Airworthiness Directives; Airbus SAS Airplanes, 75507-75510 [2024-20817]
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75507
Proposed Rules
Federal Register
Vol. 89, No. 179
Monday, September 16, 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–2024–2141; Project
Identifier MCAI–2024–00421–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)
2022–11–01, which applies to certain
Airbus SAS Model A300 series
airplanes; Model A300 B4–600, B4–
600R, and F4–600R series airplanes; and
Model A300 C4–605R Variant F
airplanes (collectively called Model
A300–600 series airplanes). AD 2022–
11–01 requires a detailed inspection
(DET) of the main landing gear (MLG)
support rib 5 lower flange, a fluorescent
penetrant inspection (FPI) around the
spot facing of certain fastener holes if
necessary, and applicable corrective
actions. Since the FAA issued AD 2022–
11–01, it was determined additional
airplanes are affected. This proposed
AD would continue to require the
actions in AD 2022–11–01 and add
airplanes to the applicability, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
proposed for incorporation by reference
(IBR). The FAA is proposing this AD to
address the unsafe condition on these
products.
DATES: The FAA must receive comments
on this proposed AD by October 31,
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.
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SUMMARY:
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• 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–2024–2141; 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
AD, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email
ADs@easa.europa.eu; website
easa.europa.eu. You may find this
material on the EASA website at
ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA–
2024–2141.
• 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: Dan
Rodina, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 206–231–
3225; email: Dan.Rodina@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2024–2141; Project
Identifier MCAI–2024–00421–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
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following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Dan Rodina, Aviation
Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; phone: 206–231–3225; email:
Dan.Rodina@faa.gov. Any commentary
that the FAA receives which is not
specifically designated as CBI will be
placed in the public docket for this
rulemaking.
Background
The FAA issued AD 2022–11–01,
Amendment 39–22051 (87 FR 32292,
May 31, 2022) (AD 2022–11–01), on
certain Airbus SAS Model A300 and
A300–600 series airplanes. AD 2022–
11–01 was prompted by an MCAI
originated by EASA, which is the
Technical Agent for the Member States
of the European Union. EASA issued
AD 2021–0190, dated August 17, 2021,
to correct an unsafe condition.
AD 2022–11–01 requires a one-time
DET of the MLG support rib 5 lower
flange, inboard and outboard of rib 5, on
the right-hand and left-hand sides (i.e.,
affected area); a one-time FPI around the
spot facing of certain fastener holes if
necessary; and applicable corrective
actions. The FAA issued AD 2022–11–
01 to address cracking in the affected
area. This condition, if not detected and
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Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Proposed Rules
corrected, could affect the structural
integrity of the airplane.
in the AD docket at regulations.gov
under Docket No. FAA–2024–2141.
Explanation of Required Compliance
Information
Actions Since AD 2022–11–01 Was
Issued
Material Incorporated by Reference
Under 1 CFR Part 51
Since the FAA issued AD 2022–11–
01, EASA superseded AD 2021–0190,
dated August 17, 2021, and issued
EASA AD 2024–0145, dated July 23,
2024 (EASA AD 2024–0145) (also
referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS
Model A300, A300–600, and A300–
600ST series airplanes. Model A300–
600ST airplanes are not certificated by
the FAA and are not included on the
U.S. type certificate data sheet; this AD
therefore does not include those
airplanes in the applicability. The MCAI
states that certain airplanes were
excluded from the applicability of
EASA AD 2021–0190 on the assumption
they were withdrawn from service.
Since issuance of that EASA AD, it was
determined at least one of those
airplanes is in service and the DET and
FPI were accomplished on that airplane.
Further, there is no evidence that the
other excluded airplanes were scrapped
or dismantled so the possibility exists
they could also return to service. For
these reasons, the applicability was
expanded to include those airplanes.
Also, since the FAA issued AD 2022–
11–01, FAA Type Certificate A35EU
was updated to remove Airbus SAS
Model A300 B2–1A, B2–1C, B2K–3C,
and B2–203 airplanes. The FAA
therefore is proposing to remove those
airplanes from the applicability of this
proposed AD.
