Airworthiness Directives; DAHER (Type Certificate Previously Held by SOCATA) Airplanes, 47879-47882 [2024-12046]

Download as PDF 47879 Proposed Rules Federal Register Vol. 89, No. 108 Tuesday, June 4, 2024 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–1480; Project Identifier MCAI–2023–00930–A] RIN 2120–AA64 Airworthiness Directives; DAHER (Type Certificate Previously Held by SOCATA) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2016–08–08, which applies to all SOCATA (type certificate now held by DAHER) Model MS 880B, MS 885, MS 892A–150, MS 892E–150, MS 893A, MS 893E, MS 894A, MS 894E, Rallye 100S, Rallye 150ST, Rallye 150T, Rallye 235C, and Rallye 235E airplanes. AD 2016– 08–08 requires doing repetitive detailed visual inspections of the intersection between the axle radius and the nose landing gear (NLG) fork area for chafing; doing repetitive dye penetrant inspections on the NLG wheel axle for cracks, distortion, and nicks or wear; doing corrective actions if necessary; and replacing the NLG wheel axle attachment screws with new screws. Since the FAA issued AD 2016–08–08, the European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, superseded the previous EASA AD to introduce a new inspection method and a new design for the affected NLG wheel axle that provides terminating action for the repetitive inspections, as specified in updated service information published by the manufacturer. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this NPRM by July 19, 2024. ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:04 Jun 03, 2024 Jkt 262001 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–2024–1480; 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 service information, contact Daher Aerospace, Customer Support, Airplane Division, 65921 Tarbes Cedex 9, France; phone: 33 (0)5 62.41.73.00; email: tbmcare@daher.com; website: daher.com. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222–5110. FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (206) 231– 2346; email: fred.guerin@faa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: 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–2024–1480; Project Identifier MCAI–2023–00930–A’’ 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 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 all comments received by the closing date and may amend the 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 Fred Guerin, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA issued AD 2016–08–08, Amendment 39–18484 (81 FR 21711, April 13, 2016) (AD 2016–08–08), for SOCATA (type certificate now held by DAHER) Model MS 880B, MS 885, MS 892A–150, MS 892E–150, MS 893A, MS 893E, MS 894A, MS 894E, Rallye 100S, Rallye 150ST, Rallye 150T, Rallye 235C, and Rallye 235E airplanes. AD 2016– 08–08 was prompted by MCAI originated by EASA. EASA issued AD 2015–0203, dated October 7, 2015 (EASA AD 2015–0203) to correct an unsafe condition identified as fatigue failure of the NLG wheel axle. EASA AD 2015–0203 required retaining the requirements of Direction Générale de l’Aviation Civile (DGAC) France AD 91– E:\FR\FM\04JNP1.SGM 04JNP1 47880 Federal Register / Vol. 89, No. 108 / Tuesday, June 4, 2024 / Proposed Rules 163(A)R2, dated March 30, 1994, which was superseded, but required those actions to be accomplished within reduced intervals. AD 2016–08–08 requires doing repetitive detailed visual inspections of the intersection between the axle radius and the NLG fork area for chafing; doing repetitive dye penetrant inspections on the NLG wheel axle for cracks, distortion, and nicks or wear; corrective actions if necessary; and replacing the NLG wheel axle attachment screws with new screws. The FAA issued AD 2016– 08–08 to address chafing and cracking of the NLG wheel axle, which could lead to failure of the NLG with consequent damage to the airplane and/ or injury to occupants. Actions Since AD 2016–08–08 Was Issued Since the FAA issued AD 2016–08– 08, EASA superseded EASA AD 2015– 0203 and issued EASA AD 2023–0080, dated April 17, 2023 (EASA AD 2023– 0080) (also referred to as the MCAI) to correct an unsafe condition for all DAHER AEROSPACE Model MS 880 B, MS 880 B–D, MS 881, MS 883, MS 884, MS 885, MS 886, MS 887, MS 890 A, MS 890 B, MS 892 A.150, MS 892 B.150, MS 892 E.150, MS 892 E–D.150, MS 893 A, MS 893 B, MS 893 E, MS 893 E–D, MS 894 