[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Proposed Rules]
[Pages 40752-40755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14443]


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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


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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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:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#f0b1b483b095918391de9585829f8091de9585"><span class="__cf_email__" data-cfemail="5415102714313527357a3121263b24357a3121">[email protected]</span></a>; 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 
<a href="/cdn-cgi/l/email-protection#d7b3b6b9f9a5b8b3beb9b697b1b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="c7a3a6a9e9b5a8a3aea9a687a1a6a6e9a0a8b1">[email protected]</span></a>.

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

[[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 <a href="/cdn-cgi/l/email-protection#3155505f1f435e55585f50715750501f565e47"><span class="__cf_email__" data-cfemail="0d696c63237f626964636c4d6b6c6c236a627b">[email protected]</span></a>. 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

[[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 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

    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

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:

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

[[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: <a href="/cdn-cgi/l/email-protection#88b1a5c9dedba5c9c1daa5bfbbb8a5c9c5c7cbc8eee9e9a6efe7fe"><span class="__cf_email__" data-cfemail="063f2b4750552b474f542b3135362b474b49454660676728616970">[email protected]</span></a>. 
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 
<a href="/cdn-cgi/l/email-protection#6524211625000416044b0010170a15044b0010"><span class="__cf_email__" data-cfemail="a3e2e7d0e3c6c2d0c28dc6d6d1ccd3c28dc6d6">[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. 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 <a href="/cdn-cgi/l/email-protection#87e3e6e9a9f5e8e3eee9e6c7e1e6e6a9e0e8f1"><span class="__cf_email__" data-cfemail="dfbbbeb1f1adb0bbb6b1be9fb9bebef1b8b0a9">[email protected]</span></a>.

    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


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