Airworthiness Directives; Airbus SAS Airplanes, 59709-59712 [2024-15958]
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ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Proposed Rules
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[FR Doc. 2024–16177 Filed 7–19–24; 4:15 pm]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–1892; Project
Identifier MCAI–2024–00198–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2023–07–13, which applies to certain
Airbus SAS Model A350–941 and –1041
airplanes. AD 2023–07–13 requires
repetitive detailed inspections of the
lower attachment studs on the AFT
galley complex and, depending on
findings, replacement of the lower
attachment studs. Since the FAA issued
AD 2023–07–13, it has been determined
that additional airplanes are affected,
and that all affected parts must be
replaced with serviceable parts. This
SUMMARY:
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59709
proposed AD would continue to require
the actions in AD 2023–07–13, add
airplanes to the applicability, and
require the replacement of all affected
parts, as specified in 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 September 6,
2024.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–1892; 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 identified in this
proposed AD, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
email ADs@easa.europa.eu; website
easa.europa.eu. You may find this
material on the EASA website
ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA–
2024–1892.
• You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
FOR FURTHER INFORMATION CONTACT: Dat
Le, Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516–228–7300;
email dat.v.le@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
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Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Proposed Rules
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES section. Include
‘‘Docket No. FAA–2024–1892; Project
Identifier MCAI–2024–00198–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.
attachment studs on the AFT galley
complex for damage (i.e., stress marks,
dents, bumps, corrosion, contamination,
cracks, and scratches) and correct
installation and, depending on findings,
replacement of the lower attachment
stud. The FAA issued AD 2023–07–13
to address broken lower attachment
studs having Part Number (P/N) XP14–
070–007800 on the AFT galley complex.
The manufacturer’s investigation
indicates that the broken lower
attachment studs having P/N XP14–
070–007800 resulted from a hydrogeninduced failure. The unsafe condition, if
not addressed, could lead to galley
module detachment, resulting in injury
to airplane occupants and reduced
capacity for emergency evacuation of
the airplane.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; telephone 516–228–7300; email
dat.v.le@faa.gov. Any commentary that
the FAA receives that is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
The preamble to AD 2023–07–13
explains that the FAA considers the
requirements ‘‘interim action’’ and was
considering further rulemaking. The
FAA has now determined that further
rulemaking is indeed necessary, and
this proposed AD follows from that
determination.
Since the FAA issued AD 2023–07–
13, EASA superseded AD 2022–0196,
dated September 20, 2022, and issued
EASA AD 2024–0078, dated March 20,
2024 (EASA AD 2024–0078) (also
referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS
Model A350–941 and –1041 airplanes.
The MCAI states that additional
airplanes are affected, and that all lower
attachment studs having P/N XP14–
070–007800, on the AFT galley complex
must be replaced. Broken lower
attachment studs on the AFT galley
complex, if not addressed, could lead to
galley detachment, resulting in injury to
airplane occupants and reduced
capacity for emergency evacuation of
the airplane.
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–2024–1892.
Background
The FAA issued AD 2023–07–13,
Amendment 39–22415 (88 FR 31169,
May 16, 2023) (AD 2023–07–13), for
certain Airbus SAS Model A350–941
and –1041 airplanes. AD 2023–07–13
was prompted by an MCAI originated by
EASA, which is the Technical Agent for
the Member States of the European
Union. EASA issued AD 2022–0196,
dated September 20, 2022, to correct an
unsafe condition.
AD 2023–07–13 requires repetitive
detailed inspections of the lower
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Actions Since AD 2023–07–13 Was
Issued
Explanation of Retained Requirements
Although this proposed AD does not
explicitly restate the requirements of AD
2023–07–13, this proposed AD would
retain all of the requirements of AD
2023–07–13. Those requirements are
referenced in EASA AD 2024–0078,
which, in turn, is referenced in
paragraph (g) of this proposed AD.
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Material Incorporated by Reference
Under 1 CFR Part 51
EASA AD 2024–0078 specifies
repetitive detailed inspections for
damaged and incorrectly installed lower
attachment studs having P/N XP14–
070–007800 on the AFT galley complex
and, depending on findings,
replacement of the lower attachment
studs, and eventual replacement of all
affected lower attachment studs having
P/N XP14–070–007800. The MCAI
specifies that replacement of all lower
attachment studs having P/N XP14–
070–007800 on all affected AFT galleys
constitutes a terminating action for the
repetitive detailed inspections.
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 the ADDRESSES section.
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 2024–0078 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 2024–0078 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2024–0078
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
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Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Proposed Rules
‘‘Required Action(s) and Compliance
Time(s)’’ in EASA AD 2024–0078.
Material required by EASA AD 2024–
0078 for compliance will be available at
regulations.gov under Docket No. FAA–
2024–1892 after the FAA final rule is
published.
