Airworthiness Directives; Airbus SAS Airplanes, 45800-45803 [2024-11214]

Download as PDF ddrumheller on DSK120RN23PROD with PROPOSALS1 45800 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Proposed Rules (i) The carrier intends to enroll the individual in the carrier’s Medicare Part D PDP EGWP as described under paragraph (d)(1) of this section, or MAPD EGWP as described under paragraph (d)(2) of this section as applicable, during open season under § 890.301(f), or as a result of a qualifying life event, as applicable; (ii) The individual may affirmatively opt out of group enrollment; (iii) Opting out of group enrollment means that the individual is deciding not to be enrolled in the PSHB plan’s PDP EGWP, or MAPD EGWP if applicable; (iv) The date by which the individual must opt out of group enrollment, if the individual chooses to opt out; (v) The procedure for how an individual affirmatively opts out of group enrollment; (vi) The individual will not receive prescription drug coverage under the PSHB plan if the individual is not enrolled in the PSHB plan’s PDP EGWP, or MAPD EGWP if applicable; and (vii) That no adjustment will be made to the enrollee’s share of the PSHB plan option premium. (4) Additional requirements for PSHB plans providing an MAPD EGWP. If a PSHB plan offers an MAPD EGWP, the carrier must comply with all applicable Medicare requirements and the carrier must also provide the notices as described in (d)(3) of this section. In addition, such notice must state how the individual can enroll in the PSHB plan’s PDP EGWP if the individual is opting out of group enrollment or disenrolling from a PSHB plan’s MAPD EGWP during open season or as a result of a qualifying life event, the date by which the individual must enroll in the PDP EGWP, and must state that if the individual is required to be enrolled in Medicare Part B in order to maintain eligibility for PSHB plan coverage and does not qualify for an exception under § 890.1604, the individual must remain enrolled in Part B. (5) Notices to be shared with OPM. A carrier must provide OPM with the notices under this section and the notices that CMS requires regarding PDP EGWP and MAPD EGWP group enrollment each year, at the time the carrier submits its benefit and rate proposal. (e) Effect of opting out of group enrollment into or disenrolling from a Medicare EGWP. (1) By opting out of group enrollment in a PSHB plan’s Medicare PDP EGWP or MAPD EGWP, as applicable, the individual will not receive prescription drug coverage under the PSHB plan unless, during the open season or pursuant to the VerDate Sep<11>2014 16:23 May 23, 2024 Jkt 262001 qualifying life event in which the individual opted out of group enrollment, the individual elects to enroll in a Part D EGWP under their PSHB plan. (2) A Part D eligible individual may enroll in a PDP EGWP or, if eligible, an MAPD EGWP, under a PSHB plan, under the same conditions that govern enrollment in a PSHB plan during open season or pursuant to a qualifying life event. (3) An individual may disenroll from their PSHB plan’s Part D EGWP at any time during the plan year which means they will not receive prescription drug coverage under the PSHB plan. (f) EGWP prescription drug benefits. A carrier must provide the same prescription drug benefits to Part D eligible individuals under a PSHB plan’s PDP EGWP, and, if applicable, the plan’s MAPD EGWP, as the prescription drug benefits provided to individuals covered under the PSHB plan who are not eligible for Part D and not enrolled in the PSHB plan’s PDP EGWP, or, if applicable, MAPD EGWP, except to the extent necessary, as determined by OPM, to integrate the Medicare Part D prescription drug benefit coverage required under 5 U.S.C. 8903c and this section. [FR Doc. 2024–11127 Filed 5–23–24; 8:45 am] BILLING CODE 6325–63–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–1475; Project Identifier MCAI–2024–00062–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 A319–111, –112, –113, –114, –115, –131, –132, –133, –151N, and –153N airplanes; A320 series airplanes; and A321–211, –212, –213, –231, –232, –251N, –252N, –253N, –271N, –272N, –251NX, –252NX, –253NX, –271NX, and –272NX airplanes. This proposed AD was prompted by a determination that a damage-tolerance and fatigue reassessment of nose landing gear (NLG) repairs is necessary for certain parts SUMMARY: PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 fitted on airplanes approved for operation in the Commonwealth of Independent States (CIS). This proposed AD would require repair and replacement of all affected parts, and introduces restrictions for the installation of affected parts, 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. The FAA must receive comments on this proposed AD by July 8, 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–2024–1475; 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, 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– 2024–1475. • 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: Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone 206–231–3667; email timothy.p.dowling@faa.gov. SUPPLEMENTARY INFORMATION: DATES: E:\FR\FM\24MYP1.SGM 24MYP1 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Proposed Rules 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–2024–1475; Project Identifier MCAI–2024–00062–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 ddrumheller on DSK120RN23PROD with PROPOSALS1 CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone 206–231–3667; email