Airworthiness Directives; Airbus SAS Airplanes, 11827-11830 [2023-03624]

Download as PDF Federal Register / Vol. 88, No. 37 / Friday, February 24, 2023 / Proposed Rules (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] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ Bombardier, Inc.: Docket No. FAA–2023– 0170; Project Identifier MCAI–2022– 00974–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by April 10, 2023. (b) Affected ADs None. (c) Applicability This AD applies to Bombardier, Inc., Model BD–700–2A12 airplanes, certificated in any category, serial numbers 70032, 70047 through 70056 inclusive, 70058 through 70061 inclusive, and 70063 through 70075 inclusive. ddrumheller on DSK120RN23PROD with PROPOSALS1 (d) Subject Air Transport Association (ATA) of America Code 36, Pneumatic. (e) Unsafe Condition This AD was prompted by a report that certain environmental control system (ECS) pre-cooler clamp assemblies may not conform to specifications. The FAA is issuing this AD to address possible excessive leakage caused by clamp failure. The unsafe condition, if not addressed, could result in increased operating temperatures in climatecontrolled zones, or, in combination with other failures, a complete loss of the ECS. (f) Compliance Comply with this AD within the compliance times specified, unless already done. VerDate Sep<11>2014 17:29 Feb 23, 2023 Jkt 259001 (g) Required Actions Within 36 months after the effective date of this AD: Identify and replace, as applicable, the ECS pre-cooler clamps in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 700–36–7504, dated June 27, 2022. (h) No Reporting Requirement Although Bombardier Service Bulletin 700–36–7504, dated June 27, 2022, specifies to submit certain information to the manufacturer or discard affected clamps, this AD does not include that requirement. (i) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO 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 New York ACO Branch, mail it to ATTN: Program Manager, Continuing Operational Safety, at the address identified in paragraph (j)(2) of this AD or email to: 9-avs-nyaco-cos@faa.gov. If mailing information, also submit information by email. 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, New York ACO Branch, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.’s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (j) Additional Information (1) Refer to Transport Canada AD CF– 2022–39, dated July 18, 2022, for related information. This Transport Canada AD may be found in the AD docket at regulations.gov under Docket No. FAA–2023–0170. (2) For more information about this AD, contact Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; email 9-avs-nyaco-cos@ 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) Bombardier Service Bulletin 700–36– 7504, dated June 27, 2022. (ii) [Reserved] (3) For service information identified in this AD, contact Bombardier Business PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 11827 Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9, Canada; telephone 514–855–2999; email ac.yul@aero.bombardier.com; website bombardier.com. (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: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on February 15, 2023. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–03623 Filed 2–23–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–0171; Project Identifier MCAI–2022–01266–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. SUMMARY: The FAA must receive comments on this proposed AD by April 10, 2023. ADDRESSES: You may send comments, using the procedures found in 14 CFR DATES: E:\FR\FM\24FEP1.SGM 24FEP1 11828 Federal Register / Vol. 88, No. 37 / Friday, February 24, 2023 / Proposed Rules 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–0171; 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– 2023–0171. • 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 Street, Des Moines, WA 98198; telephone 206–231–3225; email dan.rodina@faa.gov. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with PROPOSALS1 Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2023–0171; Project Identifier MCAI–2022–01266–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 VerDate Sep<11>2014 17:29 Feb 23, 2023 Jkt 259001 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, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th Street, 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 2022–0192, dated September 23, 2022 (EASA AD 2022–0192) (also referred to as the MCAI), to correct an unsafe condition for all Airbus SAS Model A300B4–601, A300B4–603, A300B4–620, A300B4– 622, A300B4–605R, A300B4–622R, A300C4–605R Variant F, A300C4–620, A300F4–605R, and A300F4–622R airplanes. Model A300 C4–620 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 new or more restrictive airworthiness limitations have been developed. EASA AD 2022–0192 specifies that it requires certain tasks (limitations) already in Airbus A300–600 ALS Part 2 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 DT–ALI, Revision 03, that is required by EASA AD 2019–0090, dated April 26, 2019 (which corresponds to FAA AD 2019–21–01, Amendment 39–19767 (84 FR 56935, October 24, 2019) (AD 2019– 21–01)), and that incorporation of EASA AD 2022–0192 invalidates (terminates) prior instructions for those tasks. This proposed AD would therefore terminate the limitations required by paragraph (g) of AD 2019–21–01, for the tasks identified in the service information referred to in EASA AD 2022–0192 only. The FAA is proposing this AD to address fatigue cracking, damage, or corrosion in principal structural elements, which could result in reduced structural integrity of the airplane. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–0171. Related Service Information Under 1 CFR Part 51 The FAA reviewed EASA AD 2022– 0192, which specifies new or more restrictive airworthiness limitations for airplane structures and safe life limits. 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 2022–0192 described previously, as incorporated by reference. Any differences with EASA AD 2022–0192 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 E:\FR\FM\24FEP1.SGM 24FEP1 Federal Register / Vol. 88, No. 37 / Friday, February 24, 2023 / Proposed Rules 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. ddrumheller on DSK120RN23PROD with PROPOSALS1 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 2022–0192 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2022–0192 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 2022–0192 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 2022–0192. Service information required by EASA AD 2022–0192 for compliance will be available at regulations.gov by searching for and locating Docket No. FAA–2023– 0171 after the FAA final rule is published. 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 VerDate Sep<11>2014 17:29 Feb 23, 2023 Jkt 259001 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 AMOCs 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 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). 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. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 11829 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] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ Airbus SAS: Docket No. FAA–2023–0171; Project Identifier MCAI–2022–01266–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by April 10, 2023. (b) Affected ADs This AD affects AD 2019–21–01, Amendment 39–19767 (84 FR 56935, October 24, 2019) (AD 2019–21–01). (c) Applicability This AD applies to all Airbus SAS airplanes identified in paragraphs (c)(1) through (4) of this AD, certificated in any category. (1) Model A300 B4–601, B4–603, B4–620, and B4–622 airplanes. (2) Model A300 B4–605R and B4–622R airplanes. (3) Model A300 F4–605R and F4–622R airplanes. (4) Model A300 C4–605R Variant F airplanes. E:\FR\FM\24FEP1.SGM 24FEP1 11830 Federal Register / Vol. 88, No. 37 / Friday, February 24, 2023 / Proposed Rules (d) Subject Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks. (e) Unsafe Condition This AD prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address fatigue cracking, damage, or corrosion in principal structural elements, which could result in reduced 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, European Union Aviation Safety Agency (EASA) AD 2022–0192, dated September 23, 2022 (EASA AD 2022–0192). (h) Exceptions to EASA AD 2022–0192 (1) This AD does not adopt the requirements specified in paragraphs (1) and (2) of EASA AD 2022–0192. (2) Paragraph (3) of EASA AD 2022–0192 specifies revising ‘‘the 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 2022–0192 is at the applicable ‘‘associated thresholds’’ as incorporated by the requirements of paragraph (3) of EASA AD 2022–0192, 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– 0192. (5) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2022–0192. ddrumheller on DSK120RN23PROD with PROPOSALS1 (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 no alternative actions (e.g., inspections) or intervals are allowed unless they are approved as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2022–0192. (j) Terminating Action for AD 2019–21–01 Accomplishing the actions required by this AD terminates the corresponding requirements of AD 2019–21–01 for the tasks identified in the service information referred to in EASA AD 2022–0192 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. VerDate Sep<11>2014 17:29 Feb 23, 2023 Jkt 259001 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. (l) Additional Information For more information about this AD, contact Dan Rodina, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th Street, 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 (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 2022–0192, dated September 23, 2022. (ii) [Reserved] (3) For EASA AD 2022–0192, 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: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on February 15, 2023. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–03624 Filed 2–23–23; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1163; Project Identifier MCAI–2022–00571–T] RIN 2120–AA64 Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yabora˜ Indu´stria Aerona´utica S.A.; Embraer S.A.) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (SNPRM). AGENCY: The FAA is revising a notice of proposed rulemaking (NPRM) that would have applied to certain Embraer S.A. Model ERJ 170 airplanes. This action revises the NPRM by adding airplanes to the applicability. The FAA is proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, the FAA is requesting comments on this SNPRM. DATES: The FAA must receive comments on this SNPRM by April 10, 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–2022–1163; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, this SNPRM, 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 incorporation by reference in this SNPRM, contact National Civil Aviation Agency (ANAC), Aeronautical Products Certification Branch (GGCP), Rua Dr. SUMMARY: E:\FR\FM\24FEP1.SGM 24FEP1

