Proposed Rule2024-09510
Airworthiness Directives; Airbus SAS Airplanes
Primary source
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Published
May 13, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2022-16-06, which applies to certain Airbus SAS Model A330-200, A330- 200 Freighter, A330-300, and A330-900 series airplanes; and all Model A340-200 and A340-300 series airplanes. AD 2022-16-06 requires modifying the Trimmable Horizontal Stabilizer Actuator (THSA) installation, implementing the electrical load sensing device (ELSD) wiring provisions, and installing and activating the ELSD. Since the FAA issued AD 2022-16-06, it has been determined that the required actions cannot be accomplished on certain airplanes, and additional instructions and corrections have been developed. This proposed AD would continue to require the actions in AD 2022-16-06 with certain revised procedures and would require additional work for certain airplanes, 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 89 Issue 93 (Monday, May 13, 2024)</title>
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[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Proposed Rules]
[Pages 41365-41368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09510]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1294; Project Identifier MCAI-2024-00042-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)
2022-16-06, which applies to certain Airbus SAS Model A330-200, A330-
200 Freighter, A330-300, and A330-900 series airplanes; and all Model
A340-200 and A340-300 series airplanes. AD 2022-16-06 requires
modifying the Trimmable Horizontal Stabilizer Actuator (THSA)
installation, implementing the electrical load sensing device (ELSD)
wiring provisions, and installing and activating the ELSD. Since the
FAA issued AD 2022-16-06, it has been determined that the required
actions cannot be accomplished on certain airplanes, and additional
instructions and corrections have been developed. This proposed AD
would continue to require the actions in AD 2022-16-06 with certain
revised procedures and would require additional work for certain
airplanes, 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 June 27,
2024.
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-2024-1294; 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, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email <a href="/cdn-cgi/l/email-protection#1c5d586f5c797d6f7d3279696e736c7d327969"><span class="__cf_email__" data-cfemail="4405003704212537256a2131362b34256a2131">[email protected]</span></a>; website easa.europa.eu. You may find
this material on the EASA website at ad.easa.europa.eu. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-1294.
<bullet> You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3229; email <a href="/cdn-cgi/l/email-protection#f7a19b96939e9a9e85d9a29b8e96999881b7919696d9909881"><span class="__cf_email__" data-cfemail="46102a27222f2b2f3468132a3f272829300620272768212930">[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-2024-1294; Project Identifier
MCAI-2024-00042-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
Vladimir Ulyanov, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone 206-231-3229; email
<a href="/cdn-cgi/l/email-protection#bee8d2dfdad7d3d7cc90ebd2c7dfd0d1c8fed8dfdf90d9d1c8"><span class="__cf_email__" data-cfemail="b2e4ded3d6dbdfdbc09ce7decbd3dcddc4f2d4d3d39cd5ddc4">[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.
[[Page 41366]]
Background
The FAA issued AD 2022-16-06, Amendment 39-22135 (87 FR 51588,
August 23, 2022) (AD 2022-16-06), for certain Airbus SAS Model A330-
201, -202, -203, -223, -223F, -243, -243F, -301, -302, -303, -321, -
322, -323, -341, -342, -343, and -941 airplanes; and all Model A340-
211, -212, -213, -311, -312, and -313 airplanes. AD 2022-16-06 was
prompted by an MCAI originated by EASA, which is the Technical Agent
for the Member States of the European Union. EASA issued AD 2022-0039,
dated March 8, 2022, to correct an unsafe condition.
AD 2022-16-06 requires modifying the THSA installation,
implementing the ELSD wiring provisions, and installing and activating
the ELSD. The FAA issued AD 2022-16-06 to address damage on the upper
THSA SLP attachment, with consequent mechanical disconnection of the
THSA, possibly resulting in loss of control of the airplane.
Actions Since AD 2022-16-06 Was Issued
Since the FAA issued AD 2022-16-06, EASA superseded AD 2022-0039,
dated March 8, 2022 (EASA AD 2022-0039), and issued EASA AD 2024-0016,
dated January 11, 2024 (EASA AD 2024-0016) (also referred to as the
MCAI), to correct an unsafe condition for certain Airbus SAS Model
A330-201, -202, -203, -223, -223F, -243, -243F, -301, -302, -303, -321,
-322, -323, -341, -342, -343, and 0-941 airplanes; and all Airbus SAS
Model A340-211, -212, -213, -311, -312, and -313 airplanes. The MCAI
states that it has been determined that the actions specified in EASA
AD 2022-0039 cannot be accomplished on certain affected airplanes.
