[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 34982-34985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09339]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2240; Project Identifier MCAI-2023-00936-T; 
Amendment 39-22717; AD 2024-06-12]
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) 2021-24-
20, which applied to all Airbus SAS Model A350-941 and -1041 airplanes, 
and AD 2023-03-05, which applied to certain Airbus SAS Model A350-941 
and -1041 airplanes. AD 2021-24-20 required repetitive water drainage 
and plug cleaning of the left- and right-hand slat geared rotary 
actuators (SGRAs) having a certain part number installed on slat 5 
track 12 with certain functional item numbers. AD 2023-03-05 required 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. This 
AD was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. This AD continues to require 
certain actions in AD 2021-24-20 and AD 2023-03-05 and 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

[[Page 34983]]

issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective June 5, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 5, 
2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of March 
23, 2023 (88 FR 10011, February 16, 2023).
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
January 27, 2022 (86 FR 72838, December 23, 2021).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-2240; 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-2023-2240.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-24-20, Amendment 39-21841 (86 FR 
72838, December 23, 2021) (AD 2021-24-20) and AD 2023-03-05, Amendment 
39-22330 (88 FR 10011, February 16, 2023) (AD 2023-03-05). AD 2021-24-
20 applied to all Airbus SAS Model A350-941 and -1041 airplanes. AD 
2021-24-20 required repetitive water drainage and plug cleaning of the 
left- and right-hand SGRAs having a certain part number installed on 
slat 5 track 12 with certain functional item numbers. The FAA issued AD 
2021-24-20 to address SGRA jams, which could result in reduced control 
of the airplane.
    AD 2023-03-05 applied to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2023-03-05 required revising the existing 
maintenance or inspection program, as applicable, to incorporate 
additional new or more restrictive airworthiness limitations. The FAA 
issued AD 2023-03-05 to address an unsafe condition.
    The NPRM published in the Federal Register on December 15, 2023 (88 
FR 86840). The NPRM was prompted by AD 2023-0157, dated July 31, 2023, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2023-0157) (also referred to as the MCAI). 
The MCAI states that new or more restrictive airworthiness limitations 
have been developed.
    In the NPRM, the FAA proposed to continue to require certain 
actions in AD 2021-24-20 and AD 2023-03-05 and 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 2023-0157. 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-2023-2240.

Discussion of Final Airworthiness Directive

Comments

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

Request for Clarification of Applicability to Newly Delivered Airplanes

    DAL requested whether airplanes with an original airworthiness 
certificate or original export certificate of airworthiness issued 
after June 1, 2023, must continue to comply with AD 2019-20-01, 
Amendment 39-19754 (84 FR 55495, October 17, 2019) (AD 2019-20-01), and 
AD 2021-24-20, Amendment 39-21841 (86 FR 72838, December 23, 2021) (AD 
2021-24-20), since the new AD does not apply to those airplanes.
    The FAA agrees to clarify. For airworthiness limitation ADs, 
applicability is limited to airplanes that are certificated without the 
new airworthiness limitation document and thus do not apply to 
airplanes in production. Hence the AD identifies airplanes that were 
certificated on or before the publication date of the new airworthiness 
limitation document (for most manufacturers). In this case, the new 
airworthiness limitation document was published on June 1, 2023. In the 
preamble of the NPRM, the FAA explained ``Airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued after June 1, 2023, must comply with the 
airworthiness limitations specified as part of the approved type design 
and referenced on the type certificate data sheet; this proposed AD 
therefore does not include those airplanes in the applicability.'' 
Thus, those airplanes are no longer required to comply with AD 2019-20-
01 or AD 2021-24-20 after the effective date of this AD because those 
operators are complying with the new airworthiness limitation document 
as part of the approved type design, which addresses the unsafe 
condition identified in AD 2019-20-01 and AD 2021-24-20. The FAA has 
not changed this AD in this regard.

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 requires EASA AD 2023-0157. This service information 
specifies new or more restrictive airworthiness limitations for 
airplane structures and safe life limits.
    This AD also requires EASA AD 2022-0127, dated June 28, 2022, which

[[Page 34984]]

the Director of the Federal Register approved for incorporation by 
reference as of March 23, 2023 (88 FR 10011, February 16, 2023).
    This AD also requires EASA AD 2021-0130R1, dated June 10, 2021, 
which the Director of the Federal Register approved for incorporation 
by reference as of January 27, 2022 (86 FR 72838, December 23, 2021).
    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 30 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                             Estimated Costs for Retained Actions From AD 2021-24-20
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                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
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Retained actions from AD 2021-24-20.  4 work-hours x $85 per               $0             $340          $10,200
                                       hour = $340.
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    The FAA estimates the total cost per operator for the retained 
actions from AD 2023-03-05 to be $7,650 (90 work-hours x $85 per work-
hour).
    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.
    The FAA estimates the total cost per operator for the new actions 
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:
0
a. Removing Airworthiness Directive (AD) 2021-24-20, Amendment 39-21841 
(86 FR 72838, December 23, 2021); and AD 2023-03-05, Amendment 39-22330 
(88 FR 10011, February 16, 2023); and
0
b. Adding the following new AD:

2024-06-12 Airbus SAS: Amendment 39-22717; Docket No. FAA-2023-2240; 
Project Identifier MCAI-2023-00936-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 5, 2024.

