[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Rules and Regulations]
[Pages 39743-39745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14196]



[[Page 39743]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0147; Project Identifier MCAI-2021-01022-T; 
Amendment 39-22095; AD 2022-13-09]
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 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 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 August 9, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 9, 
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#92d3d6e1d2f7f3e1f3bcf7e7e0fde2f3bcf7e7"><span class="__cf_email__" data-cfemail="befffacdfedbdfcddf90dbcbccd1cedf90dbcb">[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 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 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, FAA, International Validation Branch, 2200 South 
216th St., Des Moines, WA 98198; telephone 206-231-3225; email 
<a href="/cdn-cgi/l/email-protection#4c282d22623e232825222d0c2a2d2d622b233a"><span class="__cf_email__" data-cfemail="ff9b9e91d18d909b96919ebf999e9ed1989089">[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 2021-0204, 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 AD, for AD 2019-21-01, 
terminates the limitation for the tasks identified in the service 
information referred to in EASA AD 2021-0204 only.
    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 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-
605R Variant F airplanes (collectively called Model A300-600 series 
airplanes). The NPRM published in the Federal Register on February 24, 
2022 (87 FR 10315). 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 2021-0204.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Airline Pilots Association, 
International (ALPA), who supported the NPRM without change. The FAA 
also received a comment from FedEx Express, who stated the requirements 
in the NPRM would not adversely impact operations.
    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 Combine Multiple Rulings

    UPS Airlines requested that the incorporation of Airworthiness 
Limitations Section (ALS) Part 2 Variations 3.3 through 3.6 be combined 
into a single proposed rule. UPS Airlines stated their preference for a 
single rule that would encompass all released ALS Part 2, Revision 03, 
variations 3.1 through 3.6, and supersede current FAA AD 2020-23-11. 
UPS asserted that multiple active rules for the same program 
requirements place an unnecessary compliance tracking burden on 
operators for the hundreds of tasks within the ALS program, with no 
enhancement or benefit to fleet airworthiness.
    The FAA does not agree with the requested change. The state of 
design initiated separate actions. If the ALS changes were combined by 
the FAA unilaterally it would delay the rulemaking activity and thus 
delay making the ALS changes mandatory. This AD has not been changed 
with regard to this request.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, 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 2021-0204 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.

Costs of Compliance

    The FAA estimates that this AD would affect 118 airplanes 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-

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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:

2022-13-09 Airbus SAS: Amendment 39-22095; Docket No. FAA-2022-0147; 
Project Identifier MCAI-2021-01022-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 9, 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 [aircraft maintenance program]'' 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) of this 
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#536a7e1205007e121a017e6460637e121e1c10133532327d343c25"><span class="__cf_email__" data-cfemail="360f1b7760651b777f641b0105061b777b79757650575718515940">[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 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 (k)(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

[[Page 39745]]

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.

(l) Related Information

    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 <a href="/cdn-cgi/l/email-protection#6105000f4f130e05080f00210700004f060e17"><span class="__cf_email__" data-cfemail="7317121d5d011c171a1d12331512125d141c05">[email protected]</span></a>.

(m) 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 2021-0204, 
dated September 14, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0204, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#ce8f8abd8eabafbdafe0abbbbca1beafe0abbb"><span class="__cf_email__" data-cfemail="e4a5a097a481859785ca8191968b9485ca8191">[email protected]</span></a>; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (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#99ffebb7f0f7eae9fcfaedf0f6f7d9f7f8ebf8b7fef6ef"><span class="__cf_email__" data-cfemail="c6a0b4e8afa8b5b6a3a5b2afa9a886a8a7b4a7e8a1a9b0">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 13, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-14196 Filed 7-1-22; 8:45 am]
BILLING CODE 4910-13-P


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