[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Proposed Rules]
[Pages 2283-2286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00262]



[[Page 2283]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0011; Project Identifier MCAI-2022-00211-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2013-07-03, which applies to all Airbus SAS Model A330-200, A330-200 
Freighter, A330-300, A340-200, and A340-300 series airplanes; and Model 
A340-541 and A340-642 airplanes. AD 2013-07-03 requires repetitive 
inspections for degradation of the bogie pivot pins and for any cracks 
and damage of the pivot pin bushes of the main and central landing 
gear; an inspection of the affected bogie pivot pins for corrosion and 
base metal cracks; and repairing or replacing bogie pivot pins and 
pivot pin bushes, if necessary. Since the FAA issued AD 2013-07-03, a 
modification was developed that addresses the unsafe condition and it 
was determined that a parts installation prohibition is necessary. This 
proposed AD would continue to require certain actions in AD 2013-07-03, 
add an optional modification that would terminate the repetitive 
inspections, and add a parts installation prohibition, as specified in 
a European Union Aviation Safety Agency (EASA) AD, which is proposed 
for incorporation by reference (IBR). The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by February 
27, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: 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-2023-0011; 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 NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For the EASA AD identified in this NPRM, you may 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. It is also 
available at regulations.gov under Docket No. FAA-2023-0011.
     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.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 206-231-3229; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-0011; Project Identifier 
MCAI-2022-00211-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, WA 
98198; telephone 206-231-3229; email [email protected]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2013-07-03, Amendment 39-17407 (78 FR 21227, 
April 10, 2013) (AD 2013-07-03), for all Airbus SAS Model A330-200, 
A330-200 Freighter, A330-300, A340-200, and A340-300 series airplanes; 
and Model A340-541 and A340-642 airplanes. AD 2013-07-03 was prompted 
by an MCAI originated by EASA, which is the Technical Agent for the 
Member States of the European Union. EASA issued AD 2012-0053, dated 
March 30, 2012, to correct an unsafe condition.
    AD 2013-07-03 requires repetitive detailed inspections for 
degradation of the bogie pivot pins and for any cracks and damage of 
the pivot pin bushes of the main and central landing gear; a magnetic 
particle inspection of the affected bogie pivot pins for corrosion and 
base metal cracks; and repairing or replacing bogie pivot pins and 
pivot pin bushes, if necessary. The FAA issued AD 2013-07-03 to detect 
and correct cracks and damage to the main and central landing gear, 
which could result in the collapse of the landing gear and adversely 
affect the airplane's continued safe flight and landing.

Actions Since AD 2013-07-03 Was Issued

    Since the FAA issued AD 2013-07-03, EASA superseded EASA AD 2012-

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0053, dated March 30, 2012, and issued EASA AD 2022-0025R2, dated 
August 9, 2022 (EASA AD 2022-0025R2) (also referred to as the MCAI), to 
correct an unsafe condition for all Airbus SAS Model A330-201, A330-
202, A330-203, A330-223, A330-223F, A330-243, A330-243F, A330-301, 
A330-302, A330-303, A330-321, A330-322, A330-323, A330-341, A330-342 
and A330-343 airplanes; and Model A340-211, A340-212, A340-213, A340-
311, A340-312, A340-313, A340-541, A340-542, A340-642 and A340-643 
airplanes. Model A340-542 and A340-643 airplanes are not certificated 
by the FAA and are not included on the U.S. type certificate data 
sheet; this proposed AD therefore does not include those airplanes in 
the applicability.
    The MCAI states that since EASA issued AD 2012-0053, dated March 
30, 2012, Airbus developed mod 207165 and mod 207649, introducing a new 
bogie pivot pin for certain main landing gear. The MCAI includes the 
modification as an optional terminating action for the repetitive 
inspections. The MCAI also determined that a parts installation 
prohibition is necessary. The MCAI also states that main and central 
landing gear overhauls contains actions that are equivalent to those 
required by EASA AD 2012-0053, dated March 30, 2012, and therefore, 
credit is provided for those actions.
    The FAA is issuing this AD to address cracks and damage to the main 
and central landing gear. The unsafe condition, if not addressed, could 
result in the collapse of the landing gear and consequent damage to the 
airplane and injury to occupants. You may examine the MCAI in the AD 
docket at regulations.gov under Docket No. FAA-2023-0011.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2013-07-03, this proposed AD would retain certain 
requirements of AD 2013-07-03. Those requirements are referenced in 
EASA AD 2022-0025R2, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0025R2 specifies procedures for repetitive detailed 
inspections for degradation of the bogie pivot pins and for any cracks 
and damage of the pivot pin bushes of the main and central landing 
gear; an non-destructive test (NDT) inspection (i.e., magnetic particle 
inspection) of the affected bogie pivot pins for corrosion and base 
metal cracks; and corrective actions if necessary (i.e., repairing or 
replacing bogie pivot pins and pivot pin bushes). EASA AD 2022-0025R2 
also provides an optional modification, which terminates the repetitive 
inspections. EASA AD 2022-0025R2 also includes a parts installation 
prohibition for the affected parts.
    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.

