[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Proposed Rules]
[Pages 18263-18264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05941]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 88, No. 59 / Tuesday, March 28, 2023 / 
Proposed Rules  

[[Page 18263]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0438; Project Identifier 2015-NM-065-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to remove Airworthiness Directive (AD) 2016-
15-01, which applies to all Airbus SAS Model A300 series airplanes; 
Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model 
A300 C4-605R Variant F airplanes (collectively called Model A300-600 
series airplanes); and Model A310 series airplanes. AD 2016-15-01 
requires an inspection to determine trimmable horizontal stabilizer 
actuator (THSA) part numbers, serial numbers, and flight cycles on 
certain THSAs; and repetitive replacement of certain THSAs. AD 2016-15-
01 is no longer necessary, because the FAA has issued AD 2022-25-12 to 
terminate AD 2016-15-01 for Model A310 series airplanes and an NPRM 
that would terminate AD 2016-15-01 for Model A300-600 series airplanes. 
The FAA has also determined that the inclusion of the Model A300 series 
airplanes in the applicability of AD 2016-15-01 was an inadvertent 
error. Accordingly, the FAA proposes to remove AD 2016-15-01.

DATES: The FAA must receive comments on this proposed AD by May 12, 
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-2023-0438; 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, any comments received, and other 
information. The street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large 
Aircraft Section, FAA, International Validation Branch, 2200 South 
216th St., Des Moines, WA 98198; telephone 206-231-3225; 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-2023-0438; Project Identifier 
2015-NM-065-AD'' 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 
the 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 proposed AD.

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 Dan 
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3225; email [email protected]. Any commentary that 
the FAA receives that is not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2016-15-01, Amendment 39-18592 (81 FR 47696, July 
22, 2016) (AD 2016-15-01), for Airbus SAS Model A300 series airplanes; 
Model A300-600 series airplanes; and Model A310 series airplanes. AD 
2016-15-01 requires an inspection to determine THSA part numbers, 
serial numbers, and flight cycles on certain THSAs; and repetitive 
replacement of certain THSAs. AD 2016-15-01 was prompted by reports of 
partial loss of no-back brake (NBB) efficiency on the THSA. The FAA 
issued AD 2016-15-01 to prevent loss of THSA NBB efficiency, which, in 
conjunction with the inability of the power gear to keep the ball screw 
in its last commanded position, could lead to an uncommanded movement 
of the horizontal stabilizer, possibly resulting in loss of control of 
the airplane.

Actions Since AD 2016-15-01 Was Issued

    Since the FAA issued AD 2016-15-01, the European Union Aviation 
Safety Agency (EASA) issued AD 2015-0081-CN, dated October 7, 2022, to 
cancel EASA AD 2015-0081. EASA AD 2015-0081-CN states that EASA ADs 
2022-0194 and 2022-0195, both dated September 23, 2022, require 
incorporating new airworthiness tasks, which include the replacement of

[[Page 18264]]

certain THSAs, as required by EASA AD 2015-0081 (which corresponds to 
FAA AD 2016-15-01).
    The FAA has issued AD 2022-25-12, Amendment 39-22268 (87 FR 78518, 
December 22, 2022) (AD 2022-25-12) which addresses the same unsafe 
condition for the Airbus SAS Model A310 series airplanes. AD 2022-25-12 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations, as specified in EASA AD 2022-0195.
    The FAA has also issued an NPRM, Docket No. FAA-2022-1660 (88 FR 
2035, January 12, 2023) to address the same unsafe condition for the 
Airbus SAS Model A300-600 series airplanes. In that NPRM, the FAA 
proposed to require revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations, as specified in EASA AD 2022-0194.
    The FAA has also determined that the Airbus SAS Model A300 series 
airplanes are not affected by the unsafe condition addressed by AD 
2016-15-01. The inclusion of the Model A300 series airplanes in the 
applicability of AD 2016-15-01 was an inadvertent error.

FAA's Conclusions

    Upon further consideration, the FAA has determined that AD 2016-15-
01 is no longer necessary. Accordingly, this proposed AD would remove 
AD 2016-15-01. Removal of AD 2016-15-01 would not preclude the FAA from 
issuing another related action or commit the FAA to any course of 
action in the future. This proposed AD would remove all actions of AD 
2016-15-01. Therefore, this proposed AD would terminate all 
requirements of AD 2016-15-01.

Related Costs of Compliance

    This proposed AD would add no cost. This proposed AD would remove 
AD 2016-15-01 from 14 CFR part 39; therefore, operators would no longer 
be required to show compliance with that AD.

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.

Regulatory Findings

    The FAA has 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 that the 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 2016-15-01, Amendment 39-18592 (81 
FR 47696, July 22, 2016), and
0
b. Adding the following new airworthiness directive:

Airbus SAS: Docket No. FAA-2023-0438; Project Identifier 2015-NM-
065-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by May 12, 2023.

(b) Affected Airworthiness Directives (ADs)

    This AD replaces AD 2016-15-01, Amendment 39-18592 (81 FR 47696, 
July 22, 2016).

(c) Applicability

    This AD applies to the Airbus SAS airplanes identified in 
paragraphs (c)(1) through (c)(6) of this AD, certificated in any 
category, all manufacturer serial numbers.
    (1) Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and 
B4-203 airplanes.
    (2) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
    (3) Model A300 B4-605R and B4-622R airplanes.
    (4) Model A300 F4-605R and F4-622R airplanes.
    (5) Model A300 C4-605R Variant F airplanes.
    (6) Model A310-203, -204, -221, -222, -304, -322, -324, and -325 
airplanes.

(d) Subject

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

(e) Terminating Action

    This AD terminates all requirements of AD 2016-15-01.

(f) Related Information

    For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3225; email [email protected].

(g) Material Incorporated by Reference

    None.

    Issued on March 17, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-05941 Filed 3-27-23; 8:45 am]
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