Airworthiness Directives; Airbus SAS Airplanes, 3279-3284 [2020-00449]

Download as PDF Federal Register / Vol. 85, No. 13 / Tuesday, January 21, 2020 / Proposed Rules operates, provided the concern represents and agrees in writing: (i) As to what the intended use of the surplus personal property is to be; (ii) That it will use the property to be acquired in the normal conduct of its business activities or be liable for the fair rental value from the date of its receipt; (iii) That it will not sell or transfer the property to be acquired to any party other than the Federal Government as required by GSA and SASP requirements and guidelines; (iv) That, at its own expense, it will return the property to a SASP if directed to do so by SBA, including where the concern has not used the property as intended within one year of receipt; (v) That, should it breach its agreement not to sell or transfer the property, it will be liable to the Federal Government for the established fair market value or the sale price, whichever is greater, of the property sold or transferred; and (vi) That it will give GSA and SASP access to inspect the property and all records pertaining to it. (2) A concern receiving surplus personal property pursuant to this section assumes all liability associated with or stemming from the use of the property. (d) Costs. Concerns acquiring surplus personal property from a SASP must pay a service fee to the SASP in accordance with 41 CFR 102–37.280. In no instance will any SASP charge a concern more for any service than their established fees charged to other transferees. (e) Title. Upon execution of the SASP distribution document, the firm receiving the surplus personal property has only conditional title only to the surplus personal property during the applicable period of restriction. Full title to the property will vest in the donee only after the donee has met all of the requirements of this part and the requirements of GSA and the SASP that it received the property from. Subpart C—Surplus Personal Property for Small Businesses Located in Puerto Rico jbell on DSKJLSW7X2PROD with PROPOSALS § 129.300 What definitions are important in this subpart? Covered period means the period beginning on August 13, 2018 and ending on the date which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates. Located in Puerto Rico means a concern with a physical location in VerDate Sep<11>2014 17:16 Jan 17, 2020 Jkt 250001 Puerto Rico and organized under the laws of Puerto Rico. § 129.301 How does a small business concern located in a Puerto Rico obtain Federal surplus personal property? (a) General. Pursuant to 15 U.S.C. 636(j)(13)(F)(iii) eligible small business concerns located in Puerto Rico may receive surplus Federal Government property from the Puerto Rico State Agency for Surplus Property (SASPs). The procedures set forth in 41 CFR part 102–37 and this section will be used to transfer surplus personal property to eligible small business concerns. (2) The property which may be transferred to SASPs for further transfer to eligible small business concerns includes all personal property which has become available for donation pursuant to 41 CFR 102–37.30. (b) Eligibility to receive Federal surplus personal property. To be eligible to receive Federal surplus personal property, on the date of transfer a concern must: (1) Be located in Puerto Rico and certify that it qualifies as a small business under its primary NAICS code; (2) Not be debarred, suspended, or declared ineligible under Title 2 or Title 48 of the Code of Federal Regulations; and (3) Be engaged or expect to be engaged in business activities making the item useful to it; and (c) Use of acquired surplus personal property. (1) Eligible concerns may acquire surplus Federal personal property from the Puerto Rico SASP, provided the concern represents and agrees in writing: (i) As to what the intended use of the surplus personal property is to be; (ii) That it will use the property to be acquired in the normal conduct of its business activities or be liable for the fair rental value from the date of its receipt; (iii) That it will not sell or transfer the property to be acquired to any party other than the Federal Government as required by GSA and SASP requirements and guidelines; (iv) That, at its own expense, it will return the property to a SASP if directed to do so by SBA, including where the concern has not used the property as intended within one year of receipt; (v) That, should it breach its agreement not to sell or transfer the property, it will be liable to the Federal Government for the established fair market value or the sale price, whichever is greater, of the property sold or transferred; and (vi) That it will give GSA, and SASPS access to inspect the property and all records pertaining to it. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 3279 (2) A concern receiving surplus personal property pursuant to this section assumes all liability associated with or stemming from the use of the property. (d) Costs. Concerns acquiring surplus personal property from a SASP must pay a service fee to the SASP in accordance with 41 CFR 102–37.280. In no instance will any SASP charge a concern more for any service than their established fees charged to other transferees. (f) Title. Upon execution of the SASP distribution document, the firm receiving the surplus personal property has only conditional title to the surplus personal property during the applicable period of restriction. Full title to the surplus personal property will vest in the donee only after the donee has met all of the requirements of this part. Dated: January 7, 2020. Christopher M. Pilkerton, Acting Administrator. [FR Doc. 2020–00442 Filed 1–17–20; 8:45 am] BILLING CODE 8026–03–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0484; Product Identifier 2019–NM–065–AD] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening of comment period. AGENCY: The FAA is revising an earlier proposal for all Airbus SAS Model A330–200, A330–200 Freighter, A330– 300, A340–200, A340–300, A340–500, and A340–600 series airplanes. This action revises the notice of proposed rulemaking (NPRM) by including additional affected free fall actuators (FFAs) and reducing certain compliance times. The FAA is proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, the FAA is reopening the comment period to allow the public the chance to comment on these changes. DATES: The comment period for the NPRM published in the Federal Register on June 26, 2019 (84 FR 30055), is reopened. SUMMARY: E:\FR\FM\21JAP1.SGM 21JAP1 jbell on DSKJLSW7X2PROD with PROPOSALS 3280 Federal Register / Vol. 85, No. 13 / Tuesday, January 21, 2020 / Proposed Rules The FAA must receive comments on this proposed AD by March 6, 2020. 