[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 258-261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28851]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1882; Project Identifier MCAI-2023-00651-T; 
Amendment 39-22632; AD 2023-25-05]
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 superseding Airworthiness Directive (AD) 2022-07-
15, which applied to all Airbus SAS Model A318, A319, A320, and A321 
series airplanes. AD 2022-07-15 required replacing affected braking and 
steering control units (BSCUs) and revising the operator's existing 
FAA-approved minimum equipment list (MEL). This AD was prompted by a 
determination that a type 1 relay combined with an affected BSCU would 
induce BSCU freezing. This AD removes certain airplanes from the 
applicability, retains the requirements of AD 2022-07-15, requires an 
inspection for the relay type installed and replacement of type 1 
relays with type 2 relays, limits the installation of affected BSCUs on 
certain airplanes and prohibits the installation of affected BSCUs for 
certain other airplanes 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 February 7, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 7, 
2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of May 2, 
2022 (87 FR 22438, April 15, 2022).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1882; 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#b4f5f0c7f4d1d5c7d59ad1c1c6dbc4d59ad1c1"><span class="__cf_email__" data-cfemail="e7a6a394a782869486c9829295889786c98292">[email protected]</span></a>; website easa.europa.eu. You 
may find this material on the EASA website at ad.easa.europa.eu.
    <bullet> For Airbus service information incorporated by reference 
in this AD, contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point 
Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 
93 36 96; fax +33 5 61 93 44 51; email <a href="/cdn-cgi/l/email-protection#bcdddfdfd3c9d2c892ddd5cecbd3cec8d491d9ddcffc80dd9cd4ced9da81" http: airbus.com">airbus.com</a>">account.airworth-eas@airbus.com</a>; 
website airbus.com.
    <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-2023-1882.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3667; email <a href="/cdn-cgi/l/email-protection#ecb8858183988495c2bcc2a8839b8085828bac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="d084b9bdbfa4b8a9fe80fe94bfa7bcb9beb790b6b1b1feb7bfa6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2022-07-15,

[[Page 259]]

Amendment 39-22003 (87 FR 22438, April 15, 2022) (AD 2022-07-15). AD 
2022-07-15 applied to all Airbus SAS Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, -
133, -151N, -153N, and -171N airplanes; Model A320-211, -212, -214, -
216, -231, -232, -233, -251N, -252N, -253N, -271N, -272N, -273N 
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, -
232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, 
and -272NX airplanes. AD 2022-07-15 required replacing affected BSCUs 
and revising the operator's existing FAA-approved MEL. The FAA issued 
AD 2022-07-15 to address loss of braking performance with significant 
increase in airplane stopping distance, possibly resulting in a runway 
excursion.
    The NPRM published in the Federal Register on September 27, 2023 
(88 FR 66307). The NPRM was prompted by AD 2023-0093R1, dated May 15, 
2023, issued by EASA, which is the Technical Agent for the Member 
States of the European Union (EASA AD 2023-0093R1) (also referred to as 
the MCAI). The MCAI notes that the previous detection of several BSCU 
channel failures could induce, in the event of dual channel failures, 
loss of anti-skid function together with the reversion to the alternate 
braking mode, and loss of nose wheel steering, and lead to loss of 
braking performance with significant increase in airplane stopping 
distance, possibly resulting in a runway excursion. The MCAI states 
that further investigation identified a type 1 relay installed in a 
position where a type 2 relay should have been installed. The 
combination of a type 1 relay with an affected BSCU could induce BSCU 
freezing. EASA therefore determined that it is necessary to replace 
type 1 relays with type 2 relays.
    The MCAI also states that type 1 relays are no longer installed on 
Model A320 Current Engine Option (CEO) airplanes (i.e., Model A318 
series airplanes; A319-111, -112, -113, -114, -115, -131, -132, and -
133 airplanes; A320-211, -212, -214, -216, -231, -232, and -233 
airplanes; and A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes). Type 1 relays were required to be replaced on Model A320 
CEO airplanes by AD 96-04-06, Amendment 39-9518 (61 FR 6927, February 
23, 1996). AD 96-04-06 corresponded to DGAC France AD F-1993-163-043, 
dated September 29, 1993. Model A320 CEO airplanes are therefore not 
included in the applicability of this AD.
    Further, the MCAI states that some relays installed at functional 
item number (FIN) locations 24GG and 25GG were not in conformity with 
the Airplane Inspection Report on certain airplanes.
    In addition, it was determined that certain airplanes have been 
delivered with a BSCU P/N E21327107.
    In the NPRM, the FAA proposed to remove certain airplanes from the 
applicability, retain the requirements of AD 2022-07-15, require an 
inspection for the relay type installed and replacement of type 1 
relays with type 2 relays, limit the installation of affected BSCUs on 
certain airplanes and prohibit the installation of affected BSCUs for 
certain other airplanes, as specified in EASA AD 2023-0093R1 described 
previously. The FAA is issuing this AD to address the unsafe condition 
on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1882.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from United Airlines, which supported 
the NPRM without change.

