[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Proposed Rules]
[Pages 79789-79792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22444]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2323; Project Identifier MCAI-2024-00171-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2022-22-10, which applies to certain Airbus SAS Model A318, A319, A320,
and A321 series airplanes. AD 2022-22-10 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. Since the FAA issued AD
2022-22-10, the FAA has determined that new or more restrictive
airworthiness limitations are necessary. This proposed AD would
continue to require certain actions in AD 2022-22-10 and would require
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 proposed for incorporation by reference (IBR). The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by November
15, 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-2024-2323; 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 NPRM, 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 proposed 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. It is also
available at regulations.gov under Docket No. FAA-2024-2323.
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.
FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone 206-231-3367; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2024-2323;
Project Identifier MCAI-2024-00171-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, 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 proposal 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
[[Page 79790]]
information you provide. The agency will also post a report summarizing
each substantive verbal contact received about this NPRM.
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 NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, 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 NPRM. Submissions containing CBI should be sent to
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: 206-231-3367; email:
[email protected]. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
The FAA issued AD 2022-22-10, Amendment 39-22225 (87 FR 72374,
November 25, 2022) (AD 2022-22-10), for certain Airbus SAS Model A318,
A319, A320, and A321 series airplanes. AD 2022-22-10 was prompted by an
MCAI originated by EASA, which is the Technical Agent for the Member
States of the European Union. EASA issued AD 2022-0082, dated May 10,
2022 (EASA AD 2022-0082) (which corresponds to FAA AD 2022-22-10), to
correct an unsafe condition.
AD 2022-22-10 requires revising the existing maintenance or
inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations. The FAA issued AD 2022-22-
10 to address failure of certain life-limited parts, which could result
in reduced structural integrity of the airplane.
Actions Since AD 2022-22-10 Was Issued
Since the FAA issued AD 2022-22-10, EASA superseded AD 2022-0082
and issued EASA AD 2024-0066, dated March 8, 2024 (EASA AD 2024-0066)
(referred to after this as the MCAI), for all Airbus SAS Model A318,
A319, and A321 series airplanes; and Model A320-211, -212, -214, -215,
-216, -231, -232, -233, -251N, -252N, -253N, -271N, -272N, and -273N
airplanes. Model A320-215 airplanes are not certificated by the FAA and
are not included on the U.S. type certificate data sheet; this proposed
AD therefore does not include those airplanes in the applicability. The
MCAI states that new or more restrictive airworthiness limitations have
been developed.
Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after November 6, 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.
The FAA is proposing this AD to address failure of certain life-
limited parts, 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-2024-2323.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0066 specifies new or more restrictive airworthiness
tasks and limitations for airplane structures and safe life limits.
This proposed AD would also require EASA AD 2022-0082, which the
Director of the Federal Register approved for incorporation by
reference as of December 30, 2022 (87 FR 72374, November 25, 2022).
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 MCAIs
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain certain requirements of AD 2022-22-
10. This proposed AD would also require revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations, which are
specified in EASA AD 2024-0066 already described, as proposed for
incorporation by reference. Any differences with EASA AD 2024-0066 are
identified as exceptions in the regulatory text of this proposed AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (m)(1) of this proposed 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, the
FAA proposes to retain the IBR of EASA AD 2022-0082 and incorporate
EASA AD 2024-0066 by reference in the FAA final rule. This proposed AD
would, therefore, require compliance with EASA AD 2022-0082 and EASA AD
2024-0066 through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in EASA AD 2022-0082 or EASA AD 2024-0066 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 2022-
0082 or EASA AD 2024-0066. Material required by EASA AD 2022-0082 and
EASA AD 2024-0066 for compliance will be available at regulations.gov
by searching for and locating Docket No. FAA-2024-2323 after the FAA
final rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary
[[Page 79791]]
source of information for compliance with corresponding FAA ADs has
been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1,857 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2022-22-10 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 proposed
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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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) 2022-22-10, Amendment 39-22225
(87 FR 72374, November 25, 2022); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2024-2323; Project Identifier MCAI-2024-
00171-T.
