Airworthiness Directives; Airbus SAS Airplanes

SUPPLEMENTARY INFORMATION:

Background

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2023-04-06, Amendment 39-22353 (88 FR 13665, March 6, 2023) (AD 2023-04-06), and AD 2024-04-07, Amendment 39-22686 (89 FR 19234, March 18, 2024). AD 2023-04-06 and AD 2024-04-07 applied to Airbus SAS Model A318-111, -112, -121, and -122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, -133, -151N, -153N, and -171N airplanes; Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -252N, -253N, -271N, -272N, and -273N airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, -232, -251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX, and -272NX airplanes. AD 2023-04-06 and AD 2024-04-07 required revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations. The FAA issued AD 2023-04-06 and AD 2024-04-07 to address a safety-significant latent failure.

The NPRM published in the Federal Register on June 18, 2024 (89 FR 51471). The NPRM was prompted by AD 2024-0030, dated January 31, 2024, issued by EASA, which is the Technical Agent for the Member States of the European Union (EASA AD 2024-0030) (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 require revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations, as specified in EASA AD 2024-0030. The FAA is issuing this AD to address a safety significant latent failure (that is 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-2024-1685.

Discussion of Final Airworthiness Directive

Comments

The FAA received comments from the Air Line Pilots Association, International (ALPA) who supported the NPRM without change.

Additional Changes Made To This AD

The proposed AD did not retain the terminating action specified in paragraph (j) of AD 2024-04-07. The FAA has added that terminating action to paragraph (j) of this AD and redesignated subsequent paragraphs of this AD accordingly.

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, and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.

Material Incorporated by Reference Under 1 CFR Part 51

EASA AD 2024-0030 specifies procedures for new or more restrictive airworthiness limitations for airplane structures and safe life limits.

This AD also requires EASA AD 2023-0138, dated July 13, 2023, which the Director of the Federal Register approved for incorporation by reference as of April 22, 2024 (89 FR 19234, March 18, 2024).

This AD also requires EASA AD 2022-0091, dated May 20, 2022, which the Director of the Federal Register approved for incorporation by reference as of April 10, 2023 (88 FR 13665, March 6, 2023).

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 1,898 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:

The FAA estimates the total cost per operator for the retained actions from AD 2023-04-06 and AD 2024-04-07 to be $7,650 (90 work hours × $85 per work hour) per 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.

The FAA estimates the total cost per operator for the new proposed actions 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.

The Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

2. The FAA amends § 39.13 by:

a. Removing Airworthiness Directive (AD) 2023-04-06, Amendment 39-22353 ( 88 FR 13665, March 6, 2023); and AD 2024-04-07, Amendment 39-22686 (89 FR 19234, March 18, 2024); and

b. Adding the following new AD:

2024-19-13 Airbus SAS: Amendment 39-22855; Docket No. FAA-2024-1685; Project Identifier MCAI-2024-00076-T.

(a) Effective Date

This airworthiness directive (AD) is effective November 26, 2024.

(b) Affected ADs

This AD replaces AD 2023-04-06, Amendment 39-22353 (88 FR 13665, March 6, 2023) (AD 2023-04-06); and AD 2024-04-07, Amendment 39-22686 (89 FR 19234, March 18, 2024) (AD 2024-04-07).

(c) Applicability

This AD applies to the 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 December 15, 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 a safety significant latent failure (that is 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) Retained Revision of the Existing Maintenance or Inspection Program, With AD 2024-04-07, With No Changes

This paragraph restates the requirements of paragraph (g) of AD 2024-04-07, with no changes. For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or before May 12, 2023: Except as specified in paragraph (h) of this AD, comply with all required actions and compliance times specified in, and in accordance with EASA AD 2023-0138, dated July 13, 2023 (EASA AD 2023-0138). Accomplishing the revision of the existing maintenance or inspection program required by paragraph (n) of this AD terminates the requirements of this paragraph.

