[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Rules and Regulations]
[Pages 78226-78229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21797]



[[Page 78226]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0223; Project Identifier MCAI-2023-00996-T; 
Amendment 39-22821; AD 2024-16-15]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A330-200, A330-200 freighter, A330-800, and A330-900 
series airplanes; Model A330-301, -302, -303, -323, -342, and -343 
airplanes; and Model A340-312 and -313 airplanes. This AD was prompted 
by reports of quality non-conformity on main landing gear (MLG) axles 
where the high velocity oxygen-fuel (HVOF) coating on the bearing 
journal runout areas had a coating that was thicker than allowable 
limits. This AD requires repetitive inspections of the affected parts 
(MLG axles) for any discrepancy, corrective actions, and eventual 
replacement of affected parts, and prohibits the installation of 
affected parts, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective October 30, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 30, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0223; 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 final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For EASA material 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#48090c3b082d293b29662d3d3a273829662d3d"><span class="__cf_email__" data-cfemail="5a1b1e291a3f3b293b743f2f28352a3b743f2f">[email protected]</span></a>; website easa.europa.eu. You may find 
this material on the EASA website at ad.easa.europa.eu.
    <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. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2024-0223.

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#4f39232e2b2622263d613a23362e2120390f292e2e61282039"><span class="__cf_email__" data-cfemail="e1978d8085888c8893cf948d98808f8e97a1878080cf868e97">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus SAS Model 
A330-200, A330-200 freighter, A330-800, and A330-900 series airplanes; 
Model A330-301, -302, -303, -323, -342, and -343 airplanes; and Model 
A340-312 and -313 airplanes. The NPRM published in the Federal Register 
on February 12, 2024 (89 FR 9795). The NPRM was prompted by EASA AD 
2023-0167, dated August 30, 2023 (EASA AD 2023-0167) (also referred to 
as the MCAI), issued by EASA, which is the Technical Agent for the 
Member States of the European Union. The MCAI states there are reports 
of quality non-conformity on MLG axles where the HVOF coating on the 
bearing journal runout areas had a coating thicker than allowable 
limits. This over-thickness could lead to damage, cracking, or spalling 
of the protective coating, which could expose the base material and 
allow corrosion to develop. This condition, if not detected and 
corrected, could lead to a MLG axle failure, possibly resulting in a 
MLG collapse, with consequent damage to the airplane and injury to 
occupants.
    In the NPRM, the FAA proposed to require repetitive inspections of 
the affected parts (MLG axles) for any discrepancy, corrective actions, 
and eventual replacement of affected parts, and to prohibit the 
installation of affected parts, as specified in EASA AD 2023-0167. The 
FAA is issuing 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-2024-0223.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from two commenters, Air Line Pilots 
Association, International (ALPA), and an anonymous commenter, who 
supported the NPRM without change.
    The FAA received additional comments from Delta Air Lines. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request for an Exception To Clarify Re-Installation of an Affected Part

    Delta Air Lines (Delta) requested adding an exception to paragraph 
(h) of the proposed AD to clarify note 2 of EASA AD 2023-0167 regarding 
installation versus re-installation of affected parts. Delta requested 
that the exception state that if an assembly, including the bogie beam 
assembly, containing an affected part is removed and re-installed 
during a single maintenance visit, that action is not considered an 
installation as specified in paragraph (7) of EASA AD 2023-0167. Delta 
stated that note 2 of EASA AD 2023-0167 allows the MLG to be removed 
and re-installed during the same maintenance visit but does not address 
sub-assemblies containing affected parts.
    The FAA agrees to add an exception to paragraph (h) of this AD to 
address reinstallation of assemblies, including bogie beam assemblies. 
As defined in EASA AD 2023-0167, the affected parts are MLG axles with 
certain part numbers and serial numbers. The MLG axle is installed in 
the MLG bogie beam assembly. Bogie beam assemblies with an affected 
axle may be removed and reinstalled on the MLG as a separate unit. 
Paragraph (7) of EASA AD 2023-0167 prohibits the installation of a MLG 
having an affected axle. Note 2 of EASA AD 2023-0167 allows removal of 
MLG having an affected axle and subsequent reinstallation of that MLG 
on the same airplane, accomplished during a single maintenance visit, 
which is not considered as an installation as specified in paragraph 
(7) of EASA AD 2023-0167. Since the bogie beam assembly, with an 
affected axle, may be removed and reinstalled on the MLG as a separate 
unit during a single maintenance visit, such reinstallation should also 
not be considered an installation as specified in paragraph (7) of EASA 
AD 2023-0167. Paragraph (h)(5) has been added to this AD accordingly.

