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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2023-1491; Project Identifier MCAI-2022-01644-T; Amendment 39-22505; AD 2023-14-05]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Final rule; request for comments.
 SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-10-08, which applied to certain Airbus SAS Model A320-214, -251N, and -271N airplanes. AD 2022-10-08 required a one-time detailed inspection of the affected passenger seats and corrective actions if necessary. Since the FAA issued AD 2022-10-08, it was determined that additional passenger seats are affected. This AD continues to require the actions in AD 2022-10-08, and also requires inspecting additional affected passenger seats; 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 13, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 13, 2023. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of June 7, 2022 (87 FR 31129, May 23, 2022). The FAA must receive comments on this AD by October 13, 2023.
 ADDRESSES: You may send comments, using the procedures found in 14 CFR 
                        ( print page 59443)
                        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-2023-1491; 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 AD 2021-0166 and EASA AD 2021-0166R1 that are incorporated by reference 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 EASA AD 2021-0166R1 on the EASA website at 
                        *ad.easa.europa.eu.*
                         You may find EASA AD 2021-0166 incorporated by reference in this AD at 
                        *regulations.gov*
                         under Docket No. FAA-2023-1491.
                    You may view this service information 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-2023-1491.
 FOR FURTHER INFORMATION CONTACT: Timothy 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 
                    **ADDRESSES**
                    . Include “Docket No. FAA-2023-1491; Project Identifier MCAI-2022-01644-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 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 The FAA issued AD 2022-10-08, Amendment 39-22046 (87 FR 31129, May 23, 2022) (AD 2022-10-08), for certain Airbus SAS Model A320-214, -251N, and -271N airplanes. AD 2022-10-08 was prompted by an MCAI originated by EASA, which is the Technical Agent for the Member States of the European Union. EASA issued AD 2021-0166, dated July 13, 2021 (EASA AD 2021-0166), to correct an unsafe condition. AD 2022-10-08 required a one-time detailed inspection of the affected passenger seats and corrective actions if necessary. The FAA issued AD 2022-10-08 to address deformation or compression of the seat rail covers caused by improper transportation, handling, or installation on the airplane. This condition, if not addressed, could lead to seat track detachment, possibly resulting in injury to passengers. Actions Since AD 2022-10-08 Was Issued Since the FAA issued AD 2022-10-08, EASA superseded EASA AD 2021-0166, and issued EASA AD 2021-0166R1, dated December 22, 2022 (EASA AD 2021-0166R1) (also referred to as the MCAI), to correct an unsafe condition for certain Airbus SAS Model A320-214, -251N, and -271N airplanes. The MCAI states that damaged seat rail covers were detected in the forward and aft seat fixation area of some airplanes during initial delivery. The MCAI states that since EASA AD 2021-0166 was issued, it was determined that additional passenger seats are affected. The FAA is issuing this AD to address deformation or compression of the seat rail covers caused by improper transportation, handling, or installation on the airplane. This condition, if not addressed, could lead to seat track detachment, possibly resulting in injury to passengers. You may examine the MCAI in the AD docket at 
                    *regulations.gov*
                     under Docket No. FAA-2023-1491. Explanation of Retained Requirements Although this AD does not explicitly restate the requirements of AD 2022-10-08, this AD retains all of the requirements of AD 2022-10-08. Those requirements are referenced in EASA AD 2021-0166R1, which, in turn, is referenced in paragraph (g) of this AD. Related Service Information Under 1 CFR Part 51 EASA AD 2021-0166R1 specifies procedures for a detailed inspection of the affected parts and corrective actions. Corrective actions include replacement of the seat or the seat rail covers. This AD also requires EASA AD 2021-0166, which the Director of the Federal Register approved for incorporation by reference on June 7, 2022 (87 FR 31129, May 23, 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 MCAI described above. The FAA is issuing this AD after determining that 
                    ( print page 59444)
                    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 2021-0166R1 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 2021-0166R1 is incorporated by reference in this AD. This AD requires compliance with EASA AD 2021-0166R1 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 2021-0166R1 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 2021-0166R1. Service information required by EASA AD 2021-0166R1 for compliance will be available at 
                    *regulations.gov*
                     under Docket No. FAA-2023-1491 after this AD is published. FAA's Justification and Determination of the Effective Date There are currently no domestic operators of these products. Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the forgoing reasons, 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. 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 Currently, there are no affected U.S.-registered airplanes. If an affected airplane is imported and placed on the U.S. Register in the future, the FAA provides the following cost estimates to comply with this AD: Estimated Costs for Required Actions
Action
Labor cost
Parts cost
Cost per
                             productRetained actions from AD 2022-10-08
2 work-hours × $85 per hour = $170
$0
$170New actions
2 work-hours × $85 per hour = $170
0
170
 The FAA estimates the following costs to do any necessary on-condition action that would be required based on the results of any required actions. The FAA has no way of determining the number of aircraft that might need this on-condition action: Estimated Costs of On-Condition Action
Action
Labor cost
Parts cost
Cost per productSeat rail cover replacement
1 work-hour × $85 per hour = $85
Up to $160
Up to $245 (per rail cover).Seat replacement
3 work-hours × $85 per hour = $255
Up to $21,600
Up to $21,855 (per seat).
