[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Proposed Rules]
[Pages 57424-57427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20309]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1168; Project Identifier MCAI-2022-00600-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 supersede Airworthiness Directive (AD) 
2016-16-06, which applies to certain Airbus SAS Model A300 B4-603, B4-
605R, and B4-622R airplanes; and Model A310-304, -324, and -325 
airplanes. AD 2016-16-06 requires inspections around the rivet heads of 
the seal retainer run-out holes at certain frames and corrective 
actions if necessary. Since the FAA issued AD 2016-16-06, a 
determination was made that additional frames may also be susceptible 
to cracking, and that additional airplanes may be affected by the 
unsafe condition. This proposed AD would continue to require the 
actions in AD 2016-16-06 and add airplanes, as specified in a European 
Union Aviation Safety Agency (EASA) AD, which is proposed for 
incorporation by reference (IBR). 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 November 4, 
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 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 is proposed for IBR in this NPRM, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 
000; email [email protected]; website easa.europa.eu. You may find 
this material on the EASA website at 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 regulations.gov by searching for and 
locating Docket No. FAA-2022-1168.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and

[[Page 57425]]

locating Docket No. FAA-2022-1168; 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-2022-1168; Project Identifier 
MCAI-2022-00600-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 
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, 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

    The FAA issued AD 2016-16-06, Amendment 39-18604 (81 FR 51320, 
August 4, 2016) (AD 2016-16-06), which applies to certain Airbus SAS 
Model A300 B4-603, B4-605R, and B4-622R airplanes; and Model A310-304, 
-324, and -325 airplanes. AD 2016-16-06 requires inspections around the 
rivet heads of the seal retainer run-out holes at certain frames and 
corrective actions if necessary. The FAA issued AD 2016-16-06 to 
address cracking of the door frame, which could result in reduced 
structural integrity of the airplane.

Actions Since AD 2016-16-06 Was Issued

    Since the FAA issued AD 2016-16-06, a determination was made that 
cracking may also develop on frame (FR) 56A and FR 57A and that 
additional airplanes are subject to the unsafe condition.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0078, dated May 4, 2022 (EASA 
AD 2022-0078) (also referred to as the MCAI), to correct an unsafe 
condition for all Airbus SAS Model A300 B4-603, A300 B4-605R, A300 B4-
622, A300 B4-622R and A310-203, A310-222, A310-304, A310-308, A310-322, 
A310-324, and A310-325 airplanes. Model A310-308 airplanes are not 
certificated by the FAA and are not included on the U.S. type 
certificate data sheet; this AD therefore does not include those 
airplanes in the applicability.
    This proposed AD was prompted by a report of a crack found on door 
FR 73A between stringers 24 and 25, and a determination that FR 56A and 
FR 57A may also be susceptible to cracking, and that additional 
airplanes may be affected. The FAA is proposing this AD to address 
cracking on door frames, which could result in reduced structural 
integrity of the airplane. See the MCAI for additional background 
information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2016-16-06, this proposed AD would retain all of the 
requirements of AD 2016-16-06. Those requirements are referenced in 
EASA AD 2022-0078, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0078 specifies procedures for repetitive high 
frequency eddy current (HFEC) inspections of rivet heads of the seal 
retainer run-out holes at door frames FR 56A, FR 57A, and FR 73A for 
any cracking, and repair.
    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 these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all requirements of AD 2016-16-06. 
This proposed AD would require accomplishing the actions specified in 
EASA AD 2022-0078 described previously, except for any differences 
identified as exceptions in the regulatory text 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 2022-0078 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0078 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 2022-0078 does not mean that 
operators need comply only with that section. For example, where the AD

[[Page 57426]]

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 2022-
0078. Service information required by EASA AD 2022-0078 for compliance 
will be available at regulations.gov by searching for and locating 
Docket No. FAA-2022-1168 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 128 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2016-16-06...  11 work-hours x $85 per               $0            $935        $119,680
                                         hour = $935.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimate for the on-condition repair specified in this proposed AD.

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 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:
0
a. Removing Airworthiness Directive (AD) 2016-16-06, Amendment 39-18604 
(81 FR 51320, August 4, 2016); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-1168; Project Identifier MCAI-2022-
00600-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 4, 2022.

(b) Affected ADs

    This AD replaces AD 2016-16-06, Amendment 39-18604 (81 FR 51320, 
August 4, 2016) (AD 2016-16-06).

(c) Applicability

    This AD applies to all the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category.
    (1) Model A300 B4-603 and -622 airplanes.
    (2) Model A300 B4-605R and -622R airplanes.
    (3) Model A310-203, -222, -304, -322, -324, and -325 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report of a crack found on door frame 
(FR) 73A between stringers 24 and 25, and a determination that FR 
56A and FR 57A may also be susceptible to cracking, and that 
additional airplanes may be affected by the unsafe condition. The 
FAA is issuing this AD to address cracking on door frames, 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 
2022-0078, dated May 4, 2022 (EASA AD 2022-0078).

(h) Exceptions to EASA AD 2022-0078

    (1) Where EASA AD 2022-0078 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0078 refers to September 25, 2014 (the 
effective date of EASA AD 2014-0202), this AD requires using 
September 8, 2016 (the effective date of AD 2016-16-06).
    (3) The ``Remarks'' section of EASA AD 2022-0078 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0078 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (k)(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 responsible Flight Standards Office.

[[Page 57427]]

    (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, 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 (j)(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.

(k) Related Information

    (1) For EASA AD 2022-0078, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find this EASA 
AD on the EASA website at 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 regulations.gov by 
searching for and locating Docket No. FAA-2022-1168.
    (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].

    Issued on September 15, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-20309 Filed 9-19-22; 8:45 am]
BILLING CODE 4910-13-P