[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Rules and Regulations]
[Pages 19234-19236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05492]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2138; Project Identifier MCAI-2023-00870-T; 
Amendment 39-22686; AD 2024-04-07]
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 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 22, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 22, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-2138; 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-2023-2138.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3367; 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 A318, A319, A320, and A321 airplanes. The NPRM published in the 
Federal Register on October 31, 2023 (88 FR 74376). The NPRM was 
prompted by AD 2023-0138, dated July 13, 2023 (EASA AD 2023-0138) (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 
airworthiness limitations are necessary.
    In the NPRM, the FAA proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, as specified in EASA AD 
2023-0138.
    The FAA is issuing this AD to address safety-significant latent 
failures (that are not annunciated), which, in combination with one or 
more other specific failures or events, could result in a hazardous or 
catastrophic failure condition.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-2138.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from The Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.
    The FAA also received comments from Delta Air Lines. The following 
presents the comments received on the NPRM and the FAA's response to 
each comment.

Request for Clarification of Paragraph (i) Referencing Service 
Information

    Delta requested clarification of the statement in paragraph (i) of 
the proposed AD that references later-approved revisions within the 
``Ref. Publications'' section of EASA AD 2023-0138. Delta requested 
adding an exception in paragraph (h) of the proposed AD that replaces 
the language in the EASA AD 2023-0138 section ``Ref. Publications'' 
from ``the above-mentioned document, or of an ALS revision'' to ``the 
above-mentioned document, or of an ALS revision or variation.'' Delta 
stated this change would help clarify whether an AMOC (alternative 
method of compliance) is required to use future variations of Airbus 
A318/A319/A320/A321 ALS Part 3 Certification Maintenance Requirements 
(CMR), Revision 08 (Var 8.3 or later).
    Delta also requested clarification of the statement within the 
section ``Ref. Publications'' of EASA AD 2023-0138, referred to in 
paragraph (i) of the proposed AD, that references later-approved 
revisions ``which include the technical content of the variation.'' 
Delta wanted to know if a later-approved variation or revision is 
acceptable to use if the technical content of the variation is updated 
in some way, and not exactly the same. The commenter requested this 
clarification to better understand the allowance provided by the 
provisions of the ``Ref. Publications'' section of EASA AD 2023-0138.
    The FAA disagrees with changing paragraph (h) of this AD. The later 
version of Airbus A318/A319/A320/A321 ALS Part 3 Certification 
Maintenance Requirements (CMR) would be acceptable for compliance as

[[Page 19235]]

long as EASA has also approved it. Any subsequent issue of that 
document containing the technical information presented in that 
variation that has been approved by the certifying authority can be 
used without the need to obtain an AMOC. For confirmation regarding the 
appropriateness of using service information associated with this AD, 
Delta may contact their local FAA office for further guidance.

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

    The FAA reviewed EASA AD 2023-0138, which specifies new or more 
restrictive airworthiness limitations for airplane structures and safe 
life limits. This service information 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 - $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:

2024-04-07 Airbus SAS: Amendment 39-22686; Docket No. FAA-2023-2138; 
Project Identifier MCAI-2023-00870-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 22, 2024.

(b) Affected ADs

    This AD affects AD 2023-04-06, Amendment 39-22353 (88 FR 13665, 
March 6, 2023) (AD 2023-04-06).

(c) Applicability

    This AD applies to Airbus SAS airplanes, identified 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, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX, 
and -272NX.

(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 safety-significant latent failures (that 
are not annunciated), which, in combination with one or more other 
specific failures or events, could result in a hazardous or 
catastrophic failure condition.

(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 
2023-0138, dated July 13, 2023 (EASA AD 2023-0138).

(h) Exceptions to EASA AD 2023-0138

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2023-0138.
    (2) Paragraph (3) of EASA AD 2023-0138 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA 2023-0138 is at the applicable ``associated 
thresholds'' as incorporated by the requirements of paragraph (3) of 
EASA AD 2023-0138, or within 90 days after the effective date of 
this AD, whichever occurs later.

[[Page 19236]]

    (4) This AD does not adopt the provisions specified in 
paragraphs (4) of EASA AD 2023-0138.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0138.

(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 2023-0138.

(j) Terminating Action for Certain Tasks Required by AD 2023-04-06

    Accomplishing the actions required by this AD terminates the 
corresponding requirements of AD 2023-04-06 for the tasks identified 
in the service information referenced in EASA AD 2023-0138 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 206-231-3367; 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 2023-0138, 
dated July 13, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0138, 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 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 February 16, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-05492 Filed 3-15-24; 8:45 am]
BILLING CODE 4910-13-P