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, considered the 
comment received, 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 2023-0093R1 specifies procedures for replacing affected 
BSCUs if a fault signature is triggered, and implementing the 
instructions of master minimum equipment list (MMEL) updates on the 
basis of which the operator's existing MEL must be amended-that is, 
procedures for revising the operator's existing FAA-approved MEL with 
the provisions in the MMEL updates specified in the EASA AD. EASA AD 
2023-0093R1 also specifies procedures for a general visual inspection 
of the FINs 24GG and 25GG to identify the relay type installed, and 
replacement of each type 1 relay with a type 2 relay. EASA AD 2023-
0093R1 also limits the installation of affected parts.
    Airbus Alert Operators Transmission A32N025-22, Rev 01, dated May 
10, 2023, including Appendixes 1 through 3, dated May 2023, defines 
BSCU fault signatures that may be triggered on the airplane, and 
specifies procedures for replacing affected parts, among other actions.
    This AD also requires Airbus Alert Operators Transmission A32N025-
22, Rev 00, dated February 24, 2022, including Appendixes 1 through 4, 
dated February 21, 2022, which the Director of the Federal Register 
approved for incorporation by reference as of May 2, 2022 (87 FR 22438, 
April 15, 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.

Costs of Compliance

    The FAA estimates that this AD affects 349 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                            Parts                               Cost on U.S.
              Action                      Labor cost         cost      Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-07-   Up to 5 work-hours x        $0  Up to $425...........  Up to $148,325.
 15.                                 $85 per hour = $425.
Relay inspection and replacement    Up to 9 work-hours x         0  Up to $765...........  Up to $266,985.
 (new actions).                      $85 per hour = $765.
----------------------------------------------------------------------------------------------------------------


[[Page 260]]

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the cost estimate.

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:
0
a. Removing Airworthiness Directive (AD) 2022-07-15, Amendment 39-22003 
(87 FR 22438, April 15, 2022); and
0
b. Adding the following new AD:

2023-25-05 Airbus SAS: Amendment 39-22632; Docket No. FAA-2023-1882; 
Project Identifier MCAI-2023-00651-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 7, 2024.

(b) Affected ADs

    This AD replaces AD 2022-07-15, Amendment 39-22003 (87 FR 22438, 
April 15, 2022) (AD 2022-07-15).

(c) Applicability

    This AD applies to the Airbus SAS airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (3) of this AD.
    (1) All Model A319-151N, A319-153N, and A319-171N airplanes.
    (2) All Model A320-251N, A320-252N, A320-253N, A320-271N, A320-
272N, and A320-273N airplanes.
    (3) All Model A321-251N, A321-251NX, A321-252N, A321-252NX, 
A321-253N, A321-253NX, A321-271N, A321-271NX, A321-272N, and A321-
272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
Gear; and America Code 92, Electrical System Installation.

(e) Unsafe Condition

    This AD was prompted by the detection of several channel 
failures on the braking and steering control unit (BSCU), inducing, 
in case of dual channel failures, loss of anti-skid function 
together with the reversion to the alternate braking mode, and loss 
of nose wheel steering. This AD was further prompted by the 
determination that a type 1 relay combined with an affected BSCU 
could induce BSCU freezing. The FAA is issuing this AD to address 
these conditions, which could lead to loss of braking performance 
with significant increase in airplane stopping distance, possibly 
resulting in a runway excursion.

(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, European Union Aviation Safety Agency (EASA) AD 
2023-0093R1, dated May 15, 2023 (EASA AD 2023-0093R1).

