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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
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Final rule.
 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:* For EASA material 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 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 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 
                        *Erik.Bedillion@faa.gov.*


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.
                    ( print 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.
                             operatorsUp to 13 work-hours × $85 per hour = $1,105
Up to $2,800
Up to $3,905
Up to $1,261,315.
 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
 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 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.
                            ( print 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: 
                            *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 (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 
                            *Erik.Bedillion@faa.gov.* (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 
                            *ADs@easa.europa.eu;*
                             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 
                            *fr.inspection@nara.gov,*
                             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