Airworthiness Directives; Airbus SAS Airplanes, 6051-6056 [2024-01711]

Download as PDF Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Proposed Rules enough money to cover a withdrawal, debit, payment, or transfer transaction. (e) Nonsufficient funds fee or NSF fee means a charge that is assessed by a covered financial institution for declining an attempt by a consumer to withdraw, debit, pay, or transfer funds from their account due to insufficient funds. The label used by the covered financial institution for a fee is not determinative of whether or not it is a nonsufficient funds fee. § 1042.3 Identification and prohibition of abusive practice. (a) Identification. It is an abusive practice for a covered financial institution to charge a nonsufficient funds fee in connection with a covered transaction. (b) Prohibition. A covered financial institution must not assess a nonsufficient funds fee in connection with any covered transaction. Rohit Chopra, Director, Consumer Financial Protection Bureau. [FR Doc. 2024–01688 Filed 1–30–24; 8:45 am] BILLING CODE 4810–AM–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–0040; Project Identifier MCAI–2023–01196–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) 2014–15–09, AD 2020–15–09, and AD 2022–16–07. AD 2014–15–09 applies to all Airbus SAS Model A330–200 Freighter, A330–200 and –300, and A340–200, –300, –500, and –600 series airplanes. AD 2020–15–09 applies to all Airbus SAS Model A330–941 airplanes. AD 2014–15–09 and AD 2020–15–09 require repetitive operational tests of the hydraulic locking function on certain spoiler servo-controls (SSCs) and replacement if necessary. AD 2022–16– 07 applies to certain Airbus SAS Model A330–200, A330–200 Freighter, and A330–300 series airplanes. AD 2022– 16–07 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:27 Jan 30, 2024 Jkt 262001 restrictive airworthiness limitations. Since the FAA issued AD 2022–16–07, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would continue to require certain actions in AD 2014–15–09, AD 2020– 15–09, and AD 2022–16–07 and would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA), which is proposed for incorporation by reference (IBR). This proposed AD also removes Model A340–200, –300, –500, and –600 series airplanes from the applicability. The FAA is proposing this AD to address the unsafe condition on these products. The FAA must receive comments on this proposed AD by March 18, 2024. 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–2024–0040; 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 EASA 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. • For Airbus service information that is proposed for IBR in this NPRM, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email DATES: PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 6051 airworthiness.A330-A340@airbus.com; website airbus.com. • 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. It is also available at regulations.gov under Docket No. FAA– 2024–0040. FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206–231–3229; email Vladimir.ulyanov@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–2024–0040; Project Identifier MCAI–2023–01196–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 E:\FR\FM\31JAP1.SGM 31JAP1 6052 Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 should be sent to Vladimir Ulyanov, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206–231–3229; email Vladimir.ulyanov@faa.gov. Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA issued AD 2014–15–09, Amendment 39–17911 (79 FR 44663, August 1, 2014) (AD 2014–15–09), for all Airbus SAS Model A330–200 Freighter, A330–200 and –300, and A340–200, –300, –500, and –600 series airplanes. AD 2014–15–09 was prompted by an MCAI originated by EASA, which is the Technical Agent for the Member States of the European Union. EASA issued AD 2013–0251 dated October 15, 2013; Correction dated October 16, 2013 (EASA AD 2013–0251), to correct an unsafe condition. AD 2014–15–09 requires repetitive operational tests of the hydraulic locking function on certain SSCs and replacement if necessary. The FAA issued AD 2014–15–09 to address loss of the hydraulic locking function during take-off, which, in combination with one inoperative engine, could result in reduced controllability of the airplane. The FAA issued AD 2020–15–09, Amendment 39–21172 (85 FR 45767, July 30, 2020) (AD 2020–15–09) for all Airbus SAS Model A330–941 airplanes. AD 2020–15–09 was prompted by an MCAI originated by EASA. EASA issued AD 2020–0054, dated March 11, 2020 (EASA AD 2020–0054) to correct an unsafe condition. AD 2020–15–09 requires repetitive operational tests of the hydraulic locking function on certain SSCs and replacement if necessary. The FAA issued AD 2020–15–09 to address loss of hydraulic locking function on the SSCs, which in combination with one engine inoperative at takeoff, could result in reduced controllability of the airplane. The FAA issued AD 2022–16–07, Amendment 39–22136 (87 FR 51585, August 23, 2022) (AD 2022–16–07) for certain Airbus SAS Model A330–200, A330–200 Freighter, and A330–300 series airplanes. AD 2022–16–07 was prompted by an MCAI originated by EASA. EASA issued AD 2021–0248, dated November 15, 2021 (EASA AD 2021–0248) to correct an unsafe condition. AD 2022–16–07 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness VerDate Sep<11>2014 16:27 Jan 30, 2024 Jkt 262001 limitations. The FAA issued AD 2022– 16–07 to address a safety-significant latent failure (that is not annunciated) that, in combination with one or more other specific failures or events, could result in a hazardous or catastrophic failure condition. Actions Since AD 2022–16–07 Was Issued Since the FAA issued AD 2022–16– 07, EASA superseded AD 2020–0054 and 2021–0248R1, dated October 12, 2022, and issued EASA AD 2023–0199, dated November 17, 2023 (EASA AD 2023–0199) (referred to after this as the MCAI), for all Airbus SAS Model A330– 201, A330–202, A330–203, A330–223, A330–223F, A330–243, A330–243F, A330–301, A330–302, A330–303, A330– 321, A330–322, A330–323, A330–341, A330–342, A330–343, A330–841 and A330–941 airplanes. The MCAI states that new or more restrictive airworthiness limitations have been developed. Airplanes with an original airworthiness certificate or original export certificate of airworthiness issued after October 2, 2023, must comply with the airworthiness limitations specified as part of the approved type design and referenced on the type certificate data sheet; this proposed AD therefore does not include those airplanes in the applicability. The FAA is proposing this AD to address a safety-significant latent failure (that is not annunciated) that, in combination with one or more other specific failures or events, could result in a hazardous or catastrophic failure condition. