[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Rules and Regulations]
[Pages 46068-46071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15178]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0011; Project Identifier MCAI-2022-00211-T; 
Amendment 39-22478; AD 2023-12-19]
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 superseding Airworthiness Directive (AD) 2013-07-
03, which applied to all Airbus SAS Model A330-200, A330-200 Freighter, 
A330-300, A340-200, and A340-300 series airplanes; and Model A340-541 
and A340-642 airplanes. AD 2013-07-03 required repetitive inspections 
for degradation of the bogie pivot pins and for any cracks and damage 
of the pivot pin bushes of the main and central landing gear; an 
inspection of the affected bogie pivot pins for corrosion and base 
metal cracks; and repairing or replacing bogie pivot pins and pivot pin 
bushes, if necessary. This AD was prompted by development of a 
modification that address the unsafe condition and a determination that 
a parts installation prohibition is necessary. This AD continues to 
require certain actions in AD 2013-07-03, add an optional modification 
that would terminate the repetitive inspections, and add a parts 
installation prohibition, as specified in a European Union Aviation 
Safety Agency (EASA), which is incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective August 23, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 23, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0011; 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:
     For material incorporated by reference in this AD, 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 at ad.easa.europa.eu.
     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-2023-0011.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3229; email [email protected].

[[Page 46069]]


SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2013-07-03, Amendment 39-17407 (78 FR 
21227, April 10, 2013) (AD 2013-07-03). AD 2013-07-03 applied to all 
Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A340-200, and 
A340-300 series airplanes; and Model A340-541 and A340-642 airplanes. 
AD 2013-07-03 required repetitive inspections for degradation of the 
bogie pivot pins and for any cracks and damage of the pivot pin bushes 
of the main and central landing gear; an inspection of the affected 
bogie pivot pins for corrosion and base metal cracks; and repairing or 
replacing bogie pivot pins and pivot pin bushes, if necessary. The FAA 
issued AD 2013-07-03 to detect and correct cracks and damage to the 
main and central landing gear, which could result in the collapse of 
the landing gear and adversely affect the airplane's continued safe 
flight and landing.
    The NPRM published in the Federal Register on January 13, 2023 (88 
FR 2283). The NPRM was prompted by AD 2022-0025R2, dated August 9, 
2022, issued by EASA (EASA AD 2022-0025R2) (also referred to as the 
MCAI). The MCAI states that since EASA issued AD 2012-0053, dated March 
30, 2012, Airbus developed mod 207165 and mod 207649, introducing a new 
bogie pivot pin for certain main landing gear. The MCAI includes the 
modification as an optional terminating action for the repetitive 
inspections. The MCAI also determined that a parts installation 
prohibition is necessary. The MCAI also states that main and central 
landing gear overhauls contains actions that are equivalent to those 
required by EASA AD 2012-0053, dated March 30, 2012, and therefore, 
credit is provided for those actions.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0011.
    In the NPRM, the FAA proposed to continue to require certain 
actions in AD 2013-07-03, add an optional modification that would 
terminate the repetitive inspections, and add a parts installation 
prohibition, as specified in EASA AD 2022-0025R2. The FAA is issuing 
this AD to address cracks and damage to the main and central landing 
gear. The unsafe condition, if not addressed, could result in the 
collapse of the landing gear and consequent damage to the airplane and 
injury to occupants.

Discussion of Final Airworthiness Directive

Comments

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

Request for Additional Exception to the MCAI

    Delta requested an exception to provide a terminating action as a 
means of compliance with the proposed optional terminating action of 
paragraph (g) of the proposed AD. Delta stated that service information 
specified in EASA 2022-0025R2 for modifying the main landing gear (MLG) 
while on the airplane wing references other information that seems to 
allow for modification of the MLG while it is off the wing. Delta 
received confirmation from Airbus that it is acceptable to replace 
unmodified MLG with MLG that has been previously modified off the wing. 
Delta also pointed out that the service information specified in EASA 
2022-0025R2 specified an AMM task that is intended for use while the 
MLG is on the wing and an exception would need to accommodate a 
reference to an AMM task that is intended for use while the MLG is off 
the wing.
    The FAA agrees to add an exception to paragraph (h) of this AD that 
allows for installing a MLG that was modified off the wing. Installing 
a previously modified MLG that was modified off the wing is acceptable 
for the optional terminating action that terminates the repetitive 
inspections required by this AD.

