Airworthiness Directives; Airbus SAS Airplanes, 39110-39113 [2020-14018]
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Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Proposed Rules
date of Requirements Bulletin 747–57A2363
RB,’’ this AD requires using ‘‘the effective
date of this AD.’’
(2) Where Boeing Alert Requirements
Bulletin 747–57A2363 RB, dated December
23, 2019, specifies contacting Boeing for
repair instructions: This AD requires doing
the repair before further flight using a
method approved in accordance with the
procedures specified in paragraph (i) of this
AD.
(i) Alternative Methods of Compliance
(AMOCs)
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(j) Related Information
(1) For more information about this AD,
contact Eric Lin, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA
98198; phone and fax: 206–231–3523; email:
eric.lin@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet https://
www.myboeingfleet.com. You may view this
referenced service information 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.
[FR Doc. 2020–13973 Filed 6–29–20; 8:45 am]
BILLING CODE 4910–13–P
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0484; Product
Identifier 2020–NM–051–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
(1) The Manager, Seattle ACO 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 manager of the
certification office, send it to the attention of
the person identified in paragraph (j)(1) of
this AD. Information may be emailed to: 9ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(2) 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.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Seattle ACO Branch, FAA, to make
those findings. To be approved, the repair
method, modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
Issued on June 15, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
DEPARTMENT OF TRANSPORTATION
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus SAS Model A330–200, A330–
200 Freighter, A330–300, A340–200,
A340–300, A340–500, and A340–600
series airplanes. This proposed AD was
prompted by a report that an airplane
failed to extend its nose landing gear
(NLG) using the free fall method, due to
loss of the green hydraulic system. This
proposed AD would require repetitive
tests of affected free fall actuators (FFA),
and replacement of any affected FFA
with a serviceable FFA, as specified in
a European Union Aviation Safety
Agency (EASA) AD, which 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 August 14,
2020.
SUMMARY:
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For material incorporated by reference
(IBR) in this AD, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
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, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
ADDRESSES:
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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, 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–2019–0484; Product
Identifier 2020–NM–051–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
2020–0076, dated March 30, 2020
(‘‘EASA AD 2020–0076’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all Airbus SAS Model A330–200,
A330–200 Freighter, A330–300, A340–
200, and A340–300 series airplanes;
Model A340–541 and –542 airplanes,
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Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Proposed Rules
and Model A340–642 and –643
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.
This proposed AD was prompted by
a report that an airplane failed to extend
its NLG using the free fall method, due
to loss of the green hydraulic system.
Investigation results identified that the
magnets on certain FFAs were found
detached on both electrical motors. 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.
The FAA issued a related NPRM and
supplemental NPRM (SNPRM) that
proposed 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 related NPRM
published in the Federal Register on
June 26, 2019 (84 FR 30055). The related
SNPRM published in the Federal
Register on January 21, 2020 (85 FR
3279). The related NPRM and SNPRM
were also prompted by a report that an
airplane failed to extend its NLG using
the free fall method, due to loss of the
green hydraulic system. Since the
related SNPRM was issued, Airbus and
the FAA determined that any affected
FFA must be replaced. In light of these
changes, the FAA has withdrawn the
related SNPRM as of June 8, 2020 (85 FR
34655), which intended to also
withdraw the proposals in the NPRM
published on June 26, 2019 (84 FR
30055). The FAA is now issuing this
new NPRM for public comment.
Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0076 describes
procedures for repetitive tests of
affected FFAs and replacement of any
affected FFA that fails a test with a
serviceable FFA. EASA AD 2020–0076
also describes procedures for
replacement of all affected FFAs, which
terminates the repetitive tests. This
material is reasonably available because
the interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
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 2020–0076 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD.
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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
2020–0076 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2020–0076
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
2020–0076 that is required for
compliance with EASA AD 2020–0076
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.
Costs of Compliance
The FAA estimates that this proposed
AD affects 113 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
4 work-hours × $85 per hour = $340 ..........................................................................................
