Proposed Rule2023-23724
Airworthiness Directives; Airbus SAS Airplanes
Primary source
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Published
October 31, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2019-16-11, which applies to certain Airbus SAS Model A300 F4-600R series airplanes. AD 2019-16-11 requires repetitive high frequency eddy current (HFEC) inspections of the aft lower deck cargo door (LDCD) frame forks; a one-time check of the LDCD clearances; a one-time detailed visual inspection of hooks, eccentric bushes, and x-stops; and corrective actions if necessary. Since the FAA issued AD 2019-16-11, it has been determined that the threshold for the (repetitive) HFEC inspection needs to be corrected, and the LDCD frame forks modified. This proposed AD would continue to require the actions in AD 2019-16-11 and would require correcting the HFEC inspection threshold and modifying the LDCD frame forks and prohibit the installation of affected LDCDs under certain conditions, 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 209 (Tuesday, October 31, 2023)</title>
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[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Proposed Rules]
[Pages 74369-74372]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23724]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 /
Proposed Rules
[[Page 74369]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2136; Project Identifier MCAI-2023-00759-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)
2019-16-11, which applies to certain Airbus SAS Model A300 F4-600R
series airplanes. AD 2019-16-11 requires repetitive high frequency eddy
current (HFEC) inspections of the aft lower deck cargo door (LDCD)
frame forks; a one-time check of the LDCD clearances; a one-time
detailed visual inspection of hooks, eccentric bushes, and x-stops; and
corrective actions if necessary. Since the FAA issued AD 2019-16-11, it
has been determined that the threshold for the (repetitive) HFEC
inspection needs to be corrected, and the LDCD frame forks modified.
This proposed AD would continue to require the actions in AD 2019-16-11
and would require correcting the HFEC inspection threshold and
modifying the LDCD frame forks and prohibit the installation of
affected LDCDs under certain conditions, 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 December
15, 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-2023-2136; 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 the EASA AD identified in this NPRM, you may contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#7332370033161200125d1606011c03125d1606"><span class="__cf_email__" data-cfemail="c9888dba89aca8baa8e7acbcbba6b9a8e7acbc">[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-2023-2136.
<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#a8ccc9c686dac7ccc1c6c9e8cec9c986cfc7de"><span class="__cf_email__" data-cfemail="ef8b8e81c19d808b86818eaf898e8ec1888099">[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-2023-2136; Project Identifier
MCAI-2023-00759-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 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#c9ada8a7e7bba6ada0a7a889afa8a8e7aea6bf"><span class="__cf_email__" data-cfemail="bbdfdad595c9d4dfd2d5dafbdddada95dcd4cd">[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
The FAA issued AD 2019-16-11, Amendment 39-19714 (84 FR 45061,
August 28, 2019) (AD 2019-16-11), for certain Airbus SAS Model A300 F4-
605R and F4-622R airplanes. AD 2019-16-11 was prompted by an MCAI
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA issued AD 2018-0266, dated December 11,
2018, to correct an unsafe condition.
AD 2019-16-11 requires repetitive HFEC inspections of the aft LDCD
frame forks; a one-time check of the LDCD clearances; a one-time
detailed visual inspection of hooks, eccentric bushes,
[[Page 74370]]
and x-stops; and corrective actions if necessary. The FAA issued AD
2019-16-11 to address cracked or ruptured aft LDCD frames, which could
allow loads to be transferred to the remaining structural elements.
This condition could lead to the rupture of one or more vertical aft
LDCD frames, which could result in reduced structural integrity of the
aft LDCD.
AD 2019-16-11 previously superseded AD 2018-20-06 Amendment 39-
19440 (83 FR 49265, October 1, 2018). AD 2018-20-06 superseded AD 2016-
25-03 Amendment 39-18729 (81 FR 93801, December 22, 2016).
Actions Since AD 2019-16-11 Was Issued
Since the FAA issued AD 2019-16-11, EASA superseded EASA AD 2018-
0266, dated December 11, 2018, and issued EASA AD 2023-0117, dated June
13, 2023 (EASA AD 2023-0117) (also referred to as the MCAI), to correct
an unsafe condition for certain Airbus SAS Model A300 F4-605R and F4-
622R airplanes. The MCAI states that based on more detailed stress
analyses, it has been determined that the threshold for the
(repetitive) HFEC inspection could be extended from 12,500 flight hours
to 26,455 flight hours for those affected parts installed on an LDCD
that has been modified or replaced. It was also determined that an
incorrect HFEC inspection threshold had been defined for the affected
parts that have not been modified or replaced. Additional widespread
fatigue damage analysis determined that all frame forks of affected
LDCDs are susceptible to crack development, which compromises the
structural integrity of the LDCD and therefore 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
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2136.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2019-16-11, this proposed AD would retain all of the
requirements of AD 2019-16-11. Those requirements are referenced in
EASA AD 2023-0117, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0117 specifies procedures for repetitive HFEC
inspections for cracks of the aft LDCD frame forks; a one-time check of
the LDCD clearances; a one-time detailed visual inspection for signs of
wear on the hooks, eccentric bushes, and x-stops; and corrective
actions if necessary. In addition, EASA AD 2023-0117 specifies
procedures for modifying frame forks that have not been reinforced.
