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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2024-2146; Project Identifier AD-2024-00464-E; Amendment 39-22849; AD 2024-19-07]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Final rule; request for comments.
 SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain CFM International, S.A. (CFM) Model LEAP-1A32 engines. This AD was prompted by a report of multiple events of loss of thrust control during go-around. This AD requires replacement of the full set of fuel nozzles. The FAA is issuing this AD to address the unsafe condition on these products.
 DATES: This AD is effective October 7, 2024. The FAA must receive comments on this AD by November 4, 2024.
 ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: *Federal eRulemaking Portal:*
                         Go to 
                        *regulations.gov*. Follow the instructions for submitting comments.
                    *Fax:*
                         (202) 493-2251.
                    *Mail:*
                         U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    *Hand Delivery:*
                         Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *AD Docket:*
                         You may examine the AD docket at 
                        *regulations.gov*
                         under Docket No. FAA-2024-2146; 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, any comments received, and other information. The street address for Docket Operations is listed above.
 FOR FURTHER INFORMATION CONTACT: Mehdi Lamnyi, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-7743; email: 
                        *mehdi.lamnyi@faa.gov.*


SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under the 
                    **ADDRESSES**
                     section. Include “Docket No. FAA-2024-2146; Project Identifier AD-2024-00464-E” at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to 
                    *regulations.gov*, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this AD contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this AD, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this AD. Submissions containing CBI should be sent to Mehdi Lamnyi, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background On January 11, 2024, an Airbus Model A321neo airplane powered by CFM Model LEAP-1A engines experienced a loss of thrust control on engine 1 during a go-around. On February 4, 2024, the same Airbus Model A321neo airplane experienced N1 fluctuation/reduction on engine 2 during a go-around. A manufacturer investigation determined that significantly higher than expected fuel nozzle coking was creating back pressure in the fuel system that then triggered the fuel pump relief valve to open, reducing fuel flow to the engine and resulting in a reduction in thrust. This condition, if not addressed, could result in loss of engine thrust control and reduced control of the airplane. The FAA is issuing this AD to address the unsafe condition on these products. FAA's Determination The FAA is issuing this AD because the agency determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. AD Requirements This AD requires replacement of the full set of fuel nozzles. Interim Action The FAA considers this AD to be an interim action. The unsafe condition is still under investigation by the manufacturer and, depending on the results of that investigation, the FAA may consider further rulemaking action. Justification for Immediate Adoption and Determination of the Effective Date Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 551 
                    *et seq.*) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for “good cause,” finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment 
                    ( print page 77014)
                    prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. The FAA justifies waiving notice and comment prior to adoption of this rule because no domestic operators use this product. It is unlikely that the FAA will receive any adverse comments or useful information about this AD from any U.S. operator. Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C. 553(b). In addition, for the foregoing reason(s), the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days. Regulatory Flexibility Act The requirements of the Regulatory Flexibility Act (RFA) do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because FAA has determined that it has good cause to adopt this rule without prior notice and comment, RFA analysis is not required. Costs of Compliance The FAA estimates that this AD affects 0 engines installed on airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: Estimated Costs
Action
Labor cost
Parts cost
Cost per
                             product
Cost on U.S.
                             operatorsReplace the full set of fuel nozzles
40 work-hours × $85 per hour = $3,400
$126,000
$129,400
$0
 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, and (2) Will not affect intrastate aviation in Alaska. 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: **2024-19-07 CFM International, S.A.:**
                             Amendment 39-22849; Docket No. FAA-2024-2146; Project Identifier AD-2024-00464-E. (a) Effective Date This airworthiness directive (AD) is effective October 7, 2024. (b) Affected ADs None. (c) Applicability This AD applies to CFM International, S.A. (CFM) Model LEAP-1A32 engines installed on Airbus SAS Model A321-251NX airplanes having any of the following airplane serial numbers: 11200, 11420, 11473, 11609, 11698, 11791, 11815, 12136, 12314, and 12370. (d) Subject Joint Aircraft System Component (JASC) Code 7300, Engine Fuel and Control. (e) Unsafe Condition This AD was prompted by a report of multiple events of loss of thrust control during go-around. The FAA is issuing this AD to prevent the loss of engine thrust control. The unsafe condition, if not addressed, could result in reduced control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) At the applicable times specified in paragraphs (g)(1)(i) and (ii) of this AD, replace the full set of fuel nozzles, on each engine, with parts eligible for installation. (i) On either affected engine installed on the airplane: Before accumulating 600 flight cycles (FCs) since new or since last replacement of the full set of fuel nozzles, or within 10 FCs after the effective date of this AD, whichever occurs later. (ii) On the other affected engine installed on the same airplane: Before accumulating 800 FCs since new or since last replacement of the full set of fuel nozzles, or within 10 FCs after the effective date of this AD, whichever occurs later. (2) Thereafter, on each affected engine installed on the airplane, at intervals not to exceed 600 FCs since last replacement of the full set of fuel nozzles, replace the full set of fuel nozzles with parts eligible for installation. (h) Definition For the purpose of this AD, “parts eligible for installation” are new fuel nozzles or fuel nozzles made serviceable using CFM Component Maintenance Manual (CMM) 73-11-30 (CFM-TP.CM.056.), any revision. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, AIR-520 Continued Operational Safety 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 local Flight Standards District Office, as appropriate. If sending information directly to the manager of AIR-520 Continued Operational Safety Branch, send it to the attention of the person identified in paragraph (j)(1) of this AD and email to: 
                            *AMOC@faa.gov*. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager 
                            ( print page 77015)
                            of the local flight standards district office/certificate holding district office. (j) Additional Information (1) For more information about this AD, contact Mehdi Lamnyi, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-7743; email: 
                            *mehdi.lamnyi@faa.gov.* (2) Material identified in this AD that is not incorporated by reference is available at CFM International, S.A., GE Aviation Fleet Support, 1 Neumann Way, M/D Room 285, Cincinnati, OH 45215; phone: (877) 432-3272; email: 
                            *aviation.fleetsupport@ge.com.* (k) Material Incorporated by Reference None. Issued on September 13, 2024. Peter A. White, Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service.


[FR Doc. 2024-21408 Filed 9-19-24; 8:45 am] BILLING CODE 4910-13-P