[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Rules and Regulations]
[Pages 18769-18771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05491]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1995; Project Identifier MCAI-2023-00905-T; 
Amendment 39-22682; AD 2024-04-03]
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 adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A318, A319, A320, and A321 series airplanes. 
This AD was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. This AD requires revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations, 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 19, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 19, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1995; 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 that is incorporated by 
reference 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-2023-1995.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 817-222-5102; 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 Model A318-111, 
-112, -121, and -122; A319-111, -112, -113, -114, -115, -131, -132, -
133, -151N, -153N, and -171N; A320-211, -212, -214, -216, -231, -232, -
233, -251N, -252N, -253N, -271N, -272N, and -273N; and A321-111, -112, 
-131, -211, -212, -213, -231, -232, -251N, -251NX, -252N, -252NX, -
253N, -253NX, -271N, -271NX, -272N, and -272NX airplanes. The NPRM 
published in the Federal Register on October 17, 2023 (88 FR 71506). 
The NPRM was prompted by AD 2023-0151, dated July 25, 2023 (EASA AD 
2023-0151) (also referred to as the MCAI), issued by EASA, which is the 
Technical Agent for the Member States of the European Union. The MCAI 
states that new or more restrictive airworthiness limitations have been 
developed.
    In the NPRM, the FAA proposed to require a task (limitation) 
related to the center wing box front spar stiffeners already in Airbus 
A318/A319/A320/A321 ALS Part 2 DT-ALI Revision 09 or A318/A319/A320/
A321 ALS Part 2 DT-ALI Revision 09 Variation 9.2 that are required by 
EASA AD 2022-0085 and EASA AD 2023-0008 respectively (which correspond 
to FAA AD 2023-13-10, Amendment 39-22495 (88 FR 50005, August 1, 2023) 
(AD 2023-13-10)), and that incorporation of EASA AD 2023-0151 
invalidates (terminates) prior instructions for that task. This AD 
therefore terminates the limitations for tasks identified in the 
service information referenced in EASA AD 2023-0151 only, as required 
by paragraph (o) of AD 2023-13-10.
    The FAA is issuing this AD to address fatigue cracking, accidental 
damage, or corrosion in principal structural elements, which could 
result in reduced structural integrity of the airplane. You may examine 
the MCAI in the AD docket at regulations.gov under Docket No. FAA-2023-
1995.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from United Airlines (UAL). The 
following presents the comment received on the NPRM and the FAA's 
response.

Request To Allow Extensions to Certain Compliance Times

    UAL requested that the AD allow extensions provided in an Airbus 
approved Airbus Statement of Airworthiness Compliance (ASAC), when it 
supports extensions to compliance time of specified ALS part 2 tasks, 
as an alternative method of compliance (AMOC). UAL noted that Airbus 
does not have the authority for Design Organization Approval signatures 
on ASACs, and that Airbus analysis and technical substantiations 
justifying the extensions provided in an ASAC provide an acceptable 
level of safety to ensure that the structural integrity of the aircraft 
is maintained.

[[Page 18770]]

    The FAA does not agree since the FAA needs to review each 
individual extension request, which can then be supported through the 
AMOC process, provided sufficient justification is available. 
Sufficient justification, supported by an acceptable level of safety, 
is needed to grant such a request. In such situations, the operator 
should work with the FAA as early as possible. This AD has not been 
changed with regard to this request.

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

    The FAA reviewed EASA AD 2023-0151, which specifies new or more 
restrictive airworthiness limitations for airplane structures and safe 
life limits. 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 1,680 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate. Therefore, the agency estimates the average total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

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 adding the following new airworthiness 
directive:

2024-04-03 Airbus SAS: Amendment 39-22682; Docket No. FAA-2023-1995; 
Project Identifier MCAI-2023-00905-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 19, 2024.

(b) Affected ADs

    This AD affects AD 2023-13-10, Amendment 39-22495 (88 FR 50005, 
August 1, 2023) (AD 2023-13-10).

(c) Applicability

    This AD applies to Airbus SAS airplanes specified in paragraphs 
(c)(1) through (4) of this AD, certificated in any category, with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before May 12, 2023.
    (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, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, 
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, accidental damage, or 
corrosion in principal structural elements, which could result in 
reduced structural integrity 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 
2023-0151, dated July 25, 2023 (EASA AD 2023-0151).

(h) Exceptions to EASA AD 2023-0151

    (1) This AD does not adopt the requirements specified in 
paragraph (1) and (2) of EASA AD 2023-0151.
    (2) Where paragraph (3) of EASA AD 2023-0151 specifies ``Within 
12 months after the effective date of this AD, revise the approved 
AMP,'' this AD requires replacing that text with ``Within 90 days 
after the effective date of this AD, revise the existing maintenance 
or inspection program, as applicable.''
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2023-0151 is at the applicable ``associated 
thresholds'' as incorporated by the requirements of paragraph (3) of 
EASA AD 2023-0151, or within 90 days after the effective date of 
this AD, whichever occurs later.

[[Page 18771]]

    (4) This AD does not adopt the provisions specified in paragraph 
(4) of EASA AD 2023-0151.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0151.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2023-0151.

(j) Terminating Action for Certain Tasks Required by AD 2023-13-10

    Accomplishing the actions required by this AD terminates the 
corresponding requirements of AD 2023-13-10 for the tasks identified 
in the service information referenced in EASA AD 2023-0151 only.

(k) 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 (l) 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 local flight standards district office/
certificate holding district 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.

(l) Additional Information

    For more information about this AD, contact Timothy Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 817-222-5102; email 
[email protected].

(m) 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 2023-0151, 
dated July 25, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0151, 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 that is incorporated by reference 
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 at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on March 11, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-05491 Filed 3-14-24; 8:45 am]
BILLING CODE 4910-13-P