[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Rules and Regulations]
[Pages 72309-72311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20112]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2132; Project Identifier MCAI-2024-00417-T; 
Amendment 39-22830; AD 2024-17-05]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A330-200, -200 Freighter, -300, -800, and -900 series 
airplanes, and A340-200 and -300 series airplanes. This AD was prompted 
by a report of incorrect instructions in the aircraft maintenance 
manual (AMM) that specify using oxygen instead of nitrogen for a 
pressure test, which could lead to an uncontrolled fire during 
maintenance. This AD prohibits using specific AMM tasks that include 
the incorrect instructions, 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 20, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
20, 2024.
    The FAA must receive comments on this AD by October 21, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
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-2024-2132; 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 material identified 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 Street, 
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-2024-2132.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3229; 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 
the ADDRESSES section. Include ``Docket No. FAA-2024-2132; Project 
Identifier MCAI-2024-00417-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,

[[Page 72310]]

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 
Vladimir Ulyanov, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 206-231-3229; 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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2024-0143, dated July 19, 2024 (EASA 
AD 2024-0143) (also referred to as the MCAI), to correct an unsafe 
condition on all Airbus SAS Model A330-201, -202, -203, -223, -223F, -
243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, -343, -841 
and -941 airplanes; and all Airbus SAS Model A340-211, -212, -213, -
311, -312 and -313 airplanes. The MCAI states that AMM Task 55-11-14-
400-801-A has incorrect instructions in AMM revisions January 2024, 
April 2024, and July 2024. The MCAI states that a note in section 
4.F.(1), (``NOTE: You can do the pressure test with dry air or 
oxygen''), provides incorrect instructions by indicating ``oxygen'' 
instead of ``nitrogen.'' If oxygen is used instead of nitrogen, it 
could lead to an uncontrolled fire during maintenance, with possible 
total loss of the airplane and potential serious injuries to people on 
the ground. To address the unsafe condition, the MCAI prohibits the use 
of the AMM task with the incorrect instructions from the effective date 
of the MCAI.
    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-2024-2132.

Material Incorporated by Reference Under 1 CFR Part 51

    EASA AD 2024-0143 prohibits using AMM Task 55-11-14-400-801-A as 
specified in the Airbus A330/340 AMM, revision January 2024, April 
2024, and July 2024. The EASA AD also notes that using certain AMM 
temporary revisions (TRs) (Airbus A330 AMM TR to AMM Task 55-11-14-400-
801-A, based on AMM Revision dated July 2024, issue date July 4, 2024; 
and Airbus A340 AMM TR to AMM Task 55-11-14-400-801-A, based on AMM 
Revision dated July 2024, issue date July 10, 2024; as applicable), or 
any AMM revision which includes the technical content of the AMM TRs, 
that provide correct instructions is acceptable. 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 
referenced above. The FAA is issuing this AD after determining that 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 
2024-0143 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 2024-0143 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2024-0143 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 2024-0143 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 
2024-0143. Material required by EASA AD 2024-0143 for compliance will 
be available at regulations.gov under Docket No. FAA-2024-2132 after 
this AD is published.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 
551 et seq.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency, for ``good cause,'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because using ``oxygen'' instead of ``nitrogen'' as specified in the 
incorrect instructions in the note of certain AMM revisions could 
result an uncontrolled fire during maintenance, with possible total 
loss of the airplane and potential serious injuries to people on the 
ground. The corrective action required by this AD must be accomplished 
immediately. This compliance time in this AD is shorter than the time 
necessary for the public to comment and for publication of the final 
rule. Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b).
    In addition, 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, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

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

    The FAA estimates that this AD affects 112 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that the prohibition of using specific AMM 
tasks that include incorrect instructions (e.g., by revising the 
existing maintenance or inspection program to include the

[[Page 72311]]

prohibition or, alternatively, to include the information in the AMM 
TRs that provide the correct instructions) 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 required 
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, 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:

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:

2024-17-05 Airbus SAS: Amendment 39-22830; Docket No. FAA-2024-2132; 
Project Identifier MCAI-2024-00417-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 20, 
2024.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to all Airbus SAS airplanes specified in 
paragraphs (c)(1) and (2) of this AD, certificated in any category.
    (1) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301, 
-302, -303, -321, -322, -323, -341, -342, -343, -841 and -941 
airplanes.
    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes.

 (d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

 (e) Unsafe Condition

    This AD was prompted by report of incorrect instructions in the 
aircraft maintenance manual (AMM) that specifies using oxygen 
instead of nitrogen for a pressure test. If oxygen is used instead 
of nitrogen it could lead to an uncontrolled fire during 
maintenance, with possible total loss of the airplane and potential 
serious injuries to people on the ground.

 (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 
2024-0143, dated July 19, 2024 (EASA AD 2024-0143).

 (h) Exceptions to EASA AD 2024-0143

    (1) Where EASA AD 2024-0143 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0143.

 (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 manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (j) 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.

 (j) Additional Information

    For more information about this AD, contact Vladimir Ulyanov, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3229; email 
[email protected].

 (k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (3) The following material was approved for IBR on September 20, 
2024.
    (i) European Union Aviation Safety Agency (EASA) AD 2024-0143, 
dated July 19, 2024.
    (ii) [Reserved]
    (4) For EASA material identified 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 EASA material on the EASA website at ad.easa.europa.eu.
    (5) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.
    (6) 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 August 21, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-20112 Filed 9-3-24; 4:15 pm]
BILLING CODE 4910-13-P