[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Rules and Regulations]
[Pages 76416-76418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27018]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1165; Project Identifier MCAI-2022-00700-T; 
Amendment 39-22254; AD 2022-24-14]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-12-
11, which applied to all Airbus SAS Model A319-111, -112, -113, -114, -
115, -151N, and -153N airplanes; Model A320-251N, -252N, -253N, -271N, 
-272N, and -273N airplanes; and Model A321-251N, -251NX, -252N, -252NX, 
-253N, -253NX, -271N, -271NX, -272N, and -272NX airplanes. AD 2020-12-
11 required revising the existing airplane flight manual (AFM) to limit 
the use of speed brakes in certain airplane configurations, as 
specified in a European Union Aviation Safety Agency (EASA) AD. This AD 
was prompted by a non-stabilized approach followed by an automatic go-
around that led to an airplane pitch-up attitude and resulted in an 
auto-pilot disconnection. This AD continues to require the actions in 
AD 2020-12-11 and also requires, for certain airplanes, installing 
updated FG 3G standard software for the FMGC, and prohibits the 
installation of affected FG standards, as specified in an 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 January 18, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 18, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1165; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; website easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2022-1165.

FOR FURTHER INFORMATION CONTACT: Hye Yoon Jang, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 817-222-5584; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-12-11, Amendment 39-19920 (85 FR 
41177, July 9, 2020) (AD 2020-12-11). AD 2020-12-11 applied to all 
Airbus SAS Model A319-111, -112, -113, -114, -115, -151N, and -153N 
airplanes; Model A320-251N, -252N, -253N, -271N, -272N, and -273N 
airplanes; and Model A321-251N, -251NX, -252N, -252NX, -253N, -253NX, -
271N, -271NX, -272N, and -272NX airplanes. AD 2020-12-11 required 
revising the existing airplane flight manual (AFM) and applicable 
corresponding operational procedures to limit the use of speed brakes 
in certain airplane configurations. The FAA issued AD 2020-12-11 to 
address certain airplane configurations, which could result in auto-
pilot disconnection and high angle of attack, and consequent increased 
workload for the flightcrew during a critical phase of flight, and 
possible loss of control of the airplane.
    The NPRM published in the Federal Register on September 19, 2022 
(87 FR 57150). The NPRM was prompted by AD 2022-0096, dated May 31, 
2022, issued by EASA (EASA AD 2022-0096) (referred to after this as the 
MCAI). The MCAI states that a non-stabilized approach followed by an 
automatic go-around led to an airplane pitch-up attitude and resulted 
in an auto-pilot disconnection. The development of updated FG 3G 
standard software for the flight management and guidance computer 
(FMGC) will address certain airplane configurations that could result 
in autopilot disconnection and high angle of attack, and consequent 
increased workload for the flightcrew during a critical phase of 
flight, and possible loss of control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1165.
    In the NPRM, the FAA proposed to continue to require revising the 
existing airplane flight manual (AFM) and applicable corresponding 
operational procedures to limit the use of speed brakes in certain 
airplane configurations. The NPRM also proposed to require installing 
updated FG 3G standard software for certain airplanes, and to prohibit 
the installation of affected FG standards, as specified in EASA AD 
2022-0096. The FAA is issuing this AD to address certain airplane 
configurations that could result in auto-pilot disconnection and high 
angle of attack, and consequent increased workload for the flightcrew 
during a critical phase of flight, and possible loss of control of the 
airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association, 
International, who supported the NPRM without change.

Conclusion

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described

[[Page 76417]]

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

    EASA AD 2022-0096 specifies procedures for revising the existing 
AFM to limit the use of speed brakes in certain landing conditions, and 
updating the FG 3G standard software for the FMGC for certain 
airplanes. EASA AD 2022-0096 also prohibits the installation of 
affected FG standards. 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.

Interim Action

    The FAA considers that this AD is an interim action. If final 
action is later identified, the FAA might consider further rulemaking 
then.

Costs of Compliance

    The FAA estimates that this AD affects 693 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
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Retained actions from AD          1 work-hour x $85   $0................  $85...............  $58,905
 2020[dash]12[dash]11.             per hour = $85.
Software update.................  Up to 5             Up to $570........  Up to $995........  Up to $689,535
                                   work[dash]hours x
                                   $85 per hour =
                                   $425.
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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,
    (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 2020-12-11, Amendment 39-19920 (85 
FR 41177, July 9, 2020); and
0
b. Adding the following new airworthiness directive:

2022-24-14 Airbus SAS: Amendment 39-22254; Docket No. FAA-2022-1165; 
Project Identifier MCAI-2022-00700-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 18, 2023.

(b) Affected ADs

    This AD replaces AD 2020-12-11, Amendment 39-19920 (85 FR 41177, 
July 9, 2020) (AD 2020-12-11).

(c) Applicability

    This AD applies to all Airbus SAS Model airplanes identified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category.
    (1) Model A319-111, -112, -113, -114, -115, -151N, and -153N 
airplanes.
    (2) Model A320-251N, -252N, -253N, -271N, -272N, and -273N 
airplanes.
    (3) Model A321-251N, -251NX, -252N, -252NX, -253N, -253NX, -
271N, -271NX, -272N, and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto Flight.

(e) Unsafe Condition

    This AD was prompted by a report of a non-stabilized approach 
followed by an automatic go-around, which led to an airplane pitch-
up attitude and resulted in an auto-pilot disconnection. This AD was 
further prompted by the need for updated flight guidance (FG) 3G 
standard software for the flight management and guidance computer 
(FMGC) on certain airplanes. The FAA is issuing this AD to address 
certain airplane configurations that could result in auto-pilot 
disconnection and high angle of attack, and consequent increased 
workload for the flightcrew during a critical phase of flight, and 
possible loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2022-0096, dated May 31, 2022 (EASA AD 2022-0096).

(h) Exceptions to EASA AD 2022-0096

    (1) Where EASA AD 2022-0096 refers to ``the effective date of 
EASA AD 2020-0118,'' this AD requires using July 24, 2020 (the 
effective date of AD 2020-12-11).

[[Page 76418]]

    (2) Where EASA AD 2022-0096 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2022-0096 specifies to 
``inform all flight crews, and, thereafter, operate the aeroplane 
accordingly,'' this AD does not require those actions as those 
actions are already required by existing FAA operating regulations 
(see 14 CFR 91.9, 14 CFR 91.505, and 14 CFR 121.137).
    (4) The ``Remarks'' section of EASA AD 2022-0096 does not apply 
to this AD.

(i) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (j) of this 
AD. Information may be emailed to [email protected]. 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, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or Airbus 
SAS's EASA Design Organization Approval (DOA). If approved by the 
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraph (i)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Hye Yoon Jang, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 817-222-5584; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0096, 
dated May 31, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0096, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-27018 Filed 12-13-22; 8:45 am]
BILLING CODE 4910-13-P