Airworthiness Directives; Airbus SAS Airplanes, 20360-20362 [2024-06083]
Download as PDF
20360
Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Proposed Rules
Issued on March 11, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–05477 Filed 3–21–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0471; Project
Identifier MCAI–2023–01213–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus SAS Model A300 B4–601, B4–
603, B4–620, B4–622, B4–605R, B4–
622R, C4–605R Variant F, F4–605R, and
F4–622R airplanes, Model A310 series
airplanes, Model A318, A319, A320,
and A321-series airplanes, Model A330–
200, –200 Freighter, and –300 series
airplanes, Model A330–841 and –941
airplanes, and Model A340–211, –212,
–213, –311, –312, –313, –541, and –642
airplanes. This proposed AD was
prompted by reported occurrences of
chemical oxygen generators failing to
activate in service and during
maintenance activities. This proposed
AD would require replacing affected
oxygen generators, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is proposed for
incorporation by reference (IBR). This
proposed AD would also prohibit the
installation of affected parts. The FAA
is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this proposed AD by May 6, 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
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SUMMARY:
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p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–0471; 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 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. It is also available at
regulations.gov under Docket No. FAA–
2024–0471.
• 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.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206–
231–3225; email dan.rodina@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–2024–0471; Project Identifier
MCAI–2023–01213–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
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Fmt 4702
Sfmt 4702
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Dan Rodina, Aviation
Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; telephone 206–231–3225; email
dan.rodina@faa.gov. Any commentary
that the FAA receives which is not
specifically designated as CBI will be
placed in the public docket for this
rulemaking.
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2023–0209,
dated November 22, 2023 (EASA AD
2023–0209) (also referred to as the
MCAI), to correct an unsafe condition
for all Model A300 B4–601, B4–603,
B4–620, B4–622, B4–605R, B4–622R,
C4–620, C4–605R Variant F, F4–605R
and F4–622R airplanes, Model 300 F4–
608ST airplanes, Model A310–203,
–203C, –204, –221, –222, –304, –308,
–322, –324, and –325 airplanes, Model
A318–111, –112, –121, and –122
airplanes, Model A319–111, –112, –113,
–114, –115, –131, –132, –133, –151N,
–153N, and –171N airplanes, Model
A320–211, –212, –214, –215, –216,
–231, –232, –233, –251N, –252N,
–253N, –271N, –272N, and –273N
airplanes, Model A321–111, –112, –131,
–211, –212, –213, –231, –232, –251N,
–252N, –253N, –271N, –272N, –251NX,
–252NX, –253NX, –271NX, and –272NX
airplanes, Model A330–201, –202, –203,
–223, –243, –223F, –243F, –301, –302,
–303, –321, –322, –323, –341, –342,
–343, –743L, –841, and –941 airplanes,
and Model A340–211, –212, –213, 311,
–312, –313, –541, –542, –642, and –643
airplanes. Model A300 F4–608ST, A300
C4–620, A310–203C, A310–308, A320–
215, A330–743L, A340–542, and A340–
643 airplanes are not certificated by the
FAA and are not included on the U.S.
type certificate data sheet; this proposed
AD therefore does not include those
airplanes in the applicability. The MCAI
states occurrences were reported of
chemical oxygen generators failing to
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Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Proposed Rules
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
activate in service and during
maintenance activities. Subsequent
investigations identified poor reactivity
of the start powder used inside the
oxygen generator. This condition, if not
corrected, could lead to a reduction of
the available oxygen capacity of the
airplane, possibly resulting in injury to
the airplane occupants.
The FAA is proposing this AD to
address the unsafe condition on these
products.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2024–0471.
Proposed AD Requirements in This
NPRM
Related Service Information Under 1
CFR Part 51
EASA AD 2023–0209 specifies
procedures for replacing affected oxygen
generators, which includes reporting
and returning affected parts to the
manufacturer. EASA AD 2023–0209 also
prohibits the installation of affected
parts. 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
This proposed AD would require
accomplishing the actions specified in
EASA AD 2023–0209 described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate EASA AD 2023–0209 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2023–0209
in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
EASA AD 2023–0209 does not mean
that operators need comply only with
that section. For example, where the AD
requirement refers to ‘‘all required
actions and compliance times,’’
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in EASA AD 2023–0209.
