```

[Federal Register Volume 90, Number 22 (Tuesday, February 4, 2025)]
[Rules and Regulations]
[Pages 8901-8903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02134]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1294; Project Identifier MCAI-2024-00042-T; 
Amendment 39-22921; AD 2024-26-06]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-16-
06, which applied to certain Airbus SAS Model A330-200, A330-200 
Freighter, A330-300, and A330-900 series airplanes; and all Model A340-
200 and A340-300 series airplanes. AD 2022-16-06 required modifying the 
trimmable horizontal stabilizer actuator (THSA) installation, 
implementing the electrical load sensing device (ELSD) wiring 
provisions, and installing and activating the ELSD. This AD was 
prompted by tests that demonstrated that when the upper secondary load 
path (SLP) of the THSA is engaged, the THSA might not stall, with 
consequently no indication of SLP engagement, and by the recent 
determination that the required actions of AD 2022-16-06 cannot be 
accomplished on certain airplanes. This AD continues to require the 
actions in AD 2022-16-06 with revised procedures, and also requires 
additional actions for certain airplanes, 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 March 11, 2025.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 11, 
2025.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-1294; 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:
     For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 
000; email [email protected]; website easa.europa.eu. You may find 
this material on the EASA website at ad.easa.europa.eu.
     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 at regulations.gov under 
Docket No. FAA-2024-1294.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 206-231-3229; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2022-16-06, Amendment 39-22135 (87 FR 
51588, August 23, 2022) (AD 2022-16-06). AD 2022-16-06 applied to 
certain Airbus SAS Model A330-201, -202, -203, -223, -223F, -243, -
243F, -301, -302, -303, -321, -322, -323, -341, -342, -343, and -941 
airplanes; and all Model A340-211, -212, -213, -311, -312, and -313 
airplanes. AD 2022-16-06 required modifying the THSA installation, 
implementing the ELSD wiring provisions, and installing and activating 
the ELSD. The FAA issued AD 2022-16-06 to address damage on the upper 
THSA SLP attachment with consequent mechanical disconnection of the 
THSA, possibly resulting in loss of control of the airplane.
    The NPRM published in the Federal Register on May 13, 2024 (89 FR 
41365). The NPRM was prompted by AD 2024-0016, dated January 11, 2024, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2024-0016) (also referred to as the MCAI). 
The MCAI states it has been determined that the actions specified in 
EASA AD 2022-0039 cannot be accomplished on certain affected airplanes. 
Airbus subsequently developed additional instructions and corrections 
for the procedures. In certain circumstances, there may be no 
indication to the flightcrew of the engagement of the upper SLP of the 
THSA. This condition, if not addressed, could lead to damage on the 
upper THSA SLP attachment with consequent mechanical disconnection of 
the THSA, resulting in loss of control of the airplane.
    In the NPRM, the FAA proposed to continue to require modifying the 
THSA installation, implementing the ELSD wiring provisions, and 
installing and activating the ELSD, as specified in FAA AD 2022-16-06 
and EASA AD 2022-0039, with revised procedures and additional actions, 
as specified in EASA AD 2024-0016. 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-2024-1294.

[[Page 8902]]

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.
    The FAA received an additional comment from Delta Air Lines 
(Delta). The following presents that comment and the FAA's response.

Request for Clarification of Mandatory Service Information

    The proposed AD would adopt EASA AD 2024-0016, which requires 
certain actions in accordance with a specific revision of Airbus 
Service Bulletin A330-27-3237, depending on the airplane serial number, 
and allows use of later-approved revisions. Delta requested that the 
FAA clarify the effect of any potential changes, including rework, that 
are proposed to be included in the forthcoming Revision 03 of Service 
Bulletin A330-27-3237. According to Delta, Airbus has indicated that 
Revision 03 will require additional work for any airplane modified by 
Airbus Service Bulletin A330-27-3237, Revision 01, dated June 20, 2023, 
or Revision 02, dated February 9, 2024. Delta added that Airbus planned 
to issue Revision 03 by the end of June 2024.