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 the material identified in this proposed AD that will be incorporated by reference (IBR), contact the European Union Aviation Safety Agency (EASA), Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 89990 1000; 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, Transport Standards 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. your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2019–0484; Product Identifier 2019–NM–065–AD’’ at the beginning of your comments. The FAA specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. The FAA will consider all comments received by the closing date and may amend this NPRM based on those comments. The FAA will post all comments received, without change, to https:// www.regulations.gov, including any personal information you provide. The FAA will also post a report summarizing each substantive verbal contact received about this NPRM. Examining the AD Docket Actions Since the NPRM Was Issued 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 NPRM, the regulatory evaluation, 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, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3229. SUPPLEMENTARY INFORMATION: Since the NPRM was issued, the FAA has determined that it is necessary to include additional affected FFAs and reduce certain compliance times. The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2019–0164, dated July 11, 2019 (‘‘EASA AD 2019–0164’’) (referred to after this 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, A340–300, A340–500, and A340– 600 series airplanes. Airbus SAS Model A340–542 and A340–643 airplanes are not certified by the FAA and are not included on the U.S. type certificate data sheet; this proposed AD therefore does not include those airplanes in the applicability. EASA AD 2019–0164 supersedes EASA AD 2019–0063. You may examine the MCAI in the AD docket on the internet at https:// www.regulations.gov by searching for Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send VerDate Sep<11>2014 17:16 Jan 17, 2020 Jkt 250001 Discussion The FAA issued an 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 26, 2019 (84 FR 30055). The NPRM 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 NPRM proposed to require repetitive tests of affected FFAs, and replacement of any affected FFA that fails a test with a serviceable FFA; as specified in EASA AD 2019– 0063, dated March 26, 2019 (‘‘EASA AD 2019–0063’’). PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 and locating Docket No. FAA–2019– 0484. This proposed AD was prompted by a report that an airplane failed to extend its NLG using the free fall method, due to the loss of the green hydraulic system. The FAA is proposing 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. Related IBR Material Under 1 CFR Part 51 EASA AD 2019–0164 describes procedures for repetitive tests of affected FFAs and replacement of any affected FFA that fails a test with a serviceable FFA. EASA AD 2019–0164 also describes procedures for an optional terminating action (replacement of all affected FFAs), which would terminate 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. Comments The FAA gave the public the opportunity to participate in developing this proposed AD. The FAA has considered the comments received on the proposal; the following is the FAA’s response to each comment. Support for the NPRM Patrick Imperatrice expressed his support for the NPRM. Request for Single Compliance Time Delta Air Lines (DAL) requested that the FAA change the compliance times specified in EASA AD 2019–0164 to a single compliance time: ‘‘Within 90 days after the effective date of this AD.’’ DAL stated that there is no need for multiple compliance times regardless of the affected part and affected airplane. DAL pointed out that based on the date of manufacture, the Airbus SAS Model A330–200 and –300 fleet has been operating for approximately 14 years. DAL stated that the FFA is a secondary system, only utilized in the event of a green hydraulic failure, and that based on a single occurrence of the unsafe condition in-flight, the risk of a failure is relatively low. DAL also pointed out that changing the compliance times to a single compliance time would reduce risk for non-compliance due to test planning if an FFA from a different affected group is installed at different positions on the same airplane. E:\FR\FM\21JAP1.SGM 21JAP1 Federal Register / Vol. 85, No. 13 / Tuesday, January 21, 2020 / Proposed Rules The FAA disagrees with the request to change the compliance times to a single compliance time. The proposed changes would affect the entire fleet of Model A330 airplanes, and multiple operators. The compliance times specified in EASA AD 2019–0164 affect both FFAs that are not tested, and FFAs that are previously tested. Removing the compliance times for previously tested parts could put airplanes using those FFAs out of compliance. The FAA has determined that DAL has not provided enough justification to substantiate that the risk of a failure to the fleet should result in a change to the compliance times. The FAA has not changed this SNPRM in this regard. jbell on DSKJLSW7X2PROD with PROPOSALS Request for Different Compliance Intervals DAL requested that the FAA change the repetitive testing intervals from flight hours to flight cycles. DAL specified that the affected FFAs are operated only during takeoff and landing. DAL provided no further justification for the requested change. The FAA disagrees with the request to change the repetitive testing intervals from flight hours to flight cycles. The failure rate was originally calculated using flight hours, and the FAA has determined that it is appropriate to calculate the compliance time for repetitive testing intervals in flight hours, as specified in EASA AD 2019– 0164. Converting the compliance times from flight hours to flight cycles in this SNPRM would necessitate obtaining additional information from EASA and Airbus to support these calculations, and could delay issuance of the final rule indefinitely. The FAA has not changed this SNPRM in this regard. Request To Revise the Terminating Action Language DAL requested that the FAA revise the terminating action language to require replacement of an affected FFA, with a serviceable FFA that is not an affected FFA. DAL stated that revising the terminating action language would better support the Part(s) Installation paragraph specified in EASA AD 2019– 0164 that prohibits installation of affected FFAs on any airplane from the effective date of EASA AD 2019–0164. DAL pointed out that the ‘‘Solution’’ section of Airbus SAS Retrofit Information Letter (RIL) LR32M18008932, states that ‘‘Any FFA PN [part number] AR02404 that fails the operational test will be upgraded into PN TY3409–01A according to Triumph SB [service bulletin] AR02404–32– L3409–1.’’ DAL mentioned that Triumph SB AR02404–32–L3409–1 VerDate Sep<11>2014 17:16 Jan 17, 2020 Jkt 250001 specifies reinforcement of affected FFAs with support rings to avoid magnet detachment. The FAA disagrees with the request to revise the terminating action language to require replacement of an affected FFA with a serviceable FFA that is not an affected FFA. EASA AD 2019–0164 conclusively specifies what constitutes a ‘‘serviceable part,’’ as well as an ‘‘affected part’’ in the ‘‘Definitions’’ section. The FAA has determined that the Terminating Action and Part(s) Installation paragraphs of EASA AD 2019–0164 do not conflict and do not require revision. The FAA has not changed this SNPRM in this regard. Request for Credit for Actions Accomplished Prior to the AD Effective Date DAL requested that the FAA provide credit for accomplishing the actions specified in paragraph (g) of the proposed AD prior to the AD effective date. DAL provided no further justification for the request. The FAA acknowledges the commenter’s request and agrees to clarify. Paragraph (f) of this proposed AD states to accomplish the required actions within the compliance times specified, ‘‘unless already done.’’ Therefore, if operators have accomplished the actions required for compliance with this AD before the effective date of this AD, no further action is necessary. The FAA has not revised this SNPRM in this regard. Request for Deviations to Triumph Reference Material (Referenced in Airbus Alert Operators Transmission (AOT) A32L012–18 (‘‘AOT A32L012– 18’’)) DAL requested that the FAA include deviations to Triumph Service Bulletin AR02404–32–L3409–1, dated February 21, 2011 (referenced in AOT A32L012– 18). DAL cited numerous typographical errors in various sections of Triumph Service Bulletin AR02404–32–L3409–1, dated February 21, 2011. DAL mentioned that a comment with the same request was acknowledged in EASA Proposed AD (PAD) No. 19–092, dated May 23, 2019 (closed for comments on June 20, 2019) (‘‘EASA PAD No. 19–092’’), but also pointed out that no change was made to EASA AD 2019–0164 once it was published. The FAA disagrees with the request to include deviations to Triumph Service Bulletin AR02404–32–L3409–1, dated February 21, 2011. Note 1 of AOT A32L012–18 refers to Triumph Service Bulletin AR02404–32–L3409–1, dated February 21, 2011, to provide clarification that after the embodiment PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 3281 of Triumph Service Bulletin AR02404– 32–L3409–1, dated February 21, 2011, the actuator part number is changed and is no longer affected. The proposed changes do not specifically facilitate or prevent the accomplishment of the required actions specified in EASA AD 2019–0164. EASA has communicated the requested corrections to Airbus, which can contact Triumph accordingly. The FAA has not revised this SNPRM in this regard. Request To Require Only Paragraph 4.2.2, Inspection Requirements, of AOT A32L012–18 DAL requested that the FAA revise the NPRM to require only paragraph 4.2.2, Inspection Requirements, of AOT A32L012–18. DAL mentioned that a comment with the same request was acknowledged in EASA PAD No. 19– 092, but also pointed out that no change was made to EASA AD 2019–0164 once it was published. DAL provided no further justification. The FAA disagrees with the request to require only paragraph 4.2.2, Inspection Requirements, of AOT A32L012–18. The FAA is requiring accomplishment of EASA AD 2019–0164, which requires affected operators to resolve the unsafe condition by accomplishing the actions specified in AOT A32L012–18. As EASA noted in EASA PAD No. 19–092, it did not consider it necessary to point to paragraph 4.2.2, as it is obvious the actions are to be accomplished using the instructions in paragraph 4.2.2. The FAA has not revised this SNPRM in this regard. Request To Revise the Aircraft Maintenance Manual (AMM) Based on AOT A32L012–18 DAL requested that various sections of the AMM be revised to include information specified in AOT A32L012– 18. DAL mentioned that a comment with the same request was acknowledged in EASA PAD No. 19– 092, but also pointed out that no revision to the AMM has been published. DAL provided no further justification. The FAA acknowledges the request to revise various sections of the AMM based on AOT A32L012–18. However, the FAA does not control the revision schedule of the Airbus AMM. Additionally, the FAA is requiring accomplishment of EASA AD 2019– 0164, which requires affected operators to resolve the unsafe condition by accomplishing the actions specified in AOT A32L012–18. The AMM is not required by this SNPRM or EASA AD 2019–0164 to accomplish the required E:\FR\FM\21JAP1.SGM 21JAP1 jbell on DSKJLSW7X2PROD with PROPOSALS 3282 Federal Register / Vol. 85, No. 13 / Tuesday, January 21, 2020 / Proposed Rules actions. The FAA has not revised this SNPRM in this regard. should come from Airbus. The FAA has not revised this SNPRM in this regard. Request To Specify Requirements or Special Instructions for a Special Tool DAL requested the FAA require inspection of special tool Control UnitLeg Free Fall Actuator, part number 97F32001001000 prior to use; or that operators be notified that during a mock-up for EASA AD 2019–0063 (superseded by EASA AD 2019–0164), DAL observed that the labels A and B on special tool Control Unit-Leg Free Fall Actuator, part number 97F32001001000, were reversed. DAL mentioned that a comment with the same request was acknowledged in EASA PAD No. 19–092, but also pointed out that no information, instructions, or requirements have been communicated regarding special tool Control Unit-Leg Free Fall Actuator, part number 97F32001001000. DAL provided no further justification. The FAA disagrees with the request to include additional requirements or special instructions for special tool Control Unit-Leg Free Fall Actuator, part number 97F32001001000. However, the FAA agrees that clarification is necessary. The proposed changes do not specifically facilitate or prevent the accomplishment of the required actions specified in EASA AD 2019–0164. EASA has communicated the requested corrections to Airbus and any further communication regarding these issues should come from Airbus. The FAA has not revised this SNPRM in this regard. Request To Review and Clarify Requirements of FFA Operational Check Request To Include an Alternate Cotter Pin Part Number DAL requested that the FAA specify an alternate cotter pin, part number MS24665–151, instead of part number MS24665–153, as specified in the Airbus A330 Illustrated Parts Catalog (IPC). DAL mentioned that a comment with the same request was acknowledged in EASA PAD No. 19– 092, but also pointed out that no information, instructions, or requirements have been communicated regarding an alternate cotter pin as specified in the Airbus A330 IPC. DAL provided no further justification. The FAA disagrees with the request to include specification for an alternate cotter pin, part number MS24665–151, instead of part number MS24665–153. The proposed changes do not specifically facilitate or prevent the accomplishment of the required actions specified in EASA AD 2019–0164. EASA has communicated the requested corrections to Airbus and any further communication regarding these issues VerDate Sep<11>2014 17:16 Jan 17, 2020 Jkt 250001 DAL requested that the FAA review and clarify the requirements of the FFA operational check. DAL pointed out that, in the NPRM (84 FR 32661, July 9, 2019) for AD 2019–21–02, Amendment 39–19768 (84 FR 57313, October 25, 2019) (‘‘AD 2019–21–02’’), the FAA proposed to revise the existing maintenance program to incorporate Airbus A330 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 06, dated October 15, 2018. AD 2019–21–02 specifies that accomplishing the actions terminates the requirements of AD 2016–26–05, Amendment 39–18763 (82 FR 1170, January 5, 2017) (‘‘AD 2016–26–05’’). DAL also mentioned that it has received an alternative method of compliance (AMOC) for AD 2016–26–05: FAA AMOC AIR–676–19–016, dated November 2, 2018, which approves incorporation of Maintenance Review Board Report (MRBR) Task 32.30.00/08 into the DAL maintenance program at Airbus A330 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 06, dated October 15, 2018. DAL specified that the 3,400 FH interval requirement specified in MRBR Task 32.30.00/08 conflicts with the requirements of Airbus SAS Retrofit Information Letter (RIL) LR32M18008932. The FAA agrees that clarification is necessary. FAA AD 2019–21–02, which corresponds with EASA AD 2019–0049, dated March 11, 2019, mandates revising the existing maintenance program to include Airbus A330 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 06, dated October 15, 2018. Airbus A330 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 06, dated October 15, 2018, contains task 323000– 00001–1–C ‘‘OPERATIONAL CHECK OF LANDING GEAR FREE–FALL SYSTEM’’ to be performed every 3,400 FH. Task 323000–00001–1–C, ‘‘OPERATIONAL CHECK OF LANDING GEAR FREE–FALL SYSTEM,’’ is applicable to all Airbus SAS Model A330 airplanes fitted with FFA regardless of their part numbers. EASA AD 2019–0164 only affects airplanes fitted with landing gear FFA having certain part numbers specified in PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 appendixes 3, 4, and 5 of AOT A32L012–18. For the affected FFA, tables 1 and 2 of EASA AD 2019–0164 establish more restrictive compliance times, matching the compliance times specified in table 1 of Airbus SAS RIL LR32M18008932. These more restrictive compliance times have been established to prevent the failure of landing gear under freefall fitted with an affected FFA from the population of those manufactured in 1992 through 2005, inclusive. EASA AD 2019–0164 includes credit for compliance with Airbus A330 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 06, dated October 15, 2018, task 323000–00001– 1–C, ‘‘OPERATIONAL CHECK OF LANDING GEAR FREE–FALL SYSTEM.’’ Alignment of the compliance times for all affected FFAs installed on a specific airplane can be accomplished at the next inspection, using the required intervals. The FAA has not revised this SNPRM in this regard. Request To Require EASA AD 2019– 0164 as the Appropriate Service Information DAL requested that the FAA require EASA AD 2019–0164 as the appropriate service information for the actions proposed in the NPRM. DAL pointed out that EASA AD 2019–0164 expands the affected population of FFAs and that the FAA NPRM does not adequately address the unsafe condition without this new service information. The FAA agrees with the request to require EASA AD 2019–0164 as the appropriate service information for the actions proposed by this SNPRM. EASA AD 2019–0164 supersedes EASA AD 2019–0063, and includes additional affected FFAs and reduces compliance times. The FAA has revised this SNPRM accordingly. FAA’s Determination and Requirements of This SNPRM This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to a 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 agency 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. Certain changes described above expand the scope of the SNPRM. As a E:\FR\FM\21JAP1.SGM 21JAP1 3283 Federal Register / Vol. 85, No. 13 / Tuesday, January 21, 2020 / Proposed Rules result, the FAA has determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this SNPRM. Proposed AD Requirements This proposed AD would require accomplishing the actions specified in EASA AD 2019–0164 described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this proposed AD and except as discussed under ‘‘Differences Between this Proposed AD and the MCAI.’’ 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 use this process. As a result, EASA AD 2019–0164 will be incorporated by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2019–0164 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 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 proposed AD requirement is not limited to the section titled ‘‘Required Action(s) and Compliance Time(s)’’ in EASA AD 2019–0164. Service information specified in EASA AD 2019–0164 that is required for compliance with EASA AD 2019–0164 will be available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2019–0484 after the FAA final rule is published. Interim Action The FAA considers this proposed AD interim action. If final action is later identified, the FAA might consider further rulemaking then. Costs of Compliance The FAA estimates that this proposed AD affects 107 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 2 work-hours × $85 per hour = $170 .......................................................................................... $0 $170 $18,190 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 Labor cost Parts cost Cost per product 2 work-hours × $85 per hour = $170 ...................................................................................................................... $0 * $170 * The FAA has received no definitive data that would enable us to provide parts cost estimates for the on-condition replacements specified in this proposed AD. jbell on DSKJLSW7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 17:16 Jan 17, 2020 Jkt 250001 develop on products identified in this rulemaking action. This proposed AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to the Director of the System Oversight Division. 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 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 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) 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. E:\FR\FM\21JAP1.SGM 21JAP1 3284 Federal Register / Vol. 85, No. 13 / Tuesday, January 21, 2020 / Proposed Rules 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 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 (AD): ■ Airbus SAS: Docket No. FAA–2019–0484; Product Identifier 2019–NM–065–AD. (a) Comments Due Date The FAA must receive comments by March 6, 2020. (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. (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 the 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. jbell on DSKJLSW7X2PROD with PROPOSALS (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 2019–0164, dated July 11, 2019 (‘‘EASA AD 2019–0164’’). (h) Exceptions to EASA AD 2019–0164 (1) Where EASA AD 2019–0164 refers to its effective date or April 9, 2019 (the effective VerDate Sep<11>2014 17:16 Jan 17, 2020 Jkt 250001 date of EASA AD 2019–0063, dated March 26, 2019), this AD requires using the effective date of this AD. (2) The ‘‘Remarks’’ section of EASA AD 2019–0164 does not apply to this AD. (3) Where paragraph (3) of EASA AD 2019– 0164 specifies credit for certain tasks ‘‘provided the continuity test specified in AMM task A330–32–33–00–710–809, or AMM task A340–32–33–00–710–806, 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 2019–0164 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, International Section, Transport Standards 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 local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (k)(2) of this AD. Information may be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. 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 Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOAauthorized signature. (3) Required for Compliance (RC): For any service information referenced in EASA AD 2019–0164 that contains RC procedures and tests: Except as required by paragraph (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. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 (k) Related Information (1) For information about EASA AD 2019– 0164, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; phone: +49 221 89990 1000; 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. You may view this EASA AD at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. EASA AD 2019–0164 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. (2) For more information about this AD, contact Vladimir Ulyanov, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3229. Issued on January 3, 2020. John Piccola, Jr., Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2020–00449 Filed 1–17–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0800; Product Identifier 2005–NE–24–AD] RIN 2120–AA64 Airworthiness Directives; General Electric Company Turbofan Engines Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2005–23–09, which applies to all General Electric Company (GE) CF6– 80E1A1, –80E1A2, –80E1A3, –80E1A4, and –80E1A4/B model turbofan engines. AD 2005–23–09 requires initial and repetitive fluorescent-penetrant inspections (FPI) of certain areas of high-pressure compressor (HPC) cases, part number (P/N) 1509M97G07 and P/ N 2083M69G03. Since the FAA issued AD 2005–23–09, GE performed an updated lifing analysis on the HPC case. As a result, GE found additional locations on the cases requiring FPI, revised the inspection interval for performing FPI of the existing location, and added an additional P/N HPC case that requires inspection. This proposed AD would require an update of the Airworthiness Limitations Section (ALS) of GE Engine Manual GEK99376 SUMMARY: E:\FR\FM\21JAP1.SGM 21JAP1

