Airworthiness Directives; Airbus SAS Airplanes, 23-25 [2023-28799]
Download as PDF
Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations
identified in paragraph (j)(1) or (2) of this AD,
provided the actions were done using MHI RJ
AMM Revision 70, dated May 25, 2022, or
Revision 71, dated December 16, 2022.
(1) MHI RJ Service Bulletin 670BA–25–
135, dated June 1, 2022.
(2) MHI RJ Service Bulletin 670BA–25–
135, Revision A, dated August 30, 2022.
(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 manager of the International Validation
Branch, mail it to the address identified in
paragraph (l)(2) 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 Transport Canada or MHI RJ
Aviation ULC’s Transport Canada Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
khammond on DSKJM1Z7X2PROD with RULES
(l) Additional Information
(1) Refer to Transport Canada AD CF–
2023–10, dated February 17, 2023, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–1823.
(2) For more information about this AD,
contact Fatin Saumik, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7300; email: 9-avs-nyaco-cos@faa.gov.
(3) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (m)(3) and (4) of this AD.
(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 the AD specifies otherwise.
(i) MHI RJ Service Bulletin 670BA–25–135,
Revision B, dated November 25, 2022.
(ii) [Reserved]
(3) For MHI RJ Aviation ULC service
information identified in this AD, contact
MHI RJ Aviation Group, Customer Response
Center, 3655 Ave. des Grandes-Tourelles,
Suite 110, Boisbriand, Que´bec J7H 0E2
Canada; North America toll-free telephone
833–990–7272 or direct-dial telephone 450–
990–7272; fax 514–855–8501; email thd.crj@
mhirj.com; website mhirj.com.
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14:37 Dec 29, 2023
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(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 material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on December 5, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–28801 Filed 12–29–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1822; Project
Identifier MCAI–2023–00653–T; Amendment
39–22624; AD 2023–24–07]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A310 airplanes. This
AD was prompted by a determination
that new or more restrictive
airworthiness limitations are necessary.
This AD requires 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
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective February 6,
2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of February 6, 2024.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1822; 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 final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
SUMMARY:
PO 00000
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Fmt 4700
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23
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For EASA material incorporated by
reference in this AD, 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.
• You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket at
regulations.gov under Docket No. FAA–
2023–1822.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aviation Safety Engineer, FAA,
2200 South 216th Street, Des Moines,
WA 98198; telephone 206–231–3225;
email dan.rodina@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Airbus SAS Model A310
series airplanes. The NPRM published
in the Federal Register on September 8,
2023 (88 FR 61990). The NPRM was
prompted by AD 2023–0092, dated May
5, 2023, issued by EASA, which is the
Technical Agent for the Member States
of the European Union (EASA AD 2023–
0092) (also referred to as the MCAI). The
MCAI states that new or more restrictive
airworthiness limitations have been
developed.
In the NPRM, the FAA proposed to
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations, as
specified in EASA AD 2023–0092. The
FAA is issuing this AD to address
fatigue cracking, damage, or corrosion in
principal structural elements.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1822.
Discussion of Final Airworthiness
Directive
Comments
The FAA received comments from
FedEx who supported the NPRM
without change.
Conclusion
This product has been approved by
the aviation authority of another
E:\FR\FM\02JAR1.SGM
02JAR1
24
Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations
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
reviewed the relevant data, considered
the comment received, and determined
that air safety requires adopting this AD
as proposed. Accordingly, the FAA is
issuing this AD to address the unsafe
condition on this product. Except for
minor editorial changes, this AD is
adopted as proposed in the NPRM.
None of the changes will increase the
economic burden on any operator.
Related Service Information Under 1
CFR Part 51
EASA AD 2023–0092 describes new
or more restrictive airworthiness tasks
for airplane structures. 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.
khammond on DSKJM1Z7X2PROD with RULES
Costs of Compliance
The FAA estimates that this AD
affects 1 airplane of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours per operator, although the FAA
recognizes that this number may vary
from operator to operator. In the past,
the FAA has estimated that this action
takes 1 work-hour per airplane. 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 FAA estimates
the 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.
VerDate Sep<11>2014
14:37 Dec 29, 2023
Jkt 262001
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
This AD will not have federalism
implications under Executive Order
13132. This AD will 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 that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will 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 Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 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:
■
2023–24–07 Airbus SAS: Amendment 39–
22624; Docket No. FAA–2023–1822;
Project Identifier MCAI–2023–00653–T.
(a) Effective Date
This airworthiness directive (AD) is
effective February 6, 2024.
(b) Affected ADs
This AD affects AD 2019–20–06,
Amendment 39–19759 (84 FR 55859, October
18, 2019) (AD 2019–20–06).
(c) Applicability
This AD applies to all Airbus SAS Model
A310–203, –204, –221, –222, –304, –322,
–324, and –325 airplanes, certificated in any
category.
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
(d) Subject
Air Transport Association (ATA) of
America Code: 05, Time Limits/Maintenance
Checks.