Service information required by EASA
AD 2023–0209 for compliance will be
available at regulations.gov under
Docket No. FAA–2024–0471 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 1,975
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Parts cost
Replacement .............................
Return of parts ..........................
Reporting ..................................
1 work-hour × $85 per hour = $85 ....................
5 work-hours × $85 per hour = $425 ................
1 work-hour × $85 per hour = $85 ....................
Cost per
product
$500
0
0
$585
425
85
Cost on U.S.
operators
$585 per oxygen generator.*
$425 per oxygen generator.*
$167,875.
* Based upon various airplane sizes and configurations there could, on average, be 30 affected generators per airplane.
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Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to a penalty for failure to comply with
a collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a current valid
OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public
reporting for this collection of
information is estimated to take
approximately 1 hour per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
All responses to this collection of
information are mandatory. Send
comments regarding this burden
estimate or any other aspect of this
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18:08 Mar 21, 2024
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collection of information, including
suggestions for reducing this burden, to:
Information Collection Clearance
Officer, Federal Aviation
Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
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.
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
Regulatory Findings
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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
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Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Proposed Rules
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Airbus SAS: Docket No. FAA–2024–0471;
Project Identifier MCAI–2023–01213–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by May 6, 2024.
ddrumheller on DSK120RN23PROD with PROPOSALS1
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS
airplanes, certificated in any category,
identified in paragraphs (c)(1) through (8) of
this AD.
(1) Model A300 B4–601, B4–603, B4–620,
B4–622, B4–605R, B4–622R, C4–605R
Variant F, F4–605R, and F4–622R airplanes.
(2) Model A310–203, –204, –221, –222,
–304, –322, –324, and –325 airplanes.
(3) Model A318–111, –112, –121, and –122
airplanes.
(4) Model A319–111, –112, –113, –114,
–115, –131, –132, –133, –151N, –153N, and
–171N airplanes.
(5) Model A320–211, –212, –214, –216,
–231, –232, –233, –251N, –252N, –253N,
–271N, –272N, and –273N airplanes.
(6) Model A321–111, –112, –131, –211,
–212, –213, –231, –232, –251N, –252N,
–253N, –271N, –272N, –251NX, –252NX,
–253NX, –271NX, and –272NX airplanes.
(7) Model A330–201, –202, –203, –223,
–223F, –243, –243F, –301, –302, –303, –321,
–322, –323, –341, –342, –343, –841, and –941
airplanes.
(8) Model A340–211, –212, –213, 311,
–312, –313, –541, and –642 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by reported
occurrences of chemical oxygen generators
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failing to activate in service and during
maintenance activities. The FAA is issuing
this AD to address poor reactivity of the start
powder used inside the affected oxygen
generators. The unsafe condition, if not
addressed, could lead to a reduction of the
available oxygen capacity of the airplane and
could result in injury to airplane occupants.
(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 2023–0209, dated
November 22, 2023 (EASA AD 2023–0209).
(h) Exceptions to EASA AD 2023–0209
(1) Where EASA AD 2023–0209 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where paragraph (1) of EASA AD 2023–
0209 specifies ‘‘in accordance with the
instructions of the AOT,’’ this AD requires
replacing that text with ‘‘in accordance with
paragraph 5.6 of the AOT.’’
(3) The service information referenced in
EASA AD 2023–0209 specifies to report
inspection results to Airbus and return
affected oxygen generators to Collins
Aerospace. For this AD, report inspection
results and return affected oxygen generators
at the applicable time specified in paragraph
(h)(3)(i) or (ii) of this AD.
(i) If the affected oxygen generator was
replaced on or after the effective date of this
AD: Submit the report and return the affected
oxygen generator within 40 days after the
replacement.
(ii) If the affected oxygen generator was
replaced before the effective date of this AD:
Submit the report and return the affected
oxygen generator within 40 days after the
effective date of this AD.
