Airworthiness Directives; Airbus SAS Airplanes, 31083-31085 [2020-10978]
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Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0456; Product
Identifier 2020–NM–053–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Airbus SAS Model A330–202,
–203, –223, –243, –301, –321, –322,
–323, –341, –342, and –343 airplanes;
and Model A340–200 and –300 series
airplanes. This proposed AD was
prompted by a report indicating that the
allowable load limits on the vertical tail
plane could be reached and possibly
exceeded in cases of multiple rudder
doublet inputs. This proposed AD
would require upgrading the flight
control data concentrator (FCDC),
associated flight control primary
computer (FCPC), and flight warning
computer (FWC), and activation of the
stop rudder input aural warning (SRIW)
device, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which will be incorporated 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 July 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 EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
89990 1000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
SUMMARY:
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16:20 May 21, 2020
Jkt 250001
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0456.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0456; 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.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3229; email
vladimir.ulyanov@faa.gov.
SUPPLEMENTARY INFORMATION:
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–2020–0456; Product
Identifier 2020–NM–053–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 the
FAA receives, 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 the FAA receives about this
NPRM.
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0077, dated March 31, 2020
(‘‘EASA AD 2020–0077’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
31083
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A330–
202, –203, –223, –243, –301, –321, –322,
–323, –341, –342, and –343 airplanes;
and Model A340–211, –212, –213, –311,
–312, and –313 airplanes.
This proposed AD was prompted by
a report indicating that the allowable
load limits on the vertical tail plane
could be reached and possibly exceeded
in cases of multiple rudder doublet
inputs. The FAA is proposing this AD
to address cases of multiple rudder
doublet inputs, which could lead to
excessive loads on the vertical tail plane
and a subsequent loss of control of the
airplane. See the MCAI for additional
background information.
Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0077 describes
procedures for upgrading the FCDC,
associated FCPC, and FWC, and
activation of the SRIW device. 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 2020–0077 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
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Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Proposed Rules
and civil aviation authorities (CAAs) to
use this process. As a result, EASA AD
2020–0077 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2020–0077
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 AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in the EASA AD. Service
information specified in EASA AD
2020–0077 that is required for
compliance with EASA AD 2020–0077
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0456 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 10 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
Up to 10 work-hours × $85 per hour = $850 .................
Up to $31,038 .............................
Up to $31,888 .............................
Up to $318,880.
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) 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.
VerDate Sep<11>2014
16:20 May 21, 2020
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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
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–2020–0456;
Product Identifier 2020–NM–053–AD.
(a) Comments Due Date
The FAA must receive comments by July
6, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS airplanes
identified in paragraphs (c)(1) through (4) of
this AD, certificated in any category, as
identified in European Union Aviation Safety
Agency (EASA) AD 2020–0077, dated March
31, 2020 (‘‘EASA AD 2020–0077’’).
(1) Model A330–202, –203, –223, and –243
airplanes.
(2) Model A330–301, –321, –322, –323,
–341, –342, and –343 airplanes.
(3) Model A340–211, –212, and –213
airplanes.
(4) Model A340–311, –312, and –313
airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 27, Flight Controls.
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
(e) Reason
This AD was prompted by a report
indicating that the allowable load limits on
the vertical tail plane could be reached and
possibly exceeded in cases of multiple
rudder doublet inputs. The FAA is issuing
this AD to address cases of multiple rudder
doublet inputs, which could lead to
excessive loads on the vertical tail plane and
a subsequent 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, EASA AD 2020–0077.
(h) Exceptions to EASA AD 2020–0077
(1) Where EASA AD 2020–0077 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0077 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 local Flight Standards
District 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: 9-ANM-116AMOC-REQUESTS@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
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Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Proposed Rules
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2020–0077 that contains RC procedures and
tests: Except as required by paragraph (i)(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.
(j) Related Information
(1) For information about EASA AD 2020–
0077, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 89990 6017; 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
material at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195. This
material may be found in the AD docket on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2020–0456.
(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
vladimir.ulyanov@faa.gov.
Rule’’ or the ‘‘Rule’’). The Commission
is soliciting comment as part of the
FTC’s systematic review of all current
Commission regulations and guides.
