Proposed Rule2023-19365
Airworthiness Directives; Airbus SAS Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 8, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A310 series airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, 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.
Full Text
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<title>Federal Register, Volume 88 Issue 173 (Friday, September 8, 2023)</title>
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[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Proposed Rules]
[Pages 61990-61993]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19365]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1822; Project Identifier MCAI-2023-00653-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A310 series airplanes. This proposed AD was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. This proposed AD would require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations, 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 23,
2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1822; 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:
<bullet> For EASA material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#fabbbe89ba9f9b899bd49f8f88958a9bd49f8f"><span class="__cf_email__" data-cfemail="39787d4a795c584a58175c4c4b564958175c4c">[email protected]</span></a>; website easa.europa.eu. You
may find this material on the EASA website ad.easa.europa.eu. It is
also available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1822.
<bullet> You may view this service information 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; telephone 206-
231-3225; email <a href="/cdn-cgi/l/email-protection#46222728683429222f28270620272768212930"><span class="__cf_email__" data-cfemail="debabfb0f0acb1bab7b0bf9eb8bfbff0b9b1a8">[email protected]</span></a>.
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-2023-1822; Project Identifier
MCAI-2023-00653-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
<a href="http://regulations.gov">regulations.gov</a>, 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
[[Page 61991]]
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; telephone 206-231-3225; email
<a href="/cdn-cgi/l/email-protection#d6b2b7b8f8a4b9b2bfb8b796b0b7b7f8b1b9a0"><span class="__cf_email__" data-cfemail="1276737c3c607d767b7c73527473733c757d64">[email protected]</span></a>. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0092, dated May 5, 2023 (EASA
AD 2023-0092) (also referred to as the MCAI), to correct an unsafe
condition on all Airbus SAS Model A310 series airplanes. The MCAI
states that new or more restrictive airworthiness limitations have been
developed.
EASA AD 2023-0092 specifies that it requires a task (limitation)
already in Airbus A310 Airworthiness Limitations Section (ALS), Part 2,
Damage Tolerant Airworthiness Limitation Items (DT-ALI), Revision 03,
dated December 14, 2018, that is required by EASA AD 2019-0091, dated
April 26, 2019 (which corresponds to FAA AD 2019-20-06, Amendment 39-
19759 (84 FR 55859) (AD 2019-20-06)), and that incorporation of EASA AD
2023-0092 invalidates (terminates) prior instructions for that task.
This proposed AD therefore would terminate the limitations for the
corresponding tasks identified in the service information referenced in
EASA AD 2023-0092 only, as required by paragraph (g) of AD 2019-20-06.
The FAA is proposing this AD to address fatigue cracking, damage,
or corrosion in principal structural elements. The unsafe condition, if
not addressed, could result in reduced structural integrity of the
airplane. You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a>
under Docket No. FAA-2023-1822.
Related Service Information Under 1 CFR Part 51
The FAA reviewed EASA AD 2023-0092, which describes new or more
restrictive airworthiness tasks for airplane structures. This material
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in ADDRESSES 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 revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, which are specified in EASA AD
2023-0092 described previously, as incorporated by reference. Any
differences with EASA AD 2023-0092 are identified as exceptions in the
regulatory text of this proposed AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (k)(1) 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 2023-0092 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0092 through that incorporation, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in EASA AD 2023-0092 does not mean that operators
need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0092. Service information required by EASA AD 2023-0092 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> by searching for and locating
Docket No. FAA-2023-1822 after the FAA final rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOC paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.
[[Page 61992]]
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1 airplane of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
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 has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Airbus SAS: Docket No. FAA-2023-1822; Project Identifier MCAI-2023-
00653-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 23, 2023.
(b) Affected ADs
This AD affects AD 2019-20-06, Amendment 39-19759 (84 FR 55859,
October 18, 2019) (AD 2019-20-06).
(c) Applicability
This AD applies to all Airbus SAS Model A310-203, -204, -221, -
222, -304, -322, -324, and -325 airplanes, certificated in any
category.
(d) Subject
Air Transport Association (ATA) of America Code: 05, Time
Limits/Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, damage, or corrosion in
principal structural elements. The unsafe condition, if not
addressed, could result in reduced 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, European Union Aviation Safety Agency (EASA) AD
2023-0092, dated May 5, 2023 (EASA AD 2023-0092).
(h) Exceptions to EASA AD 2023-0092
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0092.
(2) Paragraph (3) of EASA AD 2023-0092 specifies revising ``the
AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, within 90 days after the effective date of this AD.
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2023-0092 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2023-0092, or within 90 days after the effective date of
this AD, whichever occurs later.
(4) This AD does not adopt the provisions specified in the
``Recording AD compliance'' section of EASA AD 2023-0092.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0092.
(i) Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2023-0092.
(j) Terminating Action for Certain Tasks Required by AD 2019-20-06
Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2019-20-06 for the tasks identified
in the service information referenced in EASA AD 2023-0092 only.
(k) 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 (l) of this AD or email to: <a href="/cdn-cgi/l/email-protection#6e57432f383d432f273c43595d5e432f23212d2e080f0f40090118"><span class="__cf_email__" data-cfemail="be8793ffe8ed93fff7ec93898d8e93fff3f1fdfed8dfdf90d9d1c8">[email protected]</span></a>.
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.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(l) Additional Information
For more information about this AD, contact Dan Rodina, Aviation
Safety
[[Page 61993]]
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#91f5f0ffbfe3fef5f8fff0d1f7f0f0bff6fee7"><span class="__cf_email__" data-cfemail="2b4f4a450559444f42454a6b4d4a4a054c445d">[email protected]</span></a>.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0092,
dated May 5, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0092, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#9fdedbecdffafeecfeb1faeaedf0effeb1faea"><span class="__cf_email__" data-cfemail="49080d3a092c283a28672c3c3b263928672c3c">[email protected]</span></a>; 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 that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<a href="/cdn-cgi/l/email-protection#791f0b5710170a091c1a0d1016173917180b18571e160f"><span class="__cf_email__" data-cfemail="87e1f5a9eee9f4f7e2e4f3eee8e9c7e9e6f5e6a9e0e8f1">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on September 1, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-19365 Filed 9-7-23; 8:45 am]
BILLING CODE 4910-13-P
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