[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Proposed Rules]
[Pages 27029-27032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09419]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0505; Project Identifier MCAI-2021-01289-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 all Airbus SAS Model A300 B4-600, B4-600R, and F4-600R series 
airplanes, and Model A300 C4-605R Variant F airplanes (collectively 
called Model A300-600 series airplanes). This proposed AD was prompted 
by a determination that new or more restrictive airworthiness 
limitations are necessary. This proposed AD would require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference. 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 June 21, 
2022.

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 https://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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +49 221 8999 000; email: [email protected]; internet: 
www.easa.europa.eu. You may find this material on the EASA website at 
https://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 https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0505.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0505; 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.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large 
Aircraft Section, FAA, International Validation Branch, 2200 South 
216th St., Des Moines, WA 98198; phone: 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-2022-0505; Project Identifier 
MCAI-2021-01289-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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

[[Page 27030]]

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, Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; phone: 
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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0258, dated November 17, 2021 
(EASA AD 2021-0258) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A300-600 series airplanes.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to prevent reduced structural integrity of the 
airplane.
    EASA previously issued EASA AD 2019-0090, dated April 26, 2019 
(EASA AD 2019-0090), requiring the actions described in the Airbus 
A300-600 Airworthiness Limitations Section (ALS), Part 2, ``Damage 
Tolerant Airworthiness Limitation Items (DT-ALI),'' Revision 03, dated 
December 14, 2018, which also includes the limit of validity (LOV) for 
the Model A300-600 airplanes. EASA AD 2019-0090 corresponds to FAA AD 
2019-21-01, Amendment 39-19767 (84 FR 56935, October 24, 2019) (AD 
2019-21-01). Since that EASA AD was issued, Airbus published the 
Variation, as defined in EASA AD 2021-0258, which reduces the LOV for 
Model A300-600 airplanes, reflecting the engineering data that supports 
the structural maintenance program and that corresponds to the period 
of time during which it is demonstrated that Widespread Fatigue Damage 
will not occur. EASA AD 2021-0258 does not supersede EASA AD 2019-0090, 
but does specify that it invalidates the LOV as specified in the Airbus 
A300-600 ALS, Part 2. Therefore, this proposed AD would replace the 
LOVs specified in Airbus A300-600 Airworthiness Limitations Section 
(ALS), Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT-
ALI),'' Revision 03, dated December 14, 2018, as required by FAA AD 
2019-21-01.
    For the reason described above, this AD requires compliance with 
the reduced LOV as specified in the variation. See the MCAI for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0258 describes new or more restrictive airworthiness 
limitations for airplane LOVs. 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

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the 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 revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, which are specified in EASA AD 
2021-0258 described previously, as incorporated by reference. Any 
differences with EASA AD 2021-0258 are identified as exceptions in the 
regulatory text of this AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions. Compliance with these 
actions is required by 14 CFR 91.403(c). For airplanes that have been 
previously modified, altered, or repaired in the areas addressed by 
this proposed AD, the operator may not be able to accomplish the 
actions described in the revisions. In this situation, to comply with 
14 CFR 91.403(c), the operator must request approval for an alternative 
method of compliance according to paragraph (j)(1) of this proposed AD.
    As described in FAA Advisory Circular 120-104 (https://www.faa.gov/documentLibrary/media/Advisory_Circular/120-104.pdf), several programs 
have been developed to support initiatives that will ensure the 
continued airworthiness of aging airplane structure. The last element 
of those initiatives is the requirement to establish a LOV of the 
engineering data that support the structural maintenance program under 
14 CFR 26.21. This proposed AD is the result of an assessment of the 
previously established programs by the design approval holder (DAH) 
during the process of establishing the LOV for the affected airplanes. 
The actions specified in this proposed AD are necessary to complete 
certain programs to ensure the continued airworthiness of aging 
airplane structure and to support an airplane reaching its LOV.

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 2021-0258 by reference in the FAA 
final rule. Service information required by EASA AD 2021-0258 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0505 after the FAA final 
rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes

[[Page 27031]]

airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections) or intervals may be used unless the actions and intervals 
are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in the AMOCs paragraph under 
``Additional FAA Provisions.'' This new format includes a ``New 
Provisions for Alternative Actions and Intervals'' paragraph that does 
not specifically refer to AMOCs, but operators may still request an 
AMOC to use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 110 airplanes 
of U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate. Therefore, the agency estimates the average total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

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 has 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-2022-0505; Project Identifier MCAI-2021-
01289-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 21, 2022.

(b) Affected ADs

    This AD affects AD 2019-21-01, Amendment 39-19767 (84 FR 56935, 
October 24, 2019) (AD 2019-21-01).

(c) Applicability

    This AD applies to all Airbus SAS Model A300 B4-601, B4-603, B4-
620, B4-622 B4-605R, B4-622R, C4-605R Variant F, F4-605R, and F4-
622R airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to prevent 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, European Union Aviation Safety Agency (EASA) AD 
2021-0258, dated November 17, 2021 (EASA AD 2021-0258).

(h) Exceptions to EASA AD 2021-0258

    (1) Where EASA AD 2021-0258 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2021-0258 specifies ``This AD 
invalidates the LOV [limit of validity] as specified in Airbus A300-
600 ALS Part 2 Revision 03 [EASA AD 2019-0090],'' this AD replaces 
the LOVs specified in paragraph 3.1 of Airbus A300-600 Airworthiness 
Limitations Section (ALS), Part 2, ``Damage Tolerant Airworthiness 
Limitation Items (DT-ALI),'' Revision 03, dated December 14, 2018, 
as required by FAA AD 2019-21-01.
    (3) Paragraph (2) of EASA AD 2021-0258 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, within 90 days after the effective date of this AD.
    (4) The ``Remarks'' section of EASA AD 2021-0258 does not apply 
to this AD.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals are allowed unless they are 
approved as specified in the provisions of the ``Ref. Publications'' 
section of EASA AD 2021-0258.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (k)(2) of 
this AD.

[[Page 27032]]

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.
    (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, Large Aircraft 
Section, 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.

(k) Related Information

    (1) For EASA AD 2021-0258, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]; internet: www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://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. This material may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0505.
    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone: 206-231-3225; email: [email protected].

    Issued on April 22, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-09419 Filed 5-5-22; 8:45 am]
BILLING CODE 4910-13-P


