[Federal Register Volume 79, Number 165 (Tuesday, August 26, 2014)]
[Proposed Rules]
[Pages 50863-50867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20262]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0584; Directorate Identifier 2014-NM-092-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-09-
05, for certain Airbus Model A330-200 and -300 series airplanes, and 
Model A340-200 and -300 series airplanes. AD 2014-09-05 currently 
requires repetitive inspections of certain sidestay upper cardan pins 
of the main landing gear (MLG), and associated nuts and retainer 
assemblies, and pin replacement if necessary. Since we issued AD 2014-
09-05, we have determined that a previously optional measurement is 
necessary to address the identified unsafe condition. We are proposing 
this AD to detect and correct migration of the sidestay upper cardan 
pin, which could result in disconnection of the sidestay upper arm from 
the airplane structure, and could result in a landing gear collapse and 
consequent damage to the airplane and injury to occupants.

DATES: We must receive comments on this proposed AD by October 10, 
2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 
93 45 80; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, call 
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0584; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday,

[[Page 50864]]

except Federal holidays. The AD docket contains this proposed AD, the 
regulatory evaluation, any comments received, and other information. 
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0584; 
Directorate Identifier 2014-NM-092-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On April 16, 2014, we issued AD 2014-09-05, Amendment 39-17840 (79 
FR 23909, April 29, 2014). AD 2014-09-05 requires actions intended to 
address an unsafe condition on certain Airbus Model A330-200 and -300 
series airplanes, and Model A340-200 and -300 series airplanes.
    Since we issued AD 2014-09-05, Amendment 39-17840 (79 FR 23909, 
April 29, 2014), we have determined that the optional measurement 
specified in that AD is necessary to address the identified unsafe 
condition.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2014-0066, corrected March 20, 2014 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition on certain Airbus Model 
A330-200 and -300 series airplanes, and Model A340-200 and -300 series 
airplanes. The MCAI states:

    An A330 aeroplane equipped with Basic (main landing gear) MLG 
was rolling out after landing when it experienced a nose wheel 
steering fault (unrelated to the safety subject addressed by this 
[EASA] AD), which resulted in the crew stopping the aeroplane on the 
taxiway after vacating the runway.
    The subsequent investigation revealed that the right-hand MLG 
sidestay upper cardan pin had migrated out of position. The sidestay 
upper cardan nut and retainer were found in the landing gear bay 
detached from the upper cardan pin. The nut and the retainer were 
still bolted together.
    This condition, if not detected and corrected, could lead to a 
complete migration of the sidestay upper cardan pin and a 
disconnection of the sidestay upper arm from the aeroplane 
structure, possibly resulting in MLG collapse with consequent damage 
to the aeroplane and injury to occupants.
    To address this potential condition, Airbus published Alert 
Operators Transmission (AOT) A32L003-14, providing inspection 
instructions.
    For the reasons described above, this [EASA] AD requires 
accomplishment of repetitive [detailed inspections for visible 
chrome] of the MLG upper cardan pin, nut and retainer [and pin 
replacement if necessary]. This [EASA] AD also requires 
accomplishment of a gap check between wing rear spar fitting lugs 
and the bush flanges [and corrective actions if necessary. 
Corrective actions include repair or replacement of the cardan pin 
assembly].

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0584.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), we proposed to prevent the use of repairs 
that were not specifically developed to correct the unsafe condition, 
by requiring that the repair approval provided by the State of Design 
Authority or its delegated agent specifically refer to the FAA AD. This 
change was intended to clarify the method of compliance and to provide 
operators with better visibility of repairs that are specifically 
developed and approved to correct the unsafe condition. In addition, we 
proposed to change the phrase ``its delegated agent'' to include a 
design approval holder (DAH) with State of Design Authority design 
organization approval (DOA), as applicable, to refer to a DAH 
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The 
proposed wording, being specific to repairs, eliminates the 
interpretation that Airbus messages are acceptable for approving minor 
deviations (corrective actions) needed during accomplishment of an AD 
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the