EASA AD 2024–0078 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
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 13
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Retained actions from AD 2023–07–13 .............
New proposed actions ........................................
2 work-hours × $85 per hour = $170 .................
7 work-hours × $85 per hour = $595 .................
ddrumheller on DSK120RN23PROD with PROPOSALS1
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
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.
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Parts cost
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing airworthiness directive
2023–07–13, Amendment 39–22415 (88
FR 31169, May 16, 2023); and
■ b. Adding the following new
airworthiness directive:
■
■
Airbus SAS: Docket No. FAA–2024–1892;
Project Identifier MCAI–2024–00198–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by September 6,
2024.
(b) Affected ADs
This AD replaces AD 2023–07–13,
Amendment 39–22415 (88 FR 31169, May 16,
2023) (AD 2023–07–13).
(c) Applicability
This AD applies to Airbus SAS Model
A350–941 and –1041 airplanes, certificated
in any category, as identified in European
Union Aviation Safety Agency (EASA) AD
2024–0078, dated March 20, 2024 (EASA AD
2024–0078).
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/furnishings.
(e) Unsafe Condition
This AD was prompted by reports of
broken lower attachment studs having P/N
XP14–070–007800 on the AFT galley
complex. The FAA is issuing this AD to
address broken lower attachment studs
having XP14–070–007800 on the AFT galley
complex. The unsafe condition, if not
addressed, could lead to galley module
detachment, resulting in injury to airplane
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$0
95
Cost per
product
Cost on U.S.
operators
$170
690
$2,210
8,970
occupants and reduced capacity for
emergency evacuation of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2024–0078.
(h) Exceptions to EASA AD 2024–0078
(1) Where EASA AD 2024–0078 refers to
‘‘04 October 2022 [the effective date of EASA
AD 2022–0196],’’ this AD requires using June
20, 2023 (the effective date of AD 2023–07–
13).
(2) Where EASA AD 2024–0078 refers to its
effective date, this AD requires using the
effective date of this AD.
(3) Where paragraphs (1), (2), (3), and (4)
of EASA AD 2024–0078 specify actions ‘‘in
accordance with approved instructions
issued by Airbus DOA,’’ this AD requires
replacing that text with ‘‘in accordance with
approved instructions issued by the Manager,
Large Aircraft Section, 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) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2024–0078.
(i) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to the address identified in
paragraph (j) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
(i) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD
2023–07–13 are approved as AMOCs for the
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Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Proposed Rules
corresponding provisions of EASA AD 2024–
0078 that are required by paragraph (g) of this
AD.
(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 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 material contains paragraphs that are
labeled as RC, the instructions in RC
paragraphs, including subparagraphs under
an RC paragraph, must be done to comply
with this AD; any paragraphs, including
subparagraphs under those paragraphs, that
are not identified as RC are recommended.
The instructions in paragraphs, including
subparagraphs under those paragraphs, not
identified as RC may be deviated from using
accepted methods in accordance with the
operator’s maintenance or inspection
program without obtaining approval of an
AMOC, provided the instructions identified
as RC can be done and the airplane can be
put back in an airworthy condition. Any
substitutions or changes to instructions
identified as RC require approval of an
AMOC.
(j) Additional Information
For more information about this AD,
contact Dat Le, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–228–
7300; email dat.v.le@faa.gov.
ddrumheller on DSK120RN23PROD with PROPOSALS1
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as
applicable to do the actions required by this
AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2024–0078, dated March 20,
2024.
(ii) [Reserved]
(3) For EASA AD 2024–0078, 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 ad.easa.europa.eu.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th Street, 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-locationsoremailfr.inspection@nara.gov.
VerDate Sep<11>2014
18:02 Jul 22, 2024
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Issued on July 16, 2024.
Peter A. White,
Deputy Director, Integrated Certificate
Management Division, Aircraft Certification
Service.
[FR Doc. 2024–15958 Filed 7–22–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1910
[Docket No. OSHA–2007–0073]
RIN 1218–AC91
Emergency Response Standard
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Proposed rule; notice of
informal hearing.
AGENCY:
OSHA is scheduling an
informal public hearing on its proposed
rule ‘‘Emergency Response Standard.’’
The public hearing will begin November
12, 2024, at 9:30 a.m. Eastern Time (ET).
The proposed rule was published in the
Federal Register on February 5, 2024.
The initial public comment period was
scheduled to end May 6, 2024, but was
extended to June 21, 2024, in response
to numerous requests from the public.
The comment period was extended
again, until July 22, 2024, due to more
extension requests from stakeholders.
DATES: Informal public hearing: The
hearing will be held virtually and will
begin November 12, 2024, at 9:30 a.m.