The FAA is proposing this AD to
address the unsafe condition on these
products. You may examine the MCAI
EASA AD 2024–0145 specifies
procedures for a one-time DET of the
affected area, a one-time FPI around the
spot facing of certain fastener holes in
the affected area if no crack is detected
during the DET, and obtaining and
following approved repair instructions
if any crack is found during the DET or
FPI. EASA AD 2024–0145 also updated
the applicability of affected airplanes.
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.
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 2024–0145 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2024–0145
in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
EASA AD 2024–0145 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 2024–0145.
Material required by EASA AD 2024–
0145 for compliance will be available at
regulations.gov under Docket No. FAA–
2024–2141 after the FAA final rule is
published.
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 2024–0145 described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Costs of Compliance
The FAA estimates that this AD,
adopted as proposed, would affect 124
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
23 work-hours × $85 per hour = $1,955 .....................................................................................
$0
$1,955
$242,420
The FAA estimates the following
costs to replace any cracked rib that
would be required based on the results
of any required actions and repair
status. The FAA has no way of
determining the number of aircraft that
might need this on-condition action:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
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Labor cost
Parts cost
Up to 1,500 work-hours × $85 per hour = $127,500 ........................................................................................
The FAA has received no definitive
data on which to base the cost estimates
for the repair specified in this AD.
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Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
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$620,000
Cost per product
Up to $747,500.
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
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Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Proposed Rules
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
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
(AD) 2022–11–01, Amendment 39–
22051 (87 FR 32292, May 31, 2022); and
■ b. Adding the following new AD:
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■
■
Airbus SAS: Docket No. FAA–2024–2141;
Project Identifier MCAI–2024–00421–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by October 31,
2024.
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(b) Affected ADs
This AD replaces AD 2022–11–01,
Amendment 39–22051 (87 FR 32292, May 31,
2022).
(c) Applicability
This AD applies to Airbus SAS airplanes
identified in paragraphs (c)(1) through (5) of
this AD, certificated in any category, as
identified in European Union Aviation Safety
Agency (EASA) AD 2024–0145, dated July
23, 2024 (EASA AD 2024–0145).
(1) Model A300 B4–2C, B4–103, and B4–
203 airplanes.
(2) Model A300 B4–601, B4–603, B4–620,
and B4–622 airplanes.
(3) Model A300 B4–605R and B4–622R
airplanes.
(4) Model A300 C4–605R Variant F
airplanes.
(5) Model A300 F4–605R and F4–622R
airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports of
cracking in the main landing gear (MLG)
support rib 5 lower flange, inboard and
outboard of rib 5, on the right-hand and lefthand sides. The FAA is issuing this AD to
address cracking of the MLG support rib 5
lower flange. This condition, if not detected
and corrected, could affect the structural
integrity 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 2024–0145.
(h) Exceptions to EASA AD 2024–0145
(1) Where EASA AD 2024–0145 refers to
August 31, 2021 (the effective date of EASA
AD 2021–0190), this AD requires using July
5, 2022 (the effective date of AD 2022–11–01,
Amendment 39–22051 (87 FR 32292, May 31,
2022)).
(2) Where EASA AD 2024–0145 refers to its
effective date, this AD requires using the
effective date of this AD.
(3) Where paragraph (3) of EASA AD 2024–
0145 specifies to ‘‘accomplish those
instructions accordingly’’ if any crack is
detected, for this AD if any crack is detected,
the crack must be repaired before further
flight using a method approved by the
Manager, International Validation Branch,
FAA; or EASA; or Airbus SAS’s EASA
Design Organization Approval (DOA). If
approved by the DOA, the approval must
include the DOA-authorized signature.
(4) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2024–0145.
(i) Additional AD Provisions
The following provisions also apply to this
AD:
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75509
(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, send it to the attention of the person
identified in paragraph (j) of this AD and
email to: 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) Airbus Statement of Airworthiness
Compliance (ASAC) 80955386/006/2021,
Issue 1, dated August 25, 2021; and ASAC
80955386/024/2022, Issue 1, dated February
25, 2022, are approved as AMOCs for the
corresponding provisions of this AD for the
airplanes identified in those ASACs only.