    The FAA provides the following clarification. Revision 03 of Airbus 
Service Bulletin A330-27-3237 has not been released by Airbus. EASA has 
informed the FAA of ongoing discussions with Airbus regarding the scope 
of additional work, the timeline for release of Revision 03 of that 
service bulletin, and a potential revision to EASA AD 2024-0016. If 
EASA issues a new AD because it is determined that additional work is 
needed to address the unsafe condition, then the FAA may consider 
further rulemaking at that time. This AD requires accomplishing the 
actions specified in EASA AD 2024-0016. The specific revisions of the 
service bulletins referenced in EASA AD 2024-0016, as well as later-
approved revisions of those service bulletins, are acceptable methods 
of compliance for accomplishing the requirements of this AD. If an 
operator elects to use a later-approved revision of a service bulletin, 
then all the actions identified as ``RC'' (required for compliance) in 
that service bulletin must be accomplished, unless alternative actions 
are approved under the provisions of paragraph (i) of this AD. The FAA 
has not changed this AD as a result of this comment.

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 
comments 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.

Material Incorporated by Reference Under 1 CFR Part 51

    EASA AD 2024-0016 specifies procedures for installing and 
activating the ELSD and wiring provisions, and doing additional work 
that includes additional instructions and corrections for certain 
airplanes. 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 120 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD          57 work-hours x     Up to $23,000.....  Up to $27,845.....  Up to $3,341,400.
 2022[dash]16[dash]06.             $85 per hour =
                                   $4,845.
New actions.....................  5 work-hours x $85  $43,966...........  $44,391...........  Up to $5,326,920.
                                   per hour = $425.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the cost estimate.

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,

[[Page 8903]]

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:
0
a. Removing Airworthiness Directive (AD) 2022-16-06, Amendment 39-22135 
(87 FR 51588, August 23, 2022); and
0
b. Adding the following new AD:

2024-26-06 Airbus SAS: Amendment 39-22921; Docket No. FAA-2024-1294; 
Project Identifier MCAI-2024-00042-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 11, 2025.

(b) Affected ADs

    This AD replaces AD 2022-16-06, Amendment 39-22135 (87 FR 51588, 
August 23, 2022) (AD 2022-16-06).

(c) Applicability

    This AD applies to Airbus SAS airplanes specified in paragraphs 
(c)(1) and (2) of this AD, certificated in any category, as 
identified in European Union Aviation Safety Agency (EASA) AD 2024-
0016, dated January 11, 2024 (EASA AD 2024-0016).
    (1) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301, 
-302, -303, -321, -322, -323, -341, -342, -343, and -941 airplanes.
    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by tests that demonstrated that when the 
upper secondary load path (SLP) of the trimmable horizontal 
stabilizer actuator (THSA) is engaged, the THSA might not stall, 
with consequently no indication of SLP engagement, and by the recent 
determination that the required actions of AD 2022-16-06 cannot be 
accomplished on certain airplanes. The FAA is issuing this AD to 
prevent damage on the upper THSA SLP attachment with consequent 
mechanical disconnection of the THSA, that could result in loss of 
control 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, EASA AD 2024-0016.

(h) Exceptions to EASA AD 2024-0016

    (1) Where EASA AD 2024-0016 refers to ``22 March 2022 [the 
effective date of EASA AD 2022-0039],'' this AD requires using 
September 27, 2022 (the effective date of AD 2022-16-06).
    (2) Where EASA AD 2024-0016 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2024-0016 applies to 
airplanes in ``Group 1,'' this AD requires replacing that text with 
``Group 1 airplanes, except as specified in paragraph (3)''.
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0016.

(i) 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, send it to the attention of the 
person identified in paragraph (j) of this AD and email to: 
[email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2022-16-06 are approved as 
AMOCs for the corresponding provisions of EASA AD 2024-0016 that are 
required by paragraph (g) of this AD.
    (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 
paragraph (i)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are 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 procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Vladimir Ulyanov, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 206-231-3229; email: 
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material listed in this paragraph 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2024-0016, 
dated January 11, 2024.
    (ii) [Reserved]
    (3) For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; website easa.europa.eu. You may 
find this material 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/ibr-locations or email [email protected].

    Issued on January 28, 2025.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2025-02134 Filed 2-3-25; 8:45 am]
BILLING CODE 4910-13-P
```