[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Rules and Regulations]
[Pages 17939-17941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06535]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Rules 
and Regulations  

[[Page 17939]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0617; Project Identifier MCAI-2021-00385-T; 
Amendment 39-21879; AD 2021-26-20]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A300 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 May 3, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publications listed in this AD as of May 3, 
2022.

ADDRESSES: For EASA material 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 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-2021-0617.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0617; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, the 
mandatory continuing airworthiness information (MCAI), any comments 
received, and other information. The address for Docket Operations is 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large 
Aircraft Section, International Validation Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0093, dated March 30, 2021 
(EASA AD 2021-0093) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus SAS Model A300-600 series airplanes.
    EASA AD 2021-0093 specifies that it requires tasks (limitations) 
already required by EASA AD 2019-0090 (which corresponds to FAA AD 
2019-21-01, Amendment 39-19767 (84 FR 56935, October 24, 2019) (AD 
2019-21-01)) and EASA AD 2020-0111R2 (which corresponds to FAA AD 2020-
23-11, Amendment 39-21327 (85 FR 75838, November 27, 2020) (AD 2020-23-
11)) and invalidates prior instructions for those tasks. For AD 2019-
21-01 and AD 2020-23-11, this AD terminates the limitation for the 
tasks identified in the service information referred to in EASA AD 
2021-0093 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 
A300-600 series airplanes. The NPRM published in the Federal Register 
on August 9, 2021 (86 FR 43440). 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 
2021-0093.
    The FAA is issuing this AD to address fatigue cracking, damage, and 
corrosion in principal structural elements, which could result in 
reduced structural integrity of the fuselage. See the MCAI for 
additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from FedEx Express, who supported the 
NPRM without change.
    The FAA received additional comments from UPS Airlines. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Revise the Proposed AD To Supersede Previous ADs

    UPS Airlines requested that the FAA minimize the number of 
rulemaking activities in this area and suggested revising the current 
proposed rule to include the latest released variation information and 
the two current mandated rulings (AD 2019-21-01 and AD 2020-23-11), 
while superseding them. UPS stated that it anticipates that EASA will 
release a proposed AD to mandate the latest variation information. UPS 
asserted that multiple active rulings for the same program requirements 
place an unnecessary compliance tracking burden on operators for the 
hundreds of tasks within the airworthiness limitations section (ALS) 
program, while offering no enhancement or benefit to fleet 
airworthiness.
    The FAA does not agree to revise this AD, because it is based on an 
unsafe condition that requires new or more restrictive airworthiness 
limitations, as issued by Airbus in a specific variation

[[Page 17940]]

of the ALS. As stated in the NPRM for this AD, the FAA determined that 
the unsafe condition is likely to exist or develop in other products of 
the same type design requiring the FAA to issue an AD of its own. 
Furthermore, revising the proposed AD to include new variations (i.e., 
new requirements) would result in the need to reissue the notice and 
reopen the period for public comment, adding unwarranted delay to the 
rulemaking process. The FAA has determined that further delay of this 
AD is not appropriate. This AD has not been changed with regard to this 
request.

Request To Change Compliance Time

    UPS Airlines requested a minimum of 180 days for incorporation of 
the new or revised ALS into their maintenance or inspection program 
from the AD's effective date. UPS stated that changes identified in a 
variation release are for ALS tasks that are not of concern for near-
term airworthiness.
    The FAA does not agree to the requested change. This AD merely 
requires operators to update their existing maintenance or inspection 
program within 90 days to include the revised ALS. Each ALS task has 
its own associated compliance time. No change has been made to this AD 
in response to this request.

Request To Remove Compliance Time

    UPS Airlines requested that the initial compliance time (the later 
of the task threshold or within 90 days after the effective date) be 
revised to remove the 90 day requirement. UPS noted the task threshold 
in the ALS includes a calendar threshold in addition to flight cycle/
flight hour requirements. UPS stated it believes the 90-day requirement 
is unnecessary and stated there is no technical data to support 
reducing the compliance times in the ALS.
    The FAA does not agree to the requested change. The 90-day 
requirement does not reduce any compliance times specified in the ALS. 
The compliance time is the later of the times in the ALS and 90 days 
after the effective date. Thus if any compliance time in the ALS is 
later than 90 days after the effective date, operators would only need 
to accomplish the task within the later compliance time. No change has 
been made to this AD in response to this request.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
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 2021-0093 describes 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 affects 118 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this: 
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

    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:

2021-26-20 Airbus SAS: Amendment 39-21879; Docket No. FAA-2021-0617; 
Project Identifier MCAI-2021-00385-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 3, 2022.

(b) Affected ADs

    This AD affects AD 2019-21-01, Amendment 39-19767 (84 FR 56935, 
October 24, 2019) (AD 2019-21-01) and AD 2020-23-11, Amendment 39-
21327 (85 FR 75838, November 27, 2020) (AD 2020-23-11).

(c) Applicability

    This AD applies all Airbus SAS Model A300 B4-601, B4-603, B4-
620, B4-622, B4-605R, B4-622R, F4-605R, F4-622R, and C4-605R Variant 
F airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, damage, and corrosion 
in principal structural

[[Page 17941]]

elements, which could result in reduced structural integrity of the 
fuselage.

(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 
2021-0093, dated March 30, 2021 (EASA AD 2021-0093).

(h) Exceptions to EASA AD 2021-0093

    (1) Where EASA AD 2021-0093 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 2021-0093 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0093 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 2021-0093 is at the applicable ``thresholds'' 
as incorporated by the requirements of paragraph (3) of EASA AD 
2021-0093, or within 90 days after the effective date of this AD, 
whichever occurs later.
    (5) The provisions specified in paragraph (4) of EASA AD 2021-
0093 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0093 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 2021-0093.

(j) Terminating Action for Certain Requirements of AD 2019-21-01 and AD 
2020-23-11

    (1) 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-
0093 only.
    (2) Accomplishing the actions required by this AD terminates the 
corresponding requirements of AD 2020-23-11, for the tasks 
identified in the service information referred to in EASA AD 2021-
0093 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: [email protected]. 
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 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, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3225; email [email protected].

(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 2021-0093, 
dated March 30, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0093, 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.
    (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 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 15, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.

    Note: This document was received for publication by the Office 
of the Federal Register on March 24, 2022.

[FR Doc. 2022-06535 Filed 3-28-22; 8:45 am]
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