[[Page 50865]]

Manufacturer.'' This paragraph now clarifies that for any requirement 
in this proposed AD to obtain corrective actions from a manufacturer, 
the actions must be accomplished using a method approved by the FAA, 
the European Aviation Safety Agency (EASA), or Airbus's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``design approval holder (DAH) with State of 
Design Authority design organization approval,'' but instead we have 
provided the specific delegation approval granted by the State of 
Design Authority for the DAH throughout this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 83 airplanes of U.S. 
registry.
    The actions that are required by AD 2014-09-05, Amendment 39-17840 
(79 FR 23909, April 29, 2014), and retained in this proposed AD take 
about 1 work-hour per product, at an average labor rate of $85 per 
work-hour. Required parts cost $0 per product. Based on these figures, 
the estimated cost of the actions that are required by AD 2014-09-05 is 
$85 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $7,055, or $85 per 
product.
    In addition, we estimate that any necessary follow-on actions would 
take about 4 work-hours and require parts costing $7,530, for a cost of 
$7,870 per product. We have no way of determining the number of 
aircraft that might need these actions.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information 
Collection Clearance Officer, AES-200.

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.
    We are 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

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. Amend Sec.  39.13 by removing Airworthiness Directive (AD) 2014-09-
05, Amendment 39-17840 (79 FR 23909, April 29, 2014), and adding the 
following new AD:

Airbus: Docket No. FAA-2014-0584; Directorate Identifier 2014-NM-
092-AD.

(a) Comments Due Date

    We must receive comments by October 10, 2014.

(b) Affected ADs

    This AD replaces AD 2014-09-05, Amendment 39-17840 (79 FR 23909, 
April 29, 2014).

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1) 
and (c)(2) of this AD, certificated in any category.
    (1) Airbus Model A330-201, A330-202, A330-203, A330-223, A330-
243, A330-301, A330-302, A330-303, A330-321, A330-322, A330-323, 
A330-341, A330-342, and A330-343 airplanes, all manufacturer serial 
numbers (MSNs), equipped with basic (201252 series) main landing 
gear (MLG), or growth (201490 series) MLG.

[[Page 50866]]

    (2) Airbus Model A340-211, A340-212, A340-213, A340-311, A340-
312, and A340-313 airplanes, all MSNs, equipped with basic (201252 
series) MLG or growth (201490 series) MLG.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
Gear.

(e) Reason

    This AD was prompted by a report of a sidestay upper cardan pin 
of the MLG migrating out of position. We are issuing this AD to 
detect and correct migration of the sidestay upper cardan pin, which 
could result in disconnection of the sidestay upper arm from the 
airplane structure, and which could result in a landing gear 
collapse and consequent damage to the airplane and injury to 
occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Repetitive Detailed Inspections With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2014-09-05, Amendment 39-17840 (79 FR 23909, April 29, 2014), with 
no changes.
    (1) For airplanes identified in paragraphs (g)(1)(i) and 
(g)(1)(ii) of this AD on which the affected MLG has exceeded 8 years 
since first overhaul, as of May 14, 2014 (the effective date of AD 
2014-09-05, Amendment 39-17840 (79 FR 23909, April 29, 2014), except 
those MLG that have had a second overhaul: Within 30 days after May 
14, 2014, accomplish a detailed inspection for visible chrome of 
each affected MLG sidestay upper cardan pin, and associated nut and 
retainer assembly, in accordance with the instructions of Airbus 
Alert Operators Transmission (AOT) A32L003-14, dated March 10, 2014, 
including Appendices 1, 2, and 3 (the issue date is not specified on 
the appendices).
    (i) Airplanes equipped with any MLG sidestay upper cardan pin 
subassembly part number (P/N) 201267202 (on 201252 series MLG).
    (ii) Airplanes equipped with any MLG sidestay upper cardan pin 
subassembly P/N 201483202 (on 201490 series MLG).
    (2) If, during any inspection required by paragraph (g)(1) of 
this AD, no pin chrome is visible inboard of the wing rear spar 
fitting lug, repeat the detailed inspection for visible chrome 
specified in paragraph (g)(1) of this AD thereafter at intervals not 
to exceed 10 days.
    (3) If, during any inspection required by paragraphs (g)(1) or 
(g)(2) of this AD, pin chrome is visible inboard of the wing rear 
spar fitting lug, before further flight, replace the affected cardan 
pin assembly, in accordance with the instructions of Airbus AOT 
A32L003-14, dated March 10, 2014, including Appendices 1, 2, and 3 
(the issue date is not specified on the appendices). Replacement of 
the affected cardan pin assembly terminates the repetitive 
inspections required by paragraph (g)(2) of this AD.
    Note 1 to paragraph (g) of this AD: MLG sidestay upper cardan 
pin subassembly P/N 201267202 (found in Airbus Illustrated Parts 
Catalogue (IPC) as item 32-11-18-01) includes the cardan pin P/N 
201267600. MLG sidestay upper cardan pin subassembly P/N 201483202 
(found in Airbus IPC as item 32-11-18-01) includes the cardan pin P/
N 201483600.