(4) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0209.
(i) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to the address identified in
paragraph (j) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
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Branch, FAA; or EASA; or Airbus SAS’s
EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must
include the DOA-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (i)(2) of this AD, if
any service information referenced in EASA
AD 2023–0209 contains paragraphs that are
labeled as RC, the instructions in RC
paragraphs, including subparagraphs under
an RC paragraph, must be done to comply
with this AD; any paragraphs, including
subparagraphs under those paragraphs, that
are not identified as RC are recommended.
The instructions in paragraphs, including
subparagraphs under those paragraphs, 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 instructions identified
as RC can be done and the airplane can be
put back in an airworthy condition. Any
substitutions or changes to instructions
identified as RC require approval of an
AMOC.
(j) Additional Information
For more information about this AD,
contact Dan Rodina, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 206–
231–3225; email dan.rodina@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0209, dated November 22,
2023.
(ii) [Reserved]
(3) EASA AD 2023–0209, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000; email
ADs@easa.europa.eu; website
easa.europa.eu. You may find this EASA AD
on the EASA website at ad.easa.europa.eu.
(4) You may view this 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.
(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 March 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–06083 Filed 3–21–24; 8:45 am]
BILLING CODE 4910–13–P
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Agencies
[Federal Register Volume 89, Number 57 (Friday, March 22, 2024)]
[Proposed Rules]
[Pages 20360-20362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06083]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0471; Project Identifier MCAI-2023-01213-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 adopt a new airworthiness directive (AD)
for all Airbus SAS Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R,
B4-622R, C4-605R Variant F, F4-605R, and F4-622R airplanes, Model A310
series airplanes, Model A318, A319, A320, and A321-series airplanes,
Model A330-200, -200 Freighter, and -300 series airplanes, Model A330-
841 and -941 airplanes, and Model A340-211, -212, -213, -311, -312, -
313, -541, and -642 airplanes. This proposed AD was prompted by
reported occurrences of chemical oxygen generators failing to activate
in service and during maintenance activities. This proposed AD would
require replacing affected oxygen generators, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference (IBR). This proposed AD would also prohibit
the installation of affected parts. The FAA is proposing this AD to
address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by May 6,
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-2024-0471; 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 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. It is
also available at regulations.gov under Docket No. FAA-2024-0471.
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.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3225; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2024-0471; Project Identifier
MCAI-2023-01213-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Dan
Rodina, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3225; email [email protected].
Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0209, dated November 22, 2023
(EASA AD 2023-0209) (also referred to as the MCAI), to correct an
unsafe condition for all Model A300 B4-601, B4-603, B4-620, B4-622, B4-
605R, B4-622R, C4-620, C4-605R Variant F, F4-605R and F4-622R
airplanes, Model 300 F4-608ST airplanes, Model A310-203, -203C, -204, -
221, -222, -304, -308, -322, -324, and -325 airplanes, Model A318-111,
-112, -121, and -122 airplanes, Model A319-111, -112, -113, -114, -115,
-131, -132, -133, -151N, -153N, and -171N airplanes, Model A320-211, -
212, -214, -215, -216, -231, -232, -233, -251N, -252N, -253N, -271N, -
272N, and -273N airplanes, Model A321-111, -112, -131, -211, -212, -
213, -231, -232, -251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -
253NX, -271NX, and -272NX airplanes, Model A330-201, -202, -203, -223,
-243, -223F, -243F, -301, -302, -303, -321, -322, -323, -341, -342, -
343, -743L, -841, and -941 airplanes, and Model A340-211, -212, -213,
311, -312, -313, -541, -542, -642, and -643 airplanes. Model A300 F4-
608ST, A300 C4-620, A310-203C, A310-308, A320-215, A330-743L, A340-542,
and A340-643 airplanes are not certificated by the FAA and are not
included on the U.S. type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability. The
MCAI states occurrences were reported of chemical oxygen generators
failing to
[[Page 20361]]
activate in service and during maintenance activities. Subsequent
investigations identified poor reactivity of the start powder used
inside the oxygen generator. This condition, if not corrected, could
lead to a reduction of the available oxygen capacity of the airplane,
possibly resulting in injury to the airplane occupants.
