Airworthiness Directives; Airbus SAS Airplanes, 25191-25194 [2024-07574]
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Proposed Rules
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 adding
the following new airworthiness
directive:
■
ddrumheller on DSK120RN23PROD with PROPOSALS1
Dassault Aviation: Docket No. FAA–2024–
0999; Project Identifier MCAI–2023–
01262–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by May 28,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Dassault Aviation
Model FALCON 7X airplanes, certificated in
any category.
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(d) Subject
Air Transport Association (ATA) of
America Code 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by a determination
that certain left-hand (LH) and right-hand
(RH) pylon bleed air leak detectors (BALDs)
might be defective, due to incorrect
manufacturing processes and incomplete
acceptance test procedures. The FAA is
issuing this AD to address the possible
presence of defective LH and RH pylon
BALDs. The unsafe condition, if not
addressed, could result in undetected pylon
overheat, possibly resulting in structural
degradation or uncontrolled fire.
(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 2023–0216, dated
December 18, 2023 (EASA AD 2023–0216).
(h) Exceptions to EASA AD 2023–0216
(1) Where EASA AD 2023–0216 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where the group definitions in EASA
AD 2023–0216 specify ‘‘the SB,’’ this AD
requires replacing that text with ‘‘Dassault
Service Bulletin 7X–572, Erratum, dated
October 24, 2023.’’
(3) Where the service information
referenced in EASA AD 2023–0216 refers to
‘‘suspicious traces,’’ this AD requires
replacing that text with ‘‘burn marks or signs
of overheating.’’
(4) Where EASA AD 2023–0216 refers to
‘‘any discrepancy,’’ this AD requires
replacing that text with ‘‘any routing
interference, burn marks, signs of
overheating, or any specified CAS message
that does not show on a Primary Display Unit
(PDU) during testing.’’
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0216.
(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
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
25191
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or EASA; or Dassault
Aviation’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(j) Additional Information
For more information about this AD,
contact Tom Rodriguez, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: 206–231–
3226; email: tom.rodriguez@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 2023–0216, dated December 18,
2023.
(ii) [Reserved]
(3) For EASA AD 2023–0216, 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 April 4, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–07563 Filed 4–9–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–1001; Project
Identifier MCAI–2023–01129–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Proposed Rules
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus SAS Model A350–941 and –1041
airplanes. This proposed AD was
prompted by reports that certain engine
bleed air system (EBAS) T-Ducts may
not conform to the type design due to
a quality escape not detected during the
manufacturing process on Rolls-Royce
Trent XWB–75, Trent XWB–84, and
Trent XWB–97 engines. This proposed
AD would require replacement of
affected EBAS T-Ducts and limit the
installation of affected parts under
certain conditions, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is proposed for
incorporation by reference (IBR). The
FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this proposed AD by May 28, 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–2024–1001; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For material that is proposed for
IBR in this AD, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
email ADs@easa.europa.eu; website
easa.europa.eu. You may find this
material on the EASA website at
ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA–
2024–1001.
• 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: Dat
Le, Aviation Safety Engineer, FAA, 1600
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
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Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone: 516–228–7300;
email: 9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2024–1001; Project Identifier
MCAI–2023–01129–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; telephone: 516–228–7300; email:
9-avs-nyaco-cos@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 2023–0189,
dated October 31, 2023 (EASA AD
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
2023–0189) (also referred to as the
MCAI), to correct an unsafe condition
for all Airbus SAS Model A350–941 and
–1041 airplanes. The MCAI states a subsupplier to Rolls-Royce for bleed ducts
on Trent XWB–75, Trent XWB–84, and
Trent XWB–97 engines reported that
certain EBAS T-Ducts may not conform
to the type design due to a quality
escape not detected during the
manufacturing process. Affected EBAS
T-Ducts have Part Number RR03–
11011–001 and serial number listed in
the Appendix 1 of Rolls Royce Alert
Non-Modification Service Bulletin
(NMSB) Trent XWB 36–AK870, dated
September 29, 2023.
The FAA is proposing this AD to
address cracking of certain EBAS TDucts on Rolls-Royce (RR) Trent XWB–
75, Trent XWB–84 and Trent XWB–97
engines. The unsafe condition, if not
addressed, could result in cracking of
the affected part with consequent air
leakage, which could result in high
energy debris release (uncontained
engine rotor failure), an uncontrolled
engine fire, and subsequent loss of
control of the airplane.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2024–1001.
