[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36930-36933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11914]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1660; Project Identifier MCAI-2022-01268-T; 
Amendment 39-22447; AD 2023-11-02]
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 July 11, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 11, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1660; 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

[[Page 36931]]

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.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, 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 under Docket No. FAA-2022-1660.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3225; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    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 B4-601, B4-603, B4-620, and B4-622 airplanes, Model A300 B4-605R 
and B4-622R airplanes; Model A300 C4-605R Variant F airplanes; and 
Model A300 F4-605R and F4-622R airplanes. The NPRM published in the 
Federal Register on January 12, 2023 (88 FR 2035). The NPRM was 
prompted by AD 2022-0194, dated September 23, 2022, issued by EASA, 
which is the Technical Agent for the Member States of the European 
Union (EASA AD 2022-0194) (also referred to as the MCAI). The MCAI 
states that new or more restrictive airworthiness limitations tasks 
related to the trimmable horizontal stabilizer actuators (THSA) are 
necessary. EASA AD 2022-0194 specifies that revised tasks (limitations) 
in Airbus A300-600 Airworthiness Limitations Section (ALS), Part 4, 
System Equipment Maintenance Requirements (SEMR) Revision 03, dated 
August 28, 2017, are required by EASA AD 2017-0202, dated October 12, 
2017 (which corresponds to FAA AD 2018-18-21, Amendment 39-19400 (83 FR 
47054, September 18, 2018) (AD 2018-18-21)). EASA AD 2022-0194 also 
specifies that incorporation of EASA AD 2022-0194 invalidates 
(terminates) prior instructions for the tasks specified in Airbus A300-
600 Airworthiness Limitations Section (ALS), Part 4, System Equipment 
Maintenance Requirements (SEMR) Revision 03, Variation 3.1, dated June 
30, 2022 (Variation 3.1), only. For this AD, the corresponding action 
is specified in paragraph (j)(2) of this AD, which states that 
accomplishing the actions specified in this AD terminates the 
corresponding requirements of AD 2018-18-21, for the tasks identified 
in the service information referenced in EASA AD 2022-0194 only.
    The MCAI also states that EASA AD 2015-0081, dated May 7, 2015 
(EASA AD 2015-0081) requires replacement of certain THSA. EASA AD 2015-
0081 corresponds to FAA AD 2016-15-01, Amendment 39-18592 (81 FR 47696, 
July 22, 2016) (AD 2016-15-01). AD 2016-15-01 required inspecting THSA 
part numbers, serial numbers, and flight cycles on certain THSAs; and 
repetitive replacement of certain THSAs. The THSA limitation task 
specified in this AD addresses the actions required by AD 2016-15-01. 
Paragraph (j)(1) of this AD therefore terminates all of the 
requirements of AD 2016-15-01, for Model A300-600 series airplanes 
only.
    In the NPRM, the FAA 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 
2022-0194. The FAA is issuing this AD to address the risks associated 
with the effects of aging on airplane systems. The unsafe condition, if 
not addressed, could change system characteristics, leading to an 
increased potential for failure of certain life-limited parts, and 
reduced structural integrity or controllability of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1660.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association, 
International, who supported the NPRM without change.
    The FAA received an additional comment from United Parcel Service 
(UPS). The following presents the comment received on the NPRM and the 
FAA's response.

Request To Extend Compliance Time and Threshold

    UPS proposed a bridging plan to transition to the new Variation 3.1 
with initial threshold of not to exceed 14,600 flight cycles, with 
repeat replacement of 13,500 flight cycles. UPS asserted that the 
restrictive compliance time specified in paragraph (h)(2) of the 
proposed AD could result in immediate grounding of airplanes with parts 
currently installed on the airplane accumulating between 13,500 flight 
cycles and 14,600 flight cycles, since a current parts shortage at 
repair vendors does not support the increase in number of part removals 
at the reduced threshold. UPS also noted that AD 2016-15-01 provided a 
2-year compliance time for a larger threshold decrease from 47,000 
flight cycles to 14,600 flight cycles, and that the current replacement 
program at 14,600 flight cycles is effective to maintain safety and 
reliability.
    The FAA does not agree with the requested change. The manufacturer 
has confirmed that adequate parts are available to support the required 
compliance time. As noted in paragraph (h)(3) of this AD, ``The initial 
compliance time for doing the tasks specified in paragraph (3) of EASA 
AD 2022-0194 is on or before the applicable ``limitations'' and 
``associated thresholds'' as incorporated by the requirements of 
paragraph (3) of EASA AD 2022-0194, or within 90 days after the 
effective date of this AD, whichever occurs later.'' The FAA has 
determined that the compliance time, as proposed, should allow 
sufficient time for operators to coordinate with their respective 
vendors and accomplish the task. In developing an appropriate 
compliance time, the FAA considered the safety implications, the time 
necessary to accomplish the required actions, and normal maintenance 
schedules for timely accomplishment of the required actions. In light 
of these items, we have determined that the specified compliance time, 
as proposed, is appropriate. However, under the provisions of paragraph 
(k)(1) of this AD, the FAA will consider requests for approval of an 
extension of the compliance time if sufficient data are submitted to 
substantiate that the extension would provide an acceptable level of 
safety. This AD has not been changed with regard to this request.

Conclusion

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data, considered the 
comments received, and determined that air safety requires adopting 
this AD

[[Page 36932]]

as proposed. Accordingly, the FAA is issuing this AD to address the 
unsafe condition on this product. 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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0194 specifies new or more restrictive airworthiness 
limitations for certain THSAs. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in 
ADDRESSES.

Costs of Compliance

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

    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:

2023-11-02 Airbus SAS: Amendment 39-22447; Docket No. FAA-2022-1660; 
Project Identifier MCAI-2022-01268-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 11, 2023.

(b) Affected ADs

    This AD affects AD 2016-15-01, Amendment 39-18592 (81 FR 47696, 
July 22, 2016) (AD 2016-15-01); and AD 2018-18-21, Amendment 39-
19400 (83 FR 47054, September 18, 2018) (AD 2018-18-21).

(c) Applicability

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

(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 the risks associated with the effects of 
aging on airplane systems. The unsafe condition, if not addressed, 
could change system characteristics, leading to an increased 
potential for failure of certain life-limited parts, and reduced 
structural integrity or controllability 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 
2022-0194, dated September 23, 2022 (EASA AD 2022-0194).

(h) Exceptions to EASA AD 2022-0194

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2022-0194.
    (2) Paragraph (3) of EASA AD 2022-0194 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 2022-0194 is on or before the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2022-0194, or within 90 
days after the effective date of this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in paragraph 
(4) of EASA AD 2022-0194.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0194.

(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 2022-0194.

(j) Terminating Actions for AD 2016-15-01 and AD 2018-18-21

    (1) Accomplishing the actions required by this AD terminates all 
requirements of AD 2016-15-01 for Model A300-600 series airplanes 
only.
    (2) Accomplishing the actions required by this AD terminates the 
corresponding requirements of AD 2018-18-21, for the tasks 
identified in the service information referenced in EASA AD 2022-
0194 only.

(k) 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

[[Page 36933]]

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 (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 
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, 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) Additional Information

    Dan Rodina, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 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 2022-0194, 
dated September 23, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0194, 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.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 25, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-11914 Filed 6-5-23; 8:45 am]
BILLING CODE 4910-13-P