Agencies

[Federal Register Volume 85, Number 13 (Tuesday, January 21, 2020)]
[Proposed Rules]
[Pages 3279-3284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00449]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0484; Product Identifier 2019-NM-065-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: The FAA is revising an earlier proposal for all Airbus SAS 
Model A330-200, A330-200 Freighter, A330-300, A340-200, A340-300, A340-
500, and A340-600 series airplanes. This action revises the notice of 
proposed rulemaking (NPRM) by including additional affected free fall 
actuators (FFAs) and reducing certain compliance times. The FAA is 
proposing this airworthiness directive (AD) to address the unsafe 
condition on these products. Since these actions would impose an 
additional burden over those in the NPRM, the FAA is reopening the 
comment period to allow the public the chance to comment on these 
changes.

DATES: The comment period for the NPRM published in the Federal 
Register on June 26, 2019 (84 FR 30055), is reopened.

[[Page 3280]]

    The FAA must receive comments on this proposed AD by March 6, 2020.

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 the material identified in this proposed AD that will be 
incorporated by reference (IBR), contact the European Union Aviation 
Safety Agency (EASA), Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +49 221 89990 1000; email: [email protected]; 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, Transport Standards 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 NPRM, the regulatory evaluation, 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, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3229.

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 the ADDRESSES section. Include ``Docket No. FAA-2019-0484; 
Product Identifier 2019-NM-065-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    The FAA issued an 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 26, 2019 (84 FR 30055). 
The NPRM 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 NPRM proposed to require repetitive tests 
of affected FFAs, and replacement of any affected FFA that fails a test 
with a serviceable FFA; as specified in EASA AD 2019-0063, dated March 
26, 2019 (``EASA AD 2019-0063'').

Actions Since the NPRM Was Issued

    Since the NPRM was issued, the FAA has determined that it is 
necessary to include additional affected FFAs and reduce certain 
compliance times.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0164, dated July 11, 2019 
(``EASA AD 2019-0164'') (referred to after this 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, A340-300, A340-500, and A340-600 series airplanes. 
Airbus SAS Model A340-542 and A340-643 airplanes are not certified by 
the FAA and are not included on the U.S. type certificate data sheet; 
this proposed AD therefore does not include those airplanes in the 
applicability. EASA AD 2019-0164 supersedes EASA AD 2019-0063. You may 
examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0484.
    This proposed AD was prompted by a report that an airplane failed 
to extend its NLG using the free fall method, due to the loss of the 
green hydraulic system. The FAA is proposing 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.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0164 describes procedures for repetitive tests of 
affected FFAs and replacement of any affected FFA that fails a test 
with a serviceable FFA. EASA AD 2019-0164 also describes procedures for 
an optional terminating action (replacement of all affected FFAs), 
which would terminate 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.