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2024–0040. Related Service Information Under 1 CFR Part 51 The FAA reviewed EASA AD 2023– 0199. This service information specifies new or more restrictive airworthiness limitations for airplane structures, including the repetitive operational tests required by EASA AD 2013–0251 and EASA AD 2020–0054 (which correspond to FAA AD 2014–15–09 and FAA AD 2020–15–09). This proposed AD would also require EASA AD 2021–0248, which the Director of the Federal Register approved for incorporation by reference as of September 27, 2022 (87 FR 51585, August 23, 2022). This proposed AD would also require EASA AD 2020–0054, which the Director of the Federal Register approved for incorporation by reference as of September 3, 2020 (85 FR 45767, July 30, 2020). PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 This proposed AD would also require Airbus Service Bulletin A330–27–3195, Revision 01, dated February 6, 2014, which the Director of the Federal Register approved for incorporation by reference as of September 5, 2014 (79 FR 44663, August 1, 2014). 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. 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 and service information 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 retain certain requirements of AD 2014–15–09, AD 2020–15–09, and AD 2022–16–07. This proposed AD would also require revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations, which are specified in EASA AD 2023– 0199 already described, as proposed for incorporation by reference. Any differences with EASA AD 2023–0199 are identified as exceptions in the regulatory text of this AD. This proposed AD would require revisions to certain operator maintenance documents to include new actions (e.g., inspections). Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance (AMOC) according to paragraph (s)(1) of this proposed AD. Explanation of Required Compliance Information In the FAA’s ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with E:\FR\FM\31JAP1.SGM 31JAP1 Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Proposed Rules requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to retain the IBR of EASA AD 2020–0054 and EASA AD 2021–0248 and incorporate EASA AD 2023–0199 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2020–0054, EASA AD 2021–0248 and EASA AD 2023–0199 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 2020– 0054, EASA AD 2021–0248 or EASA AD 2023–0199 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 2020–0054, EASA AD 2021–0248, or EASA AD 2023–0199. Service information required by EASA AD 2020–0054, EASA AD 2021–0248, and EASA AD 2023–0199 for compliance will be available at regulations.gov by searching for and locating Docket No. FAA–2024–0040 after the FAA final rule is published. Airworthiness Limitation ADs Using the New Process The FAA’s process of incorporating by reference MCAI ADs as the primary source of information for compliance with corresponding FAA ADs has been limited to certain MCAI ADs (primarily those with service bulletins as the primary source of information for accomplishing the actions required by the FAA AD). However, the FAA is now expanding the process to include MCAI ADs that require a change to airworthiness limitation documents, such as airworthiness limitation sections. For these ADs that incorporate by reference an MCAI AD that changes airworthiness limitations, the FAA requirements are unchanged. Operators must revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the new airworthiness limitation document. The airworthiness limitations must be followed according to 14 CFR 91.403(c) and 91.409(e). The previous format of the airworthiness limitation ADs included a paragraph that specified that no alternative actions (e.g., inspections) or intervals may be used unless the actions and intervals are approved as an AMOC in accordance with the procedures specified in the AMOCs paragraph under ‘‘Additional AD Provisions.’’ This new format includes a ‘‘New Provisions for Alternative Actions and Intervals’’ paragraph that does not specifically refer to AMOCs, but operators may still request an AMOC to use an alternative action or interval. Explanation of Model A340 Airplanes Removed From the Applicability This proposed AD does not include Model A340 airplanes in the applicability. EASA issued AD 2023– 6053 0200, dated November 17, 2023 (EASA AD 2023–0200), which currently addresses the identified unsafe conditions for the Model A340 airplanes that were included in FAA AD 2014– 15–09. The FAA has added EASA AD 2023–0200 to the required airworthiness action list (RAAL) for the Model A340 airplanes. There currently are no Model A340 airplanes on the U.S. register. However, if a U.S. operator imports a Model A340 airplane, they will then be required to show compliance with EASA AD 2023–0200 as specified in the RAAL. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 142 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: The FAA estimates the total cost per operator for the retained actions from AD 2022–16–07 to be $7,650 (90 workhours × $85 per work-hour). The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 workhours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. The FAA estimates the total cost per operator for the new proposed actions to be $7,650 (90 work-hours × $85 per work-hour). ESTIMATED COSTS FOR OTHER RETAINED ACTIONS Action Labor cost Retained actions from AD 2014–15–09 and AD 2020–15–09. 6 work-hours × $85 per hour = $510 ............. The FAA estimates the following costs to do any necessary on-condition actions that would be required based on Cost per product Parts cost the results of any required actions. The agency has no way of determining the $0 $510 Cost on U.S. operators $72,420 number of aircraft that might need oncondition actions: lotter on DSK11XQN23PROD with PROPOSALS1 ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Cost per product 3 work-hours × $85 per hour = $255 ...................................................................................................................... $35,000 $35,255 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 VerDate Sep<11>2014 16:27 Jan 30, 2024 Jkt 262001 the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 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 E:\FR\FM\31JAP1.SGM 31JAP1 6054 Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Proposed Rules 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 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: a. Removing Airworthiness Directive AD 2014–15–09, Amendment 39–17911 (79 FR 44663, August 1, 2014); AD 2020–15–09, Amendment 39–21172 (85 FR 45767, July 30, 2020); and AD 2022– 16–07, Amendment 39–22136 (87 FR 51585, August 23, 2022); and ■ b. Adding the following new AD: lotter on DSK11XQN23PROD with PROPOSALS1 ■ ■ Airbus SAS Airplanes: Docket No. FAA– 2024–0040; Project Identifier MCAI– 2023–01196–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by March 18, 2024. VerDate Sep<11>2014 16:27 Jan 30, 2024 Jkt 262001 (b) Affected ADs This AD replaces the ADs identified in paragraphs (b)(1) through (3) of this AD. (1) AD 2014–15–09, Amendment 39–17911 (79 FR 44663, August 1, 2014) (AD 2014–15– 09). (2) AD 2020–15–09, Amendment 39–21172 (85 FR 45767, July 30, 2020) (AD 2020–15– 09). (3) AD 2022–16–07, Amendment 39–22136 (87 FR 51585, August 23, 2022) (AD 2022– 16–07). (c) Applicability This AD applies to Airbus SAS Model A330–201, –202, –203, –223, –223F, –243, –243F, –301, –302, –303, –321, –322, –323, –341, –342, –343, –841, and –941 airplanes, certificated in any category, with an original airworthiness certificate or original export certificate of airworthiness issued on or before October 2, 2023. (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 a safety-significant latent failure (that is not annunciated) that, in combination with one or more other specific failures or events, could result in a hazardous or catastrophic failure condition. