[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 242-244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28854]



[[Page 242]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1994; Project Identifier MCAI-2023-00658-T; 
Amendment 39-22636; AD 2023-25-09]
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 all 
Airbus SAS Model A318, A319, A321, A330-200, A330-200 Freighter, A330-
300, A330-800, A330-900, A340-200, and A340-300 series airplanes; Model 
A320-211, -212, -214, -216, -231, -232, -233, -251N, -252N, -253N, -
271N, -272N, and -273N airplanes; and Model A340-541 and A340-642 
airplanes. This AD was prompted by a report that a production 
deficiency of some SafeLav gaseous oxygen container (SLGOC) batches was 
identified during production testing of newly manufactured oxygen 
containers. This AD requires replacing affected SLGOCs and prohibiting 
the installation of affected SLGOCs, 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 a certain publication listed in this AD as of February 7, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1994; 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 material incorporated by reference in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#67262314270206140649021215081706490212"><span class="__cf_email__" data-cfemail="4001043300252133216e2535322f30216e2535">[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-2023-1994.

FOR FURTHER INFORMATION CONTACT: Tim Dowling, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 206-
231-3667; email: <a href="/cdn-cgi/l/email-protection#9eeaf7f3f1eaf6e7b0eeb0faf1e9f2f7f0f9def8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="2d59444042594554035d0349425a4144434a6d4b4c4c034a425b">[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 all Airbus SAS Model:
    <bullet> A318-111, -112, -121, and -122 airplanes;
    <bullet> A319-111, -112, -113, -114, -115, -131, -132, -133, -151N, 
-153N, and -171N airplanes;
    <bullet> A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes;
    <bullet> A321-111, -112, -131, -211, -212, -213, -231, -232, -251N, 
-251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX 
airplanes;
    <bullet> A330-201, -202, -203, -223, -223F, -243, -243F, -301, -
302, -303, -321, -322, -323, -341, -342, -343, -841, and -941 
airplanes; and
    <bullet> A340-211, -212, -213, -311, -312, -313, -541, and -642 
airplanes.
    The NPRM published in the Federal Register on October 13, 2023 (88 
FR 70913). The NPRM was prompted by AD 2023-0094, dated May 8, 2023, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2023-0094) (also referred to as the MCAI). 
The MCAI states that a production deficiency of some SLGOC batches was 
identified during production testing of newly manufactured oxygen 
containers. Subsequent investigation identified missing heat treatment 
of the actuation pin of the SLGOC, which could cause its jamming, with 
consequent failure of oxygen flow activation. This condition, if not 
corrected, could prevent supplemental oxygen supply in case of 
decompression in the cabin/lavatory, possibly resulting in injury to 
lavatory occupants.
    In the NPRM, the FAA proposed to require replacing affected SLGOCs 
and prohibiting the installation of affected SLGOCs, as specified in 
EASA AD 2023-0094. 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-2023-1994.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association, 
International (ALPA) who 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 2023-0094 specifies procedures for replacing affected 
SLGOCs and prohibiting the installation of affected SLGOCs. 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 728 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 243]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................          $4,570           $4,740       $3,450,720
----------------------------------------------------------------------------------------------------------------

    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:

2023-25-09 Airbus SAS: Amendment 39-22636; Docket No. FAA-2023-1994; 
Project Identifier MCAI-2023-00658-T.

(a) Effective Date

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

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (6) of this AD, certificated in any 
category.
    (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, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, 
and -272NX airplanes.
    (5) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301, 
-302, -303, -321, -322, -323, -341, -342, -343, -841, and -941 
airplanes.
    (6) Model A340-211, -212, -213, -311, -312, -313, -541, and -642 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by a report that a production deficiency of 
some SafeLav gaseous oxygen container (SLGOC) batches was identified 
during production testing of newly manufactured oxygen containers. 
The FAA is issuing this AD to address missing heat treatment of the 
actuation pin of the SLGOC, which could cause its jamming, with 
consequent failure of oxygen flow activation. The unsafe condition, 
if not addressed, could result in lack of supplemental oxygen supply 
in case of decompression in the cabin/lavatory, possibly resulting 
in injury to lavatory occupants.

(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 
2023-0094, dated May 8, 2023 (EASA AD 2023-0094).

(h) Exceptions to EASA AD 2023-0094

    (1) Where EASA AD 2023-0094 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 
2023-0094.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-0094 
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 manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (k) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#526b7f1304017f131b007f6561627f131f1d11123433337c353d24"><span class="__cf_email__" data-cfemail="b68f9bf7e0e59bf7ffe49b8185869bf7fbf9f5f6d0d7d798d1d9c0">[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 
paragraphs (j)(2) and (i) of this AD, if any service information 
referenced in EASA AD 2023-0094 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

[[Page 244]]

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 identified as RC require approval of an AMOC.

(k) Additional Information

    For more information about this AD, contact Tim Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 206-231-3667; email: 
<a href="/cdn-cgi/l/email-protection#3145585c5e4559481f411f555e465d585f56715750501f565e47"><span class="__cf_email__" data-cfemail="80f4e9edeff4e8f9aef0aee4eff7ece9eee7c0e6e1e1aee7eff6">[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.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0094, 
dated May 8, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0094, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#ebaaaf98ab8e8a988ac58e9e99849b8ac58e9e"><span class="__cf_email__" data-cfemail="aaebeed9eacfcbd9cb84cfdfd8c5dacb84cfdf">[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 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/ibrlocations.html, or email <a href="/cdn-cgi/l/email-protection#791f0b5710170a091c1a0d1016173917180b18571e160f"><span class="__cf_email__" data-cfemail="f79185d99e9984879294839e9899b799968596d9909881">[email protected]</span></a>.

    Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-28854 Filed 1-2-24; 8:45 am]
BILLING CODE 4910-13-P


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