A, MS 894 E, RALLYE 100 S, RALLYE 100 S–D, RALLYE 100 ST, RALLYE 100 ST–D, RALLYE 110 ST, RALLYE 150 ST, RALLYE 150 ST–D, RALLYE 150 T, RALLYE 150 T–D, RALLYE 150 SV, RALLYE 150 SVS, RALLYE 180 T, RALLYE 180 TS, RALLYE 180 T–D, RALLYE 235 A, RALLYE 235 F, RALLYE 235 E, and RALLYE 235 E–D airplanes. The MCAI states that it retains the requirements of EASA AD 2015–0203 but introduces a new inspection method and a new design of the NLG wheel axle as a terminating action for the repetitive detailed inspections. The FAA is issuing this AD to address chafing and cracking of the NLG wheel axle, which could lead to failure of the NLG with consequent damage to the airplane and injury to occupants. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2024–1480. Related Service Information Under 1 CFR Part 51 The FAA reviewed Daher Service Bulletin SB 150–32, Revision 4, dated January 2023. This service information specifies procedures for preparing, inspecting, replacing, and reconditioning the NLG wheel axle. This service information also specifies procedures for replacing the NLG wheel axle attachment screws. This service information 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 These products have been approved by the aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI and service information referenced above. The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design. Proposed AD Requirements in This NPRM This proposed AD would retain none of the requirements of AD 2016–08–08. This proposed AD would require repetitively inspecting the NLG wheel axle and, if chafing, cracking, or damage is found, installing the newly designed NLG wheel axle, which would terminate the need for the repetitive inspections. This proposed AD would also require repetitively replacing the NLG wheel axle attachment screws. Differences Between This Proposed AD and the MCAI The applicability of the MCAI includes DAHER AEROSPACE Model MS 886, MS 887, MS 890 A, MS 890 B, MS 892 B.150, MS 892 E–D.150, MS 893 B, MS 893 E–D, RALLYE 100 S–D, RALLYE 100 ST, RALLYE 100 ST–D, RALLYE 110 ST, RALLYE 150 ST–D, RALLYE 150 T–D, RALLYE 150 SV, RALLYE 150 SVS, RALLYE 180 T, RALLYE 180 TS, RALLYE 180 T–D, RALLYE 235 A, RALLYE 235 F, and RALLYE 235 E–D airplanes and the applicability of this proposed AD would not because these models do not have an FAA type certificate. 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: ddrumheller on DSK120RN23PROD with PROPOSALS1 ESTIMATED COSTS Cost on U.S. operators Action Labor cost Parts cost Cost per product Magnetic particle inspection ................. Inspection of the NLG wheel bearing and axle surface and attachment screws. NLG wheel axle attachment screw replacement. 1 work-hour × $85 per hour = $85 ...... 2 work-hours × $85 per hour = $170 (per inspection cycle). $100 ...................... $100 ...................... $185 ...................... $270 (per inspection cycle). $5,920. $8,640. 1 work-hour × $85 per hour = $85 (per cycle). $50 (per cycle) ..... $135 (per cycle) ... $4,320 (per cycle). The FAA estimates the following costs to do any necessary actions that would be required based on the results of the proposed inspections. The agency has no way of determining the number of airplanes that might need these actions: ON-CONDITION COSTS Action Labor cost Parts cost Cost per product Installation of a nose gear wheel axle (including NLG wheel spacer). 2 work-hours × $85 per hour = $170 ........................... $1,000 $1,170 VerDate Sep<11>2014 16:04 Jun 03, 2024 Jkt 262001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\04JNP1.SGM 04JNP1 Federal Register / Vol. 89, No. 108 / Tuesday, June 4, 2024 / Proposed Rules 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 that the 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 ddrumheller on DSK120RN23PROD with PROPOSALS1 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: VerDate Sep<11>2014 17:22 Jun 03, 2024 Jkt 262001 a. Removing Airworthiness Directive 2016–08–08, Amendment 39–18484 (81 FR 21711, April 13, 2016); and ■ b. Adding the following new airworthiness directive: ■ DAHER (Type Certificate previously held by SOCATA): Docket No. FAA–2024–1480; Project Identifier MCAI–2023–00930–A. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by July 19, 2024. (b) Affected ADs This AD replaces AD 2016–08–08, Amendment 39–18484 (81 FR 21711, April 13, 2016). (c) Applicability This AD applies to DAHER (type certificate previously held by SOCATA) Model MS 880B, MS 885, MS 892A–150, MS 892E–150, MS 893A, MS 893E, MS 894A, MS 894E, Rallye 100S, Rallye 150ST, Rallye 150T, Rallye 235C, and Rallye 235E airplanes, all serial numbers, certificated in any category. (d) Subject Joint Aircraft System Component (JASC) Code 3220, Nose/Tail Landing Gear. (e) Unsafe Condition This AD was prompted by a report of a nose landing gear (NLG) wheel axle rupture in service. The FAA is issuing this AD to address chafing and cracking of the NLG wheel axle. The unsafe condition, if not addressed, could lead to failure of the NLG with consequent damage to the airplane and injury to occupants. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Definitions For the purposes of this AD the following definitions apply: (1) Group 1 Airplanes: Airplanes having any affected parts installed as of the effective date of this AD. (2) Group 2 Airplanes: Airplanes that do not have any affected parts installed as of the effective date of this AD. (3) Affected Parts: NLG wheel axles having part number (P/N) 8954200270 and NLG wheel spacer having P/N 8954200260. (4) Serviceable Parts: NLG wheel axles having P/N AV–RAL–001–01 and NLG wheel spacer having P/N AV–RAL–002–01. (5) New Part: Any part that has zero hours time-in-service (TIS). (h) Inspections and Axle Replacement for Group 1 Airplanes (1) Within 200 hours TIS after the effective date of this AD, and thereafter at intervals not to exceed 200 hours TIS, perform a detailed visual inspection for chafing and cracking between the NLG wheel bearing and axle surface in accordance with paragraphs B.1 and B.2 of Daher Service Bulletin SB 150–32, Revision 4, dated January 2023 (Daher SB 150–32, Revision 4). (2) If any chafing or cracking is found during any inspection required by paragraph PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 47881 (h)(1) of this AD, before further flight, replace the NLG wheel axle with one of the following: (i) An NLG wheel axle that is found to be free of chafing and cracking per the inspection required by paragraph (h)(1) of this AD and free of damage per the inspection required by paragraph (h)(3) of this AD. (ii) Serviceable parts, as defined in this AD, in accordance with paragraphs C.2 through C.4 of Daher SB 150–32, Revision 4. This part installation makes the airplane a Group 2 airplane and terminates the inspection requirements in this AD. (3) If no chafing or cracking is found during any inspection required by paragraph (h)(1) of this AD, before further flight, do a magnetic particle inspection of the NLG wheel axle for damage (distortion, nicks, wear, and cracking). (4) If any damage is found during any magnetic particle inspection required by paragraph (h)(3) of this AD, before further flight, replace the NLG wheel axle with one of the following: (i) An NLG wheel axle that is found to be free of chafing and cracking per the inspection required by paragraph (h)(1) of this AD and free of damage per the inspection required by paragraph (h)(3) of this AD. (ii) Serviceable parts, as defined in this AD, in accordance with paragraphs C.2 through C.4 of Daher SB 150–32, Revision 4. This part installation makes the airplane a Group 2 airplane and terminates the inspection requirements in this AD. (i) NLG Wheel Axle Attachment Screw Replacement for Group 1 and Group 2 Airplanes Replace the NLG wheel axle attachment screws in accordance with paragraph C.2 of Daher SB 150–32, Revision 4, as follows: (1) Initially before exceeding 2,000 hours TIS total on the airplane, before exceeding 2,000 hours TIS since the last time the attachment screws were replaced, or within 50 hours TIS after the effective date of this AD, whichever occurs later. (2) Repetitively thereafter at intervals not to exceed 2,000 hours TIS. (j) Installation Prohibition for Group 1 and Group 2 Airplanes As of the effective date of this AD, do not install an affected NLG wheel axle, as defined in this AD, on any airplane, unless the criteria in paragraphs (j)(1) and (2) of this AD are met: (1) The affected NLG wheel axle is found to be free of chafing and cracking per the inspection required by paragraph (h)(1) of this AD and free of damage per the inspection required by paragraph (h)(3) of this AD. (2) The NLG wheel axle