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Repetitive Operational Tests of Spoiler Servo-Controls (SSCs) for Certain Airplanes, With Removed References to Model A340 Service Information This paragraph restates the requirements of paragraph (g) of AD 2014–15–09, with removed references to Model A340 service information. For Model A330–201, –202, –203, –223, –223F, –243, –243F, –301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes: At the latest of the times specified in paragraphs (g)(1) through (3) of this AD, accomplish an operational test of the hydraulic locking function on each SSC (any type), when fitted on the Blue or Yellow hydraulic circuits, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330–27–3195, Revision 01, dated February 6, 2014. Repeat the operational test thereafter at intervals not to exceed 48 months. Accomplishing the revision of the existing maintenance or inspection program required by paragraph (p) of this AD terminates the requirements of this paragraph. (1) Within 48 months since first flight of the airplane. (2) Within 48 months since accomplishing the most recent operational test, as specified in Airbus All Operators Telex (AOT) A330– 27A3185; dated January 4, 2012. (3) Within 24 months after September 5, 2014 (the effective date of AD 2014–15–09). PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 (h) Retained Credit for Previous Actions for Paragraph (g) of This AD, With Removed References to Model A340 Service Information This paragraph restates the credit provided in paragraph (h) of AD 2014–15–09, with removed references to Model A340 service information. This paragraph provides credit for the actions required by paragraph (g) of this AD, if those actions were performed before September 5, 2014 (the effective date of AD 2014–15–09) using Airbus Service Bulletin A330–27–3195, dated December 7, 2012. (i) Retained Replacement of Affected SSCs Found During the Test Required by Paragraph (g) of This AD, With Removed References to Model A340 Service Information This paragraph restates the replacement required by paragraph (i) of AD 2014–15–09, with removed references to Model A340 service information. If, during any operational test required by paragraph (g) of this AD, the hydraulic locking function of an SSC fails the test, before further flight, replace the affected SSC with a serviceable part, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330–27–3195, Revision 01, dated February 6, 2014. (j) Retained No Terminating Action for Paragraph (g) of This AD, With No Changes This paragraph restates the no terminating action statement specified in paragraph (j) of AD 2014–15–09, with no changes. Doing the replacement required by paragraph (i) of this AD is not terminating action for the repetitive operational tests required by paragraph (g) of this AD. (k) Retained Repetitive Operational Tests and Replacement of Affected SSCs for Model A330–941 Airplanes, With No Changes This paragraph restates the requirements of paragraph (g) of AD 2020–15–09, with no changes. For Model A330–941 airplanes: Except as specified in paragraph (l) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2020–0054, dated March 11, 2020 (EASA AD 2020–0054). Accomplishing the revision of the existing maintenance or inspection program required by paragraph (p) of this AD terminates the requirements of this paragraph. (l) Retained Exceptions to EASA AD 2020– 0054, With No Changes This paragraph restates the exceptions specified in paragraph (h) of AD 2020–15–09, with no changes. The ‘‘Remarks’’ section of EASA AD 2020–0054 does not apply to this AD. (m) Retained Revision of the Existing Maintenance or Inspection Program, With No Changes This paragraph restates the requirements of paragraph (i) of AD 2022–16–07, with no changes. For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or E:\FR\FM\31JAP1.SGM 31JAP1 Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Proposed Rules before July 1, 2021: Except as specified in paragraph (n) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2021–0248, dated November 15, 2021 (EASA AD 2021–0248). Accomplishing the revision of the existing maintenance or inspection program required by paragraph (p) of this AD terminates the requirements of this paragraph. (n) Retained Exceptions to EASA AD 2021– 0248, With No Changes This paragraph restates the exceptions specified in paragraph (j) of AD 2022–16–07, with no changes. (1) Where EASA AD 2021–0248 refers to its effective date, this AD requires using September 27, 2022 (the effective date of AD 2022–16–07). (2) The requirements specified in paragraphs (1) and (2) of EASA AD 2021– 0248 do not apply to this AD. (3) Paragraph (3) of EASA AD 2021–0248 specifies revising ‘‘the approved AMP [aircraft maintenance program]’’ within 12 months after its effective date, but this AD requires revising the existing maintenance or inspection program, as applicable, within 90 days after September 27, 2022 (the effective date of AD 2022–16–07). (4) The initial compliance time for doing the tasks specified in paragraph (3) of EASA 2021–0248 is at the applicable ‘‘associated thresholds,’’ as incorporated by the requirements of paragraph (3) of EASA AD 2021–0248, or within 90 days after September 27, 2022 (the effective date of AD 2022–16–07), whichever occurs later. (5) The provisions specified in paragraphs (4) and (5) of EASA AD 2021–0248 do not apply to this AD. (6) The ‘‘Remarks’’ section of EASA AD 2021–0248 does not apply to this AD. lotter on DSK11XQN23PROD with PROPOSALS1 (o) Retained Provisions on Alternative Actions and Intervals, With a New Exception This paragraph restates the provisions specified in paragraph (k) of AD 2022–16–07, with a new exception. Except as required by paragraph (p) of this AD, after the existing maintenance or inspection program has been revised as required by paragraph (m) 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 2021–0248. (p) New Revision of the Existing Maintenance or Inspection Program Except as specified in paragraph (q) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2023–0199, dated November 17, 2023 (EASA AD 2023– 0199). Accomplishing the revision of the existing maintenance or inspection program required by this paragraph terminates the requirements of paragraphs (g), (k), and (m) of this AD. (q) Exceptions to EASA AD 2023–0199 (1) This AD does not adopt the requirements specified in paragraphs (1) and (2) of EASA AD 2023–0199. VerDate Sep<11>2014 16:27 Jan 30, 2024 Jkt 262001 (2) Paragraph (3) of EASA AD 2023–0199 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 AD 2023–0199 is at the applicable ‘‘associated thresholds’’ as incorporated by the requirements of paragraph (3) of EASA AD 2023–0199, or within 90 days after the effective date of this AD, whichever occurs later. (4) This AD does not adopt the provisions specified in paragraphs (4) and (5) of EASA AD 2023–0199. (5) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2023–0199. (r) New Provisions for Alternative Actions and Intervals After the existing maintenance or inspection program has been revised as required by paragraph (p) 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 2023–0199. (s) 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 (t)(1) 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): For any service information referenced in EASA AD 2020–0054 that contains RC procedures and tests: Except as required by paragraph (s)(2) of this AD, RC 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 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 6055 changes to procedures or tests identified as RC require approval of an AMOC. (t) Additional Information (1) For more information about this AD, contact Vladimir Ulyanov, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206– 231–3229; email Vladimir.ulyanov@faa.gov. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (u)(8) and (9) of this AD. (u) 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. (3) The following service information was approved for IBR on [DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE]. (i) European Union Aviation Safety Agency (EASA) AD 2023–0199, dated November 17, 2023. (ii) [Reserved] (4) The following service information was approved for IBR on September 27, 2022 (87 FR 51585, August 23, 2022). (i) EASA AD 2021–0248, dated November 15, 2021. (ii) [Reserved] (5) The following service information was approved for IBR on September 3, 2020 (85 FR 45767, July 30, 2020). (i) EASA AD 2020–0054, dated March 11, 2020. (ii) [Reserved] (6) The following service information was approved for IBR on September 5, 2014 (79 FR 44663, August 1, 2014). (i) Airbus Service Bulletin A330–27–3195, Revision 01, dated February 6, 2014. (ii) [Reserved] (7) For EASA AD 2020–0054, EASA AD 2021–0248, and EASA AD 2023–0199, 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 these EASA ADs on the EASA website at ad.easa.europa.eu. (8) For Airbus service information, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email airworthiness.A330-A340@airbus.com; website airbus.com. (9) 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. (10) 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. E:\FR\FM\31JAP1.SGM 31JAP1 6056 Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Proposed Rules Issued on January 24, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–01711 Filed 1–30–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 91, 125, 135, 137, and 145 [Docket No.: FAA–2024–0025; Notice No. 24–08] RIN 2120–AL20 Inspection Programs for Single-Engine Turbine-Powered Airplanes and Unmanned Aircraft; and Miscellaneous Maintenance-Related Updates Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action would revise certain aircraft maintenance inspection rules for small, corporate-sized, and unmanned aircraft. The proposed changes include additional inspection program options for owners of singleengine turbine-powered airplanes and unmanned aircraft, relaxed mechanical reliability reporting requirements for certain aircraft, and several changes to clarify and simplify various maintenance-related regulations. These proposed amendments would relieve aircraft owners, operators, maintenance providers, and the FAA. The proposed amendments would provide greater flexibility for aircraft maintenance, standardized reporting requirements, and provide clarification of various maintenance-related regulations. DATES: Send comments on or before April 1, 2024. ADDRESSES: Send comments identified by docket number FAA–2024–0025 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590– lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:27 Jan 30, 2024 Jkt 262001 0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at (202) 493–2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. Docket: Background documents or comments received may be read at www.regulations.gov/ at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action, contact Bryan B. Davis, Airmen & Special Projects Branch, AFS–320, Aircraft Maintenance Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–1675; email Bryan.Davis@faa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary A. Overview of Proposed Rule B. Background II. Authority for This Rulemaking III. Discussion of the Proposal A. Inspection Programs for Single-Engine Turbine-Powered Airplanes and Unmanned Aircraft (§ 91.409) B. Scope of Covered Aircraft (§ 91.409(e)) C. Clarifications of Inspection Program Options (§ 91.409(f)) D. Conforming and Clarifying Changes to Subpart E of Part 91 E. Other Miscellaneous Inspection Program and Maintenance Program Updates F. Clarification of Part 145 Requirements on Documents and Data and Contract Maintenance IV. Regulatory Notices and Analyses A. Summary of the Regulatory Impact Analysis B. Statement of Need for Regulatory Action C. Summary of Benefits and Costs D. Regulatory Flexibility Act E. International Trade Impact Assessment F. Unfunded Mandates Assessment G. Paperwork Reduction Act H. International Compatibility I. Environmental Analysis V. Executive Order Determinations A. Executive Order 13132, Federalism B. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 C. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use D. Executive Order 13609, International Cooperation VI. Additional Information A. Comments Invited B. Availability of Rulemaking Documents C. Confidential Business Information D. Electronic Access and Filing E. Small Business Regulatory Enforcement Fairness Act I. Executive Summary A. Overview of Proposed Rule The FAA proposes to revise certain rules for small, corporate-sized, and unmanned aircraft maintenance inspections. The most substantial change would be the increase in inspection program options for owners and operators of single-engine turbinepowered airplanes and unmanned aircraft. Currently, when operating under the rules in part 91 of title 14 of the Code of Federal Regulations (14 CFR), owners and operators of these aircraft must comply with annual or 100-hour inspection requirements or adopt progressive inspection programs in lieu of those requirements. For singleengine turbine-powered airplanes, this proposed rule would expand inspection options to include, among others, an inspection program recommended by the manufacturer or an inspection program established by the registered owner or operator and approved by the Administrator. For unmanned aircraft, including unmanned aircraft operating under 14 CFR part 135 that are authorized to use the inspection rules in part 91, this proposal would enable the selection of either an inspection program recommended by the manufacturer or a program established by the registered owner or operator and approved by the Administrator. The FAA believes this change would enhance safety and would provide unmanned and single-engine turbinepowered aircraft owners and operators with greater flexibility with aircraft maintenance. Additionally, for aircraft operating under part 91, subpart K, fractional ownership rules, the FAA proposes to lengthen the reporting interval for aircraft mechanical reliability reports from 72 to 96 hours and to allow electronic report submissions. This would align the reporting interval requirement with those found in other regulations (e.g., 14 CFR 121.703, 135.415, and 145.221). Finally, the FAA proposes several changes to clarify and simplify various maintenance-related regulations in areas that have confusing or ambiguous E:\FR\FM\31JAP1.SGM 31JAP1

