Airworthiness Directives; Airbus SAS Airplanes, 10315-10317 [2022-03849]
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10315
Proposed Rules
Federal Register
Vol. 87, No. 37
Thursday, February 24, 2022
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–0147; Project
Identifier MCAI–2021–01022–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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
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, FAA, International
Validation Branch, 2200 South 216th
St., Des Moines, WA 98198; telephone
206–231–3225; email dan.rodina@
faa.gov.
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). This
proposed AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. This proposed AD would
require 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
proposed for incorporation by reference.
The FAA is proposing this AD to
address the unsafe condition on these
products.
Comments Invited
The FAA must receive comments
on this proposed AD by April 11, 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.
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–2022–0147; Project Identifier
MCAI–2021–01022–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.
SUMMARY:
DATES:
jspears on DSK121TN23PROD with PROPOSALS1
• 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–2022–0147.
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16:26 Feb 23, 2022
Jkt 256001
SUPPLEMENTARY INFORMATION:
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Fmt 4702
Sfmt 4702
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 proposed
AD.
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, FAA, International Validation
Branch, 2200 South 216th St., 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 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
proposed AD would, for AD 2019–21–
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Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Proposed Rules
01, terminate the limitation for the tasks
identified in the service information
referred to in EASA AD 2021–0204
only.
This proposed AD was prompted by
a determination that new or more
restrictive airworthiness limitations are
necessary. The FAA is proposing this
AD to address fatigue cracking,
accidental damage, or corrosion in
principal structural elements, which
could result in reduced structural
integrity of the airplane. See the MCAI
for additional background information.
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.
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 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 the same type
designs.
jspears on DSK121TN23PROD with PROPOSALS1
Proposed AD Requirements in This
NPRM
This proposed AD would require
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations, which are
specified in EASA AD 2021–0204
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 actions 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 (k)(1) of this proposed AD.
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16:26 Feb 23, 2022
Jkt 256001
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 2021–0204 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2021–0204
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 2021–0204 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
Time(s)’’ in EASA AD 2021–0204.
Service information required by EASA
AD 2021–0204 for compliance will be
available at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2022–0147 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
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Fmt 4702
Sfmt 4702
alternative actions (e.g., inspections) or
intervals may be used unless the actions
or intervals are approved as an
alternative method of compliance
(AMOC) in accordance with the
procedures specified in the AMOCs
paragraph under ‘‘Other FAA
Provisions.’’ This new format includes a
‘‘New Provisions for Alternative Actions
or 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 118 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 workhours 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
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Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Proposed Rules
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
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Airbus SAS: Docket No. FAA–2022–0147;
Project Identifier MCAI–2021–01022–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by April 11,
2022.
(b) Affected ADs
This AD affects AD 2019–21–01,
Amendment 39–19767 (84 FR 56935, October
24, 2019) (AD 2019–21–01).
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(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
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16:26 Feb 23, 2022
Jkt 256001
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’’
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
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Fmt 4702
Sfmt 9990
10317
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (l)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-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.
(l) Related Information
(1) For EASA AD 2021–0204, 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–2022–0147.
(2) 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 dan.rodina@faa.gov.
(3) For service information identified in
this AD, contact EASA, Konrad-AdenauerUfer 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
service information 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.
Issued on February 17, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–03849 Filed 2–23–22; 8:45 am]
BILLING CODE 4910–13–P
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Agencies
[Federal Register Volume 87, Number 37 (Thursday, February 24, 2022)]
[Proposed Rules]
[Pages 10315-10317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03849]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 /
Proposed Rules
[[Page 10315]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0147; Project Identifier MCAI-2021-01022-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
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). This proposed AD was prompted
by a determination that new or more restrictive airworthiness
limitations are necessary. This proposed AD would require 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 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 April 11,
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 [email protected]; 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-2022-0147.
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 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, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone 206-231-3225; email
[email protected].
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-2022-0147; Project Identifier
MCAI-2021-01022-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 proposed AD.
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, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3225; email [email protected]. 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 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 proposed AD would, for AD
2019-21-
[[Page 10316]]
01, terminate the limitation for the tasks identified in the service
information referred to in EASA AD 2021-0204 only.
This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address fatigue cracking, accidental damage, or
corrosion in principal structural elements, which could result in
reduced structural integrity of the airplane. See the MCAI for
additional background information.
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.
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 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 the 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 new or more
restrictive airworthiness limitations, which are specified in EASA AD
2021-0204 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 actions 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
(k)(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 2021-0204 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0204 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 2021-0204 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 Time(s)'' in EASA AD 2021-
0204. Service information required by EASA AD 2021-0204 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0147 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 or intervals
are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in the AMOCs paragraph under
``Other FAA Provisions.'' This new format includes a ``New Provisions
for Alternative Actions or 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 118 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
[[Page 10317]]
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-2022-0147; Project Identifier MCAI-2021-
01022-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 11, 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'' 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)(2) of
this AD. Information may be emailed to: [email protected].
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.
(l) Related Information
(1) For EASA AD 2021-0204, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; 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-
2022-0147.
(2) 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 [email protected].
(3) For service information identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.easa.europa.eu. You
may find this material on the EASA website at https://ad.easa.europa.eu. You may view this service information 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.
Issued on February 17, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-03849 Filed 2-23-22; 8:45 am]
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