(b) Affected ADs

    (1) This AD replaces AD 2021-24-20, Amendment 39-21841 (86 FR 
72838, December 23, 2021) (AD 2021-24-20); and AD 2023-03-05, 
Amendment 39-22330 (88 FR 10011, February 16, 2023) (AD 2023-03-05).
    (2) This AD affects AD 2019-20-01, Amendment 39-19754 (84 FR 
55495, October 17, 2019) (AD 2019-20-01).

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before June 1, 2023.

(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 hazardous or catastrophic airplane system 
failures.

(f) Compliance

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

(g) Retained Requirements of AD 2021-24-20, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2021-24-20, with no changes. 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 2021-0130R1, dated June 10, 2021 (EASA AD 2021-
0130R1). Accomplishing the revision of the existing maintenance or 
inspection program required by paragraph (m) of this AD terminates 
the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2021-0130R1, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(h) of AD 2021-24-20, with no changes.
    (1) Where EASA AD 2021-0130R1 refers to ``the effective date of 
the original issue of this [EASA] AD,'' this AD requires using 
January 27, 2022 (the effective date of AD 2021-24-20).

[[Page 34985]]

    (2) The ``Remarks'' section of EASA AD 2021-0130R1 does not 
apply to this AD.

(i) Retained No Reporting for EASA AD 2021-0130R1, With No Changes

    This paragraph restates the no reporting requirement of 
paragraph (i) of AD 2021-24-20, with no changes. Although the 
service information referenced in EASA AD 2021-0130R1 specifies to 
submit certain information to the manufacturer, this AD does not 
include that requirement.

(j) Retained Revision of the Existing Maintenance or Inspection 
Program, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD 
2023-03-05, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before May 2, 2022: Except as specified 
in paragraph (k) of this AD, comply with all required actions and 
compliance times specified in, and in accordance with, EASA AD 2022-
0127, dated June 28, 2022 (EASA AD 2022-0127). Accomplishing the 
revision of the existing maintenance or inspection program required 
by paragraph (m) of this AD terminates the requirements of this 
paragraph.

(k) Retained Exceptions to EASA AD 2022-0127, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(k) of AD 2023-03-05, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2022-0127 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0127 specifies to revise ``the 
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 March 23, 2023 (the effective date 
of AD 2023-03-05).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2022-0127 is at the applicable 
``limitations'' as incorporated by the requirements of paragraph (3) 
of EASA AD 2022-0127, or within 90 days after March 23, 2023 (the 
effective date of AD 2023-03-05), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2022-0127 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2022-0127 does not apply 
to this AD.

(l) Retained Restrictions on Alternative Actions and Intervals With a 
New Exception

    This paragraph restates the requirements of paragraph (l) of AD 
2022-0127, with a new exception. Except as required by paragraph (m) 
of this AD, after the existing maintenance or inspection program has 
been revised as required by paragraph (j) 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 2022-0127.

(m) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (n) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2023-0157, dated July 31, 2023 (EASA AD 
2023-0157). Accomplishing the revision of the existing maintenance 
or inspection program required by this paragraph terminates the 
requirements of paragraphs (g) and (j) of this AD.

(n) Exceptions to EASA AD 2023-0157

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2023-0157.
    (2) Paragraph (3) of EASA AD 2023-0157 specifies revising ``the 
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 2023-0157 is at the applicable ``limitations'' 
and ``associated thresholds'' as incorporated by the requirements of 
paragraph (3) of EASA AD 2023-0157, or within 90 days after the 
effective date of this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in 
paragraphs (4) and (5) of EASA AD 2023-0157.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0157.

(o) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (m) 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 2023-0157.

(p) Terminating Action for Certain Tasks Required by AD 2019-20-01

    After the maintenance or inspection program has been revised as 
required by paragraph (j) or (m) of this AD, the repetitive greasing 
specified in EASA AD 2018-0234R1, dated November 13, 2018, and EASA 
AD 2018-0234R2, dated September 17, 2019, as required by AD 2019-20-
01, is terminated for thrust reverser actuators, having part number 
(P/N) 351D9908-689, P/N 351D9908-691 or P/N 351D9908-693.

(q) 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 (r) 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.

(r) Additional Information

    For more information about this AD, contact Dat Le, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7300; email [email protected].

(s) 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 
June 5, 2024.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0157, 
dated July 31, 2023.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
March 23, 2023 (88 FR 10011, February 16, 2023).
    (i) EASA AD 2022-0127, dated June 28, 2022.
    (ii) [Reserved]
    (5) The following service information was approved for IBR on 
January 27, 2022 (86 FR 72838, December 23, 2021).
    (i) EASA AD 2021-0130R1, dated June 10, 2021.
    (ii) [Reserved]
    (6) For EASA ADs 2021-0130R1, 2022-0127, and 2023-0157, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 
221 8999 000; email [email protected]; website easa.europa.eu. You 
may find these EASA ADs on the EASA website at ad.easa.europa.eu.
    (7) 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.
    (8) 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 22, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-09339 Filed 4-30-24; 8:45 am]
BILLING CODE 4910-13-P