Airworthiness Directives; Airbus SAS Airplanes, 2035-2038 [2022-28613]

Download as PDF Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Proposed Rules emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 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; 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 (i)(2) of this AD, if any service information referenced in EASA AD 2022–0196 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. khammond on DSKJM1Z7X2PROD with PROPOSALS (j) Additional Information For more information about this AD, contact Dat Le, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 516–228– 7317; email Dat.V.Le@faa.gov. (k) 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 2022–0196, dated September 20, 2022. (ii) [Reserved] (3) For EASA AD 2022–0196, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; 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 fr.inspection@nara.gov, or go to: VerDate Sep<11>2014 17:11 Jan 11, 2023 Jkt 259001 www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on December 27, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022–28584 Filed 1–11–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1660; Project Identifier MCAI–2022–01268–T] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS 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). This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, 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. SUMMARY: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 2035 AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–1660; 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 NPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; 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– 2022–1660. • 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: Dan Rodina, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231–3225; email dan.rodina@faa.gov. 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–2022–1660; Project Identifier MCAI–2022–01268–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 E:\FR\FM\12JAP1.SGM 12JAP1 2036 Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS 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, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231– 3225; email dan.rodina@faa.gov. 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 2022–0194, dated September 23, 2022 (EASA AD 2022–0194) (also referred to as the MCAI), to correct an unsafe condition for all Airbus A300B4–601, A300B4– 603, A300B4–620, A300B4–622, A300B4–605R, A300B4–622R, A300C4– 605R Variant F, A300C4–620, A300F4– 605R, A300F4–622R, and A300F4– 608ST airplanes. Model A300C4–620 and A300F4–608ST 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 new or more restrictive airworthiness limitations tasks related to the trimmable horizontal stabilizer actuators (THSA) are necessary. EASA AD 2022–0194 specifies that revised tasks (limitations) in Airbus A300–600 Airworthiness Limitations Section (ALS), Part 4, System Equipment Maintenance Requirements (SEMR) Revision 03, dated August 28, 2017, are required by EASA AD 2017–0202, dated October 12, 2017 (which corresponds to FAA AD 2018–18–21, Amendment 39–19400 (83 FR 47054, September 18, 2018) (AD 2018–18–21)). EASA AD 2022–0194 also specifies that incorporation of EASA AD 2022–0194 invalidates (terminates) prior instructions for the tasks specified in Airbus A300–600 Airworthiness Limitations Section VerDate Sep<11>2014 17:11 Jan 11, 2023 Jkt 259001 (ALS), Part 4, System Equipment Maintenance Requirements (SEMR) Revision 03, Variation 3.1, dated June 30, 2022, only. For this proposed AD, the corresponding action is specified in paragraph (j)(2) of this proposed AD, which states that accomplishing the actions specified in this proposed AD terminates the corresponding requirements of AD 2018–18–21, for the tasks identified in the service information referenced in EASA AD 2022–0194 only. The MCAI also states that EASA AD 2015–0081, dated May 7, 2015 (EASA AD 2015–0081) requires replacement of certain THSA. EASA AD 2015–0081 corresponds to FAA AD 2016–15–01, Amendment 39–18592 (81 FR 47696, July 22, 2016) (AD 2016–15–01). AD 2016–15–01 required inspecting THSA part numbers, serial numbers, and flight cycles on certain THSAs; and repetitive replacement of certain THSAs. The THSA limitation task specified in this proposed AD addresses the actions required by AD 2016–15–01. Paragraph (j)(1) of this proposed AD therefore terminates AD 2016–15–01, for Model A300–600 series airplanes only. The FAA is proposing this AD to address the risks associated with the effects of aging on airplane systems. The unsafe condition, if not addressed, could change system characteristics, leading to an increased potential for failure of certain life-limited parts, and reduced structural integrity or controllability of the airplane. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA– 2022–1660. Related Service Information Under 1 CFR Part 51 The FAA reviewed EASA AD 2022– 0194, which specifies new or more restrictive airworthiness limitations for certain THSAs. This service information 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 the State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI described 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. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 Proposed AD Requirements in This NPRM This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, which are specified in EASA AD 2022–0194 described previously, as incorporated by reference. Any differences with EASA AD 2022–0194 are identified as exceptions in the regulatory text of this proposed AD. This proposed AD would require revisions to certain operator maintenance documents to include new actions (e.g., inspections). Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance (AMOC) according to paragraph (k)(1) 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 2022–0194 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2022–0194 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 2022–0194 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 2022–0194. Service information required by EASA AD 2022–0194 for compliance will be available at regulations.gov by searching for and locating Docket No. FAA–2022– 1660 after the FAA final rule is published. E:\FR\FM\12JAP1.SGM 12JAP1 Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Proposed Rules Airworthiness Limitation ADs Using the New Process The FAA’s process of incorporating by reference MCAI ADs as the primary source of information for compliance with corresponding FAA ADs has been limited to certain MCAI ADs (primarily those with service bulletins as the primary source of information for accomplishing the actions required by the FAA AD). However, the FAA is now expanding the process to include MCAI ADs that require a change to airworthiness limitation documents, such as airworthiness limitation sections. For these ADs that incorporate by reference an MCAI AD that changes airworthiness limitations, the FAA requirements are unchanged. Operators must revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the new airworthiness limitation document. The airworthiness limitations must be followed according to 14 CFR 91.403(c) and 91.409(e). The previous format of the airworthiness limitation ADs included a paragraph that specified that no alternative actions (e.g., inspections) or intervals may be used unless the actions and intervals are approved as an AMOC in accordance with the procedures specified in the AMOC paragraph under ‘‘Additional AD Provisions.’’ This new format includes a ‘‘New Provisions for Alternative Actions and Intervals’’ paragraph that does not specifically refer to AMOCs, but operators may still request an AMOC to use an alternative action or interval. khammond on DSKJM1Z7X2PROD with PROPOSALS Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 128 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 workhours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, the agency estimates the average total cost per operator to be $7,650 (90 work-hours × $85 per work-hour). 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 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 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] Authority for This Rulemaking 2. The FAA amends § 39.13 by adding the following new airworthiness directive: Title 49 of the United States Code specifies the FAA’s authority to issue Airbus SAS: Docket No. FAA–2022–1660; Project Identifier MCAI–2022–01268–T. VerDate Sep<11>2014 17:11 Jan 11, 2023 Jkt 259001 ■ PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 2037 (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by February 27, 2023. (b) Affected ADs This AD affects AD 2016–15–01, Amendment 39–18592 (81 FR 47696, July 22, 2016) (AD 2016–15–01); and AD 2018–18–21, Amendment 39–19400 (83 FR 47054, September 18, 2018) (AD 2018–18–21). (c) Applicability This AD applies to all Airbus SAS Model A300 B4–601, B4–603, B4–620, and B4–622 airplanes, Model A300 B4–605R and B4– 622R airplanes; and Model A300 C4–605R Variant F airplanes; and Model A300 F4– 605R and F4–622R airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks. (e) Unsafe Condition This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address the risks associated with the effects of aging on airplane systems. The unsafe condition, if not addressed, could change system characteristics, leading to an increased potential for failure of certain lifelimited parts, and reduced structural integrity or controllability 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, European Union Aviation Safety Agency (EASA) AD 2022–0194, dated September 23, 2022 (EASA AD 2022–0194). (h) Exceptions to EASA AD 2022–0194 (1) This AD does not adopt the requirements specified in paragraphs (1) and (2) of EASA AD 2022–0194. (2) Paragraph (3) of EASA AD 2022–0194 specifies revising ‘‘the approved AMP’’ within 12 months after its effective date, but this AD requires revising the existing maintenance or inspection program, as applicable, within 90 days after the effective date of this AD. (3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2022–0194 is on or before the applicable ‘‘limitations’’ and ‘‘associated thresholds’’ as incorporated by the requirements of paragraph (3) of EASA AD 2022–0194, or within 90 days after the effective date of this AD, whichever occurs later. (4) This AD does not adopt the provisions specified in paragraph (4) of EASA AD 2022– 0194. (5) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2022–0194. E:\FR\FM\12JAP1.SGM 12JAP1 2038 Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Proposed Rules (i) Provisions for