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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 [www.gpo.gov]
[FR Doc No: 2023-23724]

========================================================================
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.

========================================================================


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).

-----------------------------------------------------------------------

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:
     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-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:
     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 [email protected]; website easa.europa.eu. You may 
find this material on the EASA website ad.easa.europa.eu. It is also 
available at regulations.gov under Docket No. FAA-2023-2136.
     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 [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 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 
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; telephone 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 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 
regulations.gov 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 regulations.gov 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.
----------------------------------------------------------------------------------------------------------------

    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: [email protected]. 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 [email protected].

(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 
[email protected]; 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 www.archives.gov/federal-register/cfr/ibr-locations, or email [email protected].

    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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