[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Rules and Regulations]
[Pages 77013-77015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21408]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 89, No. 183 / Friday, September 20, 2024 / 
Rules and Regulations

[[Page 77013]]



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


Airworthiness Directives; CFM International, S.A. Engines

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:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#5a373f323e3374363b373423331a3c3b3b743d352c"><span class="__cf_email__" data-cfemail="dbb6beb3bfb2f5b7bab6b5a2b29bbdbabaf5bcb4ad">[email protected]</span></a>.

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

[[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
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Replace the full set of fuel nozzles  40 work-hours x $85 per        $126,000         $129,400               $0
                                       hour = $3,400.
----------------------------------------------------------------------------------------------------------------

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

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:

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: <a href="/cdn-cgi/l/email-protection#6e2f23212d2e080f0f40090118"><span class="__cf_email__" data-cfemail="3574787a76755354541b525a43">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager

[[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: <a href="/cdn-cgi/l/email-protection#432e262b272a6d2f222e2d3a2a032522226d242c35"><span class="__cf_email__" data-cfemail="f39e969b979add9f929e9d8a9ab3959292dd949c85">[email protected]</span></a>.
    (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: <a href="/cdn-cgi/l/email-protection#2c4d5a454d58454342024a404949585f595c5c435e586c4b49024f4341"><span class="__cf_email__" data-cfemail="016077686075686e6f2f676d646475727471716e73754166642f626e6c">[email protected]</span></a>.

(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


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