[Federal Register Volume 79, Number 165 (Tuesday, August 26, 2014)]
[Proposed Rules]
[Pages 50863-50867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20262]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0584; Directorate Identifier 2014-NM-092-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-09-
05, for certain Airbus Model A330-200 and -300 series airplanes, and
Model A340-200 and -300 series airplanes. AD 2014-09-05 currently
requires repetitive inspections of certain sidestay upper cardan pins
of the main landing gear (MLG), and associated nuts and retainer
assemblies, and pin replacement if necessary. Since we issued AD 2014-
09-05, we have determined that a previously optional measurement is
necessary to address the identified unsafe condition. We are proposing
this AD to detect and correct migration of the sidestay upper cardan
pin, which could result in disconnection of the sidestay upper arm from
the airplane structure, and could result in a landing gear collapse and
consequent damage to the airplane and injury to occupants.
DATES: We must receive comments on this proposed AD by October 10,
2014.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 45 80; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0584; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday,
[[Page 50864]]
except Federal holidays. The AD docket contains this proposed AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138;
fax 425-227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0584;
Directorate Identifier 2014-NM-092-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On April 16, 2014, we issued AD 2014-09-05, Amendment 39-17840 (79
FR 23909, April 29, 2014). AD 2014-09-05 requires actions intended to
address an unsafe condition on certain Airbus Model A330-200 and -300
series airplanes, and Model A340-200 and -300 series airplanes.
Since we issued AD 2014-09-05, Amendment 39-17840 (79 FR 23909,
April 29, 2014), we have determined that the optional measurement
specified in that AD is necessary to address the identified unsafe
condition.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2014-0066, corrected March 20, 2014 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition on certain Airbus Model
A330-200 and -300 series airplanes, and Model A340-200 and -300 series
airplanes. The MCAI states:
An A330 aeroplane equipped with Basic (main landing gear) MLG
was rolling out after landing when it experienced a nose wheel
steering fault (unrelated to the safety subject addressed by this
[EASA] AD), which resulted in the crew stopping the aeroplane on the
taxiway after vacating the runway.
The subsequent investigation revealed that the right-hand MLG
sidestay upper cardan pin had migrated out of position. The sidestay
upper cardan nut and retainer were found in the landing gear bay
detached from the upper cardan pin. The nut and the retainer were
still bolted together.
This condition, if not detected and corrected, could lead to a
complete migration of the sidestay upper cardan pin and a
disconnection of the sidestay upper arm from the aeroplane
structure, possibly resulting in MLG collapse with consequent damage
to the aeroplane and injury to occupants.
To address this potential condition, Airbus published Alert
Operators Transmission (AOT) A32L003-14, providing inspection
instructions.
For the reasons described above, this [EASA] AD requires
accomplishment of repetitive [detailed inspections for visible
chrome] of the MLG upper cardan pin, nut and retainer [and pin
replacement if necessary]. This [EASA] AD also requires
accomplishment of a gap check between wing rear spar fitting lugs
and the bush flanges [and corrective actions if necessary.
Corrective actions include repair or replacement of the cardan pin
assembly].
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0584.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
``Contacting the Manufacturer'' Paragraph in This Proposed AD
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR
78285, December 26, 2013), we proposed to prevent the use of repairs
that were not specifically developed to correct the unsafe condition,
by requiring that the repair approval provided by the State of Design
Authority or its delegated agent specifically refer to the FAA AD. This
change was intended to clarify the method of compliance and to provide
operators with better visibility of repairs that are specifically
developed and approved to correct the unsafe condition. In addition, we
proposed to change the phrase ``its delegated agent'' to include a
design approval holder (DAH) with State of Design Authority design
organization approval (DOA), as applicable, to refer to a DAH
authorized to approve required repairs for the proposed AD.