attachment screws are replaced with new screws. (k) Credit for Previous Actions You may take credit for the initial actions required by paragraphs (h) and (i) of this AD if you performed those actions before the effective date of this AD using SOCATA SB 150–32, Revision 2; or Daher-SOCATA SB 150–32, Revision 3. E:\FR\FM\04JNP1.SGM 04JNP1 47882 Federal Register / Vol. 89, No. 108 / Tuesday, June 4, 2024 / Proposed Rules (l) Alternative Methods of Compliance (AMOCs) DEPARTMENT OF HOMELAND SECURITY 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 local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (m)(1) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. If mailing information, also submit information by email. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local Flight Standards District Office/ certificate holding district office. (m) Additional Information (1) For more information about this AD, contact Fred Guerin, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (206) 231– 2346; email: fred.guerin@faa.gov. (2) Service information identified in this AD that is not incorporated by reference is available at the address specified in paragraph (n)(3) of this AD. ddrumheller on DSK120RN23PROD with PROPOSALS1 (n) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Daher Service Bulletin SB 150–32, Revision 4, dated January 2023. (ii) [Reserved] (3) For service information, contact Daher Aerospace, Customer Support, Airplane Division, 65921 Tarbes Cedex 9, France; phone: 33 (0)5 62.41.73.00; email: tbmcare@ daher.com; website: daher.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222–5110. (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 28, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–12046 Filed 6–3–24; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:04 Jun 03, 2024 Jkt 262001 Coast Guard 33 CFR Part 165 [USCG–2024–0410] RIN 1625–AA00 Safety Zone; Oswego River, Oswego, NY Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to adjust the safety zone radius and location to within a 210-Foot radius of position 43°27′15.37″ N, 76°30′28.38″ W due to a fireworks event. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Eastern Great Lakes. DATES: Comments and related material must be received by the Coast Guard on or before July 5, 2024. ADDRESSES: You may submit comments identified by docket number USCG– 2024–0410 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 United States Coast Guard Marine Safety Unit Thousand Islands: 315–774–8724 D09SMBMSDMassenaMail@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations 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 II. Background, Purpose, and Legal Basis On March 8, 2024, the City of Oswego notified the Coast Guard that there will be a change of location of its fireworks display normally conducted from 9:30 p.m. to 10 p.m. on or around July 4th as listed in 33 CFR 165.939, table line PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 item (29). The fireworks are to be now launched from a bridge in position 43°27′15.37″ N, 76°30′28.38″ W with a 210-Foot radius Safety zone from launching position. Hazards from firework displays include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. The Captain of the Port Sector Eastern Great Lakes (COTP) has determined that potential hazards associated with the fireworks to be used in this display would be a safety concern for anyone within a 210-Foot radius of the launching position. The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters within a 210-Foot radius of the fireworks launching position before, during, and after the scheduled event. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034. III. Discussion of Proposed Rule The COTP is proposing to amend a safety zone listed in 33 CFR 165.939, table line item (29). The safety zone would cover all navigable waters within 210-Foot radius from the fireworks launching position 43°27′15.37″ N, 76°30′28.38″ W in the Oswego River Oswego, NY. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This NPRM has not been designated a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on his regulatory action determination is based on the size, location, duration, and timeof-day of the safety zone. Vessel traffic would be able to safely transit around this safety zone which would impact a E:\FR\FM\04JNP1.SGM 04JNP1