Alternative Actions and Intervals After the existing maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections) and intervals are allowed unless they are approved as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2022–0194. (j) Terminating Actions for AD 2016–15–01 and AD 2018–18–21 (1) Accomplishing the actions required by this AD terminates all requirements of AD 2016–15–01 for Model A300–600 series airplanes only. (2) Accomplishing the actions required by this AD terminates the corresponding requirements of AD 2018–18–21, for the tasks identified in the service information referenced in EASA AD 2022–0194 only. (k) 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 (l) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 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. (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 Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. khammond on DSKJM1Z7X2PROD with PROPOSALS (l) Additional Information For more information about this AD, contact Dan Rodina, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206– 231–3225; email dan.rodina@faa.gov. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference 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 2022–0194, dated September 23, 2022. (ii) [Reserved] (3) For EASA AD 2022–0194, contact EASA, Konrad-Adenauer-Ufer 3, 50668 VerDate Sep<11>2014 17:11 Jan 11, 2023 Jkt 259001 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; 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 that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on December 29, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022–28613 Filed 1–11–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900–AR48 Copayment Exemption for Indian Veterans Department of Veterans Affairs. Proposed rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) proposes to amend its medical regulations to implement a statute exempting Indian and urban Indian veterans from copayment requirements for the receipt of hospital care or medical services, including the initial three urgent care visits in a calendar year, under laws administered by VA. DATES: Comments must be received on or before February 13, 2023. ADDRESSES: Comments must be submitted through www.regulations.gov. Except as provided below, comments received before the close of the comment period will be available at www.regulations.gov for public viewing, inspection, or copying, including any personally identifiable or confidential business information that is included in a comment. We post the comments received before the close of the comment period on the following website as soon as possible after they have been received: https:// www.regulations.gov. VA will not post on Regulations.gov public comments that make threats to individuals or institutions or suggest that the commenter will take actions to harm the individual. VA encourages individuals SUMMARY: PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 not to submit duplicative comments. We will post acceptable comments from multiple unique commenters even if the content is identical or nearly identical to other comments. Any public comment received after the comment period’s closing date is considered late and will not be considered in the final rulemaking. FOR FURTHER INFORMATION CONTACT: Mark Upton, Acting Deputy to the Deputy Under Secretary for Health, Office of the Deputy Under Secretary for Health (10A), 810 Vermont Avenue NW, Washington, DC 20420, 202–461–7459. (This is not a toll-free telephone number.) SUPPLEMENTARY INFORMATION: Pursuant to section 1730A of title 38, United States Code (U.S.C.), catastrophically disabled veterans are exempt from copayment for the receipt of hospital care or medical services under laws administered by VA. On January 5, 2021, the President signed into law the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (the ‘‘Act’’). Public Law 116–315. Section 3002 of the Act amended section 1730A to add a copayment exemption for veterans who are either Indian or urban Indian, as those terms are defined in section 4 of the Indian Health Care Improvement Act. This amendment to section 1730A took effect one year after the date of enactment of the Act (that is, the statutory amendment became effective on January 5, 2022). In accordance with 38 U.S.C. 1730A, this rulemaking is using the terms Indian and urban Indian as provided in 38 U.S.C. 1730A and as defined in 25 U.S.C. 1603(13) and (28). This rulemaking proposes to revise several VA regulations concerning copayment exemptions to be consistent with the amendment made to 38 U.S.C. 1730A by section 3002 of the Act. Definitions of Indian and Urban Indian As explained above, section 3002 of the Act defines Indian and urban Indian based on those terms’ definitions in section 4 of the Indian Health Care Improvement Act for purposes of copayment exemption under 38 U.S.C. 1730A. Section 4 of the Indian Health Care Improvement Act is codified at 25 U.S.C. 1603, and the definitions for Indian and urban Indian are located in paragraphs 13 and 28, respectively, of section 1603. Paragraph 13 of section 1603 defines the term Indians or Indian as any person who is a member of an Indian tribe, as that term is further defined in section 1603(14), except that, for the purpose of 25 U.S.C. 1612 and 1613, such terms E:\FR\FM\12JAP1.SGM 12JAP1