$0*
$340
$38,420
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* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the replacements specified in this
proposed AD.
The FAA estimates the following
costs to do any necessary on-condition
actions that would be required based on
the results of any required actions. The
FAA has no way of determining the
number of aircraft that might need these
on-condition actions:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
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 the agency to provide parts cost estimates for the on-condition replacements
specified in this proposed AD.
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Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Proposed Rules
§ 39.13
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.
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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.
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[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Airbus SAS: Docket No. FAA–2019–0484;
Product Identifier 2020–NM–051–AD.
(a) Comments Due Date
The FAA must receive comments by
August 14, 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 loss
of the green hydraulic system. The FAA is
issuing this AD to address detached magnets
on both electrical motors of the free fall
actuators (FFAs), which could prevent
landing gear extension by the free fall
method, possibly resulting in loss of control
of the airplane after landing.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2020–0076, dated
March 30, 2020 (‘‘EASA AD 2020–0076’’).
(h) Exceptions to EASA AD 2020–0076
(1) Where EASA AD 2020–0076 refers to its
effective date or the effective date of EASA
AD 2019–0063 or the effective date of EASA
AD 2019–0164, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0076 does not apply to this AD.
(3) Where paragraph (3) of EASA AD 2020–
0076 specifies credit for certain tasks
‘‘provided the continuity test specified in
A330 AMM [Aircraft Maintenance Manual]
task 32–33–00–710–809, or A340 AMM task
32–33–00–710–806, as applicable, is
accomplished concurrently,’’ this AD
provides credit ‘‘provided the continuity test
is accomplished concurrently in accordance
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with the instructions of an FAA-approved
maintenance or inspection program.’’
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2020–0076 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or 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 (k)(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
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2020–0076 that contains RC procedures and
tests: Except as required by 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 2020–
0076, 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
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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, 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.
Issued on June 23, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF LABOR
Background
Employee Benefits Security
Administration
The proposed regulations that are the
subject of this correction are under
section 45Q of the Internal Revenue
Code.
Need for Correction
As published, the notice of proposed
rulemaking (REG–112339–19) contains
errors that needs to be corrected.
Correction of Publication
[FR Doc. 2020–14018 Filed 6–29–20; 8:45 am]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–112339–19]
RIN 1545–BP42
Credit for Carbon Oxide Sequestration;
Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to a notice of
proposed rulemaking.
AGENCY:
This document contains a
correction to a notice of proposed
rulemaking that was published in the
Federal Register on June 2, 2020. The
proposed regulations regarding the
credit for carbon oxide sequestration
under section 45Q of the Internal
Revenue Code (Code).
DATES: Written or electronic comments
and requests for a public hearing are
still being accepted and must be
received by August 3, 2020.
ADDRESSES: Send submissions to
Internal Revenue Service, CC:PA:
LPD:PR (REG–112339–19), Room 5205,
P.O. Box 7604, Ben Franklin Station,
Washington, DC 20044. Submission of
comments electronically is strongly
suggested, as the ability to respond to
mail may be delayed. It is recommended
that comments and requests for a public
hearing be submitted electronically via
the Federal eRulemaking Portal at
https://www.regulations.gov (IRS REG–
112339–19).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Maggie Stehn of the Office of Associate
Chief Counsel (Passthroughs & Special
Industries) at (202) 317–6853;
concerning submissions of comments
and/or requests for a public hearing,
Regina L. Johnson at (202) 317–5177
(not toll-free numbers).
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SUMMARY:
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Accordingly, the notice of proposed
rulemaking (REG–112339–19) that was
the subject of FR Doc.2020–11907,
published at 85 FR 34050 (June 2, 2020),
is corrected as follows:
1. On page 34058, third column, the
ninth line of the fourth paragraph, the
language ‘‘date the’’ is corrected to read
‘‘date of’’.
