Rule2022-06535
Airworthiness Directives; Airbus SAS Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 29, 2022
Effective
May 3, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting 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 AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires 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 incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 60 (Tuesday, March 29, 2022)</title>
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[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Rules and Regulations]
[Pages 17939-17941]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06535]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Rules
and Regulations
[[Page 17939]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0617; Project Identifier MCAI-2021-00385-T;
Amendment 39-21879; AD 2021-26-20]
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 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 AD was prompted by a determination
that new or more restrictive airworthiness limitations are necessary.
This AD requires 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 incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective May 3, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publications listed in this AD as of May 3,
2022.
ADDRESSES: For EASA material incorporated by reference (IBR) 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#4b0a0f380b2e2a382a652e3e39243b2a652e3e"><span class="__cf_email__" data-cfemail="b7f6f3c4f7d2d6c4d699d2c2c5d8c7d699d2c2">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2021-0617.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0617; 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.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225; email
<a href="/cdn-cgi/l/email-protection#3450555a1a465b505d5a55745255551a535b42"><span class="__cf_email__" data-cfemail="5337323d7d213c373a3d32133532327d343c25">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0093, dated March 30, 2021
(EASA AD 2021-0093) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A300-600 series airplanes.
EASA AD 2021-0093 specifies that it requires tasks (limitations)
already required by EASA AD 2019-0090 (which corresponds to FAA AD
2019-21-01, Amendment 39-19767 (84 FR 56935, October 24, 2019) (AD
2019-21-01)) and EASA AD 2020-0111R2 (which corresponds to FAA AD 2020-
23-11, Amendment 39-21327 (85 FR 75838, November 27, 2020) (AD 2020-23-
11)) and invalidates prior instructions for those tasks. For AD 2019-
21-01 and AD 2020-23-11, this AD terminates the limitation for the
tasks identified in the service information referred to in EASA AD
2021-0093 only.
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
A300-600 series airplanes. The NPRM published in the Federal Register
on August 9, 2021 (86 FR 43440). The NPRM was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. The NPRM proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in EASA AD
2021-0093.
The FAA is issuing this AD to address fatigue cracking, damage, and
corrosion in principal structural elements, which could result in
reduced structural integrity of the fuselage. See the MCAI for
additional background information.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from FedEx Express, who supported the
NPRM without change.
The FAA received additional comments from UPS Airlines. The
following presents the comments received on the NPRM and the FAA's
response to each comment.
Request To Revise the Proposed AD To Supersede Previous ADs
UPS Airlines requested that the FAA minimize the number of
rulemaking activities in this area and suggested revising the current
proposed rule to include the latest released variation information and
the two current mandated rulings (AD 2019-21-01 and AD 2020-23-11),
while superseding them. UPS stated that it anticipates that EASA will
release a proposed AD to mandate the latest variation information. UPS
asserted that multiple active rulings for the same program requirements
place an unnecessary compliance tracking burden on operators for the
hundreds of tasks within the airworthiness limitations section (ALS)
program, while offering no enhancement or benefit to fleet
airworthiness.
The FAA does not agree to revise this AD, because it is based on an
unsafe condition that requires new or more restrictive airworthiness
limitations, as issued by Airbus in a specific variation
[[Page 17940]]
of the ALS. As stated in the NPRM for this AD, the FAA determined that
the unsafe condition is likely to exist or develop in other products of
the same type design requiring the FAA to issue an AD of its own.
Furthermore, revising the proposed AD to include new variations (i.e.,
new requirements) would result in the need to reissue the notice and
reopen the period for public comment, adding unwarranted delay to the
rulemaking process. The FAA has determined that further delay of this
AD is not appropriate. This AD has not been changed with regard to this
request.
Request To Change Compliance Time
UPS Airlines requested a minimum of 180 days for incorporation of
the new or revised ALS into their maintenance or inspection program
from the AD's effective date. UPS stated that changes identified in a
variation release are for ALS tasks that are not of concern for near-
term airworthiness.