Agencies

[Federal Register Volume 89, Number 108 (Tuesday, June 4, 2024)]
[Proposed Rules]
[Pages 47879-47882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12046]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 89, No. 108 / Tuesday, June 4, 2024 / 
Proposed Rules

[[Page 47879]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1480; Project Identifier MCAI-2023-00930-A]
RIN 2120-AA64


Airworthiness Directives; DAHER (Type Certificate Previously Held 
by SOCATA) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2016-08-08, which applies to all SOCATA (type certificate now held by 
DAHER) Model MS 880B, MS 885, MS 892A-150, MS 892E-150, MS 893A, MS 
893E, MS 894A, MS 894E, Rallye 100S, Rallye 150ST, Rallye 150T, Rallye 
235C, and Rallye 235E airplanes. AD 2016-08-08 requires doing 
repetitive detailed visual inspections of the intersection between the 
axle radius and the nose landing gear (NLG) fork area for chafing; 
doing repetitive dye penetrant inspections on the NLG wheel axle for 
cracks, distortion, and nicks or wear; doing corrective actions if 
necessary; and replacing the NLG wheel axle attachment screws with new 
screws. Since the FAA issued AD 2016-08-08, the European Union Aviation 
Safety Agency (EASA), which is the Technical Agent for the Member 
States of the European Union, superseded the previous EASA AD to 
introduce a new inspection method and a new design for the affected NLG 
wheel axle that provides terminating action for the repetitive 
inspections, as specified in updated service information published by 
the manufacturer. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this NPRM by July 19, 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-2024-1480; 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 service information, contact Daher Aerospace, Customer 
Support, Airplane Division, 65921 Tarbes Cedex 9, France; phone: 33 
(0)5 62.41.73.00; email: daher.com">tbmcare@daher.com; website: daher.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (206) 
231-2346; 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-2024-1480; Project Identifier 
MCAI-2023-00930-A'' 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 
the 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 Fred 
Guerin, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA issued AD 2016-08-08, Amendment 39-18484 (81 FR 21711, 
April 13, 2016) (AD 2016-08-08), for SOCATA (type certificate now held 
by DAHER) Model MS 880B, MS 885, MS 892A-150, MS 892E-150, MS 893A, MS 
893E, MS 894A, MS 894E, Rallye 100S, Rallye 150ST, Rallye 150T, Rallye 
235C, and Rallye 235E airplanes. AD 2016-08-08 was prompted by MCAI 
originated by EASA. EASA issued AD 2015-0203, dated October 7, 2015 
(EASA AD 2015-0203) to correct an unsafe condition identified as 
fatigue failure of the NLG wheel axle. EASA AD 2015-0203 required 
retaining the requirements of Direction G[eacute]n[eacute]rale de 
l'Aviation Civile (DGAC) France AD 91-

[[Page 47880]]

163(A)R2, dated March 30, 1994, which was superseded, but required 
those actions to be accomplished within reduced intervals.
    AD 2016-08-08 requires doing repetitive detailed visual inspections 
of the intersection between the axle radius and the NLG fork area for 
chafing; doing repetitive dye penetrant inspections on the NLG wheel 
axle for cracks, distortion, and nicks or wear; corrective actions if 
necessary; and replacing the NLG wheel axle attachment screws with new 
screws. The FAA issued AD 2016-08-08 to address chafing and cracking of 
the NLG wheel axle, which could lead to failure of the NLG with 
consequent damage to the airplane and/or injury to occupants.

Actions Since AD 2016-08-08 Was Issued

    Since the FAA issued AD 2016-08-08, EASA superseded EASA AD 2015-
0203 and issued EASA AD 2023-0080, dated April 17, 2023 (EASA AD 2023-
0080) (also referred to as the MCAI) to correct an unsafe condition for 
all DAHER AEROSPACE Model MS 880 B, MS 880 B-D, MS 881, MS 883, MS 884, 
MS 885, MS 886, MS 887, MS 890 A, MS 890 B, MS 892 A.150, MS 892 B.150, 
MS 892 E.150, MS 892 E-D.150, MS 893 A, MS 893 B, MS 893 E, MS 893 E-D, 
MS 894 A, MS 894 E, RALLYE 100 S, RALLYE 100 S-D, RALLYE 100 ST, RALLYE 
100 ST-D, RALLYE 110 ST, RALLYE 150 ST, RALLYE 150 ST-D, RALLYE 150 T, 
RALLYE 150 T-D, RALLYE 150 SV, RALLYE 150 SVS, RALLYE 180 T, RALLYE 180 
TS, RALLYE 180 T-D, RALLYE 235 A, RALLYE 235 F, RALLYE 235 E, and 
RALLYE 235 E-D airplanes.
    The MCAI states that it retains the requirements of EASA AD 2015-
0203 but introduces a new inspection method and a new design of the NLG 
wheel axle as a terminating action for the repetitive detailed 
inspections. The FAA is issuing this AD to address chafing and cracking 
of the NLG wheel axle, which could lead to failure of the NLG with 
consequent damage to the airplane and injury to occupants.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1480.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Daher Service Bulletin SB 150-32, Revision 4, 
dated January 2023. This service information specifies procedures for 
preparing, inspecting, replacing, and reconditioning the NLG wheel 
axle. This service information also specifies procedures for replacing 
the NLG wheel axle attachment screws.
    This service information 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