EASA AD also prohibits the installation of affected LDCDs under certain
conditions. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in 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 retain all requirements of AD 2019-16-11.
This proposed AD would require accomplishing the actions specified in
EASA AD 2023-0117 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 2023-0117 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0117 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 2023-0117 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-
0117. Service information required by EASA AD 2023-0117 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2136
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 58 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2019- 15 work-hours x $85 per $0 $1,275............ $73,950.
16-11. hour = $1,275.
New proposed actions........... Up to 38 work-hours x 850 Up to $4,080...... Up to $236,640.
$85 per hour = $3,230.
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The FAA has received no definitive data on which to base the cost
estimates for certain on-condition repairs specified in this proposed
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.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under
[[Page 74371]]
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 2019-16-11, Amendment 39-19714 (84
FR 45061, August 28, 2019); and
0
b. Adding the following new Airworthiness Directive:
Airbus SAS: Docket No. FAA-2023-2136; Project Identifier MCAI-2023-
00759-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 15, 2023.
(b) Affected ADs
This AD replaces AD 2019-16-11, Amendment 39-19714 (84 FR 45061,
August 28, 2019) (AD 2019-16-11).
(c) Applicability
This AD applies to Airbus SAS Model A300 F4-605R and F4-622R
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2023-0117, dated June 13,
2023 (EASA AD 2023-0117).
(d) Subject
Air Transport Association (ATA) of America Code: 52, Doors.
(e) Unsafe Condition
This AD was prompted by a report of two adjacent frame forks
that were found cracked on the aft lower deck cargo door (LDCD) of
two airplanes during scheduled maintenance, and a determination that
certain compliance times need to be revised. The FAA is also issuing
this AD to address the susceptibility of the frame forks of affected
LDCDs to develop cracks, which could lead to additional rupture of
one or more LDCD frame forks, compromising the structural integrity
of the LDCD and therefore 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 2023-0117.
(h) Exceptions to EASA AD 2023-0117
(1) Where EASA AD 2023-0117 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where Table 2 of EASA AD 2023-0117 refers to the effective
date of EASA AD 2015-0152R1, dated May 23, 2017, this AD requires
using November 5, 2018 (the effective date of AD 2018-20-06,
Amendment 39-19440 (83 FR 49265, October 1, 2018).
(3) Where Table 2 of EASA AD 2023-0117 refers to the effective
date of EASA AD 2015-0152, dated July 24, 2015, this AD requires
using January 26, 2017 (the effective date of AD 2016-25-03,
Amendment 39-18729 (81 FR 93801, December 22, 2016).
(4) Where paragraph (6) of EASA AD 2023-0117 specifies ``before
next flight, contact Airbus for approved corrective action
instructions, and within the compliance time specified therein,
accomplish those instructions accordingly,'' this AD requires
replacing those words with ``repair cracking 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.''
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0117.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-0117
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) 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 International
Validation Branch, send it to the attention of the person identified
in paragraph (k) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#ecd5c1adbabfc1ada5bec1dbdfdcc1ada1a3afac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="dae3f79b8c89f79b9388f7ede9eaf79b9795999abcbbbbf4bdb5ac">[email protected]</span></a>. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraphs (h)(4) and (j)(2) of this AD, if any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(k) Additional Information
For more information about this AD, 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#1276737c3c607d767b7c73527473733c757d64"><span class="__cf_email__" data-cfemail="1c787d72326e737875727d5c7a7d7d327b736a">[email protected]</span></a>.
(l) 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 2023-0117,
dated June 13, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0117, contact EASA, Konrad-Adenauer-Ufer 3,
50668
[[Page 74372]]
Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#5312172013363220327d3626213c23327d3626"><span class="__cf_email__" data-cfemail="89c8cdfac9ece8fae8a7ecfcfbe6f9e8a7ecfc">[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 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.
(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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a>, or email <a href="/cdn-cgi/l/email-protection#a5c3d78bcccbd6d5c0c6d1cccacbe5cbc4d7c48bc2cad3"><span class="__cf_email__" data-cfemail="d7b1a5f9beb9a4a7b2b4a3beb8b997b9b6a5b6f9b0b8a1">[email protected]</span></a>.
Issued on October 20, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-23724 Filed 10-30-23; 8:45 am]
BILLING CODE 4910-13-P
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