(e) Unsafe Condition
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address fatigue cracking, damage,
or corrosion in principal structural elements.
The unsafe condition, if not addressed, 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 2023–0092, dated
May 5, 2023 (EASA AD 2023–0092).
(h) Exceptions to EASA AD 2023–0092
(1) This AD does not adopt the
requirements specified in paragraphs (1) and
(2) of EASA AD 2023–0092.
(2) Paragraph (3) of EASA AD 2023–0092
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
2023–0092 is at the applicable ‘‘associated
thresholds’’ as incorporated by the
requirements of paragraph (3) of EASA AD
2023–0092, or within 90 days after the
effective date of this AD, whichever occurs
later.
(4) This AD does not adopt the provisions
specified in the ‘‘Recording AD compliance’’
section of EASA AD 2023–0092.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0092.
(i) Provisions for Alternative Actions and
Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) and
intervals are allowed unless they are
approved as specified in the provisions of the
‘‘Ref. Publications’’ section of EASA AD
2023–0092.
(j) Terminating Action for Certain Tasks
Required by AD 2019–20–06
Accomplishing the actions required by this
AD terminates the corresponding
requirements of AD 2019–20–06 for the tasks
identified in the service information
referenced in EASA AD 2023–0092 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
E:\FR\FM\02JAR1.SGM
02JAR1
Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to the address identified in
paragraph (l) of this AD or email to: 9-AVSAIR-730-AMOC@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 local flight standards 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, Aviation Safety
Engineer, FAA, 2200 South 216th Street, Des
Moines, WA 98198; telephone 206–231–
3225; email dan.rodina@faa.gov.
(m) Material Incorporated by Reference
khammond on DSKJM1Z7X2PROD with RULES
(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 2023–0092, dated May 5, 2023.
(ii) [Reserved]
(3) For EASA AD 2023–0092, 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 material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th Street, Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–28799 Filed 12–29–23; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
14:37 Dec 29, 2023
Jkt 262001
FEDERAL MARITIME COMMISSION
46 CFR Part 520
[Docket No. FMC–2022–0067]
RIN 3072–AC86
Carrier Automated Tariffs
Federal Maritime Commission.
Final rule.
AGENCY:
ACTION:
The Federal Maritime
Commission (Commission) amends its
regulations governing Carrier
Automated Tariffs. The final rule
removes the option for common carriers
to charge a fee to access their tariff;
allow non-vessel-operating common
carriers (NVOCCs) to cross-reference
certain aspects of other carriers’ terms in
their tariffs; clarify the ability for
NVOCCs to reflect increases in certain
charges passed-through by other entities
without notice; revise regulations to
specify permissible relationships
between NVOCCs for the co-loading of
cargo, and makes other miscellaneous
updates and clarifications to the
regulation, including removing outdated
citations.
DATES: This final rule is effective on
February 1, 2024.
ADDRESSES: You may use the Federal
eRulemaking Portal at
www.regulations.gov to view
background documents or comments
received in Docket No. FMC–2022–
0067.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Amy Strauss, Acting Secretary; Phone:
(202) 523–5725; Email: secretary@
fmc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion
On May 10, 2022, the Commission
issued a Notice of Proposed Rulemaking
(NPRM) seeking comment on proposed
changes to Commission regulations in
46 CFR part 520.1 In response to the
NPRM, the Commission received ten
sets of comments from interested
parties: The National Customs Brokers
and Forwarders Association of America,
Inc (NCBFAA); New York New Jersey
Foreign Freight Forwarders & Brokers
Association, Inc. (NYNJFFF&BA);
1 Notice
of Proposed Rulemaking—Carrier
Automated Tariffs, 87 FR 27971 (May 10, 2022).
Prior to the publication of the May 2022 proposal,
the Commission published an Advance Notice of
Proposed Rulemaking seeking input on how to
revise its tariff regulations to help address the
inconsistent manner in which carriers were
interpreting and applying these regulations. See
Advance Notice of Proposed Rulemaking
(ANPRM)—Carrier Automated Tariffs, 86 FR 18240
(April 8, 2021).
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
25
Charles E. Schmidt; Kintetsu World
Express (U.S.A.), Inc., an NVOCC; Yang
Ming Marine Transport Corp., a vesseloperating common carrier (VOCC);
Mohawk Global, an NVOCC; UWL, an
NVOCC; C.H. Powell, an NVOCC; APL
Logistics, Ltd., an NVOCC; and Ascent
Global Logistics, an NVOCC. These
comments are addressed in the
discussion that follows.
A. Tariff Access Fees
With one exception, commenters that
addressed the proposed rule requiring
common carriers to provide free access
to their tariff systems supported the
rule. Kintetsu World Express favored
continuing to allow a fee to be assessed,
asserting that tariff publishers that
currently charge an access fee to the
public will likely attempt to recover lost
revenue from their common carrier
customer if they can no longer charge a
third party for tariff access. Kintetsu at
2. See also NYNJFF&BA at 2 (noting that
carriers who use third party providers
will most likely assess a fee to cover
cost of access to their service). The
Commission considered Kintetsu’s
concern that the proposed rule may lead
to higher fees from its tariff publisher
because the tariff publisher can no
longer charge a third party for access.