Agencies

[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Proposed Rules]
[Pages 6051-6056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01711]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0040; Project Identifier MCAI-2023-01196-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2014-15-09, AD 2020-15-09, and AD 2022-16-07. AD 2014-15-09 applies to 
all Airbus SAS Model A330-200 Freighter, A330-200 and -300, and A340-
200, -300, -500, and -600 series airplanes. AD 2020-15-09 applies to 
all Airbus SAS Model A330-941 airplanes. AD 2014-15-09 and AD 2020-15-
09 require repetitive operational tests of the hydraulic locking 
function on certain spoiler servo-controls (SSCs) and replacement if 
necessary. AD 2022-16-07 applies to certain Airbus SAS Model A330-200, 
A330-200 Freighter, and A330-300 series airplanes. AD 2022-16-07 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. Since the FAA issued AD 2022-16-07, the FAA has determined 
that new or more restrictive airworthiness limitations are necessary. 
This proposed AD would continue to require certain actions in AD 2014-
15-09, AD 2020-15-09, and AD 2022-16-07 and would require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations, as 
specified in a European Union Aviation Safety Agency (EASA), which is 
proposed for incorporation by reference (IBR). This proposed AD also 
removes Model A340-200, -300, -500, and -600 series airplanes from the 
applicability. 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 March 18, 
2024.