Comments

    The FAA gave the public the opportunity to participate in 
developing this proposed AD. The FAA has considered the comments 
received on the proposal; the following is the FAA's response to each 
comment.

Support for the NPRM

    Patrick Imperatrice expressed his support for the NPRM.

Request for Single Compliance Time

    Delta Air Lines (DAL) requested that the FAA change the compliance 
times specified in EASA AD 2019-0164 to a single compliance time: 
``Within 90 days after the effective date of this AD.'' DAL stated that 
there is no need for multiple compliance times regardless of the 
affected part and affected airplane. DAL pointed out that based on the 
date of manufacture, the Airbus SAS Model A330-200 and -300 fleet has 
been operating for approximately 14 years. DAL stated that the FFA is a 
secondary system, only utilized in the event of a green hydraulic 
failure, and that based on a single occurrence of the unsafe condition 
in-flight, the risk of a failure is relatively low. DAL also pointed 
out that changing the compliance times to a single compliance time 
would reduce risk for non-compliance due to test planning if an FFA 
from a different affected group is installed at different positions on 
the same airplane.

[[Page 3281]]

    The FAA disagrees with the request to change the compliance times 
to a single compliance time. The proposed changes would affect the 
entire fleet of Model A330 airplanes, and multiple operators. The 
compliance times specified in EASA AD 2019-0164 affect both FFAs that 
are not tested, and FFAs that are previously tested. Removing the 
compliance times for previously tested parts could put airplanes using 
those FFAs out of compliance. The FAA has determined that DAL has not 
provided enough justification to substantiate that the risk of a 
failure to the fleet should result in a change to the compliance times. 
The FAA has not changed this SNPRM in this regard.

Request for Different Compliance Intervals

    DAL requested that the FAA change the repetitive testing intervals 
from flight hours to flight cycles. DAL specified that the affected 
FFAs are operated only during takeoff and landing. DAL provided no 
further justification for the requested change.
    The FAA disagrees with the request to change the repetitive testing 
intervals from flight hours to flight cycles. The failure rate was 
originally calculated using flight hours, and the FAA has determined 
that it is appropriate to calculate the compliance time for repetitive 
testing intervals in flight hours, as specified in EASA AD 2019-0164. 
Converting the compliance times from flight hours to flight cycles in 
this SNPRM would necessitate obtaining additional information from EASA 
and Airbus to support these calculations, and could delay issuance of 
the final rule indefinitely. The FAA has not changed this SNPRM in this 
regard.

Request To Revise the Terminating Action Language

    DAL requested that the FAA revise the terminating action language 
to require replacement of an affected FFA, with a serviceable FFA that 
is not an affected FFA. DAL stated that revising the terminating action 
language would better support the Part(s) Installation paragraph 
specified in EASA AD 2019-0164 that prohibits installation of affected 
FFAs on any airplane from the effective date of EASA AD 2019-0164. DAL 
pointed out that the ``Solution'' section of Airbus SAS Retrofit 
Information Letter (RIL) LR32M18008932, states that ``Any FFA PN [part 
number] AR02404 that fails the operational test will be upgraded into 
PN TY3409-01A according to Triumph SB [service bulletin] AR02404-32-
L3409-1.'' DAL mentioned that Triumph SB AR02404-32-L3409-1 specifies 
reinforcement of affected FFAs with support rings to avoid magnet 
detachment.
    The FAA disagrees with the request to revise the terminating action 
language to require replacement of an affected FFA with a serviceable 
FFA that is not an affected FFA. EASA AD 2019-0164 conclusively 
specifies what constitutes a ``serviceable part,'' as well as an 
``affected part'' in the ``Definitions'' section. The FAA has 
determined that the Terminating Action and Part(s) Installation 
paragraphs of EASA AD 2019-0164 do not conflict and do not require 
revision. The FAA has not changed this SNPRM in this regard.

Request for Credit for Actions Accomplished Prior to the AD Effective 
Date

    DAL requested that the FAA provide credit for accomplishing the 
actions specified in paragraph (g) of the proposed AD prior to the AD 
effective date. DAL provided no further justification for the request.
    The FAA acknowledges the commenter's request and agrees to clarify. 
Paragraph (f) of this proposed AD states to accomplish the required 
actions within the compliance times specified, ``unless already done.'' 
Therefore, if operators have accomplished the actions required for 
compliance with this AD before the effective date of this AD, no 
further action is necessary. The FAA has not revised this SNPRM in this 
regard.

Request for Deviations to Triumph Reference Material (Referenced in 
Airbus Alert Operators Transmission (AOT) A32L012-18 (``AOT A32L012-
18''))

    DAL requested that the FAA include deviations to Triumph Service 
Bulletin AR02404-32-L3409-1, dated February 21, 2011 (referenced in AOT 
A32L012-18). DAL cited numerous typographical errors in various 
sections of Triumph Service Bulletin AR02404-32-L3409-1, dated February 
21, 2011. DAL mentioned that a comment with the same request was 
acknowledged in EASA Proposed AD (PAD) No. 19-092, dated May 23, 2019 
(closed for comments on June 20, 2019) (``EASA PAD No. 19-092''), but 
also pointed out that no change was made to EASA AD 2019-0164 once it 
was published.
    The FAA disagrees with the request to include deviations to Triumph 
Service Bulletin AR02404-32-L3409-1, dated February 21, 2011. Note 1 of 
AOT A32L012-18 refers to Triumph Service Bulletin AR02404-32-L3409-1, 
dated February 21, 2011, to provide clarification that after the 
embodiment of Triumph Service Bulletin AR02404-32-L3409-1, dated 
February 21, 2011, the actuator part number is changed and is no longer 
affected. The proposed changes do not specifically facilitate or 
prevent the accomplishment of the required actions specified in EASA AD 
2019-0164. EASA has communicated the requested corrections to Airbus, 
which can contact Triumph accordingly. The FAA has not revised this 
SNPRM in this regard.

