Airworthiness Directives; Airbus SAS Airplanes, 35785-35788 [2023-11591]
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Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Proposed Rules
Requirements Bulletin 757–53A0121 RB,
dated September 28, 2022, do all applicable
actions identified in, and in accordance with,
the Accomplishment Instructions of Boeing
Alert Requirements Bulletin 757–53A0121
RB, dated September 28, 2022.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 757–53A0121, dated September 28,
2022, which is referred to in Boeing Alert
Requirements Bulletin 757–53A0121 RB,
dated September 28, 2022.
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(h) Exceptions to Service Information
Specifications
(1) Where the Compliance Time columns
of the tables in the ‘‘Compliance’’ paragraph
of Boeing Alert Requirements Bulletin 757–
53A0121 RB, dated September 28, 2022, use
the phrase ‘‘the original issue date of
Requirements Bulletin 757–53A0121 RB,’’
this AD requires using ‘‘the effective date of
this AD.’’
(2) Where Boeing Alert Requirements
Bulletin 757–53A0121 RB, dated September
28, 2022, specifies contacting Boeing for
repair instructions or for alternative
inspections: This AD requires doing the
repair, or doing the alternative inspections
and applicable on-condition actions using a
method approved in accordance with the
procedures specified in paragraph (i) of this
AD.
(3) For airplanes with Aviation Partners
Boeing (APB) blended or scimitar blended
winglets installed in accordance with
Supplemental Type Certificate (STC)
ST01518SE: This AD requires dividing the
applicable compliance times and repeat
intervals specified in in the ‘‘Compliance’’
paragraph of Boeing Alert Requirements
Bulletin 757–53A0121 RB, dated September
28, 2022, by a factor of two.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Continued Operational
Safety 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 certification office,
send it to the attention of the person
identified in paragraph (j) of this AD.
Information may be emailed to: 9-ANMSACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Continued Operational Safety
Branch, FAA, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
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(j) Related Information
For more information about this AD,
contact Wayne Ha, Aviation Safety Engineer,
Continued Operational Safety Branch, FAA,
2200 South 216th Street, Des Moines, WA
98198; phone: 562–627–5238; email:
wayne.ha@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 the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin
757–53A0121 RB, dated September 28, 2022.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster
Boulevard, MC 110–SK57, Seal Beach, CA
90740–5600; telephone 562–797–1717;
website: myboeingfleet.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
Street, Des Moines, WA. For information on
the availability of this material at the FAA,
call 206–231–3195.
(5) You may view this 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,
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on May 11, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–11584 Filed 5–31–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1056; Project
Identifier MCAI–2023–00179–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
certain Airbus SAS Model A350–941
and A350–1041 airplanes. This
proposed AD was prompted by reports
that excessively deep spot faces on the
SUMMARY:
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35785
front engine mounting bolt holes on the
wing pylon were detected on the
production line. This proposed AD
would require a one-time inspection for
clash (interference) of the three front
engine mounting bolt holes on both the
left and right wing pylons, and,
depending on findings, accomplishment
of applicable corrective actions, 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 July 17, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1056; 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–
2023–1056.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th Street, Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195.
FOR FURTHER INFORMATION CONTACT: Dat
Le, Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516–228–7317;
email dat.v.le@faa.gov.
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Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Proposed Rules
SUPPLEMENTARY INFORMATION:
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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–2023–1056; Project Identifier
MCAI–2023–00179–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 Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; telephone 516–228–7317; email
dat.v.le@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 2023–0026,
dated January 30, 2023 (EASA AD
2023–0026) (also referred to as the
MCAI), to correct an unsafe condition
for certain Airbus SAS Model A350–941
and A350–1041 airplanes. The MCAI
states that excessively deep spot faces
have been detected on the production
line on rib 1 at the level of the front
engine mount bolting. This could cause
possible integration issues between the
pylon and the front engine mount,
which could lead to interference
damage. This condition, if not detected
and corrected, could lead to a reduced
fatigue life, which could adversely affect
the structural integrity of the airplane.
The FAA is proposing this AD to
address the unsafe condition on these
products. You may examine the MCAI
in the AD docket at regulations.gov
under Docket No. FAA–2023–1056.
Related Service Information Under 1
CFR Part 51
EASA AD 2023–0026 specifies
procedures for a one-time inspection for
clash of the three pylon bolt holes at rib
1 (forward engine attachment on pylon),
on both the left and right wing pylons,
and applicable corrective actions.
Corrective actions include installing the
post-mod retention bracket assembly;
accomplishing a detailed inspection and
a high frequency eddy current (HFEC)
inspection or a penetrant inspection on
rib 1 for damage (cracks, scratches, or
erosion of the protective coating);
measuring the spot face depth and
pylon thickness and obtaining and
following instructions if incorrect spot
face depth or pylon thickness at the spot
face are found; and repair. This material
is reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in ADDRESSES
section.
FAA’s Determination
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with 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
designs.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2023–0026 described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate EASA AD 2023–0026 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2023–0026
in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
EASA AD 2023–0026 does not mean
that operators need comply only with
that section. For example, where the AD
requirement refers to ‘‘all required
actions and compliance times,’’
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in EASA AD 2023–0026.