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI and service information referenced above. The FAA is issuing 
this NPRM after determining that the unsafe condition described 
previously is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain none of the requirements of AD 2016-
08-08. This proposed AD would require repetitively inspecting the NLG 
wheel axle and, if chafing, cracking, or damage is found, installing 
the newly designed NLG wheel axle, which would terminate the need for 
the repetitive inspections. This proposed AD would also require 
repetitively replacing the NLG wheel axle attachment screws.

Differences Between This Proposed AD and the MCAI

    The applicability of the MCAI includes DAHER AEROSPACE Model MS 
886, MS 887, MS 890 A, MS 890 B, MS 892 B.150, MS 892 E-D.150, MS 893 
B, MS 893 E-D, RALLYE 100 S-D, RALLYE 100 ST, RALLYE 100 ST-D, RALLYE 
110 ST, RALLYE 150 ST-D, RALLYE 150 T-D, RALLYE 150 SV, RALLYE 150 SVS, 
RALLYE 180 T, RALLYE 180 TS, RALLYE 180 T-D, RALLYE 235 A, RALLYE 235 
F, and RALLYE 235 E-D airplanes and the applicability of this proposed 
AD would not because these models do not have an FAA type certificate.

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
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Magnetic particle inspection...  1 work-hour x $85 per   $100.............  $185.............  $5,920.
                                  hour = $85.
Inspection of the NLG wheel      2 work-hours x $85 per  $100.............  $270 (per          $8,640.
 bearing and axle surface and     hour = $170 (per                           inspection
 attachment screws.               inspection cycle).                         cycle).
NLG wheel axle attachment screw  1 work-hour x $85 per   $50 (per cycle)..  $135 (per cycle).  $4,320 (per
 replacement.                     hour = $85 (per                                               cycle).
                                  cycle).
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Installation of a nose gear wheel axle         2 work-hours x $85 per hour =            $1,000           $1,170
 (including NLG wheel spacer).                  $170.
----------------------------------------------------------------------------------------------------------------


[[Page 47881]]

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 that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2016-08-08, Amendment 39-18484 (81 
FR 21711, April 13, 2016); and
0
b. Adding the following new airworthiness directive:

DAHER (Type Certificate previously held by SOCATA): Docket No. FAA-
2024-1480; Project Identifier MCAI-2023-00930-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 19, 2024.

(b) Affected ADs

    This AD replaces AD 2016-08-08, Amendment 39-18484 (81 FR 21711, 
April 13, 2016).

(c) Applicability

    This AD applies to DAHER (type certificate previously held by 
SOCATA) Model MS 880B, MS 885, MS 892A-150, MS 892E-150, MS 893A, MS 
893E, MS 894A, MS 894E, Rallye 100S, Rallye 150ST, Rallye 150T, 
Rallye 235C, and Rallye 235E airplanes, all serial numbers, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3220, Nose/Tail 
Landing Gear.

(e) Unsafe Condition

    This AD was prompted by a report of a nose landing gear (NLG) 
wheel axle rupture in service. The FAA is issuing this AD to address 
chafing and cracking of the NLG wheel axle. The unsafe condition, if 
not addressed, could lead to failure of the NLG with consequent 
damage to the airplane and injury to occupants.

(f) Compliance

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

(g) Definitions

    For the purposes of this AD the following definitions apply:
    (1) Group 1 Airplanes: Airplanes having any affected parts 
installed as of the effective date of this AD.
    (2) Group 2 Airplanes: Airplanes that do not have any affected 
parts installed as of the effective date of this AD.
    (3) Affected Parts: NLG wheel axles having part number (P/N) 
8954200270 and NLG wheel spacer having P/N 8954200260.
    (4) Serviceable Parts: NLG wheel axles having P/N AV-RAL-001-01 
and NLG wheel spacer having P/N AV-RAL-002-01.
    (5) New Part: Any part that has zero hours time-in-service 
(TIS).

