[Federal Register Volume 89, Number 1 (Tuesday, January 2, 2024)]
[Rules and Regulations]
[Pages 23-25]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28799]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1822; Project Identifier MCAI-2023-00653-T; 
Amendment 39-22624; AD 2023-24-07]
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 all 
Airbus SAS Model A310 airplanes. This AD was prompted by a 
determination that new or more restrictive airworthiness limitations 
are necessary. This AD requires revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, 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 6, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 6, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1822; 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#d69792a596b3b7a5b7f8b3a3a4b9a6b7f8b3a3"><span class="__cf_email__" data-cfemail="a9e8eddae9ccc8dac887ccdcdbc6d9c887ccdc">[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-2023-1822.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer, 
FAA, 2200 South 216th Street, Des Moines, WA 98198; telephone 206-231-
3225; email <a href="/cdn-cgi/l/email-protection#c9ada8a7e7bba6ada0a7a889afa8a8e7aea6bf"><span class="__cf_email__" data-cfemail="c3a7a2adedb1aca7aaada283a5a2a2eda4acb5">[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 
A310 series airplanes. The NPRM published in the Federal Register on 
September 8, 2023 (88 FR 61990). The NPRM was prompted by AD 2023-0092, 
dated May 5, 2023, issued by EASA, which is the Technical Agent for the 
Member States of the European Union (EASA AD 2023-0092) (also referred 
to as the MCAI). The MCAI states that new or more restrictive 
airworthiness limitations have been developed.
    In the NPRM, the FAA proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, as specified in EASA AD 
2023-0092. The FAA is issuing this AD to address fatigue cracking, 
damage, or corrosion in principal structural elements.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1822.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from FedEx who supported the NPRM without 
change.

Conclusion

    This product has been approved by the aviation authority of another

[[Page 24]]

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 2023-0092 describes new or more restrictive airworthiness 
tasks for airplane structures. 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 ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 1 airplane of U.S. registry. 
The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the FAA recognizes that this number may vary from operator to 
operator. In the past, the FAA has estimated that this action takes 1 
work-hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

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:

2023-24-07 Airbus SAS: Amendment 39-22624; Docket No. FAA-2023-1822; 
Project Identifier MCAI-2023-00653-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 6, 2024.

(b) Affected ADs

    This AD affects AD 2019-20-06, Amendment 39-19759 (84 FR 55859, 
October 18, 2019) (AD 2019-20-06).

(c) Applicability

    This AD applies to all Airbus SAS Model A310-203, -204, -221, -
222, -304, -322, -324, and -325 airplanes, certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code: 05, Time 
Limits/Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, damage, or corrosion in 
principal structural elements. The unsafe condition, if not 
addressed, could result in reduced structural integrity of the 
airplane.

(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 
2023-0092, dated May 5, 2023 (EASA AD 2023-0092).

(h) Exceptions to EASA AD 2023-0092

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2023-0092.
    (2) Paragraph (3) of EASA AD 2023-0092 specifies revising ``the 
AMP'' within 12 months after its effective date, but this AD 
requires revising the existing maintenance or inspection program, as 
applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA 2023-0092 is at the applicable ``associated 
thresholds'' as incorporated by the requirements of paragraph (3) of 
EASA AD 2023-0092, or within 90 days after the effective date of 
this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in the 
``Recording AD compliance'' section of EASA AD 2023-0092.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0092.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2023-0092.

(j) Terminating Action for Certain Tasks Required by AD 2019-20-06

    Accomplishing the actions required by this AD terminates the 
corresponding requirements of AD 2019-20-06 for the tasks identified 
in the service information referenced in EASA AD 2023-0092 only.

(k) 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 25]]

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 (l) of this AD or email to: <a href="/cdn-cgi/l/email-protection#ebd2c6aabdb8c6aaa2b9c6dcd8dbc6aaa6a4a8ab8d8a8ac58c849d"><span class="__cf_email__" data-cfemail="6d54402c3b3e402c243f405a5e5d402c20222e2d0b0c0c430a021b">[email protected]</span></a>. If mailing information, also submit information by 
email. Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district 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.

(l) Additional Information

    For more information about this AD, contact Dan Rodina, Aviation 
Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; 
telephone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#d9bdb8b7f7abb6bdb0b7b899bfb8b8f7beb6af"><span class="__cf_email__" data-cfemail="adc9ccc383dfc2c9c4c3ccedcbcccc83cac2db">[email protected]</span></a>.

(m) 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 2023-0092, 
dated May 5, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0092, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#d49590a794b1b5a7b5fab1a1a6bba4b5fab1a1"><span class="__cf_email__" data-cfemail="fcbdb88fbc999d8f9dd299898e938c9dd29989">[email protected]</span></a>; website easa.europa.eu. You may find this EASA 
AD on the EASA website ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, 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/ibr-locations or email <a href="/cdn-cgi/l/email-protection#3b5d49155255484b5e584f5254557b555a495a155c544d"><span class="__cf_email__" data-cfemail="fb9d89d59295888b9e988f929495bb959a899ad59c948d">[email protected]</span></a>.

Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-28799 Filed 12-29-23; 8:45 am]
BILLING CODE 4910-13-P


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