Service information required by EASA
AD 2023–0026 for compliance will be
available at regulations.gov under
Docket No. FAA–2023–1056 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 31
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
56 work-hours × $85 per hour = $4,760 .....................................................................................
$0
$4,760
$147,560
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Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Proposed Rules
The FAA estimates the following
costs to do any necessary on-condition
action that would be required based on
the results of any required actions. The
FAA has no way of determining the
35787
number of aircraft that might need this
on-condition action:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per
product
10 work-hours × $85 per hour = $850 ....................................................................................................................
$10
$860
The FAA has received no definitive
data on which to base the cost estimates
for the on-condition repairs specified in
this proposed AD.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
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Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
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–2023–1056;
Project Identifier MCAI–2023–00179–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by July 17, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A350–941 and A350–1041 airplanes,
certificated in any category, as identified in
European Union Aviation Safety Agency
(EASA) AD 2023–0026, dated January 30,
2023 (EASA AD 2023–0026).
(d) Subject
Air Transport Association (ATA) of
America Code: 54, Nacelles/pylons.
(e) Unsafe Condition
This AD was prompted by reports that
excessively deep spot faces on the front
engine mounting bolt holes on the wing
pylon were detected on the production line.
The FAA is issuing this AD to address
potential integration issues between the
pylon and the front engine mount, which
could lead to interference damage. The
unsafe condition, if not addressed, could
result in reduced fatigue life, which could
adversely affect the structural integrity of the
airplane.
List of Subjects in 14 CFR Part 39
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
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compliance times specified in, and in
accordance with, EASA AD 2023–0026.
(h) Exceptions to EASA AD 2023–0026
(1) Where EASA AD 2023–0026 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where the applicability of EASA AD
2023–0026 refers to serial numbers, replace
the text ‘‘the SBs, as defined in this AD’’ with
‘‘Airbus Service Bulletin A350–54–P006,
Revision 1, dated December 20, 2022; and
Airbus Service Bulletin A350–54–P008,
dated December 20, 2022.’’
(3) Where paragraph (2) of EASA AD 2023–
0026 refers to ‘‘discrepancies,’’ for this AD
discrepancies are any clash (interference)
between the lockplate support and rib 1 or
between the pylon bolt and the engine
mount; damage (cracks, scratches, or erosion
of the protective coating); and incorrect spot
face depth or pylon thickness at the spot face.
(4) Where paragraph (2) of EASA AD 2023–
0026 specifies to ‘‘contact Airbus for
approved instructions for corrective action
and accomplish those instructions
accordingly’’ if discrepancies are detected;
for this AD if any cracking is detected, the
cracking must be repaired before further
flight using a method approved by the
Manager, International Validation Branch,
FAA; or EASA; or Airbus SAS’s EASA
Design Organization Approval (DOA). If
approved by the DOA, the approval must
include the DOA-authorized signature.’’
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0026.
(6) Where the service information
referenced in EASA AD 2023–0026 specifies
to report inspection results or findings, this
AD requires submitting information only if
damage (cracks) or incorrect spot face depth
or pylon thickness at the spot face are found
during any inspection required by EASA AD
2023–0026. Operators are required to submit
certain information as part of obtaining any
corrective actions approved by Airbus SAS’s
European Aviation Safety Agency (EASA)
Design Organization Approval (DOA).
(i) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the International Validation Branch, send
it to the attention of the person identified in
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Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Proposed Rules
paragraph (j) 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 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 contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(j) Additional Information
For more information about this AD,
contact Dat Le, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–228–
7317; email dat.v.le@faa.gov.
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(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 2023–0026, dated January 30,
2023.
(ii) [Reserved]
(3) For EASA AD 2023–0026, 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: ad.easa.europa.eu.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
Street, Des Moines, WA. For information on
the availability of this material at the FAA,
call 206–231–3195.
(5) You may view this 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.
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Issued on May 25, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–11591 Filed 5–31–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1047; Project
Identifier MCAI–2022–01601–T]
RIN 2120–AA64
Airworthiness Directives; De Havilland
Aircraft of Canada Limited (Type
Certificate Previously Held by
Bombardier, Inc.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain De Havilland Aircraft of Canada
Limited Model DHC–8–401 and –402
airplanes. This proposed AD was
prompted by reports of the main landing
gear (MLG) aft door not opening when
using the alternate extension system.
This proposed AD would require a onetime inspection of the spring box
assembly, repetitive inspections of the
cam assembly and alternate release
cable assembly, corrective actions if
necessary, and a replacement of certain
alternate release cable assemblies. In
addition, this proposed AD would also
require certain aircraft maintenance
manuals tasks when installing the cam
assembly or alternate release cable
assembly. This proposed AD would also
prohibit the installation of affected
parts. 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 July 17, 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
DATES:
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p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1047; 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 service information identified
in this NPRM, contact De Havilland
Aircraft of Canada Limited, Dash 8
Series Customer Response Centre, 5800
Explorer Drive, Mississauga, Ontario,
L4W 5K9, Canada; telephone North
America (toll-free): 855–310–1013,
Direct: 647–277–5820; email: thd@
dehavilland.com; website:
dehavilland.com.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th Street, Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195.