Request To Require Only Paragraph 4.2.2, Inspection Requirements, of 
AOT A32L012-18

    DAL requested that the FAA revise the NPRM to require only 
paragraph 4.2.2, Inspection Requirements, of AOT A32L012-18. DAL 
mentioned that a comment with the same request was acknowledged in EASA 
PAD No. 19-092, but also pointed out that no change was made to EASA AD 
2019-0164 once it was published. DAL provided no further justification.
    The FAA disagrees with the request to require only paragraph 4.2.2, 
Inspection Requirements, of AOT A32L012-18. The FAA is requiring 
accomplishment of EASA AD 2019-0164, which requires affected operators 
to resolve the unsafe condition by accomplishing the actions specified 
in AOT A32L012-18. As EASA noted in EASA PAD No. 19-092, it did not 
consider it necessary to point to paragraph 4.2.2, as it is obvious the 
actions are to be accomplished using the instructions in paragraph 
4.2.2. The FAA has not revised this SNPRM in this regard.

Request To Revise the Aircraft Maintenance Manual (AMM) Based on AOT 
A32L012-18

    DAL requested that various sections of the AMM be revised to 
include information specified in AOT A32L012-18. DAL mentioned that a 
comment with the same request was acknowledged in EASA PAD No. 19-092, 
but also pointed out that no revision to the AMM has been published. 
DAL provided no further justification.
    The FAA acknowledges the request to revise various sections of the 
AMM based on AOT A32L012-18. However, the FAA does not control the 
revision schedule of the Airbus AMM. Additionally, the FAA is requiring 
accomplishment of EASA AD 2019-0164, which requires affected operators 
to resolve the unsafe condition by accomplishing the actions specified 
in AOT A32L012-18. The AMM is not required by this SNPRM or EASA AD 
2019-0164 to accomplish the required

[[Page 3282]]

actions. The FAA has not revised this SNPRM in this regard.

Request To Specify Requirements or Special Instructions for a Special 
Tool

    DAL requested the FAA require inspection of special tool Control 
Unit-Leg Free Fall Actuator, part number 97F32001001000 prior to use; 
or that operators be notified that during a mock-up for EASA AD 2019-
0063 (superseded by EASA AD 2019-0164), DAL observed that the labels A 
and B on special tool Control Unit-Leg Free Fall Actuator, part number 
97F32001001000, were reversed. DAL mentioned that a comment with the 
same request was acknowledged in EASA PAD No. 19-092, but also pointed 
out that no information, instructions, or requirements have been 
communicated regarding special tool Control Unit-Leg Free Fall 
Actuator, part number 97F32001001000. DAL provided no further 
justification.
    The FAA disagrees with the request to include additional 
requirements or special instructions for special tool Control Unit-Leg 
Free Fall Actuator, part number 97F32001001000. However, the FAA agrees 
that clarification is necessary. The proposed changes do not 
specifically facilitate or prevent the accomplishment of the required 
actions specified in EASA AD 2019-0164. EASA has communicated the 
requested corrections to Airbus and any further communication regarding 
these issues should come from Airbus. The FAA has not revised this 
SNPRM in this regard.

Request To Include an Alternate Cotter Pin Part Number

    DAL requested that the FAA specify an alternate cotter pin, part 
number MS24665-151, instead of part number MS24665-153, as specified in 
the Airbus A330 Illustrated Parts Catalog (IPC). DAL mentioned that a 
comment with the same request was acknowledged in EASA PAD No. 19-092, 
but also pointed out that no information, instructions, or requirements 
have been communicated regarding an alternate cotter pin as specified 
in the Airbus A330 IPC. DAL provided no further justification.
    The FAA disagrees with the request to include specification for an 
alternate cotter pin, part number MS24665-151, instead of part number 
MS24665-153. The proposed changes do not specifically facilitate or 
prevent the accomplishment of the required actions specified in EASA AD 
2019-0164. EASA has communicated the requested corrections to Airbus 
and any further communication regarding these issues should come from 
Airbus. The FAA has not revised this SNPRM in this regard.