(a) Comments Due Date
The FAA must receive comments on this AD by November 15, 2024.
(b) Affected ADs
This AD replaces AD 2022-22-10, Amendment 39-22225 (87 FR 72374,
November 25, 2022) (AD 2022-22-10).
(c) Applicability
This AD applies to Airbus SAS Model 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 November 6,
2023.
(1) A318-111, -112, -121, and -122 airplanes.
(2) A319-111, -112, -113, -114, -115, -131, -132, -133, -151N, -
153N, and -171N airplanes.
(3) A320-211, -212, -214, -216, -231, -232, -233, -251N, -252N,
-253N, -271N, -272N, and -273N airplanes.
(4) A321-111, -112, -131, -211, -212, -213, -231, -232, -251N, -
252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX, 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 failure of certain life-limited parts.
The unsafe condition, if not addressed, could result in reduced
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Revision of the Existing Maintenance or Inspection
Program, With a New Terminating Action
This paragraph restates the requirements of paragraph (j) of AD
2022-22-10, with a new terminating action. For airplanes with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before February 2, 2022, 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 2022-0082, dated May
10, 2022 (EASA AD 2022-0082). Accomplishing the revision of the
existing maintenance or inspection program required by paragraph (j)
of this AD terminates the requirements of this paragraph.
[[Page 79792]]
(h) Retained Exceptions to EASA AD 2022-0082, With No Changes
This paragraph restates the exceptions specified in paragraph
(k) of AD 2022-22-10, with no changes.
(1) Where EASA AD 2022-0082 refers to its effective date, this
AD requires using December 30, 2022 (the effective date of AD 2022-
22-10).
(2) The requirements specified in paragraph (1) of EASA AD 2022-
0082 do not apply to this AD.
(3) Paragraph (2) of EASA AD 2022-0082 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 December 30, 2022 (the effective
date of AD 2022-22-10).
(4) The initial compliance time for doing the tasks specified in
paragraph (2) of EASA AD 2022-0082 is at the applicable
``limitations'' as incorporated by the requirements of paragraph (2)
of EASA AD 2022-0082, or within 90 days after December 30, 2022 (the
effective date of AD 2022-22-10), whichever occurs later.
(5) The provisions specified in paragraphs (3) and (4) of EASA
AD 2022-0082 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2022-0082 does not apply
to this AD.
(i) Retained Restrictions on Alternative Actions and Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (l) of AD
2022-22-10, with a new exception. Except as required by paragraph
(j) of this AD, 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 2022-0082.
(j) New Revision of the Existing Maintenance or Inspection Program
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 2024-0066, dated March 8, 2024 (EASA AD
2024-0066). Accomplishing the revision of the existing maintenance
or inspection program required by this paragraph terminates the
requirements of paragraph (g) of this AD.
(k) Exceptions to EASA AD 2024-0066
(1) This AD does not adopt the requirements specified in
paragraph (1) of EASA AD 2024-0066.
(2) Paragraph (2) of EASA AD 2024-0066 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 (2) of EASA AD 2024-0066 is at the applicable
``limitations'' as incorporated by the requirements of paragraph (2)
of EASA AD 2024-0066, 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 (3) and (4) of EASA AD 2024-0066.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0066.
(l) New Provisions for Alternative Actions and Intervals
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 2024-0066.
(m) 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, send it to the attention of the
person identified in paragraph (n) of this AD and email 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 2022-22-10 are approved as
AMOCs for the corresponding provisions of EASA AD 2024-0066 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.
(n) Additional Information
For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 206-231-3367; email:
[email protected].
(o) 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 [DATE 35 DAYS
AFTER PUBLICATION OF THE FINAL RULE].
(i) European Union Aviation Safety Agency (EASA) AD 2024-0066,
dated March 8, 2024.
(ii) [Reserved]
(4) The following material was approved for IBR on December 30,
2022 (87 FR 72374, November 25, 2022).
(i) EASA AD 2022-0082, dated May 10, 2022.
(ii) [Reserved]
(5) 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.
(6) 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.
(7) 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 September 25, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-22444 Filed 9-30-24; 8:45 am]
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