[[Page 78227]]

Request for an Exception To Address Service Information Error

    Delta requested an exception be added to paragraph (h) of the 
proposed AD to address an error in the service information referenced 
in EASA AD 2023-0167. Delta stated that a ``Required for Compliance'' 
(RC) step, paragraph 3.C.(1)(b)1a (in Task set A330-A-32-XX-3305-01000-
93BA-A), specifies to ``remove the cover protection of the affected 
axle,'' but pointed out that a note advises against the removal of 
paint or zinc nickel to complete the inspection. Delta added that it 
asked Airbus for clarification and that Airbus confirmed that the paint 
or zinc nickel on the HVOF should not be removed, and that the step 
``remove the cover protection of the affected axle'' should be deleted 
from the service information. Delta asserted that adding the exception 
to delete the step would eliminate the need to request an alternative 
method of compliance (AMOC) when the final AD is published.
    The FAA agrees to add an exception to paragraph (h) of this AD to 
address the specified error in the procedures for a detailed inspection 
of the affected axle. The exception in paragraph (h)(6) of this AD has 
been added for the reasons described by Delta.

Conclusion

    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 reviewed the relevant data, considered the 
comments received, and determined that air safety requires adopting 
this AD as proposed. Accordingly, the FAA is issuing this AD to address 
the unsafe condition on this product. Except for minor editorial 
changes, and any other changes described previously, this AD is adopted 
as proposed in the NPRM. None of the changes will increase the economic 
burden on any operator.

Material Incorporated by Reference Under 1 CFR Part 51

    EASA AD 2023-0167 specifies, for certain airplanes, procedures for 
repetitive inspections of the affected parts (MLG axles) for any 
discrepancy (damage, cracking, or spalling of HVOF coating, or 
corrosion), doing corrective actions including obtaining and following 
repair instructions and replacement of affected parts. EASA AD 2023-
0167 also prohibits the installation of affected parts, and 
installation of MLG having an affected part installed. 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.

Costs of Compliance

    The FAA estimates that this AD affects 7 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Part and serial number inspection  0.5 work-hours x                 $0  $42.50.............  $298.
                                    $85 per hour =
                                    $42.50 per
                                    airplane.
Inspection of affected axle......  Up to 16 work-hours               0  Up to $1,360 per     Up to $9,520 per
                                    x $85 per hour =                     axle, per            axle, per
                                    $1,360 per axle,                     inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                 Action                          Labor cost            Parts cost          Cost per product
----------------------------------------------------------------------------------------------------------------
Repair.................................  Up to 16 work-hours x $85               $0  $1,360.
                                          per hour = $1,360.
Axle replacement.......................  Up to 88 work-hours x $85           47,126  $54,606.
                                          per hour = $7,480.
Optional replacement of MLG............  Up to 48 work-hours x $85              (*)  Up to $4,080.
                                          per hour = $4,080.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for a replacement MLG. The parts
  cost must be obtained through SAFRAN.

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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and

[[Page 78228]]

    (3) Will 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 Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:

2024-16-15 Airbus SAS: Amendment 39-22821; Docket No. FAA-2024-0223; 
Project Identifier MCAI-2023-00996-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 30, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus airplanes identified in paragraphs 
(c)(1) through (4) of this AD, certificated in any category.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -323, -342, -343, -841, and -941 
airplanes.
    (4) Model A340-312 and -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
Gear.