(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 referenced in EASA AD 2024–
0145 contains paragraphs that are labeled as
RC, the instructions in RC paragraphs,
including subparagraphs under an RC
paragraph, must be done to comply with this
AD; any paragraphs, including subparagraphs
under those paragraphs, that are not
identified as RC are recommended. The
instructions in paragraphs, including
subparagraphs under those paragraphs, not
identified as RC may be deviated from using
accepted methods in accordance with the
operator’s maintenance or inspection
program without obtaining approval of an
AMOC, provided the instructions identified
as RC can be done and the airplane can be
put back in an airworthy condition. Any
substitutions or changes to instructions
identified as RC require approval of an
AMOC.
(j) Additional Information
For more information about this AD,
contact Dan Rodina, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: 206–231–
3225; email: Dan.Rodina@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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 2024–0145, dated July 23, 2024.
(ii) [Reserved]
(3) For EASA material identified in this
AD, contact EASA, Konrad-Adenauer-Ufer 3,
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Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Proposed Rules
50668 Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find this
material on the EASA website at
ad.easa.europa.eu.
(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-locations or email fr.inspection@nara.gov.
Issued on September 10, 2024.
Peter A. White,
Deputy Director, Integrated Certificate
Management Division, Aircraft Certification
Service.
[FR Doc. 2024–20817 Filed 9–13–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2024–2104; Airspace
Docket No. 23–ANM–38]
RIN 2120–AA66
Establishment of Class E Airspace;
Austin Airport, Austin, NV
Authority for This Rulemaking
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
establish Class E airspace extending
upward from 700 feet above the surface
at Austin Airport, Austin, NV. The
airport is transitioning from visual flight
rules (VFR) to instrument flight rules
(IFR), and these actions would support
the safety and management of IFR
operations at the airport.
DATES: Comments must be received on
or before October 31, 2024.
ADDRESSES: Send comments identified
by FAA Docket No. [FAA–2024–2104]
and Airspace Docket No. [23–ANM–38]
using any of the following methods:
* Federal eRulemaking Portal: Go to
www.regulations.gov and follow the
online instructions for sending your
comments electronically.
* Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
* Hand Delivery or Courier: Take
comments to Docket Operations in
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Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
* Fax: Fax comments to Docket
Operations at (202) 493–2251.
Docket: Background documents or
comments received may be read at
www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FAA Order JO 7400.11J, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Nathan A. Chaffman, Federal Aviation
Administration, Western Service Center,
Operations Support Group, 2200 S
216th Street, Des Moines, WA 98198;
telephone (206) 231–3460.
SUPPLEMENTARY INFORMATION:
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of the airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
establish Class E airspace to support IFR
operations at Austin Airport, Austin,
NV.
Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. Comments are specifically
invited on the overall regulatory,
aeronautical, economic, environmental,
and energy-related aspects of the
proposal. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
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recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should submit only one
time if comments are filed
electronically, or commenters should
send only one copy of written
comments if comments are filed in
writing.
The FAA will file in the docket all
comments it receives, as well as a report
summarizing each substantive public
contact with FAA personnel concerning
this proposed rulemaking. Before acting
on this proposal, the FAA will consider
all comments it receives on or before the
closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The FAA may change
this proposal in light of the comments
it receives.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Availability of Rulemaking Documents
An electronic copy of this document
may be downloaded through the
internet at www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s web page at www.faa.gov/air_
traffic/publications/airspace_
amendments/.
You may review the public docket
containing the proposal, any comments
received and any final disposition in
person in the Dockets Operations office
(see ADDRESSES section for address,
phone number, and hours of
operations). An informal docket may
also be examined during normal
business hours at the Northwest
Mountain Regional Office of the Federal
Aviation Administration, Air Traffic
Organization, Western Service Center,
Operations Support Group, 2200 S
216th Street, Des Moines, WA 98198.
