This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

86457 

Vol. 85, No. 250 

Wednesday, December 30, 2020 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–1135; Project 

Identifier MCAI–2020–01363–T; Amendment 

39–21373; AD 2020–26–18] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Airbus SAS Model A330–243, –343, and 

–941 airplanes. This AD was prompted

by a report that during an inspection of

the wing/fuselage fillet interface,

evidence of black stains and white

oxidation was found on several areas of

the fillet fairing adjustable rods due to

surface corrosion. This AD requires

replacing each affected fillet fairing

adjustable rod with a serviceable part, 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 becomes effective

January 14, 2021.

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of January 14, 2021. 

The FAA must receive comments on 

this AD by February 16, 2021. 

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

https://www.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 incorporated by reference 

(IBR) in this AD, contact the EASA, 

Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

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–2020– 

1135. 

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–2020– 

1135; 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 AD, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

Comments will be available in the AD 

docket shortly after receipt. 

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 

vladimir.ulyanov@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The EASA, which is the Technical 

Agent for the Member States of the 

European Union, has issued EASA AD 

2020–0209, dated October 5, 2020 

(EASA AD 2020–0209) (also referred to 

as the Mandatory Continuing 

Airworthiness Information, or the 

MCAI), to correct an unsafe condition 

for certain Airbus SAS Model A330– 

243, –343, and –941 airplanes. 

This AD was prompted by a report 

that during an inspection of the wing/ 

fuselage fillet interface, evidence of 

black stains and white oxidation was 

found on several areas of the fillet 

fairing adjustable rods due to surface 

corrosion. The FAA is issuing this AD 

to address surface corrosion, which 

could lead to rod failures and 

consequent fillet fairing detachment, 

and possibly result in damage to the 

tailplane and reduced control of the 

airplane. See the MCAI for additional 

background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2020–0209 describes 

procedures for replacing each affected 

fillet fairing adjustable rod with a 

serviceable part. 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 

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 the State 

of Design Authority, the FAA has been 

notified of the unsafe condition 

described in the MCAI referenced 

above. The FAA is issuing this AD 

because the FAA evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Requirements of This AD 

This AD requires accomplishing the 

actions specified in EASA AD 2020– 

0209 described previously, as 

incorporated by reference, except for 

any differences identified as exceptions 

in the regulatory text of this AD. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA initially worked with 

Airbus and EASA to develop a process 

to use certain EASA ADs as the primary 

source of information for compliance 

with requirements for corresponding 

FAA ADs. The FAA has since 

coordinated with other manufacturers 

and civil aviation authorities (CAAs) to 

86458 Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Rules and Regulations 

use this process. As a result, EASA AD 

2020–0209 is incorporated by reference 

in this final rule. This AD, therefore, 

requires compliance with EASA AD 

2020–0209 in its entirety, through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this AD. Using 

common terms that are the same as the 

heading of a particular section in the 

EASA AD 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 the EASA 

AD. Service information specified in 

EASA AD 2020–0209 that is required for 

compliance with EASA AD 2020–0209 

is available on the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

1135. 

FAA’s Justification and Determination 

of the Effective Date 

There are currently no domestic 

operators of these products. Therefore, 

the FAA finds that notice and 

opportunity for prior public comment 

are unnecessary and that good cause 

exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this AD. Send your 

comments to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2020–1135; Project Identifier 

MCAI–2020–01363–T’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the final rule, 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 final rule 

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 https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this final rule. 

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 AD 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 AD, 

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 AD. Submissions containing CBI 

should be sent to 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 vladimir.ulyanov@

faa.gov. Any commentary that the FAA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Regulatory Flexibility Act (RFA) 

The requirements of the RFA do not 

apply when an agency finds good cause 

pursuant to 5 U.S.C. 553 to adopt a rule 

without prior notice and comment. 

Because the FAA has determined that it 

has good cause to adopt this rule 

without notice and comment, RFA 

analysis is not required. 

Costs of Compliance 

Currently, there are no affected U.S.- 

registered airplanes. If an affected 

airplane is imported and placed on the 

U.S. Register in the future, the FAA 

provides the following cost estimates to 

comply with this AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per product 

Up to 8 work-hours × $85 per hour = Up to $680 .......................................................................................... (*) Up to $680.* 

* The FAA has received no definitive data on which to base the parts cost estimates for the replacements specified in this AD. 

According to the manufacturer, some 

or all of the costs of this AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. The FAA does not control 

warranty coverage for affected 

individuals. As a result, the FAA has 

included all known costs in the cost 

estimate. 

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 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, 

and 

(2) Will not affect intrastate aviation 

in Alaska. 

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: 

Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Rules and Regulations 86459 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2020–26–18 Airbus SAS: Amendment 39– 

21373; Docket No. FAA–2020–1135; 

Project Identifier MCAI–2020–01363–T. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective January 14, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus SAS Model 

A330–243, –343, and –941 airplanes, 

certificated in any category, as identified in 

European Union Aviation Safety Agency 

(EASA) AD 2020–0209, dated October 5, 

2020 (EASA AD 2020–0209). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Reason 

This AD was prompted by a report that 

during an inspection of the wing/fuselage 

fillet interface, evidence of black stains and 

white oxidation was found on several areas 

of the fillet fairing adjustable rods due to 

surface corrosion. The FAA is issuing this 

AD to address surface corrosion, which could 

lead to rod failures and consequent fillet 

fairing detachment, and possibly result in 

damage to the tailplane and reduced control 

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, EASA AD 2020–0209. 

(h) Exception to EASA AD 2020–0209 

The ‘‘Remarks’’ section of EASA AD 2020– 

0209 does not apply to this AD. 

(i) 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 (j) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 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 (i)(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. 

(j) 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 

vladimir.ulyanov@faa.gov. 

(k) 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 2020–0209, dated October 5, 

2020. 

(ii) [Reserved] 

(3) For EASA AD 2020–0209, contact the 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; 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–2020–1135. 

(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 fedreg.legal@

nara.gov, or go to: https://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

Issued on December 14, 2020. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2020–28859 Filed 12–29–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–0681; Product 

Identifier 2020–NM–089–AD; Amendment 

39–21376; AD 2020–26–21] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Airbus SAS Model A350–941 airplanes. 

This AD was prompted by a report that 

during the assembly of a certain section 

of the fuselage, the gaps found on selfaligning nuts for eight fasteners were 

out of tolerance. This AD requires a 

rotating probe test of all fastener holes 

located in the affected area for any 

discrepancies, an eddy current 

inspection of the surrounding flange for 

any discrepancies, a detailed inspection 

of certain frames for any discrepancies, 

and corrective actions if necessary, 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 February 3, 

2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of February 3, 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 ADs@

easa.europa.eu; 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,