(h) Retained Exceptions to AD 2024-04-07, With No Changes

This paragraph restates the exceptions specified in paragraph (h) of AD 2024-04-07, with no changes.

(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 April 22, 2024 (the effective date of AD 2024-04-07).

(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 April 22, 2024 (the effective date of AD 2024-04-07), whichever occurs later.

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

This paragraph restates the requirements of paragraph (i) of AD 2024-04-07, with a new exception. Except as required by paragraph (n) 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 2023-0138.

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

Accomplishing the actions required by paragraph (g) of this AD terminates the corresponding requirements of paragraph (k) of this AD for the tasks identified in the material referenced in EASA AD 2023-0138 only.

(k) Retained Revision of the Existing Maintenance or Inspection Program, With AD 2023-04-06, With No Changes

This paragraph restates the requirements of paragraph (o) of AD 2023-04-06, with no changes. For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or before February 18, 2022: Except as specified in paragraph (l) of this AD, comply with all required actions and compliance times specified in, and in accordance with EASA AD 2022-0091, dated May 20, 2022 (EASA AD 2022-0091). Accomplishing the revision of the existing maintenance or inspection program required by paragraph (n) of this AD terminates the requirements of this paragraph.

(l) Retained Exceptions to AD 2023-04-06, With No Changes

This paragraph restates the exceptions specified in paragraph (p) of AD 2023-04-06, with no changes.

(1) The requirements specified in paragraphs (1) and (2) of EASA AD 2022-0091 do not apply to this AD.

(2) Paragraph (3) of EASA AD 2022-0091 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 April 10, 2023 (the effective date of AD 2023-04-06).

(3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2022-0091 is at the applicable “associated thresholds” as incorporated by the requirements of paragraph (3) of EASA AD 2022-0091, or within 90 days after April 10, 2023 (the effective date of AD 2023-04-06), whichever occurs later.

(4) The provisions specified in paragraphs (4) and (5) of EASA AD 2022-0091 do not apply to this AD.

(5) This AD does not adopt the “Remarks” section of EASA AD 2022-0091.

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

This paragraph restates the requirements of paragraph (q) of AD 2023-04-06, with a new exception. Except as required by paragraphs (j) and (n) of this AD, after the existing maintenance or inspection program has been revised as required by paragraph (k) 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 2022-0091.

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

Except as specified in paragraph (o) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2024-0030, dated January 31, 2024 (EASA AD 2024-0030). Accomplishing the revision of the existing maintenance or inspection program required by this paragraph terminates the requirements of paragraphs (g) and (k) of this AD.

(o) Exceptions to EASA AD 2024-0030

(1) This AD does not adopt the requirements specified in paragraphs (1) and (2) of EASA AD 2024-0030.

(2) Paragraph (3) of EASA AD 2024-0030 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 AD 2024-0030 is at the applicable “associated thresholds” as incorporated by the requirements of paragraph (3) of EASA AD 2024-0030, 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 2024-0030.

(5) This AD does not adopt the “Remarks” section of EASA AD 2024-0030.

(p) New Provisions for Alternative Actions and Intervals

After the existing maintenance or inspection program has been revised as required by paragraph (n) 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 2024-0030.

(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 manager of the International Validation Branch, mail it to the address identified in paragraph (r) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 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 Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3367; email timothy.p.dowling@faa.gov.

(s) 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 November 26, 2024.

(i) European Union Aviation Safety Agency (EASA) AD 2024-0030, dated January 31, 2024.

(ii) [Reserved]

(4) The following material was approved for IBR on April 22, 2024 (89 FR 19234, March 18, 2024).

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

(ii) [Reserved]

(5) The following material was approved for IBR on April 10, 2023 (88 FR 13665, March 6, 2023).

(i) EASA AD 2022-0091, dated May 20, 2022.

(ii) [Reserved]

(6) For EASA material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find these EASA ADs on the EASA website ad.easa.europa.eu.

(7) 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.

(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 fr.inspection@nara.gov.

[FR Doc. 2024-24385 Filed 10-21-24; 8:45 am]

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