Related Service Information Under 1
CFR Part 51
EASA AD 2023–0189 specifies
procedures for replacement of affected
EBAS T-Ducts. EASA AD 2023–0189
also limits 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 2023–0189 described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Proposed Rules
proposed AD would, therefore, require
compliance with EASA AD 2023–0189
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 2023–0189 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
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 2023–0189 by
reference in the FAA final rule. This
25193
‘‘Required Action(s) and Compliance
Time(s)’’ in EASA AD 2023–0189.
Service information required by EASA
AD 2023–0189 for compliance will be
available at regulations.gov under
Docket No. FAA–2024–1001 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 32
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Up to 2 work-hours × $85 per hour = $170 ...................................................................
$128,555
ddrumheller on DSK120RN23PROD with PROPOSALS1
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
VerDate Sep<11>2014
17:32 Apr 09, 2024
Jkt 262001
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.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Airbus SAS: Docket No. FAA–2024–1001;
Project Identifier MCAI–2023–01129–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by May 28,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model
A350–941 and –1041 airplanes, certificated
in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by reports that
certain engine bleed air system (EBAS) T-
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
Up to $128,725.
Cost on U.S.
operators
Up to $4,119,200.
Ducts on Rolls-Royce Trent XWB–75, Trent
XWB–84, and Trent XWB–97 engines may
not conform to the type design due to a
quality escape not detected during the
manufacturing process. The FAA is issuing
this AD to address cracking of certain EBAS
T-Ducts on Rolls-Royce (RR) Trent XWB–75,
Trent XWB–84 and Trent XWB–97 engines.
The unsafe condition, if not addressed, could
result in cracking of the affected part with
consequent air leakage, which could result in
high energy debris release (uncontained
engine rotor failure), an uncontrolled engine
fire, and subsequent loss of control of the
airplane.
(f) Compliance
■
§ 39.13
Cost per product
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 2023–0189, dated
October 31, 2023 (EASA AD 2023–0189).
(h) Exceptions to EASA AD 2023–0189
(1) Where EASA AD 2023–0189 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0189.
(3) Where the definition of affected part in
EASA AD 2023–0189 specifies ‘‘as listed in
the APPENDIX 1 of the NMSB,’’ replace that
text with ‘‘as listed in the APPENDIX 1 of
Rolls-Royce ALERT Non-Modification
Service Bulletin TRENT XWB 36–AK870,
dated September 29, 2023.’’
(i) Special Flight Permit
Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199
to operate the airplane to a location where an
EBAS T-Duct can be replaced, provided only
one EBAS T-Ducts requires replacement.
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Proposed Rules
(j) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to the address identified in
paragraph (k) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or EASA; or Airbus SAS’s
EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must
include the DOA-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (j)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
ddrumheller on DSK120RN23PROD with PROPOSALS1
(k) Additional Information
For more information about this AD,
contact Dat Le, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 516–228–
7300; email: 9-avs-nyaco-cos@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0189, dated October 31,
2023.
(ii) [Reserved]
(3) For EASA AD 2023–0189, 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
VerDate Sep<11>2014
17:32 Apr 09, 2024
Jkt 262001
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 April 4, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–07574 Filed 4–9–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0997; Project
Identifier MCAI–2022–01306–R]
RIN 2120–AA64
Airworthiness Directives; Leonardo
S.p.a. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Leonardo S.p.a. Model AB139 and
AW139 helicopters. This proposed AD
was prompted by multiple reports of
cracks found on tail rotor (TR) damper
bracket assemblies. This proposed AD
would require accomplishing repetitive
detailed visual inspections (DVIs) of
certain part-numbered TR damper
bracket assemblies for corrosion and
cracks and, depending on the results,
taking corrective action. This proposed
AD would also prohibit installing an
affected TR damper bracket assembly
unless it is new. These actions are
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
proposed for incorporation by reference.
The FAA is proposing this AD to
address the unsafe condition on these
products.
DATES: The FAA must receive comments
on this NPRM by May 28, 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–
SUMMARY:
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
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–2024–0997; 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, any comments
received, and other information. The
street address for Docket Operations is
listed above.
Material Incorporated by Reference:
• For EASA material, contact EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
internet easa.europa.eu. You may find
the EASA material on the EASA website
at ad.easa.europa.eu.
• You may view this material at the
FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX
76177. For information on the
availability of this material at the FAA,
call (817) 222–5110. The EASA material
is also available at regulations.gov under
Docket No. FAA–2024–0997.