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-2024-0040; 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 EASA 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.
     For Airbus service information that is proposed for IBR in 
this NPRM, contact Airbus SAS, Airworthiness Office--EAL, Rond-Point 
Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 
93 36 96; fax +33 5 61 93 45 80; email airbus.com">airworthiness.A330-A340@airbus.com; website airbus.com.
     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. It is also available at 
regulations.gov under Docket No. FAA-2024-0040.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3229; 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-2024-0040; Project Identifier 
MCAI-2023-01196-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

[[Page 6052]]

should be sent to Vladimir Ulyanov, Aviation Safety Engineer, FAA, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3229; 
email [email protected]. Any commentary that the FAA receives 
that is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Background

    The FAA issued AD 2014-15-09, Amendment 39-17911 (79 FR 44663, 
August 1, 2014) (AD 2014-15-09), for all Airbus SAS Model A330-200 
Freighter, A330-200 and -300, and A340-200, -300, -500, and -600 series 
airplanes. AD 2014-15-09 was prompted by an MCAI originated by EASA, 
which is the Technical Agent for the Member States of the European 
Union. EASA issued AD 2013-0251 dated October 15, 2013; Correction 
dated October 16, 2013 (EASA AD 2013-0251), to correct an unsafe 
condition.
    AD 2014-15-09 requires repetitive operational tests of the 
hydraulic locking function on certain SSCs and replacement if 
necessary. The FAA issued AD 2014-15-09 to address loss of the 
hydraulic locking function during take-off, which, in combination with 
one inoperative engine, could result in reduced controllability of the 
airplane.
    The FAA issued AD 2020-15-09, Amendment 39-21172 (85 FR 45767, July 
30, 2020) (AD 2020-15-09) for all Airbus SAS Model A330-941 airplanes. 
AD 2020-15-09 was prompted by an MCAI originated by EASA. EASA issued 
AD 2020-0054, dated March 11, 2020 (EASA AD 2020-0054) to correct an 
unsafe condition.
    AD 2020-15-09 requires repetitive operational tests of the 
hydraulic locking function on certain SSCs and replacement if 
necessary. The FAA issued AD 2020-15-09 to address loss of hydraulic 
locking function on the SSCs, which in combination with one engine 
inoperative at takeoff, could result in reduced controllability of the 
airplane.
    The FAA issued AD 2022-16-07, Amendment 39-22136 (87 FR 51585, 
August 23, 2022) (AD 2022-16-07) for certain Airbus SAS Model A330-200, 
A330-200 Freighter, and A330-300 series airplanes. AD 2022-16-07 was 
prompted by an MCAI originated by EASA. EASA issued AD 2021-0248, dated 
November 15, 2021 (EASA AD 2021-0248) to correct an unsafe condition.
    AD 2022-16-07 requires revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. The FAA issued AD 2022-16-07 to 
address a safety-significant latent failure (that is not annunciated) 
that, in combination with one or more other specific failures or 
events, could result in a hazardous or catastrophic failure condition.

Actions Since AD 2022-16-07 Was Issued

    Since the FAA issued AD 2022-16-07, EASA superseded AD 2020-0054 
and 2021-0248R1, dated October 12, 2022, and issued EASA AD 2023-0199, 
dated November 17, 2023 (EASA AD 2023-0199) (referred to after this as 
the MCAI), for all Airbus SAS Model A330-201, A330-202, A330-203, A330-
223, A330-223F, A330-243, A330-243F, A330-301, A330-302, A330-303, 
A330-321, A330-322, A330-323, A330-341, A330-342, A330-343, A330-841 
and A330-941 airplanes. The MCAI states that new or more restrictive 
airworthiness limitations have been developed.
    Airplanes with an original airworthiness certificate or original 
export certificate of airworthiness issued after October 2, 2023, must 
comply with the airworthiness limitations specified as part of the 
approved type design and referenced on the type certificate data sheet; 
this proposed AD therefore does not include those airplanes in the 
applicability.
    The FAA is proposing this AD to address a safety-significant latent 
failure (that is not annunciated) that, in combination with one or more 
other specific failures or events, could result in a hazardous or 
catastrophic failure condition. You may examine the MCAI in the AD 
docket at regulations.gov under Docket No. FAA-2024-0040.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0199. This service information 
specifies new or more restrictive airworthiness limitations for 
airplane structures, including the repetitive operational tests 
required by EASA AD 2013-0251 and EASA AD 2020-0054 (which correspond 
to FAA AD 2014-15-09 and FAA AD 2020-15-09).
    This proposed AD would also require EASA AD 2021-0248, which the 
Director of the Federal Register approved for incorporation by 
reference as of September 27, 2022 (87 FR 51585, August 23, 2022).
    This proposed AD would also require EASA AD 2020-0054, which the 
Director of the Federal Register approved for incorporation by 
reference as of September 3, 2020 (85 FR 45767, July 30, 2020).
    This proposed AD would also require Airbus Service Bulletin A330-
27-3195, Revision 01, dated February 6, 2014, which the Director of the 
Federal Register approved for incorporation by reference as of 
September 5, 2014 (79 FR 44663, August 1, 2014).
    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.

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 and 
service information 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 retain certain requirements of AD 2014-15-
09, AD 2020-15-09, and AD 2022-16-07. This proposed AD would also 
require revising the existing maintenance or inspection program, as 
applicable, to incorporate additional new or more restrictive 
airworthiness limitations, which are specified in EASA AD 2023-0199 
already described, as proposed for incorporation by reference. Any 
differences with EASA AD 2023-0199 are identified as exceptions in the 
regulatory text of this AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance (AMOC) according to 
paragraph (s)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with

[[Page 6053]]

requirements for corresponding FAA ADs. The FAA has been coordinating 
this process with manufacturers and CAAs. As a result, the FAA proposes 
to retain the IBR of EASA AD 2020-0054 and EASA AD 2021-0248 and 
incorporate EASA AD 2023-0199 by reference in the FAA final rule. This 
proposed AD would, therefore, require compliance with EASA AD 2020-
0054, EASA AD 2021-0248 and EASA AD 2023-0199 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 2020-0054, 
EASA AD 2021-0248 or EASA AD 2023-0199 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 2020-
0054, EASA AD 2021-0248, or EASA AD 2023-0199. Service information 
required by EASA AD 2020-0054, EASA AD 2021-0248, and EASA AD 2023-0199 
for compliance will be available at regulations.gov by searching for 
and locating Docket No. FAA-2024-0040 after the FAA final rule is 
published.

