[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Proposed Rules]
[Pages 75507-75510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20817]


 ========================================================================
 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. 89, No. 179 / Monday, September 16, 2024 / 
Proposed Rules  

[[Page 75507]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2141; Project Identifier MCAI-2024-00421-T]
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 supersede Airworthiness Directive (AD) 
2022-11-01, which applies to certain 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). AD 2022-11-01 requires a detailed 
inspection (DET) of the main landing gear (MLG) support rib 5 lower 
flange, a fluorescent penetrant inspection (FPI) around the spot facing 
of certain fastener holes if necessary, and applicable corrective 
actions. Since the FAA issued AD 2022-11-01, it was determined 
additional airplanes are affected. This proposed AD would continue to 
require the actions in AD 2022-11-01 and add airplanes to the 
applicability, 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 October 31, 
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-2024-2141; 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 EASA material identified 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-2024-2141.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
Des Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 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 the ADDRESSES section. Include ``Docket No. FAA-2024-2141; 
Project Identifier MCAI-2024-00421-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 Dan 
Rodina, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 206-231-3225; 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 2022-11-01, Amendment 39-22051 (87 FR 32292, May 
31, 2022) (AD 2022-11-01), on certain Airbus SAS Model A300 and A300-
600 series airplanes. AD 2022-11-01 was prompted by an MCAI originated 
by EASA, which is the Technical Agent for the Member States of the 
European Union. EASA issued AD 2021-0190, dated August 17, 2021, to 
correct an unsafe condition.
    AD 2022-11-01 requires a one-time DET of the MLG support rib 5 
lower flange, inboard and outboard of rib 5, on the right-hand and 
left-hand sides (i.e., affected area); a one-time FPI around the spot 
facing of certain fastener holes if necessary; and applicable 
corrective actions. The FAA issued AD 2022-11-01 to address cracking in 
the affected area. This condition, if not detected and

[[Page 75508]]

corrected, could affect the structural integrity of the airplane.

Actions Since AD 2022-11-01 Was Issued

    Since the FAA issued AD 2022-11-01, EASA superseded AD 2021-0190, 
dated August 17, 2021, and issued EASA AD 2024-0145, dated July 23, 
2024 (EASA AD 2024-0145) (also referred to as the MCAI), to correct an 
unsafe condition for certain Airbus SAS Model A300, A300-600, and A300-
600ST series airplanes. Model A300-600ST airplanes are not certificated 
by the FAA and are not included on the U.S. type certificate data 
sheet; this AD therefore does not include those airplanes in the 
applicability. The MCAI states that certain airplanes were excluded 
from the applicability of EASA AD 2021-0190 on the assumption they were 
withdrawn from service. Since issuance of that EASA AD, it was 
determined at least one of those airplanes is in service and the DET 
and FPI were accomplished on that airplane. Further, there is no 
evidence that the other excluded airplanes were scrapped or dismantled 
so the possibility exists they could also return to service. For these 
reasons, the applicability was expanded to include those airplanes.
    Also, since the FAA issued AD 2022-11-01, FAA Type Certificate 
A35EU was updated to remove Airbus SAS Model A300 B2-1A, B2-1C, B2K-3C, 
and B2-203 airplanes. The FAA therefore is proposing to remove those 
airplanes from the applicability of this proposed AD.
    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-2024-2141.

Material Incorporated by Reference Under 1 CFR Part 51

    EASA AD 2024-0145 specifies procedures for a one-time DET of the 
affected area, a one-time FPI around the spot facing of certain 
fastener holes in the affected area if no crack is detected during the 
DET, and obtaining and following approved repair instructions if any 
crack is found during the DET or FPI. EASA AD 2024-0145 also updated 
the applicability of affected airplanes.
    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 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 2024-0145 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 2024-0145 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2024-0145 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 2024-0145 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 2024-
0145. Material required by EASA AD 2024-0145 for compliance will be 
available at regulations.gov under Docket No. FAA-2024-2141 after the 
FAA final rule is published.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
23 work-hours x $85 per hour = $1,955........................              $0           $1,955         $242,420
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to replace any cracked rib 
that would be required based on the results of any required actions and 
repair status. The FAA has no way of determining the number of aircraft 
that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
          Labor cost              Parts cost        Cost per product
------------------------------------------------------------------------
Up to 1,500 work-hours x $85          $620,000  Up to $747,500.
 per hour = $127,500.
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the repair specified in this 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.

[[Page 75509]]

    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) 2022-11-01, Amendment 39-22051 
(87 FR 32292, May 31, 2022); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2024-2141; Project Identifier MCAI-2024-
00421-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 31, 2024.

(b) Affected ADs

    This AD replaces AD 2022-11-01, Amendment 39-22051 (87 FR 32292, 
May 31, 2022).

(c) Applicability

    This AD applies to Airbus SAS airplanes identified in paragraphs 
(c)(1) through (5) of this AD, certificated in any category, as 
identified in European Union Aviation Safety Agency (EASA) AD 2024-
0145, dated July 23, 2024 (EASA AD 2024-0145).
    (1) Model A300 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 C4-605R Variant F airplanes.
    (5) Model A300 F4-605R and F4-622R airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of cracking in the main landing 
gear (MLG) support rib 5 lower flange, inboard and outboard of rib 
5, on the right-hand and left-hand sides. The FAA is issuing this AD 
to address cracking of the MLG support rib 5 lower flange. This 
condition, if not detected and corrected, could affect the 
structural integrity of the airplane.

(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 2024-0145.

(h) Exceptions to EASA AD 2024-0145

    (1) Where EASA AD 2024-0145 refers to August 31, 2021 (the 
effective date of EASA AD 2021-0190), this AD requires using July 5, 
2022 (the effective date of AD 2022-11-01, Amendment 39-22051 (87 FR 
32292, May 31, 2022)).
    (2) Where EASA AD 2024-0145 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (3) of EASA AD 2024-0145 specifies to 
``accomplish those instructions accordingly'' if any crack is 
detected, for this AD if any crack is detected, the crack must be 
repaired before further flight 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.
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0145.

(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 manager of the 
International Validation Branch, send it to the attention of the 
person identified in paragraph (j) of this AD and email 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) Airbus Statement of Airworthiness Compliance (ASAC) 
80955386/006/2021, Issue 1, dated August 25, 2021; and ASAC 
80955386/024/2022, Issue 1, dated February 25, 2022, are approved as 
AMOCs for the corresponding provisions of this AD for the airplanes 
identified in those ASACs only.
    (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 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 material referenced in EASA AD 
2024-0145 contains paragraphs that are labeled as RC, the 
instructions in RC paragraphs, including subparagraphs under an RC 
paragraph, must be done to comply with this AD; any paragraphs, 
including subparagraphs under those paragraphs, that are not 
identified as RC are recommended. The instructions in paragraphs, 
including subparagraphs under those paragraphs, 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 instructions identified as RC can 
be done and the airplane can be put back in an airworthy condition. 
Any substitutions or changes to instructions identified as RC 
require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Dan Rodina, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; phone: 206-231-3225; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material listed in this paragraph 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2024-0145, 
dated July 23, 2024.
    (ii) [Reserved]
    (3) For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3,

[[Page 75510]]

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.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, 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 September 10, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-20817 Filed 9-13-24; 8:45 am]
BILLING CODE 4910-13-P