(h) Exceptions to EASA AD 2023-0093R1

    (1) Where EASA AD 2023-0093R1 refers to ``10 March 2022 [the 
effective date of EASA AD 2022-0032 at original issue],'' this AD 
requires using May 2, 2022 (the effective date of AD 2022-07-15).
    (2) Where EASA AD 2023-0093R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where EASA AD 2023-0093R1 defines ``the AOT 1'' as ``Airbus 
Alert Operators Transmission (AOT 1) A32N025-22,'' this AD requires 
using Airbus Alert Operators Transmission A32N025-22, Rev 00, dated 
February 24, 2022, including Appendixes 1 through 4, dated February 
21, 2022, or Airbus Alert Operators Transmission A32N025-22, Rev 01, 
dated May 10, 2023, including Appendixes 1 through 3, dated May 
2023.
    (4) Where paragraphs (2) and (3) of EASA AD 2023-0093R1 specify 
``in accordance with the instructions of the AOT 1,'' replace those 
words with ``in accordance with the `Remove and replace BSCU P/N 
E21327307' step in paragraph 5.6., `Instructions,' of Airbus Alert 
Operators Transmission A32N025-22, Rev 00, dated February 24, 2022, 
including Appendixes 1 through 4, dated February 21, 2022, or of 
Airbus Alert Operators Transmission A32N025-22, Rev 01, dated May 
10, 2023, including Appendixes 1 through 3, dated May 2023.'' No 
other actions in Airbus Alert Operators Transmission A32N030-23, Rev 
00, dated February 27, 2023, including Appendixes 1 and 2, dated 
February 21, 2023 (referenced in EASA AD 2023-0093R1 and not 
incorporated by reference in this AD), or Airbus Alert Operators 
Transmission A32N025-22, Rev 01, dated May 10, 2023, including 
Appendixes 1 through 3, dated May 2023, are required for compliance 
for the replacement.
    (5) Where paragraph (4) of EASA AD 2023-0093R1 requires 
operators to ``implement the instructions of the MMEL [master 
minimum equipment list] update,'' this AD requires replacing those 
words with ``implement the operator's existing FAA-approved minimum 
equipment list (MEL) with the provisions specified in `The MMEL 
update' as identified in EASA AD 2023-0093R1.''
    (6) Where paragraph (4) of EASA AD 2023-0093R1 specifies to 
``inform all flight crews, and, thereafter, operate the airplane 
accordingly,'' this AD does not require those actions as those 
actions are already required by existing FAA operating regulations.
    (7) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0093R1.

(i) No Reporting Requirement

    Although certain service information specified in EASA AD 2023-
0093R1 specifies to report certain information and send affected 
parts to the manufacturer, this AD does not require those actions.

(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

[[Page 261]]

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 <a href="/cdn-cgi/l/email-protection#e2dbcfa3b4b1cfa3abb0cfd5d1d2cfa3afada1a2848383cc858d94"><span class="__cf_email__" data-cfemail="b0899df1e6e39df1f9e29d8783809df1fdfff3f0d6d1d19ed7dfc6">[email protected]</span></a>.
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office. (ii) AMOCs approved 
previously for AD 2022-07-15 are approved as AMOCs for the 
corresponding provisions of EASA AD 2023-0093R1 that are required by 
paragraph (g) of this AD.
    (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 
paragraphs that are labeled as RC, the instructions in RC 
paragraphs, including subparagraphs under an RC paragraph, must be 
done to comply with this AD; any paragraphs, including subparagraphs 
under those paragraphs, that are not identified as RC are 
recommended. The instructions in paragraphs, including subparagraphs 
under those paragraphs, 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 instructions identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to instructions 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 
<a href="/cdn-cgi/l/email-protection#9ecaf7f3f1eaf6e7b0ceb0daf1e9f2f7f0f9def8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="c591aca8aab1adbceb95eb81aab2a9acaba285a3a4a4eba2aab3">[email protected]</span></a>.

(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 
February 7, 2024.
    (i) Airbus Alert Operators Transmission A32N025-22, Rev 01, 
dated May 10, 2023, including Appendixes 1 through 3, dated May 
2023.
    (ii) European Union Aviation Safety Agency (EASA) AD 2023-
0093R1, dated May 15, 2023.
    (4) The following service information was approved for IBR on 
May 2, 2022 (87 FR 22438, April 15, 2022).
    (i) Airbus Alert Operators Transmission A32N025-22, Rev 00, 
dated February 24, 2022, including Appendixes 1 through 4, dated 
February 21, 2022.
    (ii) [Reserved]
    (5) For EASA AD 2023-0093R1, contact EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#ebaaaf98ab8e8a988ac58e9e99849b8ac58e9e"><span class="__cf_email__" data-cfemail="bafbfec9fadfdbc9db94dfcfc8d5cadb94dfcf">[email protected]</span></a>; website easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (6) For Airbus service information identified in this AD, 
contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile 
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 
36 96; fax +33 5 61 93 44 51; email <a href="/cdn-cgi/l/email-protection#3a5b5959554f544e145b53484d55484e52175f5b497a065b1a52485f5c07" http: airbus.com">airbus.com</a>">account.airworth-eas@airbus.com</a>; 
website airbus.com.
    (7) 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.
    (8) 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 <a href="/cdn-cgi/l/email-protection#fa9c88d49394898a9f998e939594ba949b889bd49d958c"><span class="__cf_email__" data-cfemail="0d6b7f2364637e7d686e796462634d636c7f6c236a627b">[email protected]</span></a>.

    Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-28851 Filed 1-2-24; 8:45 am]
BILLING CODE 4910-13-P


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