 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
 2.The FAA amends § 39.13 by: a.Removing Airworthiness Directive (AD) 2022-10-08, Amendment 39-22046 ( 87 FR 31129, May 23, 2022); and b.Adding the following new AD: **2023-14-05 Airbus SAS:**
                             Amendment 39-22505; Docket No. FAA-2023-1491; Project Identifier MCAI-2022-01644-T. (a) Effective Date This airworthiness directive (AD) is effective September 13, 2023. (b) Affected ADs This AD replaces AD 2022-10-08, Amendment 39-22046 (87 FR 31129, May 23, 2022) (AD 2022-10-08). (c) Applicability This AD applies to Airbus SAS Model A320-214, -251N, and -271N airplanes, certificated in any category, as identified in European Union Aviation Safety Agency (EASA) AD 2021-0166R1, dated December 22, 2022 (EASA AD 2021-0166R1). (d) Subject Air Transport Association (ATA) of America Code 25, Equipment/Furnishings. (e) Unsafe Condition This AD was prompted by reports that damaged seat rail covers were detected in the forward and aft seat fixation area of some airplanes during initial delivery. Since AD 2022-10-08 was issued, it was determined that additional passenger seats are affected. The FAA is issuing this AD to address deformation or compression of the seat rail covers caused by improper transportation, handling, or installation on the airplane. This condition, if not addressed, could lead to seat track detachment, possibly resulting in injury to 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, EASA AD 2021-0166R1. (h) Exceptions to EASA AD 2021-0166R1 (1) Where paragraph (1) of EASA AD 2021-0166R1 specifies to accomplish a detailed inspection of each affected part within 12 months after July 27, 2021 (the effective date of EASA AD 2021-0166, dated July 13, 2021 (EASA AD 2021-0166)), for this AD do the inspection at the applicable compliance time specified in paragraph (h)(1)(i) or (ii) of this AD. (i) For the parts identified in Appendix 1 of EASA AD 2021-0166, do the inspection within 12 months after June 7, 2022 (the effective date of AD 2022-10-08). (ii) For the parts identified in Appendix 1 of EASA AD 2021-0166R1, except those identified in Appendix 1 of EASA AD 2021-0166, do the inspection within 6 months after the effective date of this AD. (2) Where paragraph (2) of EASA AD 2021-0166R1 specifies actions if “discrepancies are detected,” for this AD a discrepancy is an out-of-tolerance distance between the forward and aft attachment screws or a damaged (deformed or compressed) seat rail cover. (3) Where paragraph (3) of EASA AD 2021-0166R1 allows deferral of certain actions, for this AD replace the text “in accordance with the applicable instructions and limitations of Master Minimum Equipment List (MMEL) item 25-20-01A” with “in accordance with the applicable instructions and limitations of FAA MMEL item 25-21-01 or equivalent instructions and limitations in the operator's existing FAA-approved minimum equipment list (MEL)”. (4) Where paragraph (4) of EASA AD 2021-0166R1 refers to its effective date, this AD requires using the effective date of this AD. (5) This AD does not adopt the “Remarks” section of EASA AD 2021-0166R1. (i) No Reporting Requirement Although the service information referenced in EASA AD 2021-0166R1 specifies to submit certain information 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 International Validation Branch, send it to the attention of the person identified in paragraph (k) 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. (3) 
                            *Required for Compliance (RC):*
                             Except as required by paragraph (j)(2) of this AD, if any service information 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 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 service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (3) The following service information was approved for IBR on September 13, 2023. (i) European Union Aviation Safety Agency (EASA) AD 2021-0166R1, dated December 22, 2022. (ii) [Reserved] (4) The following service information was approved for IBR on June 7, 2022 (87 FR 31129, May 23, 2022). (i) EASA AD 2021-0166, dated July 13, 2021. (ii) [Reserved] (5) For EASA AD 2021-0166 and EASA AD 2021-0166R1, 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 EASA AD 2021-0166R1 on the EASA website at 
                            *ad.easa.europa.eu.*
                             You may find EASA AD 2021-0166 at 
                            *regulations.gov*
                             under Docket No. FAA-2023-1491. **Note 1 to paragraph (l)(5):**
                             EASA AD 2021-0166 is no longer available through the EASA website. The FAA will provide access to this material for the life of this AD as required by 5 U.S.C. 552(a) and 1 CFR part 51. (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. This material may be found in the AD docket at 
                            *regulations.gov*
                             under Docket No. FAA-2023-1491. (7) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email 
                            *fr.inspection@nara.gov,*
                             or go to: 
                            *www.archives.gov/​federal-register/​cfr/​ibr-locations.html.* Issued on August 22, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service.


[FR Doc. 2023-18527 Filed 8-28-23; 8:45 am] BILLING CODE 4910-13-P