Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### 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

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final rule.

# 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                         *ADs@easa.europa.eu*; 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                         *dan.rodina@faa.gov.*

# 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                           ( print 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 × $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

1. The authority citation for part 39 continues to read as follows: 

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

§ 39.13 

2. The FAA amends § 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:                             *9-AVS-AIR-730-AMOC@faa.gov.*                             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                                   ( print 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                             *dan.rodina@faa.gov.*

## (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                             *ADs@easa.europa.eu*; 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                             *fr.inspection@nara.gov,*                             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