Airworthiness Limitation ADs Using the New Process

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

Explanation of Model A340 Airplanes Removed From the Applicability

    This proposed AD does not include Model A340 airplanes in the 
applicability. EASA issued AD 2023-0200, dated November 17, 2023 (EASA 
AD 2023-0200), which currently addresses the identified unsafe 
conditions for the Model A340 airplanes that were included in FAA AD 
2014-15-09. The FAA has added EASA AD 2023-0200 to the required 
airworthiness action list (RAAL) for the Model A340 airplanes. There 
currently are no Model A340 airplanes on the U.S. register. However, if 
a U.S. operator imports a Model A340 airplane, they will then be 
required to show compliance with EASA AD 2023-0200 as specified in the 
RAAL.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 142 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2022-16-07 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate.
    The FAA estimates the total cost per operator for the new proposed 
actions to be $7,650 (90 work-hours x $85 per work-hour).

                                   Estimated Costs for Other Retained Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2014-15-09     6 work-hours x $85 per                $0            $510         $72,420
 and AD 2020-15-09.                      hour = $510.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The agency has no way of determining the number of 
aircraft that might need on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255....         $35,000          $35,255
------------------------------------------------------------------------

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

[[Page 6054]]

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:
0
a. Removing Airworthiness Directive AD 2014-15-09, Amendment 39-17911 
(79 FR 44663, August 1, 2014); AD 2020-15-09, Amendment 39-21172 (85 FR 
45767, July 30, 2020); and AD 2022-16-07, Amendment 39-22136 (87 FR 
51585, August 23, 2022); and
0
b. Adding the following new AD:

Airbus SAS Airplanes: Docket No. FAA-2024-0040; Project Identifier 
MCAI-2023-01196-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 18, 2024.

(b) Affected ADs

    This AD replaces the ADs identified in paragraphs (b)(1) through 
(3) of this AD.
    (1) AD 2014-15-09, Amendment 39-17911 (79 FR 44663, August 1, 
2014) (AD 2014-15-09).
    (2) AD 2020-15-09, Amendment 39-21172 (85 FR 45767, July 30, 
2020) (AD 2020-15-09).
    (3) AD 2022-16-07, Amendment 39-22136 (87 FR 51585, August 23, 
2022) (AD 2022-16-07).

(c) Applicability

    This AD applies to Airbus SAS Model A330-201, -202, -203, -223, 
-223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, 
-343, -841, and -941 airplanes, certificated in any category, with 
an original airworthiness certificate or original export certificate 
of airworthiness issued on or before October 2, 2023.

(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 a safety-significant latent failure (that 
is not annunciated) that, in combination with one or more other 
specific failures or events, could result in a hazardous or 
catastrophic failure condition.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Repetitive Operational Tests of Spoiler Servo-Controls 
(SSCs) for Certain Airplanes, With Removed References to Model A340 
Service Information

    This paragraph restates the requirements of paragraph (g) of AD 
2014-15-09, with removed references to Model A340 service 
information. For Model A330-201, -202, -203, -223, -223F, -243, -
243F, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
airplanes: At the latest of the times specified in paragraphs (g)(1) 
through (3) of this AD, accomplish an operational test of the 
hydraulic locking function on each SSC (any type), when fitted on 
the Blue or Yellow hydraulic circuits, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A330-27-3195, 
Revision 01, dated February 6, 2014. Repeat the operational test 
thereafter at intervals not to exceed 48 months. Accomplishing the 
revision of the existing maintenance or inspection program required 
by paragraph (p) of this AD terminates the requirements of this 
paragraph.
    (1) Within 48 months since first flight of the airplane.
    (2) Within 48 months since accomplishing the most recent 
operational test, as specified in Airbus All Operators Telex (AOT) 
A330-27A3185; dated January 4, 2012.
    (3) Within 24 months after September 5, 2014 (the effective date 
of AD 2014-15-09).

(h) Retained Credit for Previous Actions for Paragraph (g) of This AD, 
With Removed References to Model A340 Service Information

    This paragraph restates the credit provided in paragraph (h) of 
AD 2014-15-09, with removed references to Model A340 service 
information. This paragraph provides credit for the actions required 
by paragraph (g) of this AD, if those actions were performed before 
September 5, 2014 (the effective date of AD 2014-15-09) using Airbus 
Service Bulletin A330-27-3195, dated December 7, 2012.

(i) Retained Replacement of Affected SSCs Found During the Test 
Required by Paragraph (g) of This AD, With Removed References to Model 
A340 Service Information

    This paragraph restates the replacement required by paragraph 
(i) of AD 2014-15-09, with removed references to Model A340 service 
information. If, during any operational test required by paragraph 
(g) of this AD, the hydraulic locking function of an SSC fails the 
test, before further flight, replace the affected SSC with a 
serviceable part, in accordance with the Accomplishment Instructions 
of Airbus Service Bulletin A330-27-3195, Revision 01, dated February 
6, 2014.