Agencies

[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Proposed Rules]
[Pages 2035-2038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28613]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1660; Project Identifier MCAI-2022-01268-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 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). This proposed AD was prompted 
by a determination that new or more restrictive airworthiness 
limitations are necessary. This proposed AD would require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations, 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-2022-1660; 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 NPRM, 
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-2022-1660.
     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: Dan Rodina, Aerospace Engineer, Large 
Aircraft Section, International Validation Branch, FAA, 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-2022-1660; Project Identifier 
MCAI-2022-01268-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

[[Page 2036]]

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, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone 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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0194, dated September 23, 2022 
(EASA AD 2022-0194) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus A300B4-601, A300B4-603, A300B4-620, 
A300B4-622, A300B4-605R, A300B4-622R, A300C4-605R Variant F, A300C4-
620, A300F4-605R, A300F4-622R, and A300F4-608ST airplanes. Model 
A300C4-620 and A300F4-608ST 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 new or more restrictive airworthiness 
limitations tasks related to the trimmable horizontal stabilizer 
actuators (THSA) are necessary. EASA AD 2022-0194 specifies that 
revised tasks (limitations) in Airbus A300-600 Airworthiness 
Limitations Section (ALS), Part 4, System Equipment Maintenance 
Requirements (SEMR) Revision 03, dated August 28, 2017, are required by 
EASA AD 2017-0202, dated October 12, 2017 (which corresponds to FAA AD 
2018-18-21, Amendment 39-19400 (83 FR 47054, September 18, 2018) (AD 
2018-18-21)). EASA AD 2022-0194 also specifies that incorporation of 
EASA AD 2022-0194 invalidates (terminates) prior instructions for the 
tasks specified in Airbus A300-600 Airworthiness Limitations Section 
(ALS), Part 4, System Equipment Maintenance Requirements (SEMR) 
Revision 03, Variation 3.1, dated June 30, 2022, only. For this 
proposed AD, the corresponding action is specified in paragraph (j)(2) 
of this proposed AD, which states that accomplishing the actions 
specified in this proposed AD terminates the corresponding requirements 
of AD 2018-18-21, for the tasks identified in the service information 
referenced in EASA AD 2022-0194 only.
    The MCAI also states that EASA AD 2015-0081, dated May 7, 2015 
(EASA AD 2015-0081) requires replacement of certain THSA. EASA AD 2015-
0081 corresponds to FAA AD 2016-15-01, Amendment 39-18592 (81 FR 47696, 
July 22, 2016) (AD 2016-15-01). AD 2016-15-01 required inspecting THSA 
part numbers, serial numbers, and flight cycles on certain THSAs; and 
repetitive replacement of certain THSAs. The THSA limitation task 
specified in this proposed AD addresses the actions required by AD 
2016-15-01. Paragraph (j)(1) of this proposed AD therefore terminates 
AD 2016-15-01, for Model A300-600 series airplanes only.
    The FAA is proposing this AD to address the risks associated with 
the effects of aging on airplane systems. The unsafe condition, if not 
addressed, could change system characteristics, leading to an increased 
potential for failure of certain life-limited parts, and reduced 
structural integrity or controllability of the airplane. You may 
examine the MCAI in the AD docket at regulations.gov under Docket No. 
FAA-2022-1660.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0194, which specifies new or more 
restrictive airworthiness limitations for certain THSAs. This service 
information 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 the State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
described 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 revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, which are specified in EASA AD 
2022-0194 described previously, as incorporated by reference. Any 
differences with EASA AD 2022-0194 are identified as exceptions in the 
regulatory text of this proposed AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance (AMOC) according to 
paragraph (k)(1) 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 2022-0194 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0194 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 2022-0194 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-
0194. Service information required by EASA AD 2022-0194 for compliance 
will be available at regulations.gov by searching for and locating 
Docket No. FAA-2022-1660 after the FAA final rule is published.

[[Page 2037]]

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections) or intervals may be used unless the actions and intervals 
are approved as an AMOC in accordance with the procedures specified in 
the AMOC paragraph under ``Additional AD Provisions.'' This new format 
includes a ``New Provisions for Alternative Actions and Intervals'' 
paragraph that does not specifically refer to AMOCs, but operators may 
still request an AMOC to use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 128 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate. Therefore, the agency estimates the average total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

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 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 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-2022-1660; Project Identifier MCAI-2022-
01268-T.

(a) Comments Due Date

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

(b) Affected ADs

    This AD affects AD 2016-15-01, Amendment 39-18592 (81 FR 47696, 
July 22, 2016) (AD 2016-15-01); and AD 2018-18-21, Amendment 39-
19400 (83 FR 47054, September 18, 2018) (AD 2018-18-21).

(c) Applicability

    This AD applies to all Airbus SAS Model A300 B4-601, B4-603, B4-
620, and B4-622 airplanes, Model A300 B4-605R and B4-622R airplanes; 
and Model A300 C4-605R Variant F airplanes; and Model A300 F4-605R 
and F4-622R airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address the risks associated with the effects of 
aging on airplane systems. The unsafe condition, if not addressed, 
could change system characteristics, leading to an increased 
potential for failure of certain life-limited parts, and reduced 
structural integrity or controllability 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, European Union Aviation Safety Agency (EASA) AD 
2022-0194, dated September 23, 2022 (EASA AD 2022-0194).

(h) Exceptions to EASA AD 2022-0194

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2022-0194.
    (2) Paragraph (3) of EASA AD 2022-0194 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2022-0194 is on or before the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2022-0194, or within 90 
days after the effective date of this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in paragraph 
(4) of EASA AD 2022-0194.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0194.

[[Page 2038]]

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2022-0194.

(j) Terminating Actions for AD 2016-15-01 and AD 2018-18-21

    (1) Accomplishing the actions required by this AD terminates all 
requirements of AD 2016-15-01 for Model A300-600 series airplanes 
only.
    (2) Accomplishing the actions required by this AD terminates the 
corresponding requirements of AD 2018-18-21, for the tasks 
identified in the service information referenced in EASA AD 2022-
0194 only.

(k) 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 (l) 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 local flight standards district office/
certificate holding district 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; or Airbus SAS's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(l) Additional Information

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

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2022-0194, 
dated September 23, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0194, 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 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 December 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-28613 Filed 1-11-23; 8:45 am]
BILLING CODE 4910-13-P
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