Agencies

[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Proposed Rules]
[Pages 11827-11830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03624]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0171; Project Identifier MCAI-2022-01266-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 April 10, 
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR

[[Page 11828]]

11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0171; 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-2023-0171.
     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 Street, Des Moines, WA 98198; telephone 206-231-3225; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-0171; Project Identifier 
MCAI-2022-01266-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, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th Street, 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 2022-0192, dated September 23, 2022 
(EASA AD 2022-0192) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A300B4-601, A300B4-603, 
A300B4-620, A300B4-622, A300B4-605R, A300B4-622R, A300C4-605R Variant 
F, A300C4-620, A300F4-605R, and A300F4-622R airplanes. Model A300 C4-
620 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 new 
or more restrictive airworthiness limitations have been developed.
    EASA AD 2022-0192 specifies that it requires certain tasks 
(limitations) already in Airbus A300-600 ALS Part 2 DT-ALI, Revision 
03, that is required by EASA AD 2019-0090, dated April 26, 2019 (which 
corresponds to FAA AD 2019-21-01, Amendment 39-19767 (84 FR 56935, 
October 24, 2019) (AD 2019-21-01)), and that incorporation of EASA AD 
2022-0192 invalidates (terminates) prior instructions for those tasks. 
This proposed AD would therefore terminate the limitations required by 
paragraph (g) of AD 2019-21-01, for the tasks identified in the service 
information referred to in EASA AD 2022-0192 only.
    The FAA is proposing this AD to address fatigue cracking, damage, 
or corrosion in principal structural elements, which could result in 
reduced structural integrity of the airplane. You may examine the MCAI 
in the AD docket at regulations.gov under Docket No. FAA-2023-0171.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0192, which specifies new or more 
restrictive airworthiness limitations for airplane structures and safe 
life limits.
    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 
2022-0192 described previously, as incorporated by reference. Any 
differences with EASA AD 2022-0192 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

[[Page 11829]]

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 2022-0192 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0192 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 2022-0192 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-
0192. Service information required by EASA AD 2022-0192 for compliance 
will be available at regulations.gov by searching for and locating 
Docket No. FAA-2023-0171 after the FAA final rule is published.

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 AMOCs 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-2023-0171; Project Identifier MCAI-2022-
01266-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by April 10, 2023.

(b) Affected ADs

    This AD affects AD 2019-21-01, Amendment 39-19767 (84 FR 56935, 
October 24, 2019) (AD 2019-21-01).

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category.
    (1) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
    (2) Model A300 B4-605R and B4-622R airplanes.
    (3) Model A300 F4-605R and F4-622R airplanes.
    (4) Model A300 C4-605R Variant F airplanes.

[[Page 11830]]

(d) Subject

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

(e) Unsafe Condition

    This AD prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. The FAA is issuing this AD 
to address fatigue cracking, damage, or corrosion in principal 
structural elements, which could result in reduced 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, European Union Aviation Safety Agency (EASA) AD 
2022-0192, dated September 23, 2022 (EASA AD 2022-0192).

(h) Exceptions to EASA AD 2022-0192

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2022-0192.
    (2) Paragraph (3) of EASA AD 2022-0192 specifies revising ``the 
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 2022-0192 is at the applicable ``associated 
thresholds'' as incorporated by the requirements of paragraph (3) of 
EASA AD 2022-0192, 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 2022-0192.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0192.

 (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 no 
alternative actions (e.g., inspections) or intervals are allowed 
unless they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2022-0192.

 (j) Terminating Action for AD 2019-21-01

    Accomplishing the actions required by this AD terminates the 
corresponding requirements of AD 2019-21-01 for the tasks identified 
in the service information referred to in EASA AD 2022-0192 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 Street, 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 (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 2022-0192, 
dated September 23, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0192, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 15, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-03624 Filed 2-23-23; 8:45 am]
BILLING CODE 4910-13-P
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