One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The
proposed wording, being specific to repairs, eliminates the
interpretation that Airbus messages are acceptable for approving minor
deviations (corrective actions) needed during accomplishment of an AD
mandated Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the
[[Page 50865]]
Manufacturer.'' This paragraph now clarifies that for any requirement
in this proposed AD to obtain corrective actions from a manufacturer,
the actions must be accomplished using a method approved by the FAA,
the European Aviation Safety Agency (EASA), or Airbus's EASA DOA.
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
We also have decided not to include a generic reference to either
the ``delegated agent'' or ``design approval holder (DAH) with State of
Design Authority design organization approval,'' but instead we have
provided the specific delegation approval granted by the State of
Design Authority for the DAH throughout this proposed AD.
Costs of Compliance
We estimate that this proposed AD affects 83 airplanes of U.S.
registry.
The actions that are required by AD 2014-09-05, Amendment 39-17840
(79 FR 23909, April 29, 2014), and retained in this proposed AD take
about 1 work-hour per product, at an average labor rate of $85 per
work-hour. Required parts cost $0 per product. Based on these figures,
the estimated cost of the actions that are required by AD 2014-09-05 is
$85 per product.
We also estimate that it would take about 1 work-hour per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $7,055, or $85 per
product.
In addition, we estimate that any necessary follow-on actions would
take about 4 work-hours and require parts costing $7,530, for a cost of
$7,870 per product. We have no way of determining the number of
aircraft that might need these actions.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.
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.
We are 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
We 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. 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 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. Amend Sec. 39.13 by removing Airworthiness Directive (AD) 2014-09-
05, Amendment 39-17840 (79 FR 23909, April 29, 2014), and adding the
following new AD:
Airbus: Docket No. FAA-2014-0584; Directorate Identifier 2014-NM-
092-AD.
(a) Comments Due Date
We must receive comments by October 10, 2014.
(b) Affected ADs
This AD replaces AD 2014-09-05, Amendment 39-17840 (79 FR 23909,
April 29, 2014).
(c) Applicability
This AD applies to the airplanes identified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
(1) Airbus Model A330-201, A330-202, A330-203, A330-223, A330-
243, A330-301, A330-302, A330-303, A330-321, A330-322, A330-323,
A330-341, A330-342, and A330-343 airplanes, all manufacturer serial
numbers (MSNs), equipped with basic (201252 series) main landing
gear (MLG), or growth (201490 series) MLG.
[[Page 50866]]
(2) Airbus Model A340-211, A340-212, A340-213, A340-311, A340-
312, and A340-313 airplanes, all MSNs, equipped with basic (201252
series) MLG or growth (201490 series) MLG.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
Gear.
(e) Reason
This AD was prompted by a report of a sidestay upper cardan pin
of the MLG migrating out of position. We are issuing this AD to
detect and correct migration of the sidestay upper cardan pin, which
could result in disconnection of the sidestay upper arm from the
airplane structure, and which could result in a landing gear
collapse and consequent damage to the airplane and injury to
occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Repetitive Detailed Inspections With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2014-09-05, Amendment 39-17840 (79 FR 23909, April 29, 2014), with
no changes.
(1) For airplanes identified in paragraphs (g)(1)(i) and
(g)(1)(ii) of this AD on which the affected MLG has exceeded 8 years
since first overhaul, as of May 14, 2014 (the effective date of AD
2014-09-05, Amendment 39-17840 (79 FR 23909, April 29, 2014), except
those MLG that have had a second overhaul: Within 30 days after May
14, 2014, accomplish a detailed inspection for visible chrome of
each affected MLG sidestay upper cardan pin, and associated nut and
retainer assembly, in accordance with the instructions of Airbus
Alert Operators Transmission (AOT) A32L003-14, dated March 10, 2014,
including Appendices 1, 2, and 3 (the issue date is not specified on
the appendices).
(i) Airplanes equipped with any MLG sidestay upper cardan pin
subassembly part number (P/N) 201267202 (on 201252 series MLG).
