Proposed Rule2022-09419
Airworthiness Directives; Airbus SAS Airplanes
Primary source
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Published
May 6, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 88 (Friday, May 6, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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: <a href="/cdn-cgi/l/email-protection#acede8dfecc9cddfcd82c9d9dec3dccd82c9d9"><span class="__cf_email__" data-cfemail="4e0f0a3d0e2b2f3d2f602b3b3c213e2f602b3b">[email protected]</span></a>; internet:
www.easa.europa.eu. You may find this 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-2022-0505.
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-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:
<a href="/cdn-cgi/l/email-protection#6b0f0a054519040f02050a2b0d0a0a450c041d"><span class="__cf_email__" data-cfemail="f89c9996d68a979c919699b89e9999d69f978e">[email protected]</span></a>.
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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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: <a href="/cdn-cgi/l/email-protection#d6b2b7b8f8a4b9b2bfb8b796b0b7b7f8b1b9a0"><span class="__cf_email__" data-cfemail="a2c6c3cc8cd0cdc6cbccc3e2c4c3c38cc5cdd4">[email protected]</span></a>. 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 (<a href="https://www.faa.gov/documentLibrary/media/Advisory_Circular/120-104.pdf">https://www.faa.gov/documentLibrary/media/Advisory_Circular/120-104.pdf</a>), 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#e9d0c4a8bfbac4a8a0bbc4dedad9c4a8a4a6aaa98f8888c78e869f"><span class="__cf_email__" data-cfemail="271e0a6671740a666e750a1014170a666a68646741464609404851">[email protected]</span></a>. 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:
<a href="/cdn-cgi/l/email-protection#eaabae99aa8f8b998bc48f9f98859a8bc48f9f"><span class="__cf_email__" data-cfemail="7b3a3f083b1e1a081a551e0e09140b1a551e0e">[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>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#57333639792538333e39361731363679303821"><span class="__cf_email__" data-cfemail="2c484d42025e434845424d6c4a4d4d024b435a">[email protected]</span></a>.
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
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