Incorporation by Reference
Class E5 airspace designations are
published in paragraph 6005 of FAA
Order JO 7400.11, Airspace
Designations and Reporting Points,
which is incorporated by reference in 14
CFR 71.1 on an annual basis. This
document proposes to amend the
current version of that order, FAA Order
JO 7400.11J, dated July 31, 2024 and
effective September 15, 2024. These
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[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Proposed Rules]
[Pages 75507-75510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20817]
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Proposed Rules
Federal Register
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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.
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Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 /
Proposed Rules
[[Page 75507]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2141; Project Identifier MCAI-2024-00421-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2022-11-01, which applies to certain Airbus SAS Model A300 series
airplanes; Model A300 B4-600, B4-600R, and F4-600R series airplanes;
and Model A300 C4-605R Variant F airplanes (collectively called Model
A300-600 series airplanes). AD 2022-11-01 requires a detailed
inspection (DET) of the main landing gear (MLG) support rib 5 lower
flange, a fluorescent penetrant inspection (FPI) around the spot facing
of certain fastener holes if necessary, and applicable corrective
actions. Since the FAA issued AD 2022-11-01, it was determined
additional airplanes are affected. This proposed AD would continue to
require the actions in AD 2022-11-01 and add airplanes to the
applicability, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference (IBR). The
FAA is proposing this AD to address the unsafe condition on these
products.
DATES: The FAA must receive comments on this proposed AD by October 31,
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-2024-2141; 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 AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email [email protected]; website easa.europa.eu. You may find
this material on the EASA website at ad.easa.europa.eu. It is also
available at regulations.gov under Docket No. FAA-2024-2141.
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: Dan Rodina, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 206-
231-3225; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2024-2141;
Project Identifier MCAI-2024-00421-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data. The FAA will consider all comments received by the
closing date and may amend this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Dan
Rodina, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 206-231-3225; email: [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
The FAA issued AD 2022-11-01, Amendment 39-22051 (87 FR 32292, May
31, 2022) (AD 2022-11-01), on certain Airbus SAS Model A300 and A300-
600 series airplanes. AD 2022-11-01 was prompted by an MCAI originated
by EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued AD 2021-0190, dated August 17, 2021, to
correct an unsafe condition.
AD 2022-11-01 requires a one-time DET of the MLG support rib 5
lower flange, inboard and outboard of rib 5, on the right-hand and
left-hand sides (i.e., affected area); a one-time FPI around the spot
facing of certain fastener holes if necessary; and applicable
corrective actions. The FAA issued AD 2022-11-01 to address cracking in
the affected area. This condition, if not detected and
[[Page 75508]]
corrected, could affect the structural integrity of the airplane.
Actions Since AD 2022-11-01 Was Issued
Since the FAA issued AD 2022-11-01, EASA superseded AD 2021-0190,
dated August 17, 2021, and issued EASA AD 2024-0145, dated July 23,
2024 (EASA AD 2024-0145) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A300, A300-600, and A300-
600ST series airplanes. Model A300-600ST airplanes are not certificated
by the FAA and are not included on the U.S. type certificate data
sheet; this AD therefore does not include those airplanes in the
applicability. The MCAI states that certain airplanes were excluded
from the applicability of EASA AD 2021-0190 on the assumption they were
withdrawn from service. Since issuance of that EASA AD, it was
determined at least one of those airplanes is in service and the DET
and FPI were accomplished on that airplane. Further, there is no
evidence that the other excluded airplanes were scrapped or dismantled
so the possibility exists they could also return to service. For these
reasons, the applicability was expanded to include those airplanes.
Also, since the FAA issued AD 2022-11-01, FAA Type Certificate
A35EU was updated to remove Airbus SAS Model A300 B2-1A, B2-1C, B2K-3C,
and B2-203 airplanes. The FAA therefore is proposing to remove those
airplanes from the applicability of this proposed AD.
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-2024-2141.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0145 specifies procedures for a one-time DET of the
affected area, a one-time FPI around the spot facing of certain
fastener holes in the affected area if no crack is detected during the
DET, and obtaining and following approved repair instructions if any
crack is found during the DET or FPI. EASA AD 2024-0145 also updated
the applicability of affected airplanes.
