[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69013-69015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22080]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0026; Project Identifier MCAI-2022-01210-T; 
Amendment 39-22443; AD 2023-10-07]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A319-151N, -153N and -171N airplanes; Model 
A320-251N, -252N, -253N, -271N, -272N, and -273N airplanes; and Model 
A321-251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX, 
and -272NX airplanes. This AD was prompted by a safety review of the 
airplane fuel system, which identified that the electrical harness 
routing of the engine low pressure shut off valve (LPSOV) is not 
adequately protected against uncontained engine rotor failure (UERF). 
This AD requires modification of the LPSOV electrical harness routing 
on either the left-hand engine or the right-hand engine, 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 November 9, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 9, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0026; 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 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For EASA material incorporated by reference in this AD, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#17565364577276647639726265786776397262"><span class="__cf_email__" data-cfemail="9ddcd9eeddf8fceefcb3f8e8eff2edfcb3f8e8">[email protected]</span></a>; 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 in the AD docket at 
regulations.gov under Docket No. FAA-2023-0026.

FOR FURTHER INFORMATION CONTACT: Erik Bedillion, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone 404-474-5583; email <a href="/cdn-cgi/l/email-protection#0540776c6e2b4760616c69696c6a6b456364642b626a73"><span class="__cf_email__" data-cfemail="0247706b692c4067666b6e6e6b6d6c426463632c656d74">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus SAS 
Model A319-151N, -153N and -171N airplanes; Model A320-251N, -252N, -
253N, -271N, -272N, and -273N airplanes; and Model A321-251N, -252N, -
253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX, and -272NX 
airplanes. The NPRM published in the Federal Register on January 30, 
2023 (88 FR 5817). The NPRM was prompted by AD 2022-0185, dated 
September 5, 2022, issued by EASA, which is the Technical Agent for the 
Member States of the European Union (EASA AD 2022-0185) (also referred 
to as the MCAI). The MCAI states during a safety review of the airplane 
fuel system, it was identified that the electrical harness routing of 
the engine LPSOV is not adequately protected against UERF.
    In the NPRM, the FAA proposed to require modification of the LPSOV 
electrical harness routing on either the left-hand engine or the right-
hand engine, as specified in EASA AD 2022-0185. The FAA is issuing this 
AD to address inadequate protection of the LPSOV against UERF. The 
unsafe condition, if not addressed, could result in loss of engine fuel 
isolation capability in case of UERF, possibly resulting in an 
uncontrolled fire.

[[Page 69014]]

    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0026.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

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

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0185 specifies procedures for modification of the 
LPSOV electrical harness routing on either the left-hand engine (for 
airplanes with LEAP-1A series engines installed) or the right-hand 
engine (for airplanes with PW1100 series engines installed).
    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 323 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 13 work-hours x $85 per hour =   Up to $2,800...........  Up to $3,905...........  Up to $1,261,315.
 $1,105.
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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.

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:

2023-10-07 Airbus SAS: Amendment 39-22443; Docket No. FAA-2023-0026; 
Project Identifier MCAI-2022-01210-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 9, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2022-0185, dated September 5, 2022 (EASA AD 2022-0185).
    (1) Model A319-151N, -153N and -171N airplanes.
    (2) Model A320-251N, -252N, -253N, -271N, -272N, and -273N 
airplanes.
    (3) Model A321-251N, -252N, -253N, -271N, -272N, -251NX, -252NX, 
-253NX, -271NX, and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by a safety review of the airplane fuel 
system, which identified that the electrical harness routing of the 
engine low pressure shut off valve (LPSOV) is not adequately 
protected against uncontained engine rotor failure (UERF). The FAA 
is issuing this AD to address inadequate protection of the LPSOV 
against UERF. The unsafe condition, if not addressed, could result 
in loss of engine fuel isolation capability in case of UERF, 
possibly resulting in an uncontrolled fire

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    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 2022-0185.

[[Page 69015]]

(h) Exceptions to EASA AD 2022-0185

    (1) Where EASA AD 2022-0185 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 
2022-0185.
    (3) Where EASA AD 2022-0185 specifies to modify ``in accordance 
with the instructions of the SB, or contact Airbus for approved 
instructions whenever necessary,'' this AD requires obtaining 
instructions before further flight using the procedures specified in 
paragraph (i)(2) of this AD if any actions cannot be done in 
accordance with the instructions of the SB.

(i) 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 (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#89b0a4c8dfdaa4c8c0dba4bebab9a4c8c4c6cac9efe8e8a7eee6ff"><span class="__cf_email__" data-cfemail="c3faee829590ee828a91eef4f0f3ee828e8c8083a5a2a2eda4acb5">[email protected]</span></a>. 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 (i)(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.

(j) Additional Information

    For more information about this AD, contact Erik Bedillion, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone 404-474-5583; email 
<a href="/cdn-cgi/l/email-protection#3d784f5456137f58595451515452537d5b5c5c135a524b"><span class="__cf_email__" data-cfemail="6a2f18030144280f0e0306060305042a0c0b0b440d051c">[email protected]</span></a>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0185, 
dated September 5, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0185, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#e7a6a394a782869486c9829295889786c98292"><span class="__cf_email__" data-cfemail="7534310635101406145b1000071a05145b1000">[email protected]</span></a>; website easa.europa.eu. You may find this EASA 
AD 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 that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
<a href="/cdn-cgi/l/email-protection#8aecf8a4e3e4f9faefe9fee3e5e4cae4ebf8eba4ede5fc"><span class="__cf_email__" data-cfemail="076175296e6974776264736e6869476966756629606871">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 27, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22080 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-13-P


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