[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71461-71464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22874]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1492; Project Identifier MCAI-2023-00195-T; 
Amendment 39-22571; AD 2023-20-12]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-18-
09, which applied to certain Airbus SAS Model A319-111, -112, -113, -
114, -115, -131, -132, and -133; A320-211, -212, -214, -216, -231, -
232, -233, -251N, and -271N; and A321-111, -112, -131, -211, -212, -
213, -231, -232, -251N, and -253N airplanes. AD 2022-18-09 continued to 
require the actions in AD 2019-26-01 and AD 2021-23-15, and added 
airplanes to the applicability. Since the FAA issued AD 2022-18-09, it 
was determined that additional airplanes and galleys are subject to the 
unsafe condition, and a compliance time for certain airplanes should be 
extended. This AD continues to require the actions in AD 2022-18-09 and 
requires expanding the applicability, obtaining and following 
additional instructions for certain modified airplanes, and extending 
the compliance time for certain airplanes, 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 November 21, 2023.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 71462]]

of certain publications listed in this AD as of November 21, 2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1492; 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 service information identified in this final rule, 
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. It is 
also available at regulations.gov under Docket No. FAA-2023-1492.
     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-2023-1492.

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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2022-18-09, Amendment 39-22160 (87 FR 
56576, September 15, 2022) (AD 2022-18-09). AD 2022-18-09 applied to 
certain Airbus SAS Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133; A320-211, -212, -214, -216, -231, -232, -233, -251N, and -
271N; and A321-111, -112, -131, -211, -212, -213, -231, -232, -251N, 
and -253N airplanes. AD 2022-18-09 continued to require the actions 
that were required by AD 2019-26-11, Amendment 39-21022 (85 FR 6755, 
February 6, 2020) (AD 2019-26-11) (which corresponds to EASA AD 2018-
0255) and AD 2021-23-15, Amendment 39-21813 (86 FR 68894, December 6, 
2021) (AD 2021-23-15) (which corresponds to EASA AD 2019-0106), and 
added airplanes to the applicability. The FAA issued AD 2022-18-09 to 
address potential failure of the galley door and release of waste bins 
during a rejected take-off or an emergency landing, and potential 
container detachment from the galley under certain forward loading 
conditions, possibly resulting in damage to the airplane and injury to 
occupants.
    The NPRM published in the Federal Register on July 14, 2023 (88 FR 
45115). The NPRM was prompted by AD 2022-0026, dated February 16, 2022, 
issued by the European Union Aviation Safety Agency (EASA), which is 
the Technical Agent for the Member States of the European Union (EASA 
AD 2022-0026) (also referred to as the MCAI). The MCAI states that 
during a full-scale qualification test of Galley G5, the door of the 
waste compartment opened before the required load was reached. This 
event was determined to be the result of galley global deflection. This 
condition, if not corrected, could lead to failure of the galley door 
and release of waste bins during a rejected take-off or an emergency 
landing, possibly resulting in damage to the airplane and injury to 
occupants.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2022-18-09 and to require expanding the applicability, obtaining and 
following additional instructions for certain modified airplanes, and 
extending the compliance time for certain airplanes. The FAA is issuing 
this AD to address the potential failure of the galley door and release 
of waste bins during a rejected take-off or an emergency landing, and 
potential container detachment from the galley under certain forward 
loading conditions, possibly resulting in damage to the airplane and 
injury to occupants.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1492.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment 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 in the MCAI 
referenced above. The FAA reviewed the relevant data, considered the 
comment 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 2023-0029 specifies procedures for modifying the affected 
galleys by replacing the affected bumpers with serviceable bumpers; for 
modifying the waste compartment door of each affected galley by 
installing a door catch bracket and a new striker, and for re-
identifying the affected galleys. For airplanes equipped with galleys 
that were modified using non-Airbus-approved methods, EASA AD 2023-0029 
specifies procedures for obtaining and accomplishing additional 
instructions. 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 1,507 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
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-18-  Up to 59 work-hours              $0  Up to $5,105.......  Up to $5,476,380.
 09.                                x $85 per hour =
                                    Up to $5,105.
----------------------------------------------------------------------------------------------------------------


[[Page 71463]]

    The FAA has received no definitive data on which to base the cost 
estimates for the obtaining and following additional instructions 
action specified in this AD.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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

    The FAA determined that 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 (AD) 2022-18-09, Amendment 39-22160 
(87 FR 56576, September 15, 2022); and
0
b. Adding the following new AD:

2023-20-12 Airbus SAS: Amendment 39-22571; Docket No. FAA-2023-1492; 
Project Identifier MCAI-2023-00195-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 21, 
2023.

(b) Affected ADs

    This AD replaces AD 2022-18-09, Amendment 39-22160 (87 FR 56576, 
September 15, 2022) (AD 2022-18-09).

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2023-0029, dated February 1, 2023 (EASA AD 2023-0029), 
except where the Applicability of EASA AD 2023-0029 refers to 
certain galleys, replace the text ``if equipped with a galley,'' 
with ``if delivered with a galley.''
    (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, and -272N airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that during re-engineering of 
galley G5, a 9G forward full scale qualification test was performed, 
and the door of the waste compartment opened before the required 
load was reached, and by reports of finding container/galley end 
stop bumpers damaged in service. This AD was also prompted by the 
determination that additional airplanes and galleys are subject to 
the unsafe condition, and a compliance time for certain airplanes 
should be extended. The FAA is issuing this AD to address potential 
failure of the galley door and release of waste bins during a 
rejected take-off or an emergency landing, and potential container 
detachment from the galley under certain forward loading conditions, 
possibly resulting in damage to the airplane and injury to 
occupants.

(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, EASA AD 2023-0029.

(h) Exceptions to EASA AD 2023-0029

    (1) Where EASA AD 2023-0029 specifies a compliance time of 
``within 12 months after 11 December 2018 [the effective date of 
EASA AD 2018-0255], ``this AD requires replacing those words with 
``within 12 months after January 10, 2022 (the effective date of AD 
2021-23-15), or within 6 months after the effective date of this AD, 
whichever occurs later.''
    (2) Where EASA AD 2023-0029 refers to May 29, 2019 (the 
effective date of EASA AD 2019-0106), this AD requires using March 
12, 2020 (the effective date of AD 2019-26-11, Amendment 39-21022 
(85 FR 6755, February 6, 2020)).
    (3) Where EASA AD 2023-0029 specifies a compliance time of 
``within 12 months after 02 March 2022 [the effective date of EASA 
AD 2022-0026],'' this AD requires using ``within 12 months after 
October 20, 2022 (the effective date of AD 2022-18-09), or within 6 
months after the effective date of this AD, whichever occurs 
later.''
    (4) Where EASA AD 2023-0029 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 
2023-0029.

(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].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2022-18-09 are approved as 
AMOCs for the corresponding provisions of EASA AD 2023-0029 that are 
required by paragraph (g) of this AD.
    (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

[[Page 71464]]

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 Timothy Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 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 2023-0029, 
dated February 1, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0029, 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 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.
    (5) You may view this service information 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 October 5, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22874 Filed 10-16-23; 8:45 am]
BILLING CODE 4910-13-P