However, the Commission is not
persuaded by Kintetsu’s concern.
Carriers have been required to publish
tariffs for decades. See 46 U.S.C. 40501.
Some carriers choose to publish these
tariffs on their own website, and some
choose to use a tariff publisher—and in
Kintetsu’s case, it decided that the best
way to comply with the Commission’s
requirements was to pay a tariff
publisher.2 Kintetsu did not provide
information about what it would cost to
publish the tariffs on Kintetsu’s own
website 3 or a comparison of how much
more Kintetsu would pay a tariff
publisher if the tariff publisher could
not charge a fee for access. Further,
Kintetsu’s concerns were not supported
by similar concerns from NCBFAA or
NYNJFFF&BA, entities that represent
many similar NVOCCs. Based on this
record, the Commission is not
persuaded by Kintetsu’s concern and
maintains its position that it is
reasonable to not charge a fee for tariff
2 It appears that the benefits of using a tariff
publisher go beyond simply providing a website for
publication as tariff publishers advertise expert
help in complying with Commission regulations
and cost efficiency from outsourcing for that
expertise. Thus, the decision to use a tariff
publisher may include more considerations than
simply the cheapest way to post tariffs publicly.
3 Kintetsu does have a public website that appears
to be maintained and up to date, as there are articles
from August 2023. See https://www.kwe.com/ (last
accessed August 16, 2023).
E:\FR\FM\02JAR1.SGM
02JAR1
Agencies
[Federal Register Volume 89, Number 1 (Tuesday, January 2, 2024)]
[Rules and Regulations]
[Pages 23-25]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28799]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1822; Project Identifier MCAI-2023-00653-T;
Amendment 39-22624; AD 2023-24-07]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A310 airplanes. This AD was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. This AD requires 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 incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective February 6, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 6,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1822; 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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For EASA material incorporated by reference in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-1822.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer,
FAA, 2200 South 216th Street, Des Moines, WA 98198; telephone 206-231-
3225; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A310 series airplanes. The NPRM published in the Federal Register on
September 8, 2023 (88 FR 61990). The NPRM was prompted by AD 2023-0092,
dated May 5, 2023, issued by EASA, which is the Technical Agent for the
Member States of the European Union (EASA AD 2023-0092) (also referred
to as the MCAI). The MCAI states that new or more restrictive
airworthiness limitations have been developed.
In the NPRM, the FAA proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in EASA AD
2023-0092. The FAA is issuing this AD to address fatigue cracking,
damage, or corrosion in principal structural elements.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1822.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from FedEx who supported the NPRM without
change.
Conclusion
This product has been approved by the aviation authority of another
[[Page 24]]
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 reviewed the relevant data, considered the
comment received, and determined that air safety requires adopting this
AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on this product. Except for minor editorial changes,
this AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0092 describes new or more restrictive airworthiness
tasks for airplane structures. 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.
Costs of Compliance
The FAA estimates that this AD affects 1 airplane of U.S. registry.
The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. 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 FAA estimates the 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
This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will 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 Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:
2023-24-07 Airbus SAS: Amendment 39-22624; Docket No. FAA-2023-1822;
Project Identifier MCAI-2023-00653-T.
(a) Effective Date
This airworthiness directive (AD) is effective February 6, 2024.
(b) Affected ADs
This AD affects AD 2019-20-06, Amendment 39-19759 (84 FR 55859,
October 18, 2019) (AD 2019-20-06).
(c) Applicability
This AD applies to all Airbus SAS Model A310-203, -204, -221, -
222, -304, -322, -324, and -325 airplanes, certificated in any
category.
(d) Subject
Air Transport Association (ATA) of America Code: 05, Time
Limits/Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, damage, or corrosion in
principal structural elements. The unsafe condition, if not
addressed, 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
2023-0092, dated May 5, 2023 (EASA AD 2023-0092).
(h) Exceptions to EASA AD 2023-0092
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0092.
(2) Paragraph (3) of EASA AD 2023-0092 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 2023-0092 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2023-0092, or within 90 days after the effective date of
this AD, whichever occurs later.
(4) This AD does not adopt the provisions specified in the
``Recording AD compliance'' section of EASA AD 2023-0092.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0092.
(i) Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2023-0092.
(j) Terminating Action for Certain Tasks Required by AD 2019-20-06
Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2019-20-06 for the tasks identified
in the service information referenced in EASA AD 2023-0092 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
[[Page 25]]
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the International Validation Branch, mail it to the address
identified in paragraph (l) of this AD or email to: [email protected]. 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 local flight standards 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, Aviation
Safety Engineer, 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 2023-0092,
dated May 5, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0092, 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 material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th
Street, Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-28799 Filed 12-29-23; 8:45 am]
BILLING CODE 4910-13-P