The FAA does not agree to the requested change. This AD merely
requires operators to update their existing maintenance or inspection
program within 90 days to include the revised ALS. Each ALS task has
its own associated compliance time. No change has been made to this AD
in response to this request.
Request To Remove Compliance Time
UPS Airlines requested that the initial compliance time (the later
of the task threshold or within 90 days after the effective date) be
revised to remove the 90 day requirement. UPS noted the task threshold
in the ALS includes a calendar threshold in addition to flight cycle/
flight hour requirements. UPS stated it believes the 90-day requirement
is unnecessary and stated there is no technical data to support
reducing the compliance times in the ALS.
The FAA does not agree to the requested change. The 90-day
requirement does not reduce any compliance times specified in the ALS.
The compliance time is the later of the times in the ALS and 90 days
after the effective date. Thus if any compliance time in the ALS is
later than 90 days after the effective date, operators would only need
to accomplish the task within the later compliance time. No change has
been made to this AD in response to this request.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these products.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0093 describes new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
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 118 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this:
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
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 adding the following new airworthiness
directive:
2021-26-20 Airbus SAS: Amendment 39-21879; Docket No. FAA-2021-0617;
Project Identifier MCAI-2021-00385-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 3, 2022.
(b) Affected ADs
This AD affects AD 2019-21-01, Amendment 39-19767 (84 FR 56935,
October 24, 2019) (AD 2019-21-01) and AD 2020-23-11, Amendment 39-
21327 (85 FR 75838, November 27, 2020) (AD 2020-23-11).
(c) Applicability
This AD applies all Airbus SAS Model A300 B4-601, B4-603, B4-
620, B4-622, B4-605R, B4-622R, F4-605R, F4-622R, and C4-605R Variant
F airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, damage, and corrosion
in principal structural
[[Page 17941]]
elements, which could result in reduced structural integrity of the
fuselage.
(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
2021-0093, dated March 30, 2021 (EASA AD 2021-0093).
(h) Exceptions to EASA AD 2021-0093
(1) Where EASA AD 2021-0093 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0093 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2021-0093 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 initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2021-0093 is at the applicable ``thresholds''
as incorporated by the requirements of paragraph (3) of EASA AD
2021-0093, or within 90 days after the effective date of this AD,
whichever occurs later.
(5) The provisions specified in paragraph (4) of EASA AD 2021-
0093 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2021-0093 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 2021-0093.
(j) Terminating Action for Certain Requirements of AD 2019-21-01 and AD
2020-23-11
(1) Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2019-21-01, for the tasks
identified in the service information referred to in EASA AD 2021-
0093 only.
(2) Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2020-23-11, for the tasks
identified in the service information referred to in EASA AD 2021-
0093 only.
(k) 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 (l) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#30091d7166631d7179621d0703001d717d7f73705651511e575f46"><span class="__cf_email__" data-cfemail="427b6f0314116f030b106f7571726f030f0d01022423236c252d34">[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, 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.
(3) Required for Compliance (RC): Except as required by
paragraph (k)(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.
(l) Related Information
For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3225; email <a href="/cdn-cgi/l/email-protection#0f6b6e61217d606b66616e4f696e6e21686079"><span class="__cf_email__" data-cfemail="c8aca9a6e6baa7aca1a6a988aea9a9e6afa7be">[email protected]</span></a>.
(m) 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 2021-0093,
dated March 30, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0093, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#3372774073565240521d5646415c43521d5646"><span class="__cf_email__" data-cfemail="4e0f0a3d0e2b2f3d2f602b3b3c213e2f602b3b">[email protected]</span></a>; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
(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
<a href="/cdn-cgi/l/email-protection#a2c4d08ccbccd1d2c7c1d6cbcdcce2ccc3d0c38cc5cdd4"><span class="__cf_email__" data-cfemail="bed8cc90d7d0cdcedbddcad7d1d0fed0dfccdf90d9d1c8">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on December 15, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
Note: This document was received for publication by the Office
of the Federal Register on March 24, 2022.
[FR Doc. 2022-06535 Filed 3-28-22; 8:45 am]
BILLING CODE 4910-13-P
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