2023-22874. Airworthiness Directives; Airbus SAS Airplanes

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

The FAA is superseding Airworthiness Directive (AD) 2022–18–09, which applied to certain Airbus SAS Model A319–111, –112, –113, –114, –115, –131, –132, and –133; A320–211, –212, –214, –216, –231, –232, –233, –251N, and –271N; and A321–111, –112, –131, –211, –212, –213, –231, –232, –251N, and –253N airplanes. AD 2022–18–09 continued to require the actions in AD 2019–26–01 and AD 2021–23–15, and added airplanes to the applicability. Since the FAA issued AD 2022–18–09, it was determined that additional airplanes and galleys are subject to the unsafe condition, and a compliance time for certain airplanes should be extended. This AD continues to require the actions in AD 2022–18–09 and requires expanding the applicability, obtaining and following additional instructions for certain modified airplanes, and extending the compliance time 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 November 21, 2023.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 21, 2023.

ADDRESSES:

AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–1492; 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 service information identified in this final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone [phone]; email [e-mail]; website easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu. It is also available at regulations.gov under Docket No. FAA–2023–1492.

• You may view this service information 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–2023–1492.

FOR FURTHER INFORMATION CONTACT:

Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone [phone]; email [e-mail].

SUPPLEMENTARY INFORMATION:

Background

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2022–18–09, Amendment 39–22160 (87 FR 56576, September 15, 2022) (AD 2022–18–09). AD 2022–18–09 applied to certain Airbus SAS Model A319–111, –112, –113, –114, –115, –131, –132, and –133; A320–211, –212, –214, –216, –231, –232, –233, –251N, and –271N; and A321–111, –112, –131, –211, –212, –213, –231, –232, –251N, and –253N airplanes. AD 2022–18–09 continued to require the actions that were required by AD 2019–26–11, Amendment 39–21022 (85 FR 6755, February 6, 2020) (AD 2019–26–11) (which corresponds to EASA AD 2018–0255) and AD 2021–23–15, Amendment 39–21813 (86 FR 68894, December 6, 2021) (AD 2021–23–15) (which corresponds to EASA AD 2019–0106), and added airplanes to the applicability. The FAA issued AD 2022–18–09 to address potential failure of the galley door and release of waste bins during a rejected take-off or an emergency landing, and potential container detachment from the galley under certain forward loading conditions, possibly resulting in damage to the airplane and injury to occupants.

The NPRM published in the Federal Register on July 14, 2023 (88 FR 45115). The NPRM was prompted by AD 2022–0026, dated February 16, 2022, issued by the European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union (EASA AD 2022–0026) (also referred to as the MCAI). The MCAI states that during a full-scale qualification test of Galley G5, the door of the waste compartment opened before the required load was reached. This event was determined to be the result of galley global deflection. This condition, if not corrected, could lead to failure of the galley door and release of waste bins during a rejected take-off or an emergency landing, possibly resulting in damage to the airplane and injury to occupants.

In the NPRM, the FAA proposed to continue to require the actions in AD 2022–18–09 and to require expanding the applicability, obtaining and following additional instructions for certain modified airplanes, and extending the compliance time for certain airplanes. The FAA is issuing this AD to address the potential failure of the galley door and release of waste bins during a rejected take-off or an emergency landing, and potential container detachment from the galley under certain forward loading conditions, possibly resulting in damage to the airplane and injury to occupants.

You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–1492.

Discussion of Final Airworthiness Directive

Comments

The FAA received a comment from Air Line Pilots Association, International, who supported the NPRM without change.

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 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 2023–0029 specifies procedures for modifying the affected galleys by replacing the affected bumpers with serviceable bumpers; for modifying the waste compartment door of each affected galley by installing a door catch bracket and a new striker, and for re-identifying the affected galleys. For airplanes equipped with galleys that were modified using non-Airbus-approved methods, EASA AD 2023–0029 specifies procedures for obtaining and accomplishing additional instructions. 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 1,507 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:

Estimated Costs for Required Actions

Action	Labor cost	Parts cost	Cost per product	Cost on U.S. operators
Retained actions from AD 2022–18–09	Up to 59 work-hours × $85 per hour = Up to $5,105	$0	Up to $5,105	Up to $5,476,380.

