[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Pages 41473-41477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13743]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1396; Project Identifier MCAI-2023-00701-T; 
Amendment 39-22486; AD 2023-13-01]
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 superseding Airworthiness Directive (AD) 2008-23-
01, which applies to certain Airbus SAS Model A318, A319, A320, and 
A321 series airplanes. AD 2008-23-01 required inspecting to determine 
the part number and serial number of the fuel tank boost pumps and, for 
airplanes with affected pumps, revising the operator's airplane flight 
manual (AFM) and FAA-approved maintenance program. AD 2008-23-01 also 
required modifying or replacing certain fuel tank boost pumps, which 
terminated the AFM limitations and the maintenance program revisions. 
Since the FAA issued AD 2008-23-01, it has been determined that 
airplanes fitted with a different fuel pump can be subject to 
cavitation erosion on the wiring conduit. This AD requires inspecting 
affected fuel pumps for discrepancies and replacement if necessary, as 
specified in a European Union Aviation Safety Agency (EASA). This AD 
also requires replacing certain other fuel pumps. This AD also limits 
the installation of affected fuel pumps under certain conditions. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective July 12, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 12, 
2023.

[[Page 41474]]

    The FAA must receive comments on this AD by August 11, 2023.

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-2023-1396; 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 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 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. It is also available at 
regulations.gov under Docket No. FAA-2023-1396.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 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 
ADDRESSES. Include ``Docket No. FAA-2023-1396; Project Identifier MCAI-
2023-00701-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 
Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 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

    The FAA issued AD 2008-23-01, Amendment 39-15722 (73 FR 67379, 
November 14, 2008) (AD 2008-23-01), for certain Airbus SAS Model A318-
111, -112, -121, and -122 airplanes; Model A319-111, -112, -113, -114, 
-115, -131, -132, -133, -151N, -153N, and -171N airplanes; Model A320-
211, -212, -214, -216, -231, -232, -233, -251N, -252N, -253N, -271N, -
272N, and -273N airplanes; and Model A321-111, -112, -131, -211, -212, 
-213, -231, -232, -251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -
253NX, -271NX, and -272NX airplanes.
    AD 2008-23-01 was prompted by an MCAI originated by EASA, which is 
the Technical Agent for the Member States of the European Union. EASA 
issued AD 2007-0218, dated August 10, 2007, to correct an unsafe 
condition.
    AD 2008-23-01 required inspecting to determine the part number and 
serial number of the fuel tank boost pumps and, for airplanes with 
affected pumps, revising the AFM and the FAA-approved maintenance 
program. AD 2008-23-01 also required modifying or replacing the fuel 
tank boost pumps (part numbers (P/Ns) 568-1-27202-001, 568-1-27202-002, 
and 568-1-27202-005), which terminated the AFM limitations and the 
maintenance program revisions. The FAA issued AD 2008-23-01 to address 
electrical arcing in the fuel tank boost pump motor, which, in the 
presence of a combustible air-fuel mixture in the pump, could result in 
an explosion and loss of the airplane.

Actions Since AD 2008-23-01 Was Issued

    Since the FAA issued AD 2008-23-01, EASA superseded AD 2007-0218R2, 
dated October 10, 2014 (EASA AD 2007-0218R2), and issued EASA AD 2023-
0106, dated May 25, 2023 (EASA AD 2023-0106) (also referred to as the 
MCAI), to correct an unsafe condition for all Model A318-111, -112, -
121, and -122 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 A321-111, -112, -131, -211, -212, -213, 
-231, -232, -251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, 
-271NX, and -272NX 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. The MCAI states that since EASA AD 
2007-0218R2 was issued to address fuel pump A (P/Ns 568-1-27202-001, 
568-1-27202-002, and 568-1-27202-005), it has been determined that 
airplanes equipped with fuel pump B (P/N 568-1-27202-02R, which is one 
of the replacement fuel pumps for fuel pump A) can be subject to 
cavitation erosion on the wiring conduit. This condition, if not 
detected and mitigated, could lead to be the source of an in-tank 
ignition, affecting the integrity of the airplane structure and 
systems.
    Paragraph (1) of EASA AD 2023-0106 prohibits operation of an 
airplane equipped with fuel pump A. However, this AD does not include 
that requirement. Instead, as specified in paragraph (h)(3) of this AD, 
for airplanes equipped with fuel pump A, operators must, before further 
flight, replace fuel pump A with a fuel pump other than