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 2024-0145 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 2024-0145 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0145 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2024-0145 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-
0145. Material required by EASA AD 2024-0145 for compliance will be
available at regulations.gov under Docket No. FAA-2024-2141 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, adopted as proposed, would affect
124 airplanes of U.S. registry. The FAA estimates the following costs
to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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23 work-hours x $85 per hour = $1,955........................ $0 $1,955 $242,420
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The FAA estimates the following costs to replace any cracked rib
that would be required based on the results of any required actions and
repair status. The FAA has no way of determining the number of aircraft
that might need this on-condition action:
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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Up to 1,500 work-hours x $85 $620,000 Up to $747,500.
per hour = $127,500.
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The FAA has received no definitive data on which to base the cost
estimates for the repair specified in this AD.
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.
[[Page 75509]]
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
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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]
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2. The FAA amends Sec. 39.13 by:
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a. Removing Airworthiness Directive (AD) 2022-11-01, Amendment 39-22051
(87 FR 32292, May 31, 2022); and
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b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2024-2141; Project Identifier MCAI-2024-
00421-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 31, 2024.
(b) Affected ADs
This AD replaces AD 2022-11-01, Amendment 39-22051 (87 FR 32292,
May 31, 2022).
(c) Applicability
This AD applies to Airbus SAS airplanes identified in paragraphs
(c)(1) through (5) of this AD, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2024-
0145, dated July 23, 2024 (EASA AD 2024-0145).
(1) Model A300 B4-2C, B4-103, and B4-203 airplanes.
(2) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
(3) Model A300 B4-605R and B4-622R airplanes.
(4) Model A300 C4-605R Variant F airplanes.
(5) Model A300 F4-605R and F4-622R airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports of cracking in the main landing
gear (MLG) support rib 5 lower flange, inboard and outboard of rib
5, on the right-hand and left-hand sides. The FAA is issuing this AD
to address cracking of the MLG support rib 5 lower flange. This
condition, if not detected and corrected, could affect the
structural integrity 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 2024-0145.
(h) Exceptions to EASA AD 2024-0145
(1) Where EASA AD 2024-0145 refers to August 31, 2021 (the
effective date of EASA AD 2021-0190), this AD requires using July 5,
2022 (the effective date of AD 2022-11-01, Amendment 39-22051 (87 FR
32292, May 31, 2022)).
(2) Where EASA AD 2024-0145 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraph (3) of EASA AD 2024-0145 specifies to
``accomplish those instructions accordingly'' if any crack is
detected, for this AD if any crack is detected, the crack must be
repaired before further flight using a method approved by the
Manager, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0145.
(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, send it to the attention of the
person identified in paragraph (j) of this AD and email 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) Airbus Statement of Airworthiness Compliance (ASAC)
80955386/006/2021, Issue 1, dated August 25, 2021; and ASAC
80955386/024/2022, Issue 1, dated February 25, 2022, are approved as
AMOCs for the corresponding provisions of this AD for the airplanes
identified in those ASACs only.
(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 referenced in EASA AD
2024-0145 contains paragraphs that are labeled as RC, the
instructions in RC paragraphs, including subparagraphs under an RC
paragraph, must be done to comply with this AD; any paragraphs,
including subparagraphs under those paragraphs, that are not
identified as RC are recommended. The instructions in paragraphs,
including subparagraphs under those paragraphs, not identified as RC
may be deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the instructions identified as RC can
be done and the airplane can be put back in an airworthy condition.
Any substitutions or changes to instructions identified as RC
require approval of an AMOC.
(j) Additional Information
For more information about this AD, contact Dan Rodina, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; phone: 206-231-3225; email: [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 2024-0145,
dated July 23, 2024.
(ii) [Reserved]
(3) For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3,
[[Page 75510]]
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this
material on the EASA website at ad.easa.europa.eu.
(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-locations or email [email protected].
Issued on September 10, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-20817 Filed 9-13-24; 8:45 am]
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