(e) Unsafe Condition

    This AD was prompted by reports of quality non-conformity on 
main landing gear (MLG) axles where the high velocity oxygen fuel 
(HVOF) coating on the bearing journal runout areas had excessive 
coating compared to the drawing limits. The FAA is issuing this AD 
to address damage, cracking, or spalling of the protective HVOF 
coating and exposure of the base material, which could allow 
corrosion to develop. The unsafe condition, if not addressed, could 
result in a MLG axle failure, possibly resulting in a MLG collapse, 
with consequent damage to the airplane and injury to occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2023-0167, dated August 30, 2023 (EASA AD 2023-0167).

(h) Exceptions to EASA AD 2023-0167

    (1) Where EASA AD 2023-0167 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2023-0167 specifies to 
inspect within 24 months after the part entry into service, this AD 
requires inspecting within 30 months after the part entry into 
service or 30 days after the effective date of this AD, whichever 
occurs later.
    (3) Paragraph (3) of EASA AD 2023-0167 specifies ``If, during 
any inspection as required by paragraph (1) of this AD, any 
discrepancy, as defined in the SB, is detected, before next flight, 
contact SAFRAN Landing Systems for approved corrective action 
instructions and, within the compliance time specified therein, 
accomplish those instructions accordingly. If no compliance time is 
identified in those instructions, accomplish the applicable 
corrective action(s) before next flight.'' This AD, however, 
requires replacing that text with ``If, during any inspection as 
required by paragraph (1) of this AD, any discrepancy, as defined in 
the SB, is detected, the discrepancy must be repaired before further 
flight using a method approved by the Manager, International 
Validation Branch, FAA; or EASA; Airbus SAS's EASA Design 
Organization Approval (DOA); or SAFRAN Landing Systems' DOA. If 
approved by the DOA, the approval must include the DOA-authorized 
signature.''
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0167.
    (5) This AD requires replacing the text of Note 2 of EASA AD 
2023-0167 with ``Removal of an MLG or an assembly, including the 
bogie beam assembly, having an affected part installed from an 
aeroplane and subsequent reinstallation of that MLG or assembly, 
including the bogie beam assembly, on the same aeroplane, 
accomplished during a single maintenance visit, is not considered as 
installation as specified in paragraph (7) of this EASA AD.''
    (6) Where the service information referenced in EASA AD 2023-
0167 specifies to ``remove the cover protection of the affected 
axle'' prior to inspecting the affected part, this AD does not 
include that requirement.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-0167 
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 manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (k) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#70495d3126235d3139225d4743405d313d3f33301611115e171f06"><span class="__cf_email__" data-cfemail="8bb2a6caddd8a6cac2d9a6bcb8bba6cac6c4c8cbedeaeaa5ece4fd">[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; Airbus SAS's EASA Design 
Organization Approval (DOA); or SAFRAN Landing System's EASA 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)(6), (i), 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 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#93e5fff2f7fafefae1bde6ffeaf2fdfce5d3f5f2f2bdf4fce5"><span class="__cf_email__" data-cfemail="cfb9a3aeaba6a2a6bde1baa3b6aea1a0b98fa9aeaee1a8a0b9">[email protected]</span></a>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2023-0167, 
dated August 30, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0167, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#0c4d487f4c696d7f6d2269797e637c6d226979"><span class="__cf_email__" data-cfemail="3170754271545042501f5444435e41501f5444">[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.

[[Page 78229]]

    (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 <a href="/cdn-cgi/l/email-protection#ea8c98c48384999a8f899e838584aa848b988bc48d859c"><span class="__cf_email__" data-cfemail="dabca8f4b3b4a9aabfb9aeb3b5b49ab4bba8bbf4bdb5ac">[email protected]</span></a>.

    Issued on August 6, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-21797 Filed 9-24-24; 8:45 am]
BILLING CODE 4910-13-P


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