FAA's Determination

    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 the State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0025R2 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2022-0025R2 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0025R2 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2022-0025R2 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2022-
0025R2. Service information required by EASA AD 2022-0025R2 for 
compliance will be available at regulations.gov under Docket No. FAA-
2023-0011 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 115 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Retained actions from AD                22 work-hours x $85 per               $0          $1,870        $215,050
 2013[dash]07[dash]03.                   hour = $1,870.
----------------------------------------------------------------------------------------------------------------


                 Estimated Costs for New Optional Action
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          Labor cost              Parts cost        Cost per product
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24 work-hours x $85 per hour   Up to $30,150..  Up to $32,190.
 = $2,040.
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                 Estimated Costs of On-Condition Actions
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          Labor cost              Parts cost        Cost per product
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Up to 8 work-hours x $85 per   Up to $2,122...  Up to $2,802.
 hour = $680.
------------------------------------------------------------------------

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 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) AD 2013-07-03, Amendment 39-
17407 (78 FR 21227, April 10, 2013); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-0011; Project Identifier MCAI-2022-
00211-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 27, 2023.

(b) Affected ADs

    This AD replaces AD 2013-07-03, Amendment 39-17407 (78 FR 21227, 
April 10, 2013) (AD 2013-07-03).

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (5) of this AD; certificated in any 
category.
    (1) Model A330-201, -202, -203, -223, -223F, -243 and -243F 
airplanes.
    (2) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (3) Model A340-211, -212, and -213 airplanes.
    (4) Model A340-311, -312, and -313 airplanes.
    (5) Model A340-541 and -642 airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of cracks in the bogie pivot pin 
of the main and central landing gear bogie beams. Investigation 
indicated these finding were the result of material heating due to 
friction between the bogie pivot pin and bush, leading to chrome 
detachment and chrome dragging on the bogie pivot pin. Since 
issuance of AD 2013-07-03, an optional terminating modification was 
developed and it was also determined that a parts installation 
prohibition is necessary. The FAA is issuing this AD to address 
cracks and damage to the main and central landing gear. The unsafe 
condition, if not addressed, could result in the collapse of the 
landing gear 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) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2022-0025R2, dated August 9, 2022 (EASA AD 2022-0025R2).

(h) Exceptions to EASA AD 2022-0025R2

    (1) Where EASA AD 2022-0025R2 refers to March 1, 2022 (the 
effective date of EASA AD 2022-0025, dated February 15, 2022), this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0025R2 refers to April 13, 2012 (the 
effective date of EASA AD 2012-0053, dated March 30, 2012), this AD 
requires using May 15, 2013 (the effective date of AD 2013-07-03).
    (3) Where paragraph (4) of EASA AD 2022-0025R2 specifies 
corrective actions for the non-destructive test (NDT) inspection, 
replace the text ``the base metal of the affected part is found 
corroded'' with ``the bogie pivot pin is found corroded or the base 
metal is found cracked.''
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0025R2.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-
0025R2 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(j) 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 (k) of this AD. Information may be emailed 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 2013-07-03 are approved as 
AMOCs for the corresponding provisions of EASA AD 2022-0025R2 that 
are required by paragraph (g) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions

[[Page 2286]]

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 (j)(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.

(k) Additional Information

    For more information about this AD, contact Vladimir Ulyanov, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3229; email [email protected].

(l) 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 2022-0025R2, 
dated August 9, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0025R2, 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 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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-00262 Filed 1-12-23; 8:45 am]
BILLING CODE 4910-13-P