DATES: Written comments must be
received on or before August 20, 2020.
ADDRESSES: Interested parties may file a
comment online or on paper by
following the Request for Comment part
of the SUPPLEMENTARY INFORMATION
section below. Write ‘‘Health Breach
Notification Rule, 16 CFR part 318,
Project No. P205405,’’ on your comment
and file your comment online at https://
www.regulations.gov by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, mail your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Suite
CC–5610 (Annex B), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW,
5th Floor, Suite 5610 (Annex B),
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Elisa Jillson (202–326–3001), Division of
Privacy and Identity Protection, Bureau
of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
I. Background
Federal Trade Commission.
Regulatory review; request for
public comment.
The Commission typically reviews its
rules every ten years to ensure that the
rules have kept up with changes in the
marketplace, technology, and business
models.1 The Commission issued the
HBN Rule in 2009, and companies were
subject to enforcement beginning in
2010. The Commission now requests
comment on the HBN Rule, including
the costs and benefits of the Rule, and
whether particular sections should be
retained, eliminated, or modified. All
interested persons are hereby given
notice of the opportunity to submit
written data, views, and arguments
concerning the Rule.
The HBN Rule, issued pursuant to
section 13407 of the American Recovery
and Reinvestment Act of 2009
(‘‘Recovery Act’’ or ‘‘the Act’’),2 became
effective on August 25, 2009,3 and
companies were subject to FTC
enforcement beginning on February 22,
2010. Section 13407 of the Recovery Act
created certain protections for ‘‘personal
health records’’ or ‘‘PHRs,’’ electronic
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
requests public comment on its Health
Breach Notification Rule (the ‘‘HBN
1 See current ten-year schedule for review of FTC
rules and guides at 85 FR 20889 (Apr. 15, 2020).
2 Public Law 111–5, 123 Stat. 115 (2009).
3 74 FR 42962 (Aug. 25, 2009).
Issued on May 15, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–10978 Filed 5–21–20; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 318
Health Breach Notification
AGENCY:
ACTION:
SUMMARY:
VerDate Sep<11>2014
16:20 May 21, 2020
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31085
records of identifiable health
information that can be drawn from
multiple sources and that are managed,
shared, and controlled by or primarily
for the individual. Specifically, the
Recovery Act recognized that vendors of
personal health records and PHR related
entities (i.e., companies that offer
products and services through PHR
websites or access information in or
send information to PHRs) were
collecting consumers’ health
information but were not subject to the
privacy and security requirements of the
Health Insurance Portability and
Accountability Act (‘‘HIPAA’’).4 The
Recovery Act directed the FTC to issue
a rule requiring these entities, and their
third-party service providers, to provide
notification of any breach of unsecured
individually identifiable health
information. Accordingly, the HBN Rule
requires vendors of PHRs and PHR
related entities to provide: (1) Notice to
consumers whose unsecured
individually identifiable health
information has been breached; (2)
notice to the media, in many cases; and
(3) notice to the Commission. The Rule
also requires third party service
providers (i.e., those companies that
provide services such as billing or data
storage) to vendors of PHRs and PHR
related entities to provide notification to
such vendors and entities following the
discovery of a breach.
The Rule requires notice ‘‘without
unreasonable delay and in no case later
than 60 calendar days’’ after discovery
of a data breach. If the breach affects 500
or more individuals, notice to the FTC
must be provided ‘‘as soon as possible
and in no case later than ten business
days’’ after discovery of the breach. The
FTC makes available a standard form for
companies to use to notify the
Commission of a breach.5 The FTC posts
a list of breaches involving 500 or more
individuals on its website.6 This list
only includes two breaches, because the
Commission has predominantly
received notices about breaches
affecting fewer than 500 individuals.
Importantly, the Rule does not apply
to health information secured through
technologies specified by the
Department of Health and Human
Services (‘‘HHS’’) and it does not apply
to businesses or organizations covered
by HIPAA. HIPAA-covered entities and
4 Health Insurance Portability & Accountability
Act, Public Law 104–191, 110 Stat. 1936 (1996).
