Airworthiness Directives; Airbus SAS Airplanes, 45112-45115 [2023-14851]
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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Proposed Rules
specified in paragraph (1) of European Union
Aviation Safety Agency (EASA) AD 2022–
0083, dated May 11, 2022 (EASA AD 2022–
0083).
(2) The owner/operator (pilot) holding at
least a private pilot certificate may perform
the action required by paragraph (g)(1) of this
AD for your engine and must enter
compliance with the applicable paragraphs of
this AD into the engine maintenance records
in accordance with 14 CFR 43.9(a) and
91.417(a)(2)(v). The record must be
maintained as required by 14 CFR 91.417,
121.380, or 135.439.
(h) Provisions for Alternative Actions and
Intervals
After the actions required by paragraph (g)
of this AD have been done, no alternative
actions and associated thresholds and
intervals, including life limits, are allowed
unless they are approved as specified in the
provisions of the ‘‘Ref Publication’’ section of
EASA AD 2022–0083.
(i) 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 local
Flight Standards District 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 and
email to: ANE-AD-AMOC@faa.gov.
(2) 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.
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(j) Additional Information
For more information about this AD,
contact Kevin Clark, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (781) 238–
7088; email: kevin.m.clark@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) European Union Aviation Safety Agency
AD 2022–0083, dated May 11, 2022.
(ii) [Reserved]
(3) For EASA AD 2022–0083, contact
EASA, KonradAdenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu. You may find
this material 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, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (817) 222–5110.
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16:53 Jul 13, 2023
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(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 July 6, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–14843 Filed 7–13–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1414; Project
Identifier MCAI–2023–00438–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
airplanes. This proposed AD was
prompted by a report the axis index
washers on the forward and rear main
landing gear door hinges were found
inverted in production. This proposed
AD would require a one-time detailed
inspection of the axis index washers for
correct installation, and, depending on
findings, replacement of the axis index
washers, 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 August 28,
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
SUMMARY:
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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–2023–1414; 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:
ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA–
2023–1414.
• 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.
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–2023–1414; Project Identifier
MCAI–2023–00438–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
E:\FR\FM\14JYP1.SGM
14JYP1
Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Proposed Rules
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.
MLGD during flight, and consequent
injury to persons on the ground.
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–2023–1414.
Related Service Information Under 1
CFR Part 51
EASA AD 2023–0051 specifies
procedures for a one-time detailed
inspection of the MLGD forward and
rear hinges for incorrectly installed axis
index washers and, depending on
findings, replacement of the axis index
washers.
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 this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2023–0051,
dated March 10, 2023 (EASA AD 2023–
0051) (also referred to as the MCAI), to
correct an unsafe condition for certain
Airbus SAS Model A350–941 airplanes.
The MCAI states that the forward (#1)
and rear (#3) main landing gear door
(MLGD) hinge axis index washers were
found inverted in production (index
washer for forward fitting installed at
rear fitting and vice versa). This
condition, if not detected and corrected,
could lead to reduced structural
integrity of the MLGD hinge fittings,
possibly resulting in the loss of an
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2023–0051 described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
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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 2023–0051 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2023–0051
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 2023–0051 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 2023–0051.
Service information required by EASA
AD 2023–0051 for compliance will be
available at regulations.gov under
Docket No. FAA–2023–1414 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 23
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
2.25 work-hours × $85 per hour = $192 .....................................................................................
$0
$192
$4,416
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 data to determine the
number of airplanes that might need
this on-condition action:
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ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
8.25 work-hours × $85 per hour = $702 ......................................................................
$10 per door .............................................
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Cost per
product
$712
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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Proposed Rules
§ 39.13
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.
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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.
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[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Airbus SAS: Docket No. FAA–2023–1414;
Project Identifier MCAI–2023–00438–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by August 28,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A350–941 airplanes, certificated in any
category, as identified in European Union
Aviation Safety Agency (EASA) AD 2023–
0051, dated March 10, 2023 (EASA AD 2023–
0051).
(d) Subject
Air Transport Association (ATA) of
America Code: 52, Doors.
(e) Unsafe Condition
This AD was prompted by a report the axis
index washers on the forward and rear main
landing gear door (MLGD) hinges were found
inverted in production. The FAA is issuing
this AD to address incorrectly installed
washers. The unsafe condition, if not
addressed, could result in reduced structural
integrity of the MLGD hinge fittings, possibly
resulting in a loss of an MLGD during flight,
and consequent injury to persons on the
ground.
(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 2023–0051.
(h) Exceptions to EASA AD 2023–0051
(1) Where the applicability and Groups
definitions of EASA AD 2023–0051 refer to
serial numbers, replace the text ‘‘the SB’’
with ‘‘Airbus Service Bulletin A350–52–
P048, dated November 24, 2022.’’
(2) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0051.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2023–0051 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
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Sfmt 4702
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 (k) 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 (j)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(k) 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.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0051, dated March 10,
2023.
(ii) [Reserved]
(3) For EASA AD 2023–0051, 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:
E:\FR\FM\14JYP1.SGM
14JYP1
Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Proposed Rules
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on July 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–14851 Filed 7–13–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1492; Project
Identifier MCAI–2023–00195–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
supersede Airworthiness Directive (AD)
2022–18–09, which applies to certain
Airbus SAS Model A319–111, –112,
–113, –114, –115, –131, –132, and –133;
A320–211, –212, –214, –216, –231,
–232, –233, –251N, and –271N; and
A321–111, –112, –131, –211, –212,
–213, –231, –232, –251N, and –253N
airplanes. AD 2022–18–09 continues to
require the actions in AD 2019–26–01
and AD 2021–23–15, and adds airplanes
to the applicability. Since the FAA
issued AD 2022–18–09, it was
determined that additional airplanes
and galleys are subject to the unsafe
condition, and a compliance time for
certain airplanes should be extended.