ET. If necessary, the hearing will
continue from 9:30 a.m. until 4:30 p.m.,
ET, on subsequent weekdays.
Additional information on how to
access the informal hearing will be
posted at https://www.osha.gov/
emergencyresponse/rulemaking. To
testify or question other witnesses at the
hearing, interested persons must
electronically submit a Notice of
Intention to Appear (NOITA) on or
before September 27, 2024. In addition,
those who request more than 10 minutes
for their presentation at the informal
hearing and those who intend to submit
documentary evidence at the hearing
must submit the full text of their
testimony, as well as a copy of any
documentary evidence, no later than
October 18, 2024.
ADDRESSES: Notice of Intention to
Appear (NOITA). A NOITA must be
submitted electronically at: https://
www.osha.gov/emergency-response/
rulemaking. Follow the instructions
online for making electronic
SUMMARY:
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submissions. Those who file NOITAs
must also submit electronic copies of all
documents that they intend to use or
reference during their testimony.
Information about how and when to
submit these materials will be provided
at the time of registration.
Instructions: All submissions must
include the agency’s name and the
docket number for this rulemaking
(Docket No. OSHA–2007–0073). All
comments, including any personal
information you provide, are placed in
the public docket without change and
may be made available online at https://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
information they do not want made
available to the public, or submitting
materials that contain personal
information (either about themselves or
others), such as Social Security
Numbers and birthdates.
Docket: To read or download
comments and other materials
submitted in the docket, go to Docket
No. OSHA–2007–0073 at https://
www.regulations.gov. All comments and
submissions are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through that website.
All comments and submissions,
including copyrighted material, are
available for inspection through the
OSHA Docket Office.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Contact Frank
Meilinger, Director, Office of
Communications, Occupational Safety
and Health Administration, U.S.
Department of Labor; telephone: (202)
693–1999; email: Meilinger.Francis@
dol.gov.
For general information and technical
inquiries: Contact Mark Hagemann,
Director, Office of Safety Systems,
Directorate of Standards and Guidance,
Occupational Safety and Health
Administration, U.S. Department of
Labor; telephone: (202) 693–2222;
email: OSHA.Emergency.Response@
dol.gov.
For hearing inquiries: Contact Kathryn
Marlor, Directorate of Standards and
Guidance, Occupational Safety and
Health Administration, U.S. Department
of Labor; telephone: (202) 693–2222;
email: OSHA.Emergency.Response@
dol.gov.
For ASL interpretation and language
translation service requests: Contact
Kathryn Marlor, Directorate of
Standards and Guidance, Occupational
Safety and Health Administration, U.S.
Department of Labor; telephone: (202)
693–2222; email: OSHA.Emergency.
Response@dol.gov.
E:\FR\FM\23JYP1.SGM
23JYP1
Agencies
[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Proposed Rules]
[Pages 59709-59712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15958]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1892; Project Identifier MCAI-2024-00198-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2023-07-13, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2023-07-13 requires repetitive detailed inspections
of the lower attachment studs on the AFT galley complex and, depending
on findings, replacement of the lower attachment studs. Since the FAA
issued AD 2023-07-13, it has been determined that additional airplanes
are affected, and that all affected parts must be replaced with
serviceable parts. This proposed AD would continue to require the
actions in AD 2023-07-13, add airplanes to the applicability, and
require the replacement of all affected parts, as specified in 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 September
6, 2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-1892; 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 identified in this proposed AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website ad.easa.europa.eu. It is also
available at regulations.gov under Docket No. FAA-2024-1892.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th Street,
Des Moines, WA. For information on the availability of this material at
the FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
[[Page 59710]]
arguments about this proposal. Send your comments to an address listed
under ADDRESSES section. Include ``Docket No. FAA-2024-1892; Project
Identifier MCAI-2024-00198-T'' at the beginning of your comments. The
most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. The FAA will consider all comments received by the closing date
and may amend this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Dat
Le, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email [email protected]. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.
Background
The FAA issued AD 2023-07-13, Amendment 39-22415 (88 FR 31169, May
16, 2023) (AD 2023-07-13), for certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2023-07-13 was prompted by an MCAI originated by
EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued AD 2022-0196, dated September 20, 2022, to
correct an unsafe condition.
AD 2023-07-13 requires repetitive detailed inspections of the lower
attachment studs on the AFT galley complex for damage (i.e., stress
marks, dents, bumps, corrosion, contamination, cracks, and scratches)
and correct installation and, depending on findings, replacement of the
lower attachment stud. The FAA issued AD 2023-07-13 to address broken
lower attachment studs having Part Number (P/N) XP14-070-007800 on the
AFT galley complex. The manufacturer's investigation indicates that the
broken lower attachment studs having P/N XP14-070-007800 resulted from
a hydrogen-induced failure. The unsafe condition, if not addressed,
could lead to galley module detachment, resulting in injury to airplane
occupants and reduced capacity for emergency evacuation of the
airplane.