(h) Inspections and Axle Replacement for Group 1 Airplanes

    (1) Within 200 hours TIS after the effective date of this AD, 
and thereafter at intervals not to exceed 200 hours TIS, perform a 
detailed visual inspection for chafing and cracking between the NLG 
wheel bearing and axle surface in accordance with paragraphs B.1 and 
B.2 of Daher Service Bulletin SB 150-32, Revision 4, dated January 
2023 (Daher SB 150-32, Revision 4).
    (2) If any chafing or cracking is found during any inspection 
required by paragraph (h)(1) of this AD, before further flight, 
replace the NLG wheel axle with one of the following:
    (i) An NLG wheel axle that is found to be free of chafing and 
cracking per the inspection required by paragraph (h)(1) of this AD 
and free of damage per the inspection required by paragraph (h)(3) 
of this AD.
    (ii) Serviceable parts, as defined in this AD, in accordance 
with paragraphs C.2 through C.4 of Daher SB 150-32, Revision 4. This 
part installation makes the airplane a Group 2 airplane and 
terminates the inspection requirements in this AD.
    (3) If no chafing or cracking is found during any inspection 
required by paragraph (h)(1) of this AD, before further flight, do a 
magnetic particle inspection of the NLG wheel axle for damage 
(distortion, nicks, wear, and cracking).
    (4) If any damage is found during any magnetic particle 
inspection required by paragraph (h)(3) of this AD, before further 
flight, replace the NLG wheel axle with one of the following:
    (i) An NLG wheel axle that is found to be free of chafing and 
cracking per the inspection required by paragraph (h)(1) of this AD 
and free of damage per the inspection required by paragraph (h)(3) 
of this AD.
    (ii) Serviceable parts, as defined in this AD, in accordance 
with paragraphs C.2 through C.4 of Daher SB 150-32, Revision 4. This 
part installation makes the airplane a Group 2 airplane and 
terminates the inspection requirements in this AD.

(i) NLG Wheel Axle Attachment Screw Replacement for Group 1 and Group 2 
Airplanes

    Replace the NLG wheel axle attachment screws in accordance with 
paragraph C.2 of Daher SB 150-32, Revision 4, as follows:
    (1) Initially before exceeding 2,000 hours TIS total on the 
airplane, before exceeding 2,000 hours TIS since the last time the 
attachment screws were replaced, or within 50 hours TIS after the 
effective date of this AD, whichever occurs later.
    (2) Repetitively thereafter at intervals not to exceed 2,000 
hours TIS.

(j) Installation Prohibition for Group 1 and Group 2 Airplanes

    As of the effective date of this AD, do not install an affected 
NLG wheel axle, as defined in this AD, on any airplane, unless the 
criteria in paragraphs (j)(1) and (2) of this AD are met:
    (1) The affected NLG wheel axle is found to be free of chafing 
and cracking per the inspection required by paragraph (h)(1) of this 
AD and free of damage per the inspection required by paragraph 
(h)(3) of this AD.
    (2) The NLG wheel axle attachment screws are replaced with new 
screws.

(k) Credit for Previous Actions

    You may take credit for the initial actions required by 
paragraphs (h) and (i) of this AD if you performed those actions 
before the effective date of this AD using SOCATA SB 150-32, 
Revision 2; or Daher-SOCATA SB 150-32, Revision 3.

[[Page 47882]]

(l) 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (m)(1) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local Flight Standards District Office/
certificate holding district office.

(m) Additional Information

    (1) For more information about this AD, contact Fred Guerin, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (206) 231-2346; email: 
[email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the address specified in 
paragraph (n)(3) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Daher Service Bulletin SB 150-32, Revision 4, dated January 
2023.
    (ii) [Reserved]
    (3) For service information, contact Daher Aerospace, Customer 
Support, Airplane Division, 65921 Tarbes Cedex 9, France; phone: 33 
(0)5 62.41.73.00; email: daher.com">tbmcare@daher.com; website: daher.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.
    (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 28, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-12046 Filed 6-3-24; 8:45 am]
BILLING CODE 4910-13-P

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