Airbus subsequently developed additional instructions and corrections
for the procedures. In certain circumstances, there may be no
indication to the flightcrew of the engagement of the upper secondary
load path (SLP) of the THSA. This condition, if not addressed, could
lead to damage on the upper THSA SLP attachment, with consequent
mechanical disconnection of the THSA, resulting in loss of control 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-2024-1294.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2022-16-06, this proposed AD would retain all of the
requirements of AD 2022-16-06. Those requirements are referenced in
EASA AD 2024-0016, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2024-0016 specifies procedures for installing and
activating the ELSD and wiring provisions, and doing additional work
that includes additional instructions and corrections for certain
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 retain all requirements of AD 2022-16-06.
This proposed AD would also require additional work for certain
airplanes. This proposed AD would require accomplishing the actions
specified in EASA AD 2024-0016 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 2024-0016 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0016 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 2024-0016 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-
0016. Service information required by EASA AD 2024-0016 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-1294
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 120 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
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Retained actions from AD 2022-16- 57 work-hours x Up to $23,000..... Up to $27,845..... Up to $3,341,400.
06. $85 per hour =
$4,845.
New proposed actions............ 5 work-hours x $85 $43,966........... $44,391........... Up to $5,326,920.
per hour = $425.
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According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.
[[Page 41367]]
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2022-16-06, Amendment 39-22135
(87 FR 51588, August 23, 2022); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2024-1294; Project Identifier MCAI-2024-
00042-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 27, 2024.
(b) Affected ADs
This AD replaces AD 2022-16-06, Amendment 39-22135 (87 FR 51588,
August 23, 2022) (AD 2022-16-06).
(c) Applicability
This AD applies to Airbus SAS airplanes specified in paragraphs
(c)(1) and (2) of this AD, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2024-
0016, dated January 11, 2024 (EASA AD 2024-0016).
(1) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301,
-302, -303, -321, -322, -323, -341, -342, -343, and -941 airplanes.
(2) Model A340-211, -212, -213, -311, -312, and -313 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Controls.
(e) Unsafe Condition
This AD was prompted by tests that demonstrated that when the
upper secondary load path (SLP) of the trimmable horizontal
stabilizer actuator (THSA) is engaged, the THSA might not stall,
with consequently no indication of SLP engagement, and by the recent
determination that the required actions of AD 2022-16-06 cannot be
accomplished on certain airplanes. The FAA is issuing this AD to
prevent damage on the upper THSA SLP attachment, with consequent
mechanical disconnection of the THSA, that could result in loss of
control 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 2024-0016.
(h) Exceptions to EASA AD 2024-0016
(1) Where EASA AD 2024-0016 refers to ``22 March 2022 [the
effective date of EASA AD 2022-0039],'' this AD requires using
September 27, 2022 (the effective date of AD 2022-16-06).
(2) Where EASA AD 2024-0016 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraph (1) of EASA AD 2024-0016 applies to
airplanes in ``Group 1,'' this AD requires replacing that text with
``Group 1 airplanes, except as specified in paragraph (3)'' of EASA
AD 2024-0016.
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0016.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#81b8acc0d7d2acc0c8d3acb6b2b1acc0cccec2c1e7e0e0afe6eef7"><span class="__cf_email__" data-cfemail="ebd2c6aabdb8c6aaa2b9c6dcd8dbc6aaa6a4a8ab8d8a8ac58c849d">[email protected]</span></a>.
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD 2022-16-06 are approved as
AMOCs for the corresponding provisions of EASA AD 2024-0016 that are
required by paragraph (g) of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA 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
paragraph (i)(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.
(j) Additional Information
For more information about this AD, contact Vladimir Ulyanov,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3229; email
<a href="/cdn-cgi/l/email-protection#21774d4045484c48530f744d58404f4e57614740400f464e57"><span class="__cf_email__" data-cfemail="bbedd7dadfd2d6d2c995eed7c2dad5d4cdfbdddada95dcd4cd">[email protected]</span></a>.
(k) 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 2024-0016,
dated January 11, 2024.
(ii) [Reserved]
(3) For EASA AD 2024-0016, contact EASA, Konrad-Adenauer-Ufer 3,
50668
[[Page 41368]]
Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#95d4d1e6d5f0f4e6f4bbf0e0e7fae5f4bbf0e0"><span class="__cf_email__" data-cfemail="91d0d5e2d1f4f0e2f0bff4e4e3fee1f0bff4e4">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., 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#cea8bce0a7a0bdbeabadbaa7a1a08ea0afbcafe0a9a1b8"><span class="__cf_email__" data-cfemail="c8aebae6a1a6bbb8adabbca1a7a688a6a9baa9e6afa7be">[email protected]</span></a>.
Issued on April 26, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-09510 Filed 5-10-24; 8:45 am]
BILLING CODE 4910-13-P
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