[Federal Register Volume 91, Number 82 (Wednesday, April 29, 2026)]
[Proposed Rules]
[Pages 23034-23036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-08289]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2026-3873; Project Identifier MCAI-2025-00197-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A330-200 and A330-300 series airplanes
modified by a certain supplemental type certificate (STC). This
proposed AD was prompted by a finding that, for airplanes with a
flightcrew oxygen system supplied by a single oxygen cylinder, the
oxygen supply would be insufficient under all circumstances for
extended operations (ETOPS) with a with a maximum diversion time of 180
minutes (ETOPS-180) with four flightcrew members. This proposed AD
would require revising the existing Airplane Flight Manual Supplement
(AFM-S) to limit ETOPS-180 operations to three flightcrew members, as
applicable, and correct minimum oxygen dispatch pressure information.
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 June 15,
2026.
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.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2026-3873; 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.
Material Incorporated by Reference:
For European Union Aviation Safety Agency (EASA) material
identified in this proposed AD, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]. You may find this material on the EASA website at
ad.easa.europa.eu. It is also available at regulations.gov under Docket
No. FAA-2026-3873.
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.
FOR FURTHER INFORMATION CONTACT: Joseph Catanzaro, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 516-
228-7366; 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 using a method listed
under the ADDRESSES section. Include ``Docket No. FAA-2026-3873;
Project Identifier MCAI-2025-00197-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 the 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
Joseph Catanzaro, Aviation Safety Engineer, FAA, 2200 South 216th St.,
Des Moines, WA 98198; phone: 516-228-7366; 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 European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2025-0047, dated February 20, 2025 (EASA AD 2025-0047) (also
referred to as the MCAI), to correct an unsafe condition on Airbus SAS
Model A330-200 and A330-300 series airplanes converted from passenger
to freighter airplanes in accordance with EASA Supplemental Type
Certificate (STC) S10063798, which was issued to Elbe Flugzeugwerke
GmbH (EFW). EASA STC S10063798 corresponds to FAA STC ST04038NY for
those same modified airplane models operating in the U.S. The MCAI
states it was identified that, for airplanes with a flightcrew oxygen
system supplied by a single oxygen cylinder, the oxygen supply will not
be sufficient under all circumstances for ETOPS-180 operation with four
flightcrew members, when considering the modified procedures for
airplanes that have EASA STC S10063798 (FAA STC ST04038NY) embodied. It
was also identified that the minimum oxygen dispatch pressure
information in the Flight Crew Operating Manual Supplement (FCOM-S) was
not properly referenced by the AFM-S. This condition, if not corrected,
could lead to insufficient oxygen supply in emergency situations during
ETOPS-180 operation with four flightcrew members.
The FAA is proposing this AD to address the unsafe condition on
these products.
[[Page 23035]]
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2026-3873.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2025-0047 specifies procedures for implementing the AFM-S
update to limit ETOPS-180 operations to three flightcrew members on
airplanes with a flightcrew oxygen system supplied by a single 115
ft\3\ oxygen cylinder and to update the minimum oxygen dispatch
pressure information for all airplanes. 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 civil aviation authority
of another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, that authority 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 on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2025-0047 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 2025-0047 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2025-0047 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 2025-0047 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 2025-
0047. Material required by EASA AD 2025-0047 for compliance will be
available at regulations.gov under Docket No. FAA-2026-3873 after the
FAA final rule is published.
Compliance With AFM Revisions
EASA AD 2025-0047 requires operators to ``inform all flight crews''
of revisions to the AFM, and thereafter to ``operate the aeroplane
accordingly.'' However, this proposed AD would not specifically require
those actions as those actions are already required by FAA regulations.
FAA regulations require operators furnish to pilots any changes to the
AFM (for example, 14 CFR 121.137), and to ensure the pilots are
familiar with the AFM (for example, 14 CFR 91.505). As with any other
flightcrew training requirement, training on the updated AFM content is
tracked by the operators and recorded in each pilot's training record,
which is available for the FAA to review. FAA regulations also require
pilots to follow the procedures in the existing AFM including all
updates. Section 91.9 requires that any person operating a civil
aircraft must comply with the operating limitations specified in the
AFM. Therefore, including a requirement in this proposed AD to operate
the airplane according to the revised AFM would be redundant and
unnecessary.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 11 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Labor cost Parts cost Cost per product Cost on U.S. operators
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1 work-hour x $85 per hour = $85................. $0 $85 $935
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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:
[[Page 23036]]
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-2026-3873; Project Identifier MCAI-2025-
00197-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 15, 2026.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS airplanes identified in paragraphs
(c)(1) and (2) of this AD, certificated in any category, modified in
accordance with FAA Supplemental Type Certificate (STC) ST04038NY.
(1) Model A330-201, -202, -203, -223, and -243 airplanes.
(2) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by a finding that, for airplanes with a
flightcrew oxygen system supplied by a single oxygen cylinder, the
oxygen supply would be insufficient under all circumstances for
extended operations (ETOPS) with a maximum diversion time of 180
minutes (ETOPS-180) with four flightcrew members. The FAA is issuing
this AD to limit ETOPS-180 operations to three flightcrew members on
airplanes with a flightcrew oxygen system supplied by a single
oxygen cylinder and to address incorrect minimum oxygen dispatch
pressure information in the airplane flight manual supplement (AFM-
S). The unsafe condition, if not addressed, could result in
insufficient oxygen supply in emergency situations during ETOPS-180
operation with four flightcrew members.
(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
2025-0047, dated February 20, 2025 (EASA AD 2025-0047).
(h) Exceptions to EASA AD 2025-0047
(1) Where EASA AD 2025-0047 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2025-0047 defines the AFM-S update as,
``Aeroplane Flight Manual Supplement (AFM-S) Limitations update, as
defined in Appendix 1 of this AD; and Elbe Flugzeugwerke GmbH (EFW)
A330 P2F Flight Crew Operating Manual Supplement (FCOM-S) ENV--
Temporary Revision No. 00-007 (Based on the Apr 01/23)'', this AD
requires replacing that text with ``Airplane Flight Manual
Supplement (AFM-S) Limitations update, as defined in Appendix 1 of
this AD''.
(3) Where paragraph (1) of EASA AD 2025-0047 says to ``implement
the AFM-S update'', this AD requires replacing that text with
``revise the ``Appendices and Supplements'' section of the existing
AFM Supplement to incorporate the applicable limitations in the AFM-
S update''.
(4) Where paragraph (1) of EASA AD 2025-0047 specifies to
``inform all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations
(see 14 CFR 91.9, 91.505, and 121.137).
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2025-0047.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, AIR-
520, Continued Operational Safety 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 manager of
the Continued Operational Safety Branch, send it to the attention of
the person identified in paragraph (j) of this AD and email 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, AIR-520,
Continued Operational Safety 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.
(j) Additional Information
For more information about this AD, contact Joseph Catanzaro,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 516-228-7366; email: [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2025-0047,
dated February 20, 2025.
(ii) [Reserved]
(3) For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]. You may find this material 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 at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on April 24, 2026.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2026-08289 Filed 4-28-26; 8:45 am]
BILLING CODE 4910-13-P