[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Rules and Regulations]
[Pages 76951-76953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26435]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0484; Product Identifier 2020-NM-051-AD; Amendment 
39-21341; AD 2020-24-11]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A340-200, 
A340-300, A340-500, and A340-600 series airplanes. This AD was prompted 
by a report that an airplane failed to extend its nose landing gear 
(NLG) using the free fall method, due to loss of the green hydraulic 
system. This AD requires repetitive tests of affected free fall 
actuators (FFA), and replacement of any affected FFA with a serviceable 
FFA, 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 January 5, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 5, 
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#1c5d586f5c797d6f7d3279696e736c7d327969"><span class="__cf_email__" data-cfemail="2c6d685f6c494d5f4d0249595e435c4d024959">[email protected]</span></a>; 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 IBR 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 on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2019-0484.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0484; 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, 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: Vladimir Ulyanov, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; 
email <a href="/cdn-cgi/l/email-protection#c7b1aba6a3aeaaaeb5e9b2abbea6a9a8b187a1a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="baccd6dbded3d7d3c894cfd6c3dbd4d5ccfadcdbdb94ddd5cc">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0076, dated March 30, 2020 
(``EASA AD 2020-0076'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A330-200, A330-200 Freighter, A330-
300, A340-200, and A340-300 series airplanes; Model A340-541 and -542 
airplanes; and Model A340-642 and -643 airplanes. Airbus SAS Model 
A340-542 and A340-643 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.
    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 
A330-200, A330-200 Freighter, A330-300, A340-200, A340-300, A340-500, 
and A340-600 series airplanes. The NPRM published in the Federal 
Register on June 30, 2020 (85 FR 39110). The NPRM was prompted by a 
report that an airplane failed to extend its NLG using the free fall 
method, due to loss of the green hydraulic system. The NPRM proposed to 
require repetitive tests of affected FFAs, and replacement of any 
affected FFA with a serviceable FFA, as specified in an EASA AD.
    The FAA is issuing this AD to address detached magnets on both 
electrical motors of the FFAs, which could prevent landing gear 
extension by the free fall method, possibly resulting in loss of 
control of the airplane after landing. See the MCAI for additional 
background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) and American 
Airlines expressed support for the proposed AD.

Request To Supersede AD 98-03-03

    American Airlines recommended that the proposed AD supersede AD 98-
03-03, Amendment 39-10295 (63 FR 4374, January 29, 1998) (AD 98-03-03). 
The commenter asserted that Appendix 4 of Airbus All Operators 
Transmission (AOT) 32L012-18, Revision 01, dated May 16, 2019; Revision 
02, dated July 3, 2019; and Revision 03, dated January 21, 2020; 
includes FFA serial numbers that were the subject of AD 98-03-03. The 
commenter also pointed out that the specific serial numbers impacted by 
AD 98-03-03 are shown in Lucas Aerospace Alert Service Bulletin AR024-
A32-001, dated July 28, 1995, which was referenced as an additional 
source of service information in AD 98-03-03.
    The FAA does not agree to supersede AD 98-03-03, which affects, in 
part, Model A330 series airplanes, as listed in Airbus Service Bulletin 
A330-32-3042, Revision 1, dated September 19, 1995. That service 
bulletin lists Model A330-301, -321, -322, and -342 series airplanes 
with specific manufacturer serial numbers (MSNs). None of those 
airplanes are registered in the U.S. This AD affects all Model A330-200 
and A330-300 series airplanes, including all MSNs. In addition, AD 98-
03-03 affects FFAs with part numbers (P/Ns) AR02403, AR02404, and 
AR02405, while this AD affects FFAs with P/N AR02404 only. AD 98-03-03 
also addresses a different unsafe condition than is addressed in this 
AD. For these reasons, the FAA has determined that it is inappropriate 
for this AD to supersede AD 98-03-03. The FAA has not changed this AD 
with regard to this request.

[[Page 76952]]

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0076 describes procedures for repetitive tests of 
affected FFAs and replacement of any affected FFA that fails a test 
with a serviceable FFA. EASA AD 2020-0076 also describes procedures for 
replacement of all affected FFAs, which terminates the repetitive 
tests. 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 113 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340...........................            * $0             $340          $38,420
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the
  replacements specified in this AD.

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170....            * $0             $170
------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency
  to provide parts cost estimates for the on-condition replacements
  specified in this 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

    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.

Adoption of 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 (AD):

2020-24-11 Airbus SAS: Amendment 39-21341; Docket No. FAA-2019-0484; 
Product Identifier 2020-NM-051-AD.

(a) Effective Date

    This AD is effective January 5, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (7) of this AD, certificated in any 
category.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (4) Model A340-211, -212, -213 airplanes.
    (5) Model A340-311, -312, and -313 airplanes.
    (6) Model A340-541 airplanes.
    (7) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

[[Page 76953]]

(e) Reason

    This AD was prompted by a report that an airplane failed to 
extend its nose landing gear (NLG) using the free fall method, due 
to loss of the green hydraulic system. The FAA is issuing this AD to 
address detached magnets on both electrical motors of the free fall 
actuators (FFAs), which could prevent landing gear extension by the 
free fall method, possibly resulting in loss of control of the 
airplane after landing.

(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 
2020-0076, dated March 30, 2020 (``EASA AD 2020-0076'').

(h) Exceptions to EASA AD 2020-0076

    (1) Where EASA AD 2020-0076 refers to its effective date or 
``the effective date of EASA AD 2019-0063'' or ``the effective date 
of EASA AD 2019-0164,'' this AD requires using the effective date of 
this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0076 does not apply 
to this AD.
    (3) Where paragraph (3) of EASA AD 2020-0076 specifies credit 
for certain tasks ``provided the continuity test specified in A330 
AMM [Aircraft Maintenance Manual] task 32-33-00-710-809, or A340 AMM 
task 32-33-00-710-806, as applicable, is accomplished 
concurrently,'' this AD provides credit ``provided the continuity 
test is accomplished concurrently in accordance with the 
instructions of an FAA-approved maintenance or inspection program.''

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0076 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Other FAA 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 (k) of this 
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#80b9adc1d6d3adc1c9d2adb7b3b0adc1cdcfc3c0e6e1e1aee7eff6"><span class="__cf_email__" data-cfemail="41786c0017126c0008136c7672716c000c0e02012720206f262e37">[email protected]</span></a>. 
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): For any service information 
referenced in EASA AD 2020-0076 that contains RC procedures and 
tests: Except as required by paragraphs (h)(3) and (j)(2) of this 
AD, RC 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

    For more information about this AD, contact Vladimir Ulyanov, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3229; email <a href="/cdn-cgi/l/email-protection#60160c0104090d09124e150c19010e0f16200601014e070f16"><span class="__cf_email__" data-cfemail="abddc7cacfc2c6c2d985dec7d2cac5c4ddebcdcaca85ccc4dd">[email protected]</span></a>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 2020-0076, 
dated March 30, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0076, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#a2e3e6d1e2c7c3d1c38cc7d7d0cdd2c38cc7d7"><span class="__cf_email__" data-cfemail="3475704774515547551a5141465b44551a5141">[email protected]</span></a>; 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. This material may be found in the AD 
docket on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0484.
    (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 
<a href="/cdn-cgi/l/email-protection#f89e9d9c8a9d9fd6949d9f9994b896998a99d69f978e"><span class="__cf_email__" data-cfemail="9ff9fafbedfaf8b1f3faf8fef3dff1feedfeb1f8f0e9">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 18, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-26435 Filed 11-30-20; 8:45 am]
BILLING CODE 4910-13-P


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