timothy.p.dowling@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background 115, A319–131, A319–132, A319–133, A319–151N, A319–153N, A320–211, A320–212, A320–214, A320–215, A320– 216, A320–231, A320–232, A320–233, A320–251N, A320–252N, A320–253N, A320–271N, A320–272N, A320–273N, A321–211, A321–212, A321–213, A321– 231, A321–232, A321–251N, A321– 251NX, A321–252N, A321–252NX, A321–253N, A321–253NX, A321–271N, A321–271NX, A321–272N, and A321– 272NX airplanes. Model A320–215 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 that a design review led to a determination that a damage-tolerance and fatigue reassessment of NLG repairs is required for certain parts fitted on airplanes approved for CIS operation. The EASA AD addresses the reassessment of these repairs. The unsafe condition, if not addressed, could lead to damage or failure of the affected parts and the NLG, and possible damage to the airplane and injury to occupants, following modifications for CIS operations. Different runway standards in CIS countries have resulted in the need for specific landing gear modifications or repairs on those modified landing gears. The landing gear components modified for CIS runway conditions may be inadequate for continued operation. While it is possible there are few or no U.S. airplanes subject to the repair and replacement requirements of this AD, the FAA has determined that this AD is necessary to identify airplanes with affected parts and confirm the need for any follow-on actions. 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–2024–1475. Related Service Information Under 1 CFR Part 51 EASA AD 2024–0022 specifies procedures for reporting, repair, and replacement, as applicable, of the affected parts. EASA AD 2024–0022 also limits the installation of affected parts under certain conditions. 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. EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2024–0022, dated January 23, 2024 (EASA AD 2024–0022) (also referred to as the FAA’s Determination MCAI), to correct an unsafe condition This product has been approved by for all Airbus SAS Model A319–111, A319–112, A319–113, A319–114, A319– the aviation authority of another VerDate Sep<11>2014 16:23 May 23, 2024 Jkt 262001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 45801 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 2024–0022 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 2024–0022 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2024–0022 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 2024–0022 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 2024–0022. Service information required by EASA AD 2024–0022 for compliance will be available at regulations.gov under Docket No. FAA–2024–1475 after the FAA final rule is published. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 1,680 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: E:\FR\FM\24MYP1.SGM 24MYP1 45802 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product 1 work-hour × $85 per hour = $85 ............................... $0 $85 Cost on U.S. operators Up to $142,800. The FAA has received no definitive data on which to base the cost estimates for the repairs or replacements specified in this proposed AD. The cost of parts could be as high as $5,620 per airplane. the FAA proposes to amend 14 CFR part 39 as follows: 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, VerDate Sep<11>2014 16:23 May 23, 2024 Jkt 262001 (h) Exceptions to EASA AD 2024–0022 PART 39—AIRWORTHINESS DIRECTIVES (1) Where EASA AD 2024–0022 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 2024–0022. 1. The authority citation for part 39 continues to read as follows: (i) Additional AD Provisions 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–2024–1475; Project Identifier MCAI–2024–00062–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by July 8, 2024. (b) Affected ADs None. (c) Applicability This AD applies to all Airbus SAS airplanes identified in paragraphs (c)(1) through (3) of this AD, certificated in any category. (1) Model A319–111, –112, –113, –114, –115, –131, –132, and –133 airplanes. (2) Model A320–211, –212, –214, –216, –231, –232, and –233 airplanes. (3) Model A321–111, –112, –131, –211, –212, –213, –231, –232, and –271N airplanes. (d) Subject Air Transport Association (ATA) of America Code 32, Landing gear. (e) Unsafe Condition This AD was prompted by a determination that a damage-tolerance and fatigue reassessment of nose landing gear (NLG) repairs is necessary for certain parts fitted on airplanes approved for operation in the Commonwealth of Independent States (CIS). The FAA is issuing this AD to address the reassessment of these repairs. The unsafe condition, if not addressed, could lead to damage or failure of the affected parts and the NLG, and possible damage to the airplane and injury to 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, EASA AD 2024–0022, dated January 23, 2024 (EASA AD 2024– 0022). PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 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 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 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. (j) Additional Information For more information about this AD, contact Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 817– 222–5102; email timothy.p.dowling@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. E:\FR\FM\24MYP1.SGM 24MYP1 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Proposed Rules (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 2024–0022, dated January 23, 2024. (ii) [Reserved] (3) For EASA AD 2024–0022, 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 May 16, 2024. Suzanne Masterson, Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service. [FR Doc. 2024–11214 Filed 5–23–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2024–0225] RIN 1625–AA00 Safety Zones; Aerial Drone Displays, Hudson and East Rivers, New York, NY Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to establish specific areas of the Hudson and East Rivers where safety zones will be enforced on the navigable waters beneath aerial drone shows. This action is necessary to protect personnel, vessels, and the marine environment from potential hazards created by aerial drone displays. