[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Rules and Regulations]
[Pages 15269-15271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04955]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 / Rules 
and Regulations  

[[Page 15269]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1300; Project Identifier MCAI-2022-00663-T; 
Amendment 39-22318; AD 2023-02-11]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A321-251NX, A321-252NX, A321-253NX, A321-271NX 
and A321-272NX airplanes. This AD was prompted by an emergency exit 
slide deployment test on an Airbus Cabin Flex (ACF) overwing emergency 
exit, the emergency exit slide did not deploy due to disconnected slide 
release cable junction. This AD requires a one-time detailed inspection 
of the installation of the ACF overwing emergency exit slide release 
mechanism for discrepancies, and applicable corrective actions, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective April 17, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 17, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1300; 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-2022-1300.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 206-231-3229; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus SAS 
Model A321-251NX, A321-252NX, A321-253NX, A321-271NX and A321-272NX 
airplanes. The NPRM published in the Federal Register on October 21, 
2022 (87 FR 63968). The NPRM was prompted by AD 2022-0090, dated May 
18, 2022, issued by EASA, which is the Technical Agent for the Member 
States of the European Union (EASA AD 2022-0090) (also referred to as 
the MCAI). The MCAI states that during an emergency exit slide 
deployment test on an Airbus SAS Model A321neo ACF overwing emergency 
exit, the emergency exit slide did not deploy. The investigation 
identified that the slide release mechanism cable junction was 
disconnected inside the surrounding collets and knurled sleeve nut. The 
mushroom head connector was not inserted into the T-slot cable joint. 
This condition, if not corrected, could prevent emergency slide 
deployment, possibly resulting in injury to occupants during an 
emergency evacuation.
    In the NPRM, the FAA proposed to require a one-time detailed 
inspection of the installation of the ACF overwing emergency exit slide 
release mechanism for discrepancies, and applicable corrective actions, 
as specified in EASA AD 2022-0090. 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-2022-1300.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International (ALPA), which supported the NPRM without change.
    The FAA received additional comments from American Airlines (AA). 
The following presents the comments received on the NPRM and the FAA's 
responses to each comment.

Request To Revise Compliance Time

    AA requested to double the compliance time for the inspection to 8 
months to allow AA to schedule roughly one A321NX aircraft per week 
during the compliance period. AA stated that no findings have been made 
on the four A321NX airplanes it has inspected. AA added that, in 
practice, configuration 2, inspection method 2 takes longer than the 14 
man-hours specified in the associated Airbus Alert Operators 
Transmission (AOT), due to removal of the overhead stowage compartments 
(OHSCs). AA further noted that removal of the OHSCs to accomplish the 
inspection and corrective actions within the limited timeframe presents 
an undue burden on operations, since the OHSC removal is not a normal 
maintenance activity.
    The FAA does not agree to change the compliance time because the 
commenter did not provide adequate justification for extension of the 
compliance time. Inspection of four airplanes with no findings does not 
ensure that unsafe condition is not present on other affected 
airplanes. Further, the FAA notes that the work-hours estimate was 
based on the data Airbus used when developing the required actions, and 
the commenter did not provide an alternative estimate

[[Page 15270]]

for the work-hours. EASA, as the State of Design Authority for these 
airplanes, performed a risk assessment and determined the compliance 
time was appropriate based on the safety implications of the identified 
unsafe condition, as well as the practical aspect of completing the 
required actions during regular maintenance periods. While removal of 
the OHSCs may not be a normal maintenance practice, in this case it is 
necessary to perform the inspections and address the identified unsafe 
condition. However, the FAA will consider requests for an alternative 
method of compliance (AMOC) as specified in paragraph (j)(1) of this AD 
if sufficient data are submitted to substantiate that the compliance 
time extension would provide an acceptable level of safety. The FAA has 
not changed this AD in response to this comment.

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

    EASA 2022-0090 specifies procedures for a one-time detailed 
inspection of the installation of the ACF overwing emergency exit slide 
release mechanism on both left hand (LH) and right hand (RH) sides of 
the fuselage for discrepancies (i.e., a disconnected slide release 
cable inside the sleeve nuts and collets (mushroom head not inserted in 
T-slot joint) and missing lockwire around the knurled sleeve nut), and 
applicable corrective actions. The corrective actions include 
connecting the slide release cable and installing lockwire on the 
knurled sleeve nut.
    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 65 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
14 work-hours x $85 per hour = $1,190........................            $0 *           $1,190          $77,350
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
  AD.

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
            Labor cost                  Parts cost           product
------------------------------------------------------------------------
12 work-hours x $85 per hour =     Negligible..........          $1,020
 $1,020.
------------------------------------------------------------------------

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.

[[Page 15271]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2023-02-11 Airbus SAS: Amendment 39-22318; Docket No. FAA-2022-1300; 
Project Identifier MCAI-2022-00663-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 17, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A321-251NX, A321-252NX, 
A321-253NX, A321-271NX and A321-272NX airplanes, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2022-0090, dated May 18, 2022 (EASA AD 2022-0090).

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Unsafe Condition

    This AD was prompted by an emergency exit slide deployment test 
on an Airbus Cabin Flex (ACF) overwing emergency exit, where the 
emergency exit slide did not deploy due to a disconnected slide 
release cable junction. The FAA is issuing this AD to address the 
disconnected slide release cable junction, which could prevent 
emergency slide deployment, possibly resulting in injury to 
occupants during an emergency evacuation.

(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, EASA AD 2022-0090.

(h) Exceptions to EASA AD 2022-0090

    (1) Where EASA AD 2022-0090 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2022-0090 does not apply 
to this AD.
    (3) Where paragraph (2) of EASA AD 2022-0090 specifies 
compliance times for corrective actions, for this AD, perform those 
corrective actions at the applicable times specified in paragraphs 
(h)(3)(i) through (iii) of this AD.
    (i) If missing lockwire around the knurled sleeve nut is found 
and the slide release cable inside the sleeve nuts and collets is 
connected (mushroom head inserted in T-slot joint): Install lockwire 
within 4 months after the effective date of this AD.
    (ii) If a disconnected slide release cable inside the sleeve 
nuts and collets (mushroom head not inserted in T-slot joint) is 
found and lockwire around the knurled sleeve nut is not missing: 
Connect slide release cable before further flight.
    (iii) If a disconnected slide release cable inside the sleeve 
nuts and collets (mushroom head not inserted in T-slot joint) is 
found and the lockwire around the knurled sleeve nut is missing: 
Connect slide release cable and install lockwire before further 
flight.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0090 
specifies to submit certain information 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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (k) of this AD. Information may be emailed to: [email protected]. 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 service information referenced 
in EASA AD 2022-0090 contains paragraphs that are labeled as RC, the 
instructions in RC paragraphs, including subparagraphs under an RC 
paragraph, must be done to comply with this AD; any paragraphs, 
including subparagraphs under those paragraphs, that are not 
identified as RC are recommended. The instructions in paragraphs, 
including subparagraphs under those paragraphs, not identified as RC 
may be deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the instructions identified as RC can 
be done and the airplane can be put back in an airworthy condition. 
Any substitutions or changes to instructions identified as RC 
require approval of an AMOC.

(k) Additional Information

    For more information about this AD, contact Vladimir Ulyanov, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3229; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2022-0090, 
dated May 18, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0090, 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 January 24, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-04955 Filed 3-10-23; 8:45 am]
BILLING CODE 4910-13-P