The FAA has received no definitive data on which to base the cost estimates for the obtaining and following additional instructions action specified in this AD.

The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators.

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

The FAA determined that 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

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13

[Amended]

2. The FAA amends § 39.13 by:

a. Removing Airworthiness Directive (AD) 2022–18–09, Amendment 39–22160 ( 87 FR 56576, September 15, 2022); and

b. Adding the following new AD:

2023–20–12 Airbus SAS: Amendment 39–22571; Docket No. FAA–2023–1492; Project Identifier MCAI–2023–00195–T.

(a) Effective Date

This airworthiness directive (AD) is effective November 21, 2023.

(b) Affected ADs

This AD replaces AD 2022–18–09, Amendment 39–22160 (87 FR 56576, September 15, 2022) (AD 2022–18–09).

(c) Applicability

This AD applies to the Airbus SAS airplanes specified in paragraphs (c)(1) through (4) of this AD, certificated in any category, as identified in European Union Aviation Safety Agency (EASA) AD 2023–0029, dated February 1, 2023 (EASA AD 2023–0029), except where the Applicability of EASA AD 2023–0029 refers to certain galleys, replace the text “if equipped with a galley,” with “if delivered with a galley.”

(1) Model A318–111, –112, –121, and –122 airplanes.

(2) Model A319–111, –112, –113, –114, –115, –131, –132, –133, –151N, –153N and –171N airplanes.

(3) Model A320–211, –212, –214, –216, –231, –232, –233, –251N, –252N, –253N, –271N, –272N, and –273N airplanes.

(4) Model A321–111, –112, –131, –211, –212, –213, –231, –232, –251N, –252N, –253N, –271N, and –272N airplanes.

(d) Subject

Air Transport Association (ATA) of America Code 25, Equipment/Furnishings.

(e) Unsafe Condition

This AD was prompted by a report that during re-engineering of galley G5, a 9G forward full scale qualification test was performed, and the door of the waste compartment opened before the required load was reached, and by reports of finding container/galley end stop bumpers damaged in service. This AD was also prompted by the determination that additional airplanes and galleys are subject to the unsafe condition, and a compliance time for certain airplanes should be extended. The FAA is issuing this AD to address potential failure of the galley door and release of waste bins during a rejected take-off or an emergency landing, and potential container detachment from the galley under certain forward loading conditions, possibly resulting in damage to the airplane and injury to occupants.

(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 2023–0029.

(h) Exceptions to EASA AD 2023–0029

(1) Where EASA AD 2023–0029 specifies a compliance time of “within 12 months after 11 December 2018 [the effective date of EASA AD 2018–0255], “this AD requires replacing those words with “within 12 months after January 10, 2022 (the effective date of AD 2021–23–15), or within 6 months after the effective date of this AD, whichever occurs later.”

(2) Where EASA AD 2023–0029 refers to May 29, 2019 (the effective date of EASA AD 2019–0106), this AD requires using March 12, 2020 (the effective date of AD 2019–26–11, Amendment 39–21022 (85 FR 6755, February 6, 2020)).

(3) Where EASA AD 2023–0029 specifies a compliance time of “within 12 months after 02 March 2022 [the effective date of EASA AD 2022–0026],” this AD requires using “within 12 months after October 20, 2022 (the effective date of AD 2022–18–09), or within 6 months after the effective date of this AD, whichever occurs later.”

(4) Where EASA AD 2023–0029 refers to its effective date, this AD requires using the effective date of this AD.

(5) This AD does not adopt the “Remarks” section of EASA AD 2023–0029.

(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 International Validation Branch, send it to the attention of the person identified in paragraph (j) of this AD. Information may be emailed to: [e-mail].

(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 2022–18–09 are approved as AMOCs for the corresponding provisions of EASA AD 2023–0029 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 Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone [phone]; email [e-mail].

(k) 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 2023–0029, dated February 1, 2023.

(ii) [Reserved]

(3) For EASA AD 2023–0029, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone [phone]; email [e-mail]; website easa.europa.eu. You may find this EASA AD on the EASA website at ad.easa.europa.eu.

(4) You may view this service information 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 service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email [e-mail], or go to: www.archives.gov/​federal-register/​cfr/​ibr-locations.html.

Issued on October 5, 2023.

Victor Wicklund,

Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service.