This proposed AD would continue to
require the actions in AD 2022–18–09
and would require expanding the
applicability, obtaining and following
additional instructions for certain
modified airplanes, and extending the
compliance time for certain airplanes, 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 August 28,
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.
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SUMMARY:
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Jkt 259001
• 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–2023–1492; 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 the AD identified in this NPRM,
you may contact EASA, KonradAdenauer-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–
2023–1492.
• 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:
Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590;
telephone 206–231–3667; email
timothy.p.dowling@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–2023–1492; Project Identifier
MCAI–2023–00195–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
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45115
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 Timothy Dowling,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 206–231–3667;
email timothy.p.dowling@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
The FAA issued AD 2022–18–09,
Amendment 39–22160 (87 FR 56576,
September 15, 2022) (AD 2022–18–09),
for certain Airbus SAS Model A319–
111, –112, –113, –114, –115, –131, –132,
and –133; A320–211, –212, –214, –216,
–231, –232, –233, –251N, and –271N,
and A321–111, –112, –131, –211, –212,
–213, –231, –232, –251N, and –253N
airplanes. AD 2022–18–09 was
prompted by an MCAI originated by
EASA, which is the Technical Agent for
the Member States of the European
Union. EASA issued AD 2022–0026,
dated February 16, 2022, to correct an
unsafe condition.
AD 2022–18–09 continues to require
the actions that were required by AD
2019–26–11, Amendment 39–21022 (85
FR 6755, February 6, 2020) (AD 2019–
26–11) and AD 2021–23–15,
Amendment 39–21813 (86 FR 68894,
December 6, 2021) (AD 2021–23–15),
and adds airplanes to the applicability.
The FAA issued AD 2022–18–09 to
address potential failure of the galley
door and release of waste bins during a
rejected take-off or an emergency
landing, and potential container
detachment from the galley under
E:\FR\FM\14JYP1.SGM
14JYP1
]]>Agencies
[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Proposed Rules]
[Pages 45112-45115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14851]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1414; Project Identifier MCAI-2023-00438-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 airplanes. This proposed AD was
prompted by a report the axis index washers on the forward and rear
main landing gear door hinges were found inverted in production. This
proposed AD would require a one-time detailed inspection of the axis
index washers for correct installation, and, depending on findings,
replacement of the axis index washers, 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 August 28,
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-2023-1414; 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: ad.easa.europa.eu. It
is also available at regulations.gov under Docket No. FAA-2023-1414.
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].
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-2023-1414; Project Identifier
MCAI-2023-00438-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and
[[Page 45113]]
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 2023-0051, dated March 10, 2023
(EASA AD 2023-0051) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A350-941 airplanes. The
MCAI states that the forward (#1) and rear (#3) main landing gear door
(MLGD) hinge axis index washers were found inverted in production
(index washer for forward fitting installed at rear fitting and vice
versa). This condition, if not detected and corrected, could lead to
reduced structural integrity of the MLGD hinge fittings, possibly
resulting in the loss of an MLGD during flight, and consequent injury
to persons on the ground.
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-2023-1414.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0051 specifies procedures for a one-time detailed
inspection of the MLGD forward and rear hinges for incorrectly
installed axis index washers and, depending on findings, replacement of
the axis index washers.
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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0051 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 2023-0051 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0051 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 2023-0051 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-
0051. Service information required by EASA AD 2023-0051 for compliance
will be available at regulations.gov under Docket No. FAA-2023-1414
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 23 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
----------------------------------------------------------------------------------------------------------------
2.25 work-hours x $85 per hour = $192........................ $0 $192 $4,416
----------------------------------------------------------------------------------------------------------------
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 data to determine the number of
airplanes that might need this on-condition action:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
8.25 work-hours x $85 per hour = $10 per door........ $712
$702.
------------------------------------------------------------------------
[[Page 45114]]
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-2023-1414; Project Identifier MCAI-2023-
00438-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by August 28, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2023-0051, dated March 10, 2023
(EASA AD 2023-0051).
(d) Subject
Air Transport Association (ATA) of America Code: 52, Doors.
(e) Unsafe Condition
This AD was prompted by a report the axis index washers on the
forward and rear main landing gear door (MLGD) hinges were found
inverted in production. The FAA is issuing this AD to address
incorrectly installed washers. The unsafe condition, if not
addressed, could result in reduced structural integrity of the MLGD
hinge fittings, possibly resulting in a loss of an MLGD during
flight, and consequent injury to persons on the ground.
(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 2023-0051.
(h) Exceptions to EASA AD 2023-0051
(1) Where the applicability and Groups definitions of EASA AD
2023-0051 refer to serial numbers, replace the text ``the SB'' with
``Airbus Service Bulletin A350-52-P048, dated November 24, 2022.''
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0051.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-0051
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (k) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; 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 (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(k) 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].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0051,
dated March 10, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0051, 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:
[[Page 45115]]
www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on July 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-14851 Filed 7-13-23; 8:45 am]
BILLING CODE 4910-13-P
