[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Proposed Rules]
[Pages 78826-78827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21812]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1475; Project Identifier MCAI-2024-00062-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM) 
that proposed to adopt a new airworthiness directive (AD) that would 
have applied to all Airbus SAS Model A319-111, -112, -113, -114, -115, 
-131, -132, and -133 airplanes; Model A320-211, -212, -214, -216, -231, 
-232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, -232, and -271N airplanes. The NPRM was prompted by a 
determination that a damage-tolerance and fatigue reassessment of nose 
landing gear (NLG) repairs is necessary for certain parts fitted on 
airplanes approved for operation in the Commonwealth of Independent 
States (CIS). The NPRM would have required

[[Page 78827]]

repair and replacement of all affected parts, and would have limited 
installation of affected parts, as specified in a European Union 
Aviation Safety Agency (EASA) AD. Since issuance of the NPRM, the FAA 
has determined that the applicability as specified in the NPRM was 
incorrect; the FAA is issuing new rulemaking that corrects the 
applicability. Accordingly, the NPRM is withdrawn.

DATES: As of September 26, 2024, the proposed rule, which was published 
in the Federal Register on May 24, 2024 (89 FR 45800), is withdrawn.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-1475; 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 AD action, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street 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.

FOR FURTHER INFORMATION CONTACT: Timothy 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#7a2e1317150e1203542a543e150d1613141d3a1c1b1b541d150c"><span class="__cf_email__" data-cfemail="02566b6f6d766a7b2c522c466d756e6b6c65426463632c656d74">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued an NPRM that proposed to amend 14 CFR part 39 by 
adding an AD for all Airbus SAS Model A319-111, -112, -113, -114, -115, 
-131, -132, and -133 airplanes; Model A320-211, -212, -214, -216, -231, 
-232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, -232, and -271N airplanes. The NPRM was published in the 
Federal Register on May 24, 2024 (89 FR 45800). The NPRM was prompted 
by a determination that a damage-tolerance and fatigue reassessment of 
NLG repairs is necessary for certain parts fitted on airplanes approved 
for operation in the CIS. The NPRM proposed to require repair and 
replacement of all affected parts, and to limit the installation of 
affected parts, as specified in an EASA AD.
    The proposed actions were intended to address NLG repairs for 
certain parts fitted on airplanes approved for operation in the CIS, 
and to prevent damage or failure of the affected parts and the NLG, and 
possible damage to the airplane and injury to occupants.

Actions Since the NPRM Was Issued

    Since issuance of the NPRM, the FAA has learned of errors in the 
applicability. Paragraph (c)(3) of the NPRM included some airplanes 
that were not intended to be included, and it omitted airplanes that 
should have been included. In light of this error, the FAA is issuing 
further rulemaking (Docket No. FAA-2024-2314) to correct the 
applicability.
    Withdrawal of the NPRM constitutes only such action and does not 
preclude the FAA from further rulemaking on this issue, nor does it 
commit the FAA to any course of action in the future.

Comments

    The Air Line Pilots Association, International (ALPA) supported the 
NPRM. American Airlines advised the FAA of errors in the applicability 
specified in the NPRM.

Explanation of Applicability Errors

    The following errors were included in the NPRM:
    <bullet> Paragraph (c)(1) of the proposed AD incorrectly omitted 
Model A319-151N and -153N airplanes.
    <bullet> Paragraph (c)(2) of the proposed AD incorrectly omitted 
Model A320-251N, -252N, -253N, -271N, -272N, and -273N airplanes.
    <bullet> Paragraph (c)(3) of the proposed AD incorrectly included 
A321-111, -112, and -131 airplanes, and omitted Model A321-211, -212, -
213, -231, -232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -
271NX, -272N, and -272NX airplanes.

FAA's Conclusions

    Upon further consideration, the FAA has determined that the NPRM 
does not adequately address the identified unsafe condition. 
Accordingly, the NPRM is withdrawn.

Regulatory Findings

    Since this action only withdraws an NPRM, it is neither a proposed 
nor a final rule. This action therefore is not covered under Executive 
Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Withdrawal

    Accordingly, the notice of proposed rulemaking (Docket No. FAA-
2024-1475), which was published in the Federal Register on May 24, 2024 
(89 FR 45800), is withdrawn.

    Issued on September 19, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-21812 Filed 9-25-24; 8:45 am]
BILLING CODE 4910-13-P


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