5 Notice of Breach of Health Information, https://
www.ftc.gov/system/files/documents/plainlanguage/2017_5_2_breach_notification_form.pdf.
6 Breach Notices Received by the FTC, https://
www.ftc.gov/system/files/documents/plainlanguage/draft_breach_notices_received_by_ftc_
2015.pdf.
E:\FR\FM\22MYP1.SGM
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Agencies
[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Proposed Rules]
[Pages 31083-31085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10978]
[[Page 31083]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0456; Product Identifier 2020-NM-053-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A330-202, -203, -223, -243, -301, -321, -
322, -323, -341, -342, and -343 airplanes; and Model A340-200 and -300
series airplanes. This proposed AD was prompted by a report indicating
that the allowable load limits on the vertical tail plane could be
reached and possibly exceeded in cases of multiple rudder doublet
inputs. This proposed AD would require upgrading the flight control
data concentrator (FCDC), associated flight control primary computer
(FCPC), and flight warning computer (FWC), and activation of the stop
rudder input aural warning (SRIW) device, as specified in a European
Union Aviation Safety Agency (EASA) AD, which will be incorporated 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 July 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 EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +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, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0456.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0456; 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. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229;
email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0456;
Product Identifier 2020-NM-053-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 the FAA receives, 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 the FAA receives about this NPRM.
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0077, dated March 31, 2020
(``EASA AD 2020-0077'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A330-202, -203, -223, -243, -
301, -321, -322, -323, -341, -342, and -343 airplanes; and Model A340-
211, -212, -213, -311, -312, and -313 airplanes.
This proposed AD was prompted by a report indicating that the
allowable load limits on the vertical tail plane could be reached and
possibly exceeded in cases of multiple rudder doublet inputs. The FAA
is proposing this AD to address cases of multiple rudder doublet
inputs, which could lead to excessive loads on the vertical tail plane
and a subsequent loss of control of the airplane. See the MCAI for
additional background information.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0077 describes procedures for upgrading the FCDC,
associated FCPC, and FWC, and activation of the SRIW device. 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 2020-0077 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers
[[Page 31084]]
and civil aviation authorities (CAAs) to use this process. As a result,
EASA AD 2020-0077 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with EASA
AD 2020-0077 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 AD requirement is not limited to the section titled
``Required Action(s) and Compliance Time(s)'' in the EASA AD. Service
information specified in EASA AD 2020-0077 that is required for
compliance with EASA AD 2020-0077 will be available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0456 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 10 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
----------------------------------------------------------------------------------------------------------------
Up to 10 work-hours x $85 per hour Up to $31,038......... Up to $31,888......... Up to $318,880.
= $850.
----------------------------------------------------------------------------------------------------------------
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) 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.
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-2020-0456; Product Identifier 2020-NM-
053-AD.
(a) Comments Due Date
The FAA must receive comments by July 6, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS airplanes identified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2020-
0077, dated March 31, 2020 (``EASA AD 2020-0077'').
(1) Model A330-202, -203, -223, and -243 airplanes.
(2) Model A330-301, -321, -322, -323, -341, -342, and -343
airplanes.
(3) Model A340-211, -212, and -213 airplanes.
(4) Model A340-311, -312, and -313 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Controls.
(e) Reason
This AD was prompted by a report indicating that the allowable
load limits on the vertical tail plane could be reached and possibly
exceeded in cases of multiple rudder doublet inputs. The FAA is
issuing this AD to address cases of multiple rudder doublet inputs,
which could lead to excessive loads on the vertical tail plane and a
subsequent 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, EASA AD 2020-0077.
(h) Exceptions to EASA AD 2020-0077
(1) Where EASA AD 2020-0077 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0077 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 local Flight
Standards District 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: [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
[[Page 31085]]
from a manufacturer, the instructions must be accomplished using a
method approved by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or EASA; or Airbus SAS's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
(3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0077 that contains RC procedures and
tests: Except as required by paragraph (i)(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.
(j) Related Information
(1) For information about EASA AD 2020-0077, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; 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 material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0456.
(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 [email protected].
Issued on May 15, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-10978 Filed 5-21-20; 8:45 am]
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