[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
[Proposed Rules]
[Pages 9795-9798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02443]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 89, No. 29 / Monday, February 12, 2024 /
Proposed Rules
[[Page 9795]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0223; Project Identifier MCAI-2023-00996-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 adopt a new airworthiness directive (AD)
for all Airbus SAS Model A330-200, A330-200 Freighter, A330-800, and
A330-900 series airplanes; Model A330-301, -302, -303, -323, -342, and
-343 airplanes; and Model A340-312 and -313 airplanes. This proposed AD
was prompted by reports of quality non-conformity on main landing gear
(MLG) axles where the high velocity oxygen-fuel (HVOF) coating on the
bearing journal runout areas had a coating that was thicker than
allowable limits. This proposed AD would require repetitive inspections
of the affected parts (MLG axles) for any discrepancy, corrective
actions, and eventual replacement of affected parts, and would prohibit
the installation of affected parts, 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 March 28,
2024.
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-2024-0223; 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 material that is proposed for IBR 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. It is also
available at regulations.gov under Docket No. FAA-2024-0223.
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.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
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-2024-0223; Project Identifier
MCAI-2023-00996-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, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; 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
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0167, dated August 30, 2023
(EASA AD 2023-0167) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A330-200, A330-200 Freighter,
A330-800, and A330-900 series airplanes; Model A330-301, -302, -303, -
323, -342, -343, and -743L airplanes; and Model A340-312 and -313
airplanes. Model A330-743L 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 there are reports of quality non-
[[Page 9796]]
conformity on MLG axles where the HVOF coating on the bearing journal
runout areas had a coating thicker than allowable limits. This over-
thickness could lead to damage, cracking, or spalling of the protective
coating, which could expose the base material and allow corrosion to
develop. This condition, if not detected and corrected, could lead to a
MLG axle failure, possibly resulting in a MLG collapse, with consequent
damage to the airplane and injury to occupants.
The FAA is proposing 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-2024-0223.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0167 specifies, for certain airplanes, procedures for
repetitive inspections of the affected parts (MLG axles) for any
discrepancy (damage, cracking, or spalling of HVOF coating, or
corrosion), doing corrective actions including obtaining and following
repair instructions and replacement of affected parts. EASA AD 2023-
0167 also prohibits the installation of affected parts, and
installation of MLG having an affected part installed. 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
ADDRESSES.
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 this 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 2023-0167 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 2023-0167 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0167 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 2023-0167 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 2023-
0167. Service information required by EASA AD 2023-0167 for compliance
will be available at regulations.gov under Docket No. FAA-2024-0223
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 7 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Part and serial number inspection 0.5 work-hours x $0 $42.50............. $298.
$85 per hour =
$42.50 per
airplane.
Inspection of affected axle...... Up to 16 work-hours 0 Up to $1,360 per Up to $9,520 per
x $85 per hour = axle, per axle, per
$1,360 per axle, inspection cycle. inspection cycle.
per inspection
cycle.
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The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
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Action Labor cost Parts cost Cost per product
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Repair.................................. Up to 16 work-hours x $85 $0 $1,360.
per hour = $1,360.
Axle replacement........................ Up to 88 work-hours x $85 47,126 $54,606.
per hour = $7,480.
Optional replacement of MLG............. Up to 48 work-hours x $85 (*) Up to $4,080.
per hour = $4,080.
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* The FAA has received no definitive data on which to base the cost estimates for a replacement MLG. The parts
cost must be obtained through SAFRAN.
[[Page 9797]]
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 adding the following new airworthiness
directive:
Airbus SAS: Docket No. FAA-2024-0223; Project Identifier MCAI-2023-
00996-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 28, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus airplanes identified in paragraphs
(c)(1) through (4) of this AD, certificated in any category.
(1) Model A330-201, -202, -203, -223, and -243 airplanes.
(2) Model A330-223F, and -243F airplanes.
(3) Model A330-301, -302, -303, -323, -342, -343, -841, and -941
airplanes.
(4) Model A340-312 and -313 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
Gear.
(e) Unsafe Condition
This AD was prompted by reports of quality non-conformity on
main landing gear (MLG) axles where the high velocity oxygen-fuel
(HVOF) coating on the bearing journal runout areas had excessive
coating compared to the drawing limits. The FAA is issuing this AD
to address damage, cracking, or spalling of the protective HVOF
coating and exposure of the base material, which could allow
corrosion to develop. The unsafe condition, if not addressed, could
result in a MLG axle failure, possibly resulting in a MLG collapse,
with 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 paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0167, dated August 30. 2023 (EASA AD 2023-0167).
(h) Exceptions to EASA AD 2023-0167
(1) Where EASA AD 2023-0167 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2023-0167 specifies to
inspect within 24 months after the part entry into service, this AD
requires inspecting within 30 months after the part entry into
service or 30 days after the effective date of this AD, whichever
occurs later.
(3) Paragraph (3) of EASA AD 2023-0167 specifies ``If, during
any inspection as required by paragraph (1) of this AD, any
discrepancy, as defined in the SB, is detected, before next flight,
contact SAFRAN Landing Systems for approved corrective action
instructions and, within the compliance time specified therein,
accomplish those instructions accordingly. If no compliance time is
identified in those instructions, accomplish the applicable
corrective action(s) before next flight.'' This AD, however,
requires replacing those words with ``If, during any inspection as
required by paragraph (1) of this AD, any discrepancy, as defined in
the SB, is detected, the discrepancy must be repaired before further
flight using a method approved by the Manager, International
Validation Branch, FAA; or EASA; Airbus SAS's EASA Design
Organization Approval (DOA); or SAFRAN Landing Systems' DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.''
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0167.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-0167
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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (k) of this AD. 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 responsible Flight Standards Office.
(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; Airbus SAS's EASA Design
Organization Approval (DOA); or SAFRAN Landing System's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.
(3) Required for Compliance (RC): Except as required by
paragraphs (i) and (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
[[Page 9798]]
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,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; 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 2023-0167,
dated August 30, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0167, 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 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 February 1, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-02443 Filed 2-9-24; 8:45 am]
BILLING CODE 4910-13-P