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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0025R2 specifies procedures for repetitive detailed 
inspections for degradation of the bogie pivot pins and for any cracks 
and damage of the pivot pin bushes of the main and central landing 
gear; an non-destructive test (NDT) inspection (i.e., magnetic particle 
inspection) of the affected bogie pivot pins for corrosion and base 
metal cracks; and corrective actions if necessary (i.e., repairing or 
replacing bogie pivot pins and pivot pin bushes). EASA AD 2022-0025R2 
also provides an optional modification, which terminates the repetitive 
inspections. EASA AD 2022-0025R2 also includes a parts installation 
prohibition for the affected parts. 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 115 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
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Retained actions from AD 2013-07-03.  22 work-hours x $85 per              $0           $1,870         $215,050
                                       hour = $1,870.
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[[Page 46070]]


                 Estimated Costs for New Optional Action
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           Labor cost                 Parts cost       Cost per product
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24 work-hours x $85 per hour =    Up to $30,150.....  Up to $32,190.
 $2,040.
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                 Estimated Costs of On-Condition Actions
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           Labor cost                 Parts cost       Cost per product
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Up to 8 work-hours x $85 per      Up to $2,122......  Up to $2,802.
 hour = $680.
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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
    (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:
0
a. Removing Airworthiness Directive (AD) 2013-07-03, Amendment 39-17407 
(78 FR 21227, April 10, 2013); and
0
b. Adding the following new AD:

2023-12-19 Airbus SAS: Amendment 39-22478; Docket No. FAA-2023-0011; 
Project Identifier MCAI-2022-00211-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 23, 2023.

(b) Affected ADs

    This AD replaces AD 2013-07-03, Amendment 39-17407 (78 FR 21227, 
April 10, 2013) (AD 2013-07-03).

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (5) of this AD; certificated in any 
category.
    (1) Model A330-201, -202, -203, -223, -223F, -243 and -243F 
airplanes.
    (2) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (3) Model A340-211, -212, and -213 airplanes.
    (4) Model A340-311, -312, and -313 airplanes.
    (5) Model A340-541 and -642 airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of cracks in the bogie pivot pin 
of the main and central landing gear bogie beams. Investigation 
indicated these findings were the result of material heating due to 
friction between the bogie pivot pin and bush, leading to chrome 
detachment and chrome dragging on the bogie pivot pin. Since 
issuance of AD 2013-07-03, an optional terminating modification was 
developed and it was also determined that a parts installation 
prohibition is necessary. The FAA is issuing this AD to address 
cracks and damage to the main and central landing gear. The unsafe 
condition, if not addressed, could result in the collapse of the 
landing gear 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) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2022-0025R2, dated August 9, 2022 (EASA AD 2022-0025R2).

(h) Exceptions to EASA AD 2022-0025R2

    (1) Where EASA AD 2022-0025R2 refers to March 1, 2022 (the 
effective date of EASA AD 2022-0025, dated February 15, 2022), this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0025R2 refers to April 13, 2012 (the 
effective date of EASA AD 2012-0053, dated March 30, 2012), this AD 
requires using May 15, 2013 (the effective date of AD 2013-07-03).
    (3) Where paragraph (4) of EASA AD 2022-0025R2 specifies 
corrective actions for the non-destructive test (NDT) inspection, 
replace the text ``the base metal of the affected part is found 
corroded'' with ``the bogie pivot pin is found corroded or the base 
metal is found cracked.''
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0025R2.
    (5) For the terminating modification specified in paragraph (7) 
of EASA AD 2022-0025R2, replacement of the unmodified main landing 
gear (MLG) with MLG that has been previously modified off the 
airplane is acceptable for compliance, provided the modification was 
done as specified in the applicable Safran Landing Systems Service 
Bulletin A33/34-32-315, dated November 28, 2017; A33/34-32-319, 
dated September 13, 2018; or A33/34-32-320, dated September 13, 
2018; and the test after the modification was done as specified in 
AMM task 32-11-11-400-801-A.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-
0025R2 specifies to submit certain information to the

[[Page 46071]]

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].
    (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 2013-07-03 are approved as 
AMOCs for the corresponding provisions of EASA AD 2022-0025R2 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 (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; telephone 206-231-3229; 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 2022-0025R2, 
dated August 9, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0025R2, 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 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 that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 21, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-15178 Filed 7-18-23; 8:45 am]
BILLING CODE 4910-13-P