Request To Review and Clarify Requirements of FFA Operational Check

    DAL requested that the FAA review and clarify the requirements of 
the FFA operational check. DAL pointed out that, in the NPRM (84 FR 
32661, July 9, 2019) for AD 2019-21-02, Amendment 39-19768 (84 FR 
57313, October 25, 2019) (``AD 2019-21-02''), the FAA proposed to 
revise the existing maintenance program to incorporate Airbus A330 
Airworthiness Limitations Section (ALS) Part 3, Certification 
Maintenance Requirements (CMR), Revision 06, dated October 15, 2018. AD 
2019-21-02 specifies that accomplishing the actions terminates the 
requirements of AD 2016-26-05, Amendment 39-18763 (82 FR 1170, January 
5, 2017) (``AD 2016-26-05''). DAL also mentioned that it has received 
an alternative method of compliance (AMOC) for AD 2016-26-05: FAA AMOC 
AIR-676-19-016, dated November 2, 2018, which approves incorporation of 
Maintenance Review Board Report (MRBR) Task 32.30.00/08 into the DAL 
maintenance program at Airbus A330 Airworthiness Limitations Section 
(ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 
06, dated October 15, 2018. DAL specified that the 3,400 FH interval 
requirement specified in MRBR Task 32.30.00/08 conflicts with the 
requirements of Airbus SAS Retrofit Information Letter (RIL) 
LR32M18008932.
    The FAA agrees that clarification is necessary. FAA AD 2019-21-02, 
which corresponds with EASA AD 2019-0049, dated March 11, 2019, 
mandates revising the existing maintenance program to include Airbus 
A330 Airworthiness Limitations Section (ALS) Part 3, Certification 
Maintenance Requirements (CMR), Revision 06, dated October 15, 2018. 
Airbus A330 Airworthiness Limitations Section (ALS) Part 3, 
Certification Maintenance Requirements (CMR), Revision 06, dated 
October 15, 2018, contains task 323000-00001-1-C ``OPERATIONAL CHECK OF 
LANDING GEAR FREE-FALL SYSTEM'' to be performed every 3,400 FH. Task 
323000-00001-1-C, ``OPERATIONAL CHECK OF LANDING GEAR FREE-FALL 
SYSTEM,'' is applicable to all Airbus SAS Model A330 airplanes fitted 
with FFA regardless of their part numbers. EASA AD 2019-0164 only 
affects airplanes fitted with landing gear FFA having certain part 
numbers specified in appendixes 3, 4, and 5 of AOT A32L012-18.
    For the affected FFA, tables 1 and 2 of EASA AD 2019-0164 establish 
more restrictive compliance times, matching the compliance times 
specified in table 1 of Airbus SAS RIL LR32M18008932. These more 
restrictive compliance times have been established to prevent the 
failure of landing gear under freefall fitted with an affected FFA from 
the population of those manufactured in 1992 through 2005, inclusive. 
EASA AD 2019-0164 includes credit for compliance with Airbus A330 
Airworthiness Limitations Section (ALS) Part 3, Certification 
Maintenance Requirements (CMR), Revision 06, dated October 15, 2018, 
task 323000-00001-1-C, ``OPERATIONAL CHECK OF LANDING GEAR FREE-FALL 
SYSTEM.'' Alignment of the compliance times for all affected FFAs 
installed on a specific airplane can be accomplished at the next 
inspection, using the required intervals. The FAA has not revised this 
SNPRM in this regard.

Request To Require EASA AD 2019-0164 as the Appropriate Service 
Information

    DAL requested that the FAA require EASA AD 2019-0164 as the 
appropriate service information for the actions proposed in the NPRM. 
DAL pointed out that EASA AD 2019-0164 expands the affected population 
of FFAs and that the FAA NPRM does not adequately address the unsafe 
condition without this new service information.
    The FAA agrees with the request to require EASA AD 2019-0164 as the 
appropriate service information for the actions proposed by this SNPRM. 
EASA AD 2019-0164 supersedes EASA AD 2019-0063, and includes additional 
affected FFAs and reduces compliance times. The FAA has revised this 
SNPRM accordingly.

FAA's Determination and Requirements of This SNPRM

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to a 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 agency 
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.
    Certain changes described above expand the scope of the SNPRM. As a

[[Page 3283]]

result, the FAA has determined that it is necessary to reopen the 
comment period to provide additional opportunity for the public to 
comment on this SNPRM.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0164 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed AD and the MCAI.''

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 use this process. As a result, EASA AD 2019-0164 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0164 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 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 
proposed AD requirement is not limited to the section titled ``Required 
Action(s) and Compliance Time(s)'' in EASA AD 2019-0164. Service 
information specified in EASA AD 2019-0164 that is required for 
compliance with EASA AD 2019-0164 will be available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0484 after the FAA final rule is published.

Interim Action

    The FAA considers this proposed AD interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD affects 107 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work[dash]hours x $85 per hour = $170......................              $0             $170          $18,190
----------------------------------------------------------------------------------------------------------------

    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 us to
  provide parts cost estimates for the on-condition replacements
  specified in this proposed 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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes and associated appliances to the 
Director of the System Oversight Division.

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) 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.

[[Page 3284]]

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 (AD):

Airbus SAS: Docket No. FAA-2019-0484; Product Identifier 2019-NM-
065-AD.

(a) Comments Due Date

    The FAA must receive comments by March 6, 2020.

(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.

(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 the 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 
2019-0164, dated July 11, 2019 (``EASA AD 2019-0164'').

(h) Exceptions to EASA AD 2019-0164

    (1) Where EASA AD 2019-0164 refers to its effective date or 
April 9, 2019 (the effective date of EASA AD 2019-0063, dated March 
26, 2019), this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0164 does not apply 
to this AD.
    (3) Where paragraph (3) of EASA AD 2019-0164 specifies credit 
for certain tasks ``provided the continuity test specified in AMM 
task A330-32-33-00-710-809, or AMM task A340-32-33-00-710-806, 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 2019-0164 
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, 
International Section, Transport Standards 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (k)(2) 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 
Section, Transport Standards 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 2019-0164 that contains RC procedures and 
tests: Except as required by paragraph (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

    (1) For information about EASA AD 2019-0164, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 89990 
1000; email: [email protected]; 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 EASA AD at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195. EASA AD 2019-0164 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.
    (2) For more information about this AD, contact Vladimir 
Ulyanov, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3229.

    Issued on January 3, 2020.
John Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2020-00449 Filed 1-17-20; 8:45 am]
 BILLING CODE 4910-13-P

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