Proposed Rule2024-22180
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 30, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD was prompted by an updated stress analysis on the forward (FWD) cargo door and its attachment piano hinges that revealed a risk of cracking and crack propagation on piano hinges 2 and 3, originating from opening-closing fatigue cycles of the FWD cargo door. This proposed AD would require an inspection of the affected parts, and applicable corrective actions, 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 189 (Monday, September 30, 2024)</title>
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[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Proposed Rules]
[Pages 79477-79480]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22180]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2320; Project Identifier MCAI-2024-00268-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
[[Page 79478]]
certain Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD
was prompted by an updated stress analysis on the forward (FWD) cargo
door and its attachment piano hinges that revealed a risk of cracking
and crack propagation on piano hinges 2 and 3, originating from
opening-closing fatigue cycles of the FWD cargo door. This proposed AD
would require an inspection of the affected parts, and applicable
corrective actions, 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 November
14, 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-2024-2320; 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 identified in this proposed AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#3475704774515547551a5141465b44551a5141"><span class="__cf_email__" data-cfemail="b9f8fdcaf9dcd8cad897dccccbd6c9d897dccc">[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-2024-2320.
<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: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; email <a href="/cdn-cgi/l/email-protection#ed898c99c39bc38188ad8b8c8cc38a829b"><span class="__cf_email__" data-cfemail="fc989d88d28ad29099bc9a9d9dd29b938a">[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 the ADDRESSES section. Include ``Docket No. FAA-2024-2320;
Project Identifier MCAI-2024-00268-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 Dat
Le, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#7d191c09530b5311183d1b1c1c531a120b"><span class="__cf_email__" data-cfemail="2f4b4e5b015901434a6f494e4e01484059">[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 2024-0129, dated July 5, 2024 (also
referred to as the MCAI), to correct an unsafe condition for certain
Airbus SAS Model A350-941 and -1041 airplanes. The MCAI states an
update of the stress analysis resulted in a new definition of interface
load distribution between the FWD cargo door and the associated
fuselage piano hinges. Further investigation revealed a risk of
cracking and crack propagation on the affected parts, originating from
opening-closing fatigue cycles of the FWD cargo door. Under this
condition, door operation could cause damage to the FWD cargo door
surrounding structure.
The FAA is proposing this AD to address damage to the FWD cargo
door surrounding structure, which could reduce the 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-2024-2320.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0129 specifies procedures for performing a detailed
inspection for cracks and damage (including dents, discoloration,
punctures, nicks, and scratches) of the FWD cargo door piano hinges 2
and 3, and obtaining and following instructions for repair of cracks
and damage. EASA AD 2024-0129 also specifies procedures for checking
the condition and integrity of the temporary protection system (TPS)
layer, if installed, removing any damaged TPS layer, and applying a new
layer if the TPS layer was damaged, removed, or cleaned.
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 2024-0129 described previously, except for any differences
[[Page 79479]]
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 2024-0129 by reference in the FAA
final rule. This proposed AD would, therefore, requires compliance with
EASA AD 2024-0129 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 2024-0129 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-
0129. Material required by EASA AD 2024-0129 for compliance will be
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-2320 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 28 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspection (cargo door piano hinges) 1 work-hour x $85 per $0 $85 $2,380
and TPS layer check. hour = $85.
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions 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 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 adding the following new airworthiness
directive:
Airbus SAS: Docket No. FAA-2024-2320; Project Identifier MCAI-2024-
00268-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by November 14, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2024-0129, dated July 5, 2024
(EASA AD 2024-0129).
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by an updated stress analysis on the
forward (FWD) cargo door and its attachment piano hinges that
revealed a risk of cracking and crack propagation on piano hinges 2
and 3, originating from opening-closing fatigue cycles of the FWD
cargo door. The FAA is issuing this AD to address potential failure
of the piano hinges due to cracking. The unsafe condition, if not
addressed, could result in damage to the FWD cargo door surrounding
structure and consequent 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, EASA AD 2024-0129.
(h) Exceptions to EASA AD 2024-0129
(1) Where EASA AD 2024-0129 refers to ``16 May 2024 [the
effective date of EASA AD 2024-0098],'' this AD requires using the
effective date of this AD.
(2) Where paragraph (2) of EASA AD 2024-0129 specifies ``if,
during the DET as required by paragraph (1) of this AD, any crack or
damage is detected, before next flight, contact Airbus for approved
instructions and, within the compliance time specified therein,
[[Page 79480]]
accomplish those instructions accordingly,'' this AD requires
replacing that text with ``if any crack or damage is detected, the
crack or damage 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.''
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0129.
(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#0d4c40424e4d6b6c6c236a627b"><span class="__cf_email__" data-cfemail="e7a6aaa8a4a7818686c9808891">[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)(2) and (i)(2) of this AD, if any material referenced
in EASA AD 2024-0129 contains paragraphs that are labeled as RC, the
instructions in RC paragraphs, including subparagraphs under an RC
paragraph, must be done to comply with this AD; any paragraphs,
including subparagraphs under those paragraphs, that are not
identified as RC are recommended. The instructions in paragraphs,
including subparagraphs under those paragraphs, not identified as RC
may be deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the instructions identified as RC can
be done and the airplane can be put back in an airworthy condition.
Any substitutions or changes to instructions identified as RC
require approval of an AMOC.
(j) Additional Information
For more information about this AD, contact Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#3a5e5b4e144c14565f7a5c5b5b145d554c"><span class="__cf_email__" data-cfemail="187c796c366e36747d587e7979367f776e">[email protected]</span></a>.
(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 2024-0129,
dated July 5, 2024.
(ii) [Reserved]
(3) For EASA AD 2024-0129 identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#07464374476266746629627275687766296272"><span class="__cf_email__" data-cfemail="88c9ccfbc8ede9fbe9a6edfdfae7f8e9a6edfd">[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 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.
(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#2a4c58044344595a4f495e4345446a444b584b044d455c"><span class="__cf_email__" data-cfemail="a4c2d68acdcad7d4c1c7d0cdcbcae4cac5d6c58ac3cbd2">[email protected]</span></a>.
Issued on September 23, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-22180 Filed 9-27-24; 8:45 am]
BILLING CODE 4910-13-P
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