Other Related Service Information:
For Leonardo Helicopters service
information, contact Leonardo S.p.A.,
Emanuele Bufano, Head of
Airworthiness, Viale G. Agusta 520,
21017 C. Costa di Samarate (Va) Italy;
telephone (+39) 0331–225074; fax (+39)
0331–229046; or at
customerportal.leonardocompany.com/
en-US/. You may also view this service
information at the FAA contact
information under Material
Incorporated by Reference above.
FOR FURTHER INFORMATION CONTACT:
Sungmo Cho, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (781) 238–
7241; email: Sungmo.D.Cho@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–2024–0997; Project Identifier
MCAI–2022–01306–R’’ 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
E:\FR\FM\10APP1.SGM
10APP1
]]>Agencies
[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Proposed Rules]
[Pages 25191-25194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07574]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1001; Project Identifier MCAI-2023-01129-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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[[Page 25192]]
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD
was prompted by reports that certain engine bleed air system (EBAS) T-
Ducts may not conform to the type design due to a quality escape not
detected during the manufacturing process on Rolls-Royce Trent XWB-75,
Trent XWB-84, and Trent XWB-97 engines. This proposed AD would require
replacement of affected EBAS T-Ducts and limit the installation of
affected parts under certain conditions, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference (IBR). The FAA is proposing this AD to
address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by May 28,
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-2024-1001; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For material that is proposed for IBR in this 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-2024-1001.
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: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-
7300; 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-2024-1001; Project Identifier
MCAI-2023-01129-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Dat
Le, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 516-228-7300; 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 2023-0189, dated October 31, 2023
(EASA AD 2023-0189) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes.
The MCAI states a sub-supplier to Rolls-Royce for bleed ducts on Trent
XWB-75, Trent XWB-84, and Trent XWB-97 engines reported that certain
EBAS T-Ducts may not conform to the type design due to a quality escape
not detected during the manufacturing process. Affected EBAS T-Ducts
have Part Number RR03-11011-001 and serial number listed in the
Appendix 1 of Rolls Royce Alert Non-Modification Service Bulletin
(NMSB) Trent XWB 36-AK870, dated September 29, 2023.
The FAA is proposing this AD to address cracking of certain EBAS T-
Ducts on Rolls-Royce (RR) Trent XWB-75, Trent XWB-84 and Trent XWB-97
engines. The unsafe condition, if not addressed, could result in
cracking of the affected part with consequent air leakage, which could
result in high energy debris release (uncontained engine rotor
failure), an uncontrolled engine fire, and subsequent loss of control
of the airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-1001.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0189 specifies procedures for replacement of affected
EBAS T-Ducts. EASA AD 2023-0189 also limits 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 2023-0189 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
[[Page 25193]]
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 2023-0189 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0189 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 2023-0189 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-
0189. Service information required by EASA AD 2023-0189 for compliance
will be available at regulations.gov under Docket No. FAA-2024-1001
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 32 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 2 work-hours x $85 per hour $128,555 Up to $128,725. Up to $4,119,200.
= $170.
----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Airbus SAS: Docket No. FAA-2024-1001; Project Identifier MCAI-2023-
01129-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 28, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by reports that certain engine bleed air
system (EBAS) T-Ducts on Rolls-Royce Trent XWB-75, Trent XWB-84, and
Trent XWB-97 engines may not conform to the type design due to a
quality escape not detected during the manufacturing process. The
FAA is issuing this AD to address cracking of certain EBAS T-Ducts
on Rolls-Royce (RR) Trent XWB-75, Trent XWB-84 and Trent XWB-97
engines. The unsafe condition, if not addressed, could result in
cracking of the affected part with consequent air leakage, which
could result in high energy debris release (uncontained engine rotor
failure), an uncontrolled engine fire, and subsequent loss of
control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0189, dated October 31, 2023 (EASA AD 2023-0189).
(h) Exceptions to EASA AD 2023-0189
(1) Where EASA AD 2023-0189 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0189.
(3) Where the definition of affected part in EASA AD 2023-0189
specifies ``as listed in the APPENDIX 1 of the NMSB,'' replace that
text with ``as listed in the APPENDIX 1 of Rolls-Royce ALERT Non-
Modification Service Bulletin TRENT XWB 36-AK870, dated September
29, 2023.''
(i) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a location where an
EBAS T-Duct can be replaced, provided only one EBAS T-Ducts requires
replacement.
[[Page 25194]]
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (k) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(k) Additional Information
For more information about this AD, contact Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone: 516-228-7300; email: [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0189,
dated October 31, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0189, 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 April 4, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-07574 Filed 4-9-24; 8:45 am]
BILLING CODE 4910-13-P
