[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Rules and Regulations]
[Pages 59442-59445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18527]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1491; Project Identifier MCAI-2022-01644-T; 
Amendment 39-22505; AD 2023-14-05]
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) 2022-10-
08, which applied to certain Airbus SAS Model A320-214, -251N, and -
271N airplanes. AD 2022-10-08 required a one-time detailed inspection 
of the affected passenger seats and corrective actions if necessary. 
Since the FAA issued AD 2022-10-08, it was determined that additional 
passenger seats are affected. This AD continues to require the actions 
in AD 2022-10-08, and also requires inspecting additional affected 
passenger seats; 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 September 13, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
13, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of June 
7, 2022 (87 FR 31129, May 23, 2022).
    The FAA must receive comments on this AD by October 13, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR

[[Page 59443]]

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-2023-1491; 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 AD 2021-0166 and EASA AD 2021-0166R1 that are 
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 EASA AD 2021-
0166R1 on the EASA website at ad.easa.europa.eu. You may find EASA AD 
2021-0166 incorporated by reference in this AD at regulations.gov under 
Docket No. FAA-2023-1491.
     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-2023-1491.

FOR FURTHER INFORMATION CONTACT: Timothy 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 
ADDRESSES. Include ``Docket No. FAA-2023-1491; Project Identifier MCAI-
2022-01644-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; 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

    The FAA issued AD 2022-10-08, Amendment 39-22046 (87 FR 31129, May 
23, 2022) (AD 2022-10-08), for certain Airbus SAS Model A320-214, -
251N, and -271N airplanes. AD 2022-10-08 was prompted by an MCAI 
originated by EASA, which is the Technical Agent for the Member States 
of the European Union. EASA issued AD 2021-0166, dated July 13, 2021 
(EASA AD 2021-0166), to correct an unsafe condition.
    AD 2022-10-08 required a one-time detailed inspection of the 
affected passenger seats and corrective actions if necessary. The FAA 
issued AD 2022-10-08 to address deformation or compression of the seat 
rail covers caused by improper transportation, handling, or 
installation on the airplane. This condition, if not addressed, could 
lead to seat track detachment, possibly resulting in injury to 
passengers.

Actions Since AD 2022-10-08 Was Issued

    Since the FAA issued AD 2022-10-08, EASA superseded EASA AD 2021-
0166, and issued EASA AD 2021-0166R1, dated December 22, 2022 (EASA AD 
2021-0166R1) (also referred to as the MCAI), to correct an unsafe 
condition for certain Airbus SAS Model A320-214, -251N, and -271N 
airplanes. The MCAI states that damaged seat rail covers were detected 
in the forward and aft seat fixation area of some airplanes during 
initial delivery. The MCAI states that since EASA AD 2021-0166 was 
issued, it was determined that additional passenger seats are affected.
    The FAA is issuing this AD to address deformation or compression of 
the seat rail covers caused by improper transportation, handling, or 
installation on the airplane. This condition, if not addressed, could 
lead to seat track detachment, possibly resulting in injury to 
passengers. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2023-1491.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2022-10-08, this AD retains all of the requirements of AD 2022-10-08. 
Those requirements are referenced in EASA AD 2021-0166R1, which, in 
turn, is referenced in paragraph (g) of this AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0166R1 specifies procedures for a detailed inspection 
of the affected parts and corrective actions. Corrective actions 
include replacement of the seat or the seat rail covers.
    This AD also requires EASA AD 2021-0166, which the Director of the 
Federal Register approved for incorporation by reference on June 7, 
2022 (87 FR 31129, May 23, 2022).
    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 
described above. The FAA is issuing this AD after determining that

[[Page 59444]]

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 
2021-0166R1 described previously, except for any differences identified 
as exceptions in the regulatory text of this AD.

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 2021-0166R1 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2021-0166R1 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 2021-0166R1 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 2021-0166R1. Service information required by EASA AD 2021-
0166R1 for compliance will be available at regulations.gov under Docket 
No. FAA-2023-1491 after this AD is published.

FAA's Justification and Determination of the Effective Date

    There are currently no domestic operators of these products. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
forgoing reasons, 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.