Actions Since AD 2023-07-13 Was Issued
The preamble to AD 2023-07-13 explains that the FAA considers the
requirements ``interim action'' and was considering further rulemaking.
The FAA has now determined that further rulemaking is indeed necessary,
and this proposed AD follows from that determination.
Since the FAA issued AD 2023-07-13, EASA superseded AD 2022-0196,
dated September 20, 2022, and issued EASA AD 2024-0078, dated March 20,
2024 (EASA AD 2024-0078) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A350-941 and -1041
airplanes. The MCAI states that additional airplanes are affected, and
that all lower attachment studs having P/N XP14-070-007800, on the AFT
galley complex must be replaced. Broken lower attachment studs on the
AFT galley complex, if not addressed, could lead to galley detachment,
resulting in injury to airplane occupants and reduced capacity for
emergency evacuation of the airplane.
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-2024-1892.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2023-07-13, this proposed AD would retain all of the
requirements of AD 2023-07-13. Those requirements are referenced in
EASA AD 2024-0078, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0078 specifies repetitive detailed inspections for
damaged and incorrectly installed lower attachment studs having P/N
XP14-070-007800 on the AFT galley complex and, depending on findings,
replacement of the lower attachment studs, and eventual replacement of
all affected lower attachment studs having P/N XP14-070-007800. The
MCAI specifies that replacement of all lower attachment studs having P/
N XP14-070-007800 on all affected AFT galleys constitutes a terminating
action for the repetitive detailed inspections.
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 the ADDRESSES section.
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 2024-0078 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 2024-0078 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0078 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
[[Page 59711]]
EASA AD 2024-0078 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 2024-0078. Material required by
EASA AD 2024-0078 for compliance will be available at regulations.gov
under Docket No. FAA-2024-1892 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 13 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2023-07-13...... 2 work-hours x $85 per hour $0 $170 $2,210
= $170.
New proposed actions..................... 7 work-hours x $85 per hour 95 690 8,970
= $595.
----------------------------------------------------------------------------------------------------------------
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:
0
a. Removing airworthiness directive 2023-07-13, Amendment 39-22415 (88
FR 31169, May 16, 2023); and
0
b. Adding the following new airworthiness directive:
Airbus SAS: Docket No. FAA-2024-1892; Project Identifier MCAI-2024-
00198-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 6, 2024.
(b) Affected ADs
This AD replaces AD 2023-07-13, Amendment 39-22415 (88 FR 31169,
May 16, 2023) (AD 2023-07-13).
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2024-0078, dated March 20,
2024 (EASA AD 2024-0078).
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Unsafe Condition
This AD was prompted by reports of broken lower attachment studs
having P/N XP14-070-007800 on the AFT galley complex. The FAA is
issuing this AD to address broken lower attachment studs having
XP14-070-007800 on the AFT galley complex. The unsafe condition, if
not addressed, could lead to galley module detachment, resulting in
injury to airplane occupants and reduced capacity for emergency
evacuation of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2024-0078.
(h) Exceptions to EASA AD 2024-0078
(1) Where EASA AD 2024-0078 refers to ``04 October 2022 [the
effective date of EASA AD 2022-0196],'' this AD requires using June
20, 2023 (the effective date of AD 2023-07-13).
(2) Where EASA AD 2024-0078 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraphs (1), (2), (3), and (4) of EASA AD 2024-0078
specify actions ``in accordance with approved instructions issued by
Airbus DOA,'' this AD requires replacing that text with ``in
accordance with approved instructions issued by the Manager, Large
Aircraft Section, 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) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0078.
(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].
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD 2023-07-13 are approved as
AMOCs for the
[[Page 59712]]
corresponding provisions of EASA AD 2024-0078 that are required by
paragraph (g) of this AD.
(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 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 material contains paragraphs
that are labeled as RC, the instructions in RC paragraphs, including
subparagraphs under an RC paragraph, must be done to comply with
this AD; any paragraphs, including subparagraphs under those
paragraphs, that are not identified as RC are recommended. The
instructions in paragraphs, including subparagraphs under those
paragraphs, not identified as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the
instructions identified as RC can be done and the airplane can be
put back in an airworthy condition. Any substitutions or changes to
instructions identified as RC require approval of an AMOC.
(j) Additional Information
For more information about this AD, contact Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7300; email [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0078,
dated March 20, 2024.
(ii) [Reserved]
(3) For EASA AD 2024-0078, 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 ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th
Street, 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/[email protected]">www.archives.gov/federal-register/cfr/[email protected].
Issued on July 16, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-15958 Filed 7-22-24; 8:45 am]
BILLING CODE 4910-13-P