Airworthiness Directives; Airbus SAS Airplanes

[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Rules and Regulations]
[Pages 100734-100737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29539]


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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.

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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:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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:
    <bullet> 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.
    <bullet> 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 [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-2024-2553; 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 
[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

[[Page 100735]]

Union, has issued EASA AD 2024-0216, dated November 15, 2024 (EASA AD 
2024-0216) (also referred to as the MCAI), to correct an unsafe 
condition for all Airbus SAS Model A318 series airplanes; Model A319-
111, -112, -113, -114, -115, -131, -132, -133, -151N, -153N, and -171N 
airplanes; Model A320-211, -212, -214, -215, -216, -231, -232, -233, -
251N, -252N, -253N, -271N, -272N, and -273N airplanes; and Model A321 
series airplanes. Model A320-215 airplanes are not certificated by the 
FAA and are not included on the U.S. type certificate data sheet; this 
AD therefore does not include those airplanes in the applicability. 
Model A321-253NY airplanes are not on the U.S. type certificate data 
sheet. However, the U.S. has certificated this model and plans to add 
it to the U.S. type certificate data sheet soon. Therefore, this AD 
includes Model A321-253NY airplanes. The MCAI states that occurrences 
were reported of jamming of, or inability to open, the 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. You may examine 
the MCAI in the AD docket at regulations.gov under Docket No. FAA-2024-
2553.

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

    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:

[[Page 100736]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170         $328,610
----------------------------------------------------------------------------------------------------------------


                  Estimated Costs for Optional Actions
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            Labor cost                 Parts cost      Cost per product
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3 work-hours x $85 per hour = $255          $9,324               $9,579
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    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:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
            Labor cost                 Parts cost      Cost per product
------------------------------------------------------------------------
7 work-hours x $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

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:

2024-25-06 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.
    (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

[[Page 100737]]

``MLG actuator, eligible for installation, which is not an affected 
part.''
    (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: 
[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.
    (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 
[email protected].

(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 [email protected]; 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 [email protected].

    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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