[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 [www.gpo.gov]
[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 https://ad.easa.europa.eu. 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 https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0870.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    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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