The FAA is proposing this AD to address the unsafe condition on
these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-0471.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0209 specifies procedures for replacing affected
oxygen generators, which includes reporting and returning affected
parts to the manufacturer. EASA AD 2023-0209 also prohibits the
installation of affected parts. 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
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0209 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0209 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0209 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2023-0209 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0209. Service information required by EASA AD 2023-0209 for compliance
will be available at regulations.gov under Docket No. FAA-2024-0471
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1,975 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Replacement......................... 1 work-hour x $85 per $500 $585 $585 per oxygen
hour = $85. generator.*
Return of parts..................... 5 work-hours x $85 per 0 425 $425 per oxygen
hour = $425. generator.*
Reporting........................... 1 work-hour x $85 per 0 85 $167,875.
hour = $85.
----------------------------------------------------------------------------------------------------------------
* Based upon various airplane sizes and configurations there could, on average, be 30 affected generators per
airplane.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
[[Page 20362]]
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Airbus SAS: Docket No. FAA-2024-0471; Project Identifier MCAI-2023-
01213-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 6, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes, certificated in any
category, identified in paragraphs (c)(1) through (8) of this AD.
(1) Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, B4-622R,
C4-605R Variant F, F4-605R, and F4-622R airplanes.
(2) Model A310-203, -204, -221, -222, -304, -322, -324, and -325
airplanes.
(3) Model A318-111, -112, -121, and -122 airplanes.
(4) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
(5) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
(6) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX,
and -272NX airplanes.
(7) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301,
-302, -303, -321, -322, -323, -341, -342, -343, -841, and -941
airplanes.
(8) Model A340-211, -212, -213, 311, -312, -313, -541, and -642
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by reported occurrences of chemical oxygen
generators failing to activate in service and during maintenance
activities. The FAA is issuing this AD to address poor reactivity of
the start powder used inside the affected oxygen generators. The
unsafe condition, if not addressed, could lead to a reduction of the
available oxygen capacity of the airplane and could result in injury
to airplane occupants.
(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
2023-0209, dated November 22, 2023 (EASA AD 2023-0209).
(h) Exceptions to EASA AD 2023-0209
(1) Where EASA AD 2023-0209 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2023-0209 specifies ``in
accordance with the instructions of the AOT,'' this AD requires
replacing that text with ``in accordance with paragraph 5.6 of the
AOT.''
(3) The service information referenced in EASA AD 2023-0209
specifies to report inspection results to Airbus and return affected
oxygen generators to Collins Aerospace. For this AD, report
inspection results and return affected oxygen generators at the
applicable time specified in paragraph (h)(3)(i) or (ii) of this AD.
(i) If the affected oxygen generator was replaced on or after
the effective date of this AD: Submit the report and return the
affected oxygen generator within 40 days after the replacement.
(ii) If the affected oxygen generator was replaced before the
effective date of this AD: Submit the report and return the affected
oxygen generator within 40 days after the effective date of this AD.
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0209.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information referenced
in EASA AD 2023-0209 contains paragraphs that are labeled as RC, the
instructions in RC paragraphs, including subparagraphs under an RC
paragraph, must be done to comply with this AD; any paragraphs,
including subparagraphs under those paragraphs, that are not
identified as RC are recommended. The instructions in paragraphs,
including subparagraphs under those paragraphs, 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 instructions identified as RC can
be done and the airplane can be put back in an airworthy condition.
Any substitutions or changes to instructions identified as RC
require approval of an AMOC.
(j) Additional Information
For more information about this AD, contact Dan Rodina, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 206-231-3225; email [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0209,
dated November 22, 2023.
(ii) [Reserved]
(3) EASA AD 2023-0209, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) You may view this 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.
(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].
Issued on March 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-06083 Filed 3-21-24; 8:45 am]
BILLING CODE 4910-13-P