89 FR 240 pgs. 100734-100737 - Airworthiness Directives; Airbus SAS Airplanes
Type: RULEVolume: 89Number: 240Pages: 100734 - 100737
Pages: 100734, 100735, 100736, 100737Docket number: [Docket No. FAA-2024-2553; Project Identifier MCAI-2024-00674-T; Amendment 39-22908; AD 2024-25-06]
FR document: [FR Doc. 2024-29539 Filed 12-11-24; 4:15 pm]
Agency: Transportation Department
Sub Agency: Federal Aviation Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2553; Project Identifier MCAI-2024-00674-T; Amendment 39-22908; AD 2024-25-06]
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 A318 series airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, -133, -151N, -153N, and -171N airplanes; Model A320 series airplanes; and Model A321 series airplanes. This AD was prompted by reports of jamming of, or inability to open, the main landing gear (MLG) door during maintenance operations. This AD requires repetitive inspection of the MLG doors, and, depending on findings, accomplishment of applicable corrective actions, and prohibits the installation of affected parts 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 December 30, 2024.
The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 30, 2024.
The FAA must receive comments on this AD by January 27, 2025.
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.
• 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-2024-2553; 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 ADs@easa.europa.eu; 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 at regulations.gov under Docket No. FAA-2024-2553.
FOR FURTHER INFORMATION CONTACT:
Timothy P. Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3667; email timothy.p.dowling@faa.gov.
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-2024-2553; Project Identifier MCAI-2024-00674-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, 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 Timothy P. Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3667; email timothy.p.dowling@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.
Background
[top] EASA, which is the Technical Agent for the Member States of the European
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0216 specifies procedures for repetitive inspections for any discrepancy of each affected MLG door, replacing affected parts, and eventual replacement of all affected parts. The discrepancy is defined as any MLG door actuator that does not meet all the results specified in the table in paragraph 5.6.2.2 in the material referenced in EASA AD 2024-0216. EASA AD 2024-0216 also prohibits the installation of affected parts. 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 2024-0216 described previously, except for any differences identified as exceptions in the regulatory text of this AD and except as discussed under "Differences Between This AD and the MCAI."
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 2024-0216 is incorporated by reference in this AD. This AD requires compliance with EASA AD 2024-0216 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 2024-0216 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 2024-0216. Material required by EASA AD 2024-0216 for compliance will be available at regulations.gov under Docket No. FAA-2024-2553 after this AD is published.
Differences Between This AD and the MCAI
Paragraph (3) of EASA AD 2024-0216 specifies to replace each affected part with a serviceable part within 12 months. The FAA is considering requiring this replacement. However, the planned compliance time for the replacement would allow enough time to provide notice and opportunity for prior public comment on the merits of the replacement, and the unsafe condition is being addressed through repetitive inspections. Therefore, this AD does not adopt the requirements of paragraph (3) of EASA AD 2024-0216. However, operators may still do this optional terminating replacement.
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 certain MLG door actuators may not have been assembled correctly. This condition, if not detected and corrected, could prevent the extension of the MLG, possibly resulting in significant damage to the airplane, and potentially causing a fire that will involve emergency evacuation of the passengers. Additionally, the 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
[top] The FAA estimates that this AD affects 1,933 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:
| Labor cost | Parts cost | Cost per product | Cost on U.S. operators |
|---|---|---|---|
| 2 work-hours × $85 per hour = $170 | $0 | $170 | $328,610 |
| Labor cost | Parts cost | Cost per product |
|---|---|---|
| 3 work-hours × $85 per hour = $255 | $9,324 | $9,579 |
The FAA estimates the following costs to do any necessary on-condition action that would be required based on the results of any required or optional actions. The FAA has no way of determining the number of aircraft that might need this on-condition action:
| Labor cost | Parts cost | Cost per product |
|---|---|---|
| 7 work-hours × $85 per hour = $595 | $9,324 | $9,919 |
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
1. The authority citation for part 39 continues to read as follows:
Authority:
49 U.S.C. 106(g), 40113, 44701.
§?39.13 [Amended]
2. The FAA amends §?39.13 by adding the following new airworthiness directive:
2024-25-06 Airbus S.A.S: Amendment 39-22908; Docket No. FAA-2024-2553; Project Identifier MCAI-2024-00674-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 30, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes, certificated in any category, as identified in paragraphs (c)(1) through (4) of this AD.
(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,-253NY, -271NX, and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing Gear.
(e) Unsafe Condition
This AD was prompted by reports of jamming of, or inability to open, the main landing gear (MLG) door during maintenance operations. Investigations identified that certain MLG door actuators may not have been assembled correctly. The FAA is issuing this AD to address this condition, which if not detected and corrected, could prevent the extension of the MLG, possibly resulting in significant damage to the airplane, and potentially causing a fire that will involve emergency evacuation of the passengers.
(f) Compliance
Comply with this AD within the compliance times specified, unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2024-0216, dated November 15, 2024 (EASA AD 2024-0216).
(h) Exceptions to EASA AD 2024-0216
(1) Where EASA AD 2024-0216 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 2024-0216.
[top] (3) Where EASA AD 2024-0216 defines a serviceable part as an "MLG actuator, eligible for installation in accordance with Airbus instructions, which is not an affected part," this AD requires replacing that text with
(4) Where paragraph (1) of EASA AD 2024-0216 specifies to accomplish an inspection "in accordance with the instructions of the AOT" this AD requires replacing that text with "in accordance with step 5.6.2 of the instructions of the AOT."
(5) Where paragraph (2) of EASA AD 2024-0216 states "any discrepancy on an affected MLG door is detected, as defined in the AOT" this AD requires replacing the text with a "any MLG door actuator that does not meet all the results specified in the table in paragraph 5.6.2.2 in the referenced AOT is detected".
(6) This AD does not adopt the requirements specified in paragraph (3) of EASA AD 2024-0216.
(i) No Reporting or Return of Parts Requirement
Although the material referenced in EASA AD 2024-0216 specifies to submit certain information and send removed parts to the manufacturer, this AD does not include that requirement.
(j) 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 (k) of this AD and email to: 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.
(3) Required for Compliance (RC): Except as required by paragraph (j)(2) of this AD, if any material contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC.
(k) Additional Information
For more information about this AD, contact Timothy P. Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3667; email timothy.p.dowling@faa.gov.
(l) 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.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0216, dated November 15, 2024.
(ii) [Reserved]
(3) 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 this material on the EASA website at ad.easa.europa.eu.
(4) 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.
(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 fr.inspection@nara.gov.
Issued on December 5, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service.
[FR Doc. 2024-29539 Filed 12-11-24; 4:15 pm]
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