This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

10315 

Vol. 87, No. 37 

Thursday, February 24, 2022 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0147; Project 

Identifier MCAI–2021–01022–T] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

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 April 11, 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; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

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–2022–0147. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0147; 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; telephone 

206–231–3225; email dan.rodina@

faa.gov. 

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–2022–0147; Project Identifier 

MCAI–2021–01022–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 proposed 

AD. 

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; telephone 206–231– 

3225; email dan.rodina@faa.gov. 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 2021–0204, 

dated September 14, 2021 (EASA AD 

2021–0204) (also referred to as the 

MCAI), to correct an unsafe condition 

for all Model A300–600 series airplanes. 

EASA AD 2021–0204 specifies that it 

requires certain tasks (limitations) 

already required by EASA AD 2019– 

0090, dated April 26, 2019 (which 

corresponds to FAA AD 2019–21–01, 

Amendment 39–19767 (84 FR 56935, 

October 24, 2019) (AD 2019–21–01)), 

and invalidates (terminates) prior 

instructions for those tasks. This 

proposed AD would, for AD 2019–21– 


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10316 Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Proposed Rules 

01, terminate the limitation for the tasks 

identified in the service information 

referred to in EASA AD 2021–0204 

only. 

This proposed AD was prompted by 

a determination that new or more 

restrictive airworthiness limitations are 

necessary. The FAA is proposing this 

AD to address fatigue cracking, 

accidental damage, or corrosion in 

principal structural elements, which 

could result in reduced structural 

integrity of the airplane. See the MCAI 

for additional background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2021–0204 specifies 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. 

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 

designs. 

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 2021–0204 

described previously, except for any 

differences identified as exceptions in 

the regulatory text of this proposed AD. 

This proposed AD would require 

revisions to certain operator 

maintenance documents to include new 

actions (e.g., inspections). 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 (k)(1) of this proposed AD. 

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 2021–0204 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2021–0204 

in its entirety through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD. 

Using common terms that are the same 

as the heading of a particular section in 

EASA AD 2021–0204 does not mean 

that operators need comply only with 

that section. For example, where the AD 

requirement refers to ‘‘all required 

actions and compliance times,’’ 

compliance with this AD requirement is 

not limited to the section titled 

‘‘Required Action(s) and Compliance 

Time(s)’’ in EASA AD 2021–0204. 

Service information required by EASA 

AD 2021–0204 for compliance will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2022–0147 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 

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 

or intervals are approved as an 

alternative method of compliance 

(AMOC) in accordance with the 

procedures specified in the AMOCs 

paragraph under ‘‘Other FAA 

Provisions.’’ This new format includes a 

‘‘New Provisions for Alternative Actions 

or 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 118 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 workhours 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 × 

$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 


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Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Proposed Rules 10317 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Airbus SAS: Docket No. FAA–2022–0147; 

Project Identifier MCAI–2021–01022–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by April 11, 

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 

airplanes identified in paragraphs (c)(1) 

through (4) of this AD, certificated in any 

category. 

(1) Model A300 B4–601, B4–603, B4–620, 

and B4–622 airplanes. 

(2) Model A300 B4–605R and B4–622R 

airplanes. 

(3) Model A300 F4–605R and F4–622R 

airplanes. 

(4) Model A300 C4–605R Variant F series 

airplanes. 

(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 address fatigue cracking, 

accidental damage, or corrosion in principal 

structural elements, which could result in 

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 2021–0204, dated 

September 14, 2021 (EASA AD 2021–0204). 

(h) Exceptions to EASA AD 2021–0204 

(1) Where EASA AD 2021–0204 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– 

0204 do not apply to this AD. 

(3) Paragraph (3) of EASA AD 2021–0204 

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 

2021–0204 is at the applicable ‘‘associated 

thresholds’’ as incorporated by the 

requirements of paragraph (3) of EASA AD 

2021–0204, or within 90 days after the 

effective date of this AD, whichever occurs 

later. 

(5) The provisions specified in paragraphs 

(4) of EASA AD 2021–0204 do not apply to 

this AD. 

(6) The ‘‘Remarks’’ section of EASA AD 

2021–0204 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 

2021–0204. 

(j) Terminating Action for AD 2019–21–01 

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 2021–0204 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)(2) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 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. 

(l) Related Information 

(1) For EASA AD 2021–0204, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; 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–2022–0147. 

(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; telephone 206–231– 

3225; email dan.rodina@faa.gov. 

(3) For service information identified in 

this AD, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone 

+49 221 8999 000; email ADs@

easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

material on the EASA website at https://

ad.easa.europa.eu. You may view this 

service information 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. 

Issued on February 17, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–03849 Filed 2–23–22; 8:45 am] 

BILLING CODE 4910–13–P 


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