[[Page 41475]]

fuel pump A, except as specified in paragraphs (7) and (8) of EASA AD 
2023-0106. Paragraph (j) of AD 2008-23-01 required the replacement or 
modification of fuel pump A, which operators should have done within 
5,000 flight hours or 18 months, whichever occurs first after December 
19, 2008 (the effective date of AD 2008-23-01). Therefore, paragraph 
(h)(3) of this AD continues to require the replacement of fuel pump A.
    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-2023-1396.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0106 specifies procedures for doing a general visual 
inspection of fuel pump B for discrepancies and replacement if 
necessary. Discrepancies include any erosion on the wiring conduit, 
holes in the inlet guide vanes, and erosion on the inlet guide vane 
that is less than 12mm (0.47 in) from the outer edge to the start of 
the erosion. EASA AD 2023-0106 also prohibits operation of an airplane 
equipped with fuel pump A.
    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 
2023-0106 described previously, except for any differences identified 
as exceptions in the regulatory text of this AD. This AD also limits 
the installation of affected fuel pumps under certain conditions.

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 2023-0106 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2023-0106 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 2023-0106 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 
2023-0106. Service information required by EASA AD 2023-0106 for 
compliance will be available at regulations.gov under Docket No. FAA-
2023-1396 after this AD is published.

Interim Action

    The FAA considers that this AD is an interim action and further AD 
action might follow.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(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 airplanes fitted with fuel pump B are subject to cavitation 
erosion on the wiring conduit, which could lead to be the source of an 
in-tank ignition, affecting the integrity of the airplane structure and 
systems. In addition, the required inspection must be done within 30 or 
90 days, depending on fuel pump location, in order to address the 
unsafe condition. Accordingly, notice and opportunity for prior public 
comment are impracticable and contrary to the public interest pursuant 
to 5 U.S.C. 553(b)(3)(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 1,899 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.
              Action *                       Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
New actions.........................  1 work-hour x $85 per                $0              $85         $161,415
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------
* U.S. operators have already replaced fuel pump A; therefore the costs are not included in this table. For any
  affected airplane that is imported and placed on the U.S. Register in the future that has not done the
  replacement, refer to the cost estimates in the ``Estimated costs on on-condition actions'' table below, which
  specifies replacement costs.

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required actions. The FAA has no way of determining the

[[Page 41476]]

number of aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255....          $6,625           $6,880
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators. The FAA does not control warranty coverage for 
affected operators. As a result, the FAA has included all known costs 
in the cost estimate.

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:
0
a. Removing Airworthiness Directive (AD) 2008-23-01, Amendment 39-15722 
(73 FR 67379, November 14, 2008); and
0
b. Adding the following new AD:

2023-13-01 Airbus SAS: Amendment 39-22486; Docket No. FAA-2023-1396; 
Project Identifier MCAI-2023-00701-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 12, 2023.

(b) Affected ADs

    This AD replaces AD 2008-23-01, Amendment 39-15722 (73 FR 67379, 
November 14, 2008) (AD 2008-23-01).

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category.
    (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, -271NX, 
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by a determination that airplanes fitted 
with a certain fuel pump other than the fuel pumps identified in AD 
2008-23-01 can be subject to cavitation erosion on the wiring 
conduit. The FAA is issuing this AD to address this condition, which 
could lead to be the source of an in-tank ignition, affecting the 
integrity of the airplane structure and systems.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2023-0106, dated May 25, 2023 (EASA AD 2023-0106).

(h) Exceptions to EASA AD 2023-0106

    (1) Where EASA AD 2023-0106 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Paragraph (1) of EASA AD 2023-0106 is not adopted by this 
AD. Instead, for airplanes equipped with ``fuel pump A'' as defined 
in EASA AD 2023-0106, before further flight, replace ``fuel pump A'' 
with a fuel pump other than ``fuel pump A,'' except as specified in 
paragraphs (7) and (8) of EASA AD 2023-0106.
    Note 1 to paragraph (h)(2) of this AD: Guidance for replacing 
fuel pumps can be found in paragraph 2.2. of ``The AOT'' as defined 
in EASA AD 2023-0106.
    (3) Where paragraphs (4) and (5) of EASA AD 2023-0106 refer to 
``discrepancies, as defined in the AOT,'' for this AD, discrepancies 
include any erosion on the wiring conduit, holes in the inlet guide 
vanes, and erosion on the inlet guide vane that is less than 12mm 
(0.47 in) from the outer edge to the start of the erosion.
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0106.

(i) 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 (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.

[[Page 41477]]

    (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 (i)(2) of this AD, if any service information referenced 
in EASA AD 2023-0106 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.

(j) Additional Information

    For more information about this AD, contact Timothy Dowling, 
Aviation Safety Engineer, 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; phone: 206-231-3667; 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 2023-0106, 
dated May 25, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0106, 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. This material may be found in the AD 
docket at regulations.gov under Docket No. FAA-2023-1396.
    (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 June 20, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-13743 Filed 6-23-23; 4:15 pm]
BILLING CODE 4910-13-P