(ii) Airplanes equipped with any MLG sidestay upper cardan pin
subassembly P/N 201483202 (on 201490 series MLG).
(2) If, during any inspection required by paragraph (g)(1) of
this AD, no pin chrome is visible inboard of the wing rear spar
fitting lug, repeat the detailed inspection for visible chrome
specified in paragraph (g)(1) of this AD thereafter at intervals not
to exceed 10 days.
(3) If, during any inspection required by paragraphs (g)(1) or
(g)(2) of this AD, pin chrome is visible inboard of the wing rear
spar fitting lug, before further flight, replace the affected cardan
pin assembly, in accordance with the instructions of Airbus AOT
A32L003-14, dated March 10, 2014, including Appendices 1, 2, and 3
(the issue date is not specified on the appendices). Replacement of
the affected cardan pin assembly terminates the repetitive
inspections required by paragraph (g)(2) of this AD.
Note 1 to paragraph (g) of this AD: MLG sidestay upper cardan
pin subassembly P/N 201267202 (found in Airbus Illustrated Parts
Catalogue (IPC) as item 32-11-18-01) includes the cardan pin P/N
201267600. MLG sidestay upper cardan pin subassembly P/N 201483202
(found in Airbus IPC as item 32-11-18-01) includes the cardan pin P/
N 201483600.
(h) New Terminating Action--Gap Check
Within 4 months after the effective date of this AD: Measure the
cardan pin clearance dimensions (gap check) and do the applicable
corrective action specified in paragraph (h)(1) or (h)(2) of this
AD. Measuring the gap check and doing the applicable corrective
action specified in paragraph (h)(1) or (h)(2) of this AD, as
applicable, terminates the repetitive inspections required by
paragraphs (g)(1) and (g)(2) of this AD for that sidestay upper
cardan pin, nut, and retainer only. The measurement must be done in
accordance with Airbus AOT A32L003-14, dated March 10, 2014,
including Appendices 1, 2, and 3 (the issue date is not specified on
the appendices).
(1) If the total clearance dimension (gap check result) is equal
to or greater than 1.5 mm, before further flight, replace the cardan
pin assembly, in accordance with Airbus AOT A32L003-14, dated March
10, 2014, including Appendices 1, 2, and 3 (the issue date is not
specified on the appendices).
(2) If the total clearance dimension (gap check) is less than
1.5 mm but greater than 0.6 mm, do the actions specified in
paragraphs (h)(2)(i) and (h)(2)(ii) of this AD.
(i) Before further flight, send the information (Appendix 2
proforma, photographs, and the movement traceability sheet)
specified in paragraph 4.2.3, ``Findings,'' of Airbus AOT A32L003-
14, dated March 10, 2014, including Appendices 1, 2, and 3, to
Airbus at the address specified in Appendix 2 of Airbus AOT A32L003-
14, dated March 10, 2014.
(ii) Within 30 days after accomplishing the gap check, repair
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation
Safety Agency (EASA); or Airbus's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.
(i) New Reporting of Inspection Results
For airplanes on which a gap check specified in paragraph (h) of
this AD has been done: Except as required by paragraph (h)(2)(i) of
this AD, at the applicable time specified in paragraphs (i)(1) and
(i)(2) of this AD, report all findings (including no findings) to
Airbus, in accordance with Airbus AOT A32L003-14, dated March 10,
2014, including Appendices 1, 2, and 3, (the issue date is not
specified on the appendices).
(1) If the gap check was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(2) If the gap check was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone 425-227-1138; fax 425-227-1149. 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 local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2014-
0066 (Corrected March 20, 2014), for related information. This MCAI
may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2014-0584.
(2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33
[[Page 50867]]
5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; Internet http://www.airbus.com. You may view this
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call 425-227-1221.
Issued in Renton, Washington, on August 15, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-20262 Filed 8-25-14; 8:45 am]
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