(j) Retained No Terminating Action for Paragraph (g) of This AD, With 
No Changes

    This paragraph restates the no terminating action statement 
specified in paragraph (j) of AD 2014-15-09, with no changes. Doing 
the replacement required by paragraph (i) of this AD is not 
terminating action for the repetitive operational tests required by 
paragraph (g) of this AD.

(k) Retained Repetitive Operational Tests and Replacement of Affected 
SSCs for Model A330-941 Airplanes, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2020-15-09, with no changes. For Model A330-941 airplanes: Except as 
specified in paragraph (l) of this AD: Comply with all required 
actions and compliance times specified in, and in accordance with, 
European Union Aviation Safety Agency (EASA) AD 2020-0054, dated 
March 11, 2020 (EASA AD 2020-0054). Accomplishing the revision of 
the existing maintenance or inspection program required by paragraph 
(p) of this AD terminates the requirements of this paragraph.

(l) Retained Exceptions to EASA AD 2020-0054, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(h) of AD 2020-15-09, with no changes. The ``Remarks'' section of 
EASA AD 2020-0054 does not apply to this AD.

(m) Retained Revision of the Existing Maintenance or Inspection 
Program, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2022-16-07, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or

[[Page 6055]]

before July 1, 2021: Except as specified in paragraph (n) of this 
AD: Comply with all required actions and compliance times specified 
in, and in accordance with, European Union Aviation Safety Agency 
(EASA) AD 2021-0248, dated November 15, 2021 (EASA AD 2021-0248). 
Accomplishing the revision of the existing maintenance or inspection 
program required by paragraph (p) of this AD terminates the 
requirements of this paragraph.

(n) Retained Exceptions to EASA AD 2021-0248, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(j) of AD 2022-16-07, with no changes.
    (1) Where EASA AD 2021-0248 refers to its effective date, this 
AD requires using September 27, 2022 (the effective date of AD 2022-
16-07).
    (2) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2021-0248 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0248 specifies revising ``the 
approved AMP [aircraft maintenance program]'' within 12 months after 
its effective date, but this AD requires revising the existing 
maintenance or inspection program, as applicable, within 90 days 
after September 27, 2022 (the effective date of AD 2022-16-07).
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA 2021-0248 is at the applicable ``associated 
thresholds,'' as incorporated by the requirements of paragraph (3) 
of EASA AD 2021-0248, or within 90 days after September 27, 2022 
(the effective date of AD 2022-16-07), whichever occurs later.
    (5) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2021-0248 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0248 does not apply 
to this AD.

(o) Retained Provisions on Alternative Actions and Intervals, With a 
New Exception

    This paragraph restates the provisions specified in paragraph 
(k) of AD 2022-16-07, with a new exception. Except as required by 
paragraph (p) of this AD, after the existing maintenance or 
inspection program has been revised as required by paragraph (m) 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 2021-0248.

(p) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (q) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2023-0199, dated November 17, 2023 (EASA AD 
2023-0199). Accomplishing the revision of the existing maintenance 
or inspection program required by this paragraph terminates the 
requirements of paragraphs (g), (k), and (m) of this AD.

(q) Exceptions to EASA AD 2023-0199

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2023-0199.
    (2) Paragraph (3) of EASA AD 2023-0199 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 AD 2023-0199 is at the applicable ``associated 
thresholds'' as incorporated by the requirements of paragraph (3) of 
EASA AD 2023-0199, or within 90 days after the effective date of 
this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in 
paragraphs (4) and (5) of EASA AD 2023-0199.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0199.

(r) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (p) 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 2023-0199.

(s) 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 (t)(1) 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): For any service information 
referenced in EASA AD 2020-0054 that contains RC procedures and 
tests: Except as required by paragraph (s)(2) of this AD, RC 
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.

(t) Additional Information

    (1) For more information about this AD, contact Vladimir 
Ulyanov, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 206-231-3229; email 
[email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (u)(8) and (9) of this AD.

(u) 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.
    (3) The following service information was approved for IBR on 
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0199, 
dated November 17, 2023.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
September 27, 2022 (87 FR 51585, August 23, 2022).
    (i) EASA AD 2021-0248, dated November 15, 2021.
    (ii) [Reserved]
    (5) The following service information was approved for IBR on 
September 3, 2020 (85 FR 45767, July 30, 2020).
    (i) EASA AD 2020-0054, dated March 11, 2020.
    (ii) [Reserved]
    (6) The following service information was approved for IBR on 
September 5, 2014 (79 FR 44663, August 1, 2014).
    (i) Airbus Service Bulletin A330-27-3195, Revision 01, dated 
February 6, 2014.
    (ii) [Reserved]
    (7) For EASA AD 2020-0054, EASA AD 2021-0248, and EASA AD 2023-
0199, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; website 
easa.europa.eu. You may find these EASA ADs on the EASA website at 
ad.easa.europa.eu.
    (8) For Airbus service information, contact Airbus SAS, 
Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 
45 80; email airbus.com">airworthiness.A330-A340@airbus.com; website airbus.com.
    (9) 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.
    (10) 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].


[[Page 6056]]


    Issued on January 24, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-01711 Filed 1-30-24; 8:45 am]
BILLING CODE 4910-13-P
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