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector New York or a designated representative. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before June 24, 2024. ADDRESSES: You may submit comments identified by docket number USCG– ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:23 May 23, 2024 Jkt 262001 45803 2024–0225 using the Federal DecisionMaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. This notice of proposed rulemaking with its plain-language, 100word-or-less proposed rule summary will be available in this same docket. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email MST1 Melanie Hughes, Sector New York Waterways Management Division, U.S. Coast Guard; 718–354–4352, melanie.a.hughes1@uscg.mil. SUPPLEMENTARY INFORMATION: drone shows are a safety risk for any human or vessel directly underneath. Additionally, some drone shows in the past have conducted practice shows in the same location as the actual drone show, typically a day or two before the actual event. These practice flights pose the same hazards as the actual shows. For this reason, the Coast Guard proposes to establish safety zones for practice flights as well. Accordingly, the purpose of this rulemaking is to ensure the safety of human life and vessels on the navigable waters of the Hudson and East Rivers underneath drone shows due to the posed hazards. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034. I. Table of Abbreviations III. Discussion of Proposed Rule CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code The COTP is proposing to establish specific areas on the Hudson and East Rivers in which safety zones of limited duration can be enforced underneath aerial drone shows. This action is necessary to protect personnel, vessels, and the marine environment from potential hazards created by aerial drone displays. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the COTP Sector New York or a designated representative. The safety zone for a drone show will last for a limited duration of approximately 10 to 30 minutes while the drones are in the air. The areas permissible for safety zones for drone shows may be anywhere within the two zones described below. Zone 1 will consist of all navigable waters of the Hudson River beginning at a point near Liberty State Park at approximate location 40°42′20.9″ N 74°02′05.7″ W traveling north along the shoreline including Morris Canal Basin to a point approximately 300 yards north of Port Imperial Ferry terminal at approximate position 40°46′41.1″ N, 74°00′30.4″ W thence to Pier 99 Manhattan then traveling south along the shoreline to a point near Whitehall South Ferry terminal and back to the point of origin. Zone 2 will consist of all navigable waters of the East River beginning at a point near Whitehall South Ferry terminal, approximate position 40°42′01.6″ N, 74°00′48.7″ W then travel north along the shoreline to East 90th Street Ferry terminal thence to a point near 27th Ave Hallets Point, Astoria at approximate position 40°46′33.2″ N, 73°56′13.4″ W and then traveling south along the shoreline, excluding Newtown Creek, to a point near Pier 6 Brooklyn and back to the point of origin. II. Background, Purpose, and Legal Basis Since November of 2022, U.S. Coast Guard Sector New York has received 11 requests for drones shows within the Captain of The Port’s (COTP) area of responsibility. Of those 11 requests, eight have either taken place or were planned to take place in areas above the Hudson and East Rivers. In all cases, the sponsors of the drone shows have requested safety zones beneath the drones’ flight path. The request for safety zones is driven by Federal Aviation Administration (FAA) regulation that drones cannot safely fly over human beings. It is becoming increasingly more common to hold drone shows over the water to reduce the number of occupants immediately below a drone show. Typically, drone shows are comprised of approximately 500 to 1,000 lighted drones, weighing approximately four pounds each, moving throughout a predetermined airspace creating images in the night sky. On average, these drones fly between 100 feet and 400 feet above the waterline but can fly as low as 75 feet and reach heights of up to 600 feet. Risks associated with drone shows include, but are not limited to, the overhead hazard created by drones potentially falling from the sky and vessel clearance reduction. Some commercial vessel pilothouses and sailboat masts can reach upwards of 200 feet above the waterline thus creating a potential for colliding with drones midflight. The COTP has determined that the potential hazards associated with PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\24MYP1.SGM 24MYP1

