[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Proposed Rules]
[Pages 40373-40376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15942]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0568; Project Identifier MCAI-2021-00446-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 all Airbus SAS Model A330-200, -200 Freighter, -300 and -900 series 
airplanes; and Model A340-200, -300, -500, and -600 series airplanes. 
This proposed AD was prompted by a report that during the frame of 
flight test clearance process, a detailed analysis of air data 
reference (ADR) failure scenarios led to the identification that 
compliance requirements for loads and handling qualities throughout the 
flight envelope could be impaired in case of dispatch with one ADR 
inoperative (master minimum equipment list (MMEL) item 34-10-01) during 
the maximum interval allowed by the current MMEL. This proposed AD 
would require revising the operator's existing FAA-approved minimum 
equipment list (MEL) for the air data/inertial reference system, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference. 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 September 
13, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#f7b6b384b792968496d9928285988796d99282"><span class="__cf_email__" data-cfemail="a8e9ecdbe8cdc9dbc986cddddac7d8c986cddd">[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-2021-0568.

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-2021-
0568; 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, any comments received, and other information. The street 
address for Docket Operations is listed above.

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#6b1d070a0f02060219451e07120a05041d2b0d0a0a450c041d"><span class="__cf_email__" data-cfemail="4b3d272a2f22262239653e27322a25243d0b2d2a2a652c243d">[email protected]</span></a>.

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-2021-0568; Project Identifier 
MCAI-2021-00446-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

[[Page 40374]]

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 proposed AD.

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 
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#5b2d373a3f32363229752e37223a35342d1b3d3a3a753c342d"><span class="__cf_email__" data-cfemail="42342e23262b2f2b306c372e3b232c2d34022423236c252d34">[email protected]</span></a>. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0103, dated April 13, 2021 
(EASA AD 2021-0103) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus SAS Model A330-200, -200 Freighter, -300 and -900 series 
airplanes; Model A340-200 and -300 series airplanes; and Model A340-
541, -542, -642, and -643 airplanes. Model A340-542 and -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.
    This proposed AD was prompted by a report that during the frame of 
flight test clearance process, a detailed analysis of ADR failure 
scenarios led to the identification that compliance requirements for 
loads and handling qualities throughout the flight envelope could be 
impaired in case of dispatch with one ADR inoperative (MMEL item 34-10-
01) during the maximum interval allowed by the current MMEL. The FAA is 
proposing this AD to address the possibility of in-flight loss of a 
second ADR combined with erroneous low speed data provided by the 
remaining functional ADR, which could result in loss of control of the 
airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0103 describes procedures for revising the air data/
inertial reference system for MMEL item 34-10-01. 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 and Requirements of This Proposed AD

    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 proposing this AD because the FAA 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0103 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.
    EASA AD 2021-0103 requires operators to ``inform all flight crews'' 
of revisions to the MMEL, and thereafter to ``operate the aeroplane 
accordingly.'' However, this proposed AD would not specifically require 
those actions as they are already required by FAA regulations.
    FAA regulations (14 CFR 121.628(a)(2)) require operators to provide 
pilots with access to all of the information contained in the 
operator's MEL.
    Furthermore, 14 CFR 121.628(a)(5) requires airplanes to be operated 
under all applicable conditions and limitations contained in the 
operator's MEL. Therefore, including a requirement in this AD to 
operate the airplane according to the revised MEL would be redundant 
and unnecessary. Further, compliance with such a requirement in an AD 
would be impracticable to demonstrate or track on an ongoing basis; 
therefore, a requirement to operate the airplane in such a manner would 
be unenforceable.

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 certain 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, 
EASA AD 2021-0103 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with EASA 
AD 2021-0103 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 2021-0103 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 2021-
0103. Service information specified in EASA AD 2021-0103 that is 
required for compliance with it will be available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0568 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 130 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 40375]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170          $22,100
----------------------------------------------------------------------------------------------------------------

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 adding the following new airworthiness 
directive:

Airbus SAS: Docket No. FAA-2021-0568; Project Identifier MCAI-2021-
00446-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 13, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in 
paragraphs (c)(1) through (8) 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 A330-941 airplanes.
    (5) Model A340-211, -212, and -213 airplanes.
    (6) Model A340-311, -312, and -313 airplanes.
    (7) Model A340-541 airplanes.
    (8) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by a report that during the frame of flight 
test clearance process, a detailed analysis of air data reference 
(ADR) failure scenarios led to the identification that compliance 
requirements for loads and handling qualities throughout the flight 
envelope could be impaired in case of dispatch with one ADR 
inoperative (master minimum equipment list (MMEL) item 34-10-01) 
during the maximum interval allowed by the current MMEL. The FAA is 
issuing this AD to address the possibility of in-flight loss of a 
second ADR combined with erroneous low speed data provided by the 
remaining functional ADR, which could result in loss of 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, European Union Aviation Safety Agency (EASA) AD 
2021-0103, dated April 13, 2021 (EASA AD 2021-0103).

(h) Exceptions to EASA AD 2021-0103

    (1) Where EASA AD 2021-0103 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0103 specifies to implement certain 
information in ``the MMEL MER'' into the ``operational 
documentation,'' this AD requires revising the operator's existing 
FAA-approved minimum equipment list (MEL) to incorporate that 
information.
    (3) Where EASA AD 2021-0103 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.
    (4) The ``Remarks'' section of EASA AD 2021-0103 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)(2) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#596074180f0a7418100b746e6a69741814161a193f3838773e362f"><span class="__cf_email__" data-cfemail="a69f8be7f0f58be7eff48b9195968be7ebe9e5e6c0c7c788c1c9d0">[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): 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

[[Page 40376]]

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

    (1) For information about EASA AD 2021-0103 contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#1a5b5e695a7f7b697b347f6f68756a7b347f6f"><span class="__cf_email__" data-cfemail="17565364577276647639726265786776397262">[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. 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-
2021-0568.
    (2) 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#ec9a808d888581859ec29980958d82839aac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="2d5b414c494440445f035841544c43425b6d4b4c4c034a425b">[email protected]</span></a>.

    Issued on July 21, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-15942 Filed 7-27-21; 8:45 am]
BILLING CODE 4910-13-P


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