certain information and send removed parts to the
manufacturer, this AD does not include that requirement.
(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 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, send it to the attention of the
person identified in paragraph (k) of this AD and email to:
[email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any material contains procedures or
tests that are identified as RC, those procedures and tests must be
done to comply with this AD; any procedures or tests that are not
identified as RC are recommended. Those procedures and tests that
are not identified as RC may be deviated from using accepted methods
in accordance with the operator's maintenance or inspection program
without obtaining approval of an AMOC, provided the procedures and
tests identified as RC can be done and the airplane can be put back
in an airworthy condition. Any substitutions or changes to
procedures or tests identified as RC require approval of an AMOC.
(k) Additional Information
For more information about this AD, contact Timothy P. 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 material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0216,
dated November 15, 2024.
(ii) [Reserved]
(3) For EASA material identified 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.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195.
(5) You may view this material 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 5, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-29539 Filed 12-11-24; 4:15 pm]
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