Rule2022-10157
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
May 12, 2022
Effective
June 16, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A300 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 92 (Thursday, May 12, 2022)</title>
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[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Rules and Regulations]
[Pages 29037-29039]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10157]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0870; Project Identifier MCAI-2021-00644-T;
Amendment 39-22007; AD 2022-08-04]
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 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 June 16, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 16,
2022.
ADDRESSES: For 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#0e4f4a7d4e6b6f7d6f206b7b7c617e6f206b7b"><span class="__cf_email__" data-cfemail="1352576053767260723d7666617c63723d7666">[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 IBR 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 on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0870.
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-2021-0870; 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#abcfcac585d9c4cfc2c5caebcdcaca85ccc4dd"><span class="__cf_email__" data-cfemail="7d191c13530f121914131c3d1b1c1c531a120b">[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 2021-0134, dated June 1, 2021 (EASA
AD 2021-0134) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A300 series airplanes.
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 series airplanes. The NPRM published in the Federal Register on
October 7, 2021 (86 FR 55749). 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-
0134.
The FAA is issuing this AD to prevent reduced structural integrity
of the airplane. See the MCAI for additional background information.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from the Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
The FAA received an additional comment from UPS Airlines. The
following presents the comment received on the NPRM and the FAA's
response.
Request To Reference Related Rulemaking
UPS Airlines stated that paragraph (b) of the proposed AD does not
refer to any affected ADs. UPS Airlines added that this is in contrast
to NPRM MCAI-2021-00385-T, dated August 9, 2021 (Docket No. FAA-2021-
0617 (86 FR 43440, August 9, 2021)), which also would individually
mandate an airworthiness limitations section (ALS) Variation document
without superseding prior rulemaking. UPS Airlines noted that in
paragraph (b) of that NPRM, the current ALS Part 2 rulings are
identified as affected by the proposed rule. UPS Airlines proposed to
include in paragraph (b) of this proposed AD the applicable existing
mandatory ruling(s) for the A300 ALS Part 2, Revision 3, and subsequent
released variations (the FAA notes the existing requirements for
incorporating the A300 ALS Part 2, Revision 3 are in AD 2018-19-17,
Amendment 39-19417 (83 FR 48207, September 24, 2018) (AD 2018-19-17)).
The FAA agrees with the commenter's request. By definition, an
``affected AD'' is one where all or part of the requirements of that AD
is affected by the new AD. Affected ADs are provided in paragraph (b)
of AD actions solely for information. Paragraph (h)(2) of this AD
states that the new limit of validity (LOV) required by this AD
replaces the LOVs required by AD 2018-19-17. Therefore, the FAA has
revised paragraph (b) of this AD to refer to AD 2018-19-17.
Clarification for Paragraph (h)(2) of the Proposed AD
Paragraph (h)(2) of the proposed AD incorrectly specifies the date
for Airbus A300 ALS, Part 2, Revision 03, as ``March 16, 2021.'' The
correct date is August 28, 2017. Paragraph (h)(2) of this AD has been
revised to refer to the correct date.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety requires
[[Page 29038]]
adopting this AD as proposed. 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. 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 2021-0134 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.
Costs of Compliance
The FAA estimates that this AD affects 1 airplane of U.S. registry.
The FAA estimates the following costs to comply with this 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
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:
2022-08-04 Airbus SAS: Amendment 39-22007; Docket No. FAA-2021-0870;
Project Identifier MCAI-2021-00644-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 16, 2022.
(b) Affected ADs
This AD affects AD 2018-19-17, Amendment 39-19417 (83 FR 48207,
September 24, 2018) (AD 2018-19-17).
(c) Applicability
This AD applies to all Airbus SAS Model A300 B2-1A, B2-1C, B2K-
3C, B2-203, B4-2C, B4-103, and B4-203 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 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
2021-0134, dated June 1, 2021 (EASA AD 2021-0134).
(h) Exceptions to EASA AD 2021-0134
(1) Where EASA AD 2021-0134 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2021-0134 specifies ``This AD
invalidates the LOV [limit of validity] as specified in Airbus A300
ALS Part 2 Revision 03 [EASA AD 2017-0207],'' this AD replaces the
LOVs specified in paragraph 1.3 of Airbus A300 Airworthiness
Limitations Section (ALS), Part 2-Damage Tolerant Airworthiness
Limitation Items (DT-ALI), Revision 03, dated August 28, 2017, as
required by FAA AD 2018-19-17.
(3) Paragraph (2) of EASA AD 2021-0134 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 2021-0134 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 2021-0134.
(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 local Flight
Standards District 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) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#cff6e28e999ce28e869de2f8fcffe28e82808c8fa9aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="8db4a0ccdbdea0ccc4dfa0babebda0ccc0c2cecdebececa3eae2fb">[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
[[Page 29039]]
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 (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) 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#dbbfbab5f5a9b4bfb2b5ba9bbdbabaf5bcb4ad"><span class="__cf_email__" data-cfemail="690d0807471b060d000708290f0808470e061f">[email protected]</span></a>.
(l) 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 2021-0134,
dated June 1, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0134, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#9bdadfe8dbfefae8fab5feeee9f4ebfab5feee"><span class="__cf_email__" data-cfemail="67262314270206140649021215081706490212">[email protected]</span></a>; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https:
(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#f79185d99e9984879294839e9899b799968596d9909881"><span class="__cf_email__" data-cfemail="e68094c88f8895968385928f8988a688879487c8818990">[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 April 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-10157 Filed 5-11-22; 8:45 am]
BILLING CODE 4910-13-P
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