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

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, the FAA provides the following cost estimates to comply with 
this AD:

                                      Estimated Costs for Required Actions
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
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Retained actions from AD 2022-10-08...........  2 work-hours x $85 per hour =                 $0            $170
                                                 $170.
New actions...................................  2 work-hours x $85 per hour =                  0             170
                                                 $170.
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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 actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                                     Estimated Costs of On-Condition Action
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              Action                      Labor cost               Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
Seat rail cover replacement.......  1 work-hour x $85 per  Up to $160................  Up to $245 (per rail
                                     hour = $85.                                        cover).
Seat replacement..................  3 work-hours x $85     Up to $21,600.............  Up to $21,855 (per seat).
                                     per hour = $255.
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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:

[[Page 59445]]

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) 2022-10-08, Amendment 39-22046 
(87 FR 31129, May 23, 2022); and
0
b. Adding the following new AD:

2023-14-05 Airbus SAS: Amendment 39-22505; Docket No. FAA-2023-1491; 
Project Identifier MCAI-2022-01644-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 13, 
2023.

(b) Affected ADs

    This AD replaces AD 2022-10-08, Amendment 39-22046 (87 FR 31129, 
May 23, 2022) (AD 2022-10-08).

(c) Applicability

    This AD applies to Airbus SAS Model A320-214, -251N, and -271N 
airplanes, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2021-0166R1, dated December 
22, 2022 (EASA AD 2021-0166R1).

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Unsafe Condition

    This AD was prompted by reports that damaged seat rail covers 
were detected in the forward and aft seat fixation area of some 
airplanes during initial delivery. Since AD 2022-10-08 was issued, 
it was determined that additional passenger seats are affected. The 
FAA is issuing this AD to address deformation or compression of the 
seat rail covers caused by improper transportation, handling, or 
installation on the airplane. This condition, if not addressed, 
could lead to seat track detachment, possibly resulting in injury to 
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, EASA AD 2021-0166R1.

(h) Exceptions to EASA AD 2021-0166R1

    (1) Where paragraph (1) of EASA AD 2021-0166R1 specifies to 
accomplish a detailed inspection of each affected part within 12 
months after July 27, 2021 (the effective date of EASA AD 2021-0166, 
dated July 13, 2021 (EASA AD 2021-0166)), for this AD do the 
inspection at the applicable compliance time specified in paragraph 
(h)(1)(i) or (ii) of this AD.
    (i) For the parts identified in Appendix 1 of EASA AD 2021-0166, 
do the inspection within 12 months after June 7, 2022 (the effective 
date of AD 2022-10-08).
    (ii) For the parts identified in Appendix 1 of EASA AD 2021-
0166R1, except those identified in Appendix 1 of EASA AD 2021-0166, 
do the inspection within 6 months after the effective date of this 
AD.
    (2) Where paragraph (2) of EASA AD 2021-0166R1 specifies actions 
if ``discrepancies are detected,'' for this AD a discrepancy is an 
out-of-tolerance distance between the forward and aft attachment 
screws or a damaged (deformed or compressed) seat rail cover.
    (3) Where paragraph (3) of EASA AD 2021-0166R1 allows deferral 
of certain actions, for this AD replace the text ``in accordance 
with the applicable instructions and limitations of Master Minimum 
Equipment List (MMEL) item 25-20-01A'' with ``in accordance with the 
applicable instructions and limitations of FAA MMEL item 25-21-01 or 
equivalent instructions and limitations in the operator's existing 
FAA-approved minimum equipment list (MEL)''.
    (4) Where paragraph (4) of EASA AD 2021-0166R1 refers to its 
effective date, this AD requires using the effective date of this 
AD.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2021-0166R1.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-
0166R1 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 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 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 service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
September 13, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0166R1, 
dated December 22, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
June 7, 2022 (87 FR 31129, May 23, 2022).
    (i) EASA AD 2021-0166, dated July 13, 2021.
    (ii) [Reserved]
    (5) For EASA AD 2021-0166 and EASA AD 2021-0166R1, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; website easa.europa.eu. You may 
find EASA AD 2021-0166R1 on the EASA website at ad.easa.europa.eu. 
You may find EASA AD 2021-0166 at regulations.gov under Docket No. 
FAA-2023-1491.
    Note 1 to paragraph (l)(5): EASA AD 2021-0166 is no longer 
available through the EASA website. The FAA will provide access to 
this material for the life of this AD as required by 5 U.S.C. 552(a) 
and 1 CFR part 51.
    (6) 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-2023-1491.
    (7) 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 August 22, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-18527 Filed 8-28-23; 8:45 am]
BILLING CODE 4910-13-P