(h) New Terminating Action--Gap Check

    Within 4 months after the effective date of this AD: Measure the 
cardan pin clearance dimensions (gap check) and do the applicable 
corrective action specified in paragraph (h)(1) or (h)(2) of this 
AD. Measuring the gap check and doing the applicable corrective 
action specified in paragraph (h)(1) or (h)(2) of this AD, as 
applicable, terminates the repetitive inspections required by 
paragraphs (g)(1) and (g)(2) of this AD for that sidestay upper 
cardan pin, nut, and retainer only. The measurement must be done in 
accordance with Airbus AOT A32L003-14, dated March 10, 2014, 
including Appendices 1, 2, and 3 (the issue date is not specified on 
the appendices).
    (1) If the total clearance dimension (gap check result) is equal 
to or greater than 1.5 mm, before further flight, replace the cardan 
pin assembly, in accordance with Airbus AOT A32L003-14, dated March 
10, 2014, including Appendices 1, 2, and 3 (the issue date is not 
specified on the appendices).
    (2) If the total clearance dimension (gap check) is less than 
1.5 mm but greater than 0.6 mm, do the actions specified in 
paragraphs (h)(2)(i) and (h)(2)(ii) of this AD.
    (i) Before further flight, send the information (Appendix 2 
proforma, photographs, and the movement traceability sheet) 
specified in paragraph 4.2.3, ``Findings,'' of Airbus AOT A32L003-
14, dated March 10, 2014, including Appendices 1, 2, and 3, to 
Airbus at the address specified in Appendix 2 of Airbus AOT A32L003-
14, dated March 10, 2014.
    (ii) Within 30 days after accomplishing the gap check, repair 
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation 
Safety Agency (EASA); or Airbus's EASA Design Organization Approval 
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.

(i) New Reporting of Inspection Results

    For airplanes on which a gap check specified in paragraph (h) of 
this AD has been done: Except as required by paragraph (h)(2)(i) of 
this AD, at the applicable time specified in paragraphs (i)(1) and 
(i)(2) of this AD, report all findings (including no findings) to 
Airbus, in accordance with Airbus AOT A32L003-14, dated March 10, 
2014, including Appendices 1, 2, and 3, (the issue date is not 
specified on the appendices).
    (1) If the gap check was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the gap check was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Vladimir 
Ulyanov, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1138; fax 425-227-1149. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office. The 
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2014-
0066 (Corrected March 20, 2014), for related information. This MCAI 
may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2014-0584.
    (2) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33

[[Page 50867]]

5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; Internet http://www.airbus.com. You may view this 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on August 15, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-20262 Filed 8-25-14; 8:45 am]
BILLING CODE 4910-13-P