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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2022-0812; Project Identifier MCAI-2022-00445-T]
          - RIN 2120-AA64

# 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), and A310 series airplanes. This proposed AD was prompted by a determination that a new airworthiness limitation is necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate a new airworthiness limitation, 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 August 22, 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-2022-0812.                    

## Examining the AD Docket

                    You may examine the AD docket at                     *https://www.regulations.gov*                     by searching for and locating Docket No. FAA-2022-0812; 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, International Validation Branch, FAA, 2200 South 216th Street, 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-2022-0812; Project Identifier                           ( print page 40753)                        MCAI-2022-00445-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 NPRM.                

## 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, International Validation Branch, FAA, 2200 South 216th Street, 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 2022-0060, dated April 1, 2022 (EASA AD 2022-0060) (also referred to as the MCAI), to correct an unsafe condition for all Airbus SAS Model A300-600 and A310 series airplanes, and A300-600ST airplanes. Model A300-600ST airplanes are not certificated by the FAA and are not included on the U.S. type certificate data sheet; this proposed AD therefore does not include those airplanes in the applicability.

EASA previously issued AD 2017-0203, dated October 12, 2017 (EASA AD 2017-0203) and AD 2019-0188, dated July 31, 2019 (EASA AD 2019-0188) to require accomplishment of all airworthiness limitations as described in Airbus A300-600 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 01, dated August 28, 2017, and A310 ALS Part 3, CMR, Revision 01, dated August 28, 2017; and A300-600 ALS Part 3, CMR, Variation 1.1, dated February 21, 2019, and A310 ALS Part 3, CMR, Variation 1.1, dated February 21, 2019 (introducing a functional test of the reservoir air pressurization lines for pipe rupture); respectively. EASA AD 2017-0203 corresponds to FAA AD 2018-18-20, Amendment 39-19399 (83 FR 47042, September 18, 2018) (AD 2018-18-20). EASA AD 2019-0188 corresponds to FAA AD 2020-02-22, Amendment 39-19834 (85 FR 8148, February 13, 2020) (AD 2020-02-22).

This proposed AD was prompted by a determination that a new airworthiness limitation is necessary. The FAA is proposing this AD to address safety-significant latent failures that would, in combination with one or more other specific failures or events, result in a hazardous or catastrophic failure condition of hydraulic systems. See the MCAI for additional background information.

## Relationship to AD 2018-18-20 and AD 2020-02-22

This NPRM would not supersede AD 2018-18-20 and AD 2020-02-22. Rather, we have determined that a stand-alone AD would be more appropriate to address the changes in the MCAI. This NPRM would require revising the maintenance or inspection program, as applicable, to incorporate a new airworthiness limitation.

## Related Service Information Under 1 CFR Part 51

EASA AD 2022-0060 describes a new airworthiness limitation for airplane hydraulic systems: Certification Maintenance Requirement (CMR) task 291000-00004-1-C “Main and Auxiliary (Hydraulic Power)—Functional Check of the 3 Hydraulic Reservoirs for Air Leakage.”

                    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 and service information 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 these 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 a new airworthiness limitation, which is specified in EASA AD 2022-0060 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 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 (j)(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 2022-0060 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2022-0060 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 2022-0060 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                           ( print page 40754)                        Time(s)” in EASA AD 2022-0060. Service information required by EASA AD 2022-0060 for compliance will be available at                     *https://www.regulations.gov*                     by searching for and locating Docket No. FAA-2022-0812 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 and intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in the AMOCs paragraph under “Additional FAA Provisions.” This new format includes a “New Provisions for Alternative Actions and 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 120 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 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

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 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 

2. The FAA amends § 39.13 by adding the following new airworthiness directive: 

**Airbus SAS:**                         Docket No. FAA-2022-0812; Project Identifier MCAI-2022-00445-T.                    

## (a) Comments Due Date

The FAA must receive comments on this airworthiness directive (AD) by August 22, 2022.

## (b) Affected ADs

None.

## (c) Applicability

This AD applies to all Airbus SAS airplanes identified in paragraphs (c)(1) through (5) 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 C4-605R Variant F airplanes.

(4) Model A300 F4-605R and F4-622R airplanes.

(5) Model A310-203, -204, -221, -222, -304, -322, -324, and -325 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 a new airworthiness limitation is necessary. The FAA is issuing this AD to address safety-significant latent failures that would, in combination with one or more other specific failures or events, result in a hazardous or catastrophic failure condition of hydraulic systems.

## (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 2022-0060, dated April 1, 2022 (EASA AD 2022-0060).

## (h) Exceptions to EASA AD 2022-0060

(1) The requirements specified in paragraphs (1) and (2) of EASA AD 2022-0060 do not apply to this AD.

(2) Paragraph (3) of EASA AD 2022-0060 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.

                        (3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2022-0060 is at the applicable “threshold” as incorporated by the requirements of paragraph (3) of EASA AD                               ( print page 40755)                            2022-0060, or within 90 days after the effective date of this AD, whichever occurs later.                    

(4) The provisions specified in paragraph (4) of EASA AD 2022-0060 do not apply to this AD.

(5) The “Remarks” section of EASA AD 2022-0060 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) and intervals are allowed unless they are approved as specified in the provisions of the “Ref. Publications” section of EASA AD 2022-0060.                    

## (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 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 (k)(2) 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 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.                    

## (k) Related Information

                        (1) For EASA AD 2022-0060, 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-2022-0812.                    

                        (2) For more information about this AD, contact Dan Rodina, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198; telephone 206-231-3225; email                         *dan.rodina@faa.gov*.                    

Issued on June 30, 2022.

Christina Underwood, 

Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service.

[FR Doc. 2022-14443 Filed 7-7-22; 8:45 am]

BILLING CODE 4910-13-P