FOR FURTHER INFORMATION CONTACT:
Gabriel Kim, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@
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–2023–1047; Project Identifier
MCAI–2022–01601–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.
E:\FR\FM\01JNP1.SGM
01JNP1
]]>Agencies
[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Proposed Rules]
[Pages 35785-35788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11591]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1056; Project Identifier MCAI-2023-00179-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 certain Airbus SAS Model A350-941 and A350-1041 airplanes. This
proposed AD was prompted by reports that excessively deep spot faces on
the front engine mounting bolt holes on the wing pylon were detected on
the production line. This proposed AD would require a one-time
inspection for clash (interference) of the three front engine mounting
bolt holes on both the left and right wing pylons, and, depending on
findings, accomplishment of applicable corrective actions, 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 July 17,
2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1056; 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-2023-1056.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7317; email [email protected].
[[Page 35786]]
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-2023-1056; Project Identifier
MCAI-2023-00179-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 Dat
Le, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7317; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0026, dated January 30, 2023
(EASA AD 2023-0026) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A350-941 and A350-1041
airplanes. The MCAI states that excessively deep spot faces have been
detected on the production line on rib 1 at the level of the front
engine mount bolting. This could cause possible integration issues
between the pylon and the front engine mount, which could lead to
interference damage. This condition, if not detected and corrected,
could lead to a reduced fatigue life, which could adversely affect the
structural integrity of the airplane.
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2023-1056.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0026 specifies procedures for a one-time inspection
for clash of the three pylon bolt holes at rib 1 (forward engine
attachment on pylon), on both the left and right wing pylons, and
applicable corrective actions. Corrective actions include installing
the post-mod retention bracket assembly; accomplishing a detailed
inspection and a high frequency eddy current (HFEC) inspection or a
penetrant inspection on rib 1 for damage (cracks, scratches, or erosion
of the protective coating); measuring the spot face depth and pylon
thickness and obtaining and following instructions if incorrect spot
face depth or pylon thickness at the spot face are found; and repair.
This material is reasonably available because the interested parties
have access to it through their normal course of business or by the
means identified in ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with 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 designs.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0026 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0026 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0026 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2023-0026 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0026. Service information required by EASA AD 2023-0026 for compliance
will be available at regulations.gov under Docket No. FAA-2023-1056
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 31 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
56 work-hours x $85 per hour = $4,760........................ $0 $4,760 $147,560
----------------------------------------------------------------------------------------------------------------
[[Page 35787]]
The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
10 work-hours x $85 per hour = $850... $10 $860
------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Airbus SAS: Docket No. FAA-2023-1056; Project Identifier MCAI-2023-
00179-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by July 17, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and A350-1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2023-0026, dated January 30,
2023 (EASA AD 2023-0026).
(d) Subject
Air Transport Association (ATA) of America Code: 54, Nacelles/
pylons.
(e) Unsafe Condition
This AD was prompted by reports that excessively deep spot faces
on the front engine mounting bolt holes on the wing pylon were
detected on the production line. The FAA is issuing this AD to
address potential integration issues between the pylon and the front
engine mount, which could lead to interference damage. The unsafe
condition, if not addressed, could result in reduced fatigue life,
which could adversely affect the structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0026.
(h) Exceptions to EASA AD 2023-0026
(1) Where EASA AD 2023-0026 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where the applicability of EASA AD 2023-0026 refers to
serial numbers, replace the text ``the SBs, as defined in this AD''
with ``Airbus Service Bulletin A350-54-P006, Revision 1, dated
December 20, 2022; and Airbus Service Bulletin A350-54-P008, dated
December 20, 2022.''
(3) Where paragraph (2) of EASA AD 2023-0026 refers to
``discrepancies,'' for this AD discrepancies are any clash
(interference) between the lockplate support and rib 1 or between
the pylon bolt and the engine mount; damage (cracks, scratches, or
erosion of the protective coating); and incorrect spot face depth or
pylon thickness at the spot face.
(4) Where paragraph (2) of EASA AD 2023-0026 specifies to
``contact Airbus for approved instructions for corrective action and
accomplish those instructions accordingly'' if discrepancies are
detected; for this AD if any cracking is detected, the cracking must
be repaired before further flight using a method approved by the
Manager, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.''
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0026.
(6) Where the service information referenced in EASA AD 2023-
0026 specifies to report inspection results or findings, this AD
requires submitting information only if damage (cracks) or incorrect
spot face depth or pylon thickness at the spot face are found during
any inspection required by EASA AD 2023-0026. Operators are required
to submit certain information as part of obtaining any corrective
actions approved by Airbus SAS's European Aviation Safety Agency
(EASA) Design Organization Approval (DOA).
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in
[[Page 35788]]
paragraph (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; 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 contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(j) Additional Information
For more information about this AD, contact Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7317; email [email protected].
(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 2023-0026,
dated January 30, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0026, 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: ad.easa.europa.eu.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195.
(5) You may view this 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 May 25, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-11591 Filed 5-31-23; 8:45 am]
BILLING CODE 4910-13-P