Agencies

[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Proposed Rules]
[Pages 45800-45803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11214]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1475; Project Identifier MCAI-2024-00062-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus SAS Model A319-111, -112, -113, -114, -115, -131, -132, 
-133, -151N, and -153N airplanes; A320 series airplanes; and A321-211, 
-212, -213, -231, -232, -251N, -252N, -253N, -271N, -272N, -251NX, -
252NX, -253NX, -271NX, and -272NX airplanes. This proposed AD was 
prompted by a determination that a damage-tolerance and fatigue 
reassessment of nose landing gear (NLG) repairs is necessary for 
certain parts fitted on airplanes approved for operation in the 
Commonwealth of Independent States (CIS). This proposed AD would 
require repair and replacement of all affected parts, and introduces 
restrictions for the installation of affected parts, 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 July 8, 
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-2024-1475; 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, 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-2024-1475.
     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: Timothy Dowling, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone 206-231-3667; email [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 45801]]

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-2024-1475; Project Identifier 
MCAI-2024-00062-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 
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; phone 206-231-3667; 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 2024-0022, dated January 23, 2024 
(EASA AD 2024-0022) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A319-111, A319-112, A319-113, 
A319-114, A319-115, A319-131, A319-132, A319-133, A319-151N, A319-153N, 
A320-211, A320-212, A320-214, A320-215, A320-216, A320-231, A320-232, 
A320-233, A320-251N, A320-252N, A320-253N, A320-271N, A320-272N, A320-
273N, A321-211, A321-212, A321-213, A321-231, A321-232, A321-251N, 
A321-251NX, A321-252N, A321-252NX, A321-253N, A321-253NX, A321-271N, 
A321-271NX, A321-272N, and A321-272NX airplanes. Model A320-215 
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 that a 
design review led to a determination that a damage-tolerance and 
fatigue reassessment of NLG repairs is required for certain parts 
fitted on airplanes approved for CIS operation. The EASA AD addresses 
the reassessment of these repairs. The unsafe condition, if not 
addressed, could lead to damage or failure of the affected parts and 
the NLG, and possible damage to the airplane and injury to occupants, 
following modifications for CIS operations.
    Different runway standards in CIS countries have resulted in the 
need for specific landing gear modifications or repairs on those 
modified landing gears. The landing gear components modified for CIS 
runway conditions may be inadequate for continued operation. While it 
is possible there are few or no U.S. airplanes subject to the repair 
and replacement requirements of this AD, the FAA has determined that 
this AD is necessary to identify airplanes with affected parts and 
confirm the need for any follow-on actions.
    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-2024-1475.

Related Service Information Under 1 CFR Part 51

    EASA AD 2024-0022 specifies procedures for reporting, repair, and 
replacement, as applicable, of the affected parts. EASA AD 2024-0022 
also limits the installation of affected parts under certain 
conditions. 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 2024-0022 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 2024-0022 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2024-0022 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 2024-0022 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 2024-
0022. Service information required by EASA AD 2024-0022 for compliance 
will be available at regulations.gov under Docket No. FAA-2024-1475 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,680 airplanes of U.S. registry. The FAA estimates the 
following costs to comply with this proposed AD:

[[Page 45802]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                    Cost per
                  Labor cost                      Parts cost        product           Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............              $0              $85   Up to $142,800.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the repairs or replacements specified in this proposed 
AD. The cost of parts could be as high as $5,620 per airplane.

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-2024-1475; Project Identifier MCAI-2024-
00062-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 8, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category.
    (1) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (2) Model A320-211, -212, -214, -216, -231, -232, and -233 
airplanes.
    (3) Model A321-111, -112, -131, -211, -212, -213, -231, -232, 
and -271N airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Unsafe Condition

    This AD was prompted by a determination that a damage-tolerance 
and fatigue reassessment of nose landing gear (NLG) repairs is 
necessary for certain parts fitted on airplanes approved for 
operation in the Commonwealth of Independent States (CIS). The FAA 
is issuing this AD to address the reassessment of these repairs. The 
unsafe condition, if not addressed, could lead to damage or failure 
of the affected parts and the NLG, and possible damage to the 
airplane and injury to 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, EASA AD 2024-0022, dated January 23, 2024 (EASA AD 
2024-0022).

(h) Exceptions to EASA AD 2024-0022

    (1) Where EASA AD 2024-0022 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 
2024-0022.

(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 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.

(j) Additional Information

    For more information about this AD, contact Timothy Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 817-222-5102; 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.

[[Page 45803]]

    (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 2024-0022, 
dated January 23, 2024.
    (ii) [Reserved]
    (3) For EASA AD 2024-0022, 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 May 16, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-11214 Filed 5-23-24; 8:45 am]
BILLING CODE 4910-13-P
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