2. On page 34061, first column, the
sixth line from the bottom from the first
partial paragraph, the language ‘‘three
years’’ is corrected to read ‘‘five years.’’
3. On page 34062, first column, the
eleventh through the twelfth lines of the
first full paragraph, the language
‘‘section 45Q(f)(3)(B)’’ is corrected to
read ‘‘new election’’.
4. On page 34062, the first column,
the fifth through the sixth lines from the
bottom of the last paragraph, the
language ‘‘after the date of issuance of
this proposed regulation’’ is corrected to
read ‘‘after June 2, 2020.’’.
5. On page 34062, second column, the
thirteenth through the fourteenth lines
from the bottom of the first full
paragraph, the language ‘‘before the date
of issuance of this proposed regulation’’
is corrected to read ‘‘before June 2,
2020’’.
6. On page 34062, third column, the
sixth line from the bottom of the first
full paragraph, the language ‘‘F Federal’’
is corrected to read ‘‘Federal’’.
7. On page 34063, third column, the
second line from the bottom of the first
full paragraph, the language ‘‘serval’’ is
corrected to read ‘‘several’’.
Martin V. Franks,
Branch Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel (Procedure and
Administration).
[FR Doc. 2020–14033 Filed 6–29–20; 8:45 am]
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39113
29 CFR Part 2550
RIN 1210–AB95
Financial Factors in Selecting Plan
Investments
Employee Benefits Security
Administration, Department of Labor
ACTION: Proposed rule.
AGENCY:
The Department of Labor
(Department) in this document proposes
amendments to the ‘‘Investment duties’’
regulation under Title I of the Employee
Retirement Income Security Act of 1974,
as amended (ERISA), to confirm that
ERISA requires plan fiduciaries to select
investments and investment courses of
action based solely on financial
considerations relevant to the riskadjusted economic value of a particular
investment or investment course of
action.
SUMMARY:
Comments on the proposal must
be submitted on or before July 30, 2020.
ADDRESSES: You may submit written
comments, identified by RIN 1210–
AB95 to either of the following
addresses:
D Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
D Mail: Office of Regulations and
Interpretations, Employee Benefits
Security Administration, Room N–5655,
U.S. Department of Labor, 200
Constitution Avenue NW, Washington,
DC 20210, Attention: Financial Factors
in Selecting Plan Investments Proposed
Regulation.
Instructions: All submissions received
must include the agency name and
Regulatory Identifier Number (RIN) for
this rulemaking. Persons submitting
comments electronically are encouraged
not to submit paper copies. Comments
will be available to the public, without
charge, online at www.regulations.gov
and www.dol.gov/agencies/ebsa and at
the Public Disclosure Room, Employee
Benefits Security Administration, Suite
N–1513, 200 Constitution Avenue NW,
Washington, DC 20210.
Warning: Do not include any
personally identifiable or confidential
business information that you do not
want publicly disclosed. Comments are
public records posted on the internet as
received and can be retrieved by most
internet search engines.
FOR FURTHER INFORMATION CONTACT:
Jason A. DeWitt, Office of Regulations
and Interpretations, Employee Benefits
DATES:
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]]>Agencies
[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Proposed Rules]
[Pages 39110-39113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14018]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0484; Product Identifier 2020-NM-051-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A340-
200, A340-300, A340-500, and A340-600 series airplanes. This proposed
AD was prompted by a report that an airplane failed to extend its nose
landing gear (NLG) using the free fall method, due to loss of the green
hydraulic system. This proposed AD would require repetitive tests of
affected free fall actuators (FFA), and replacement of any affected FFA
with a serviceable FFA, as specified in a European Union Aviation
Safety Agency (EASA) AD, which 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 August 14,
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 material incorporated by reference (IBR) in this AD, 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-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, 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-2019-0484;
Product Identifier 2020-NM-051-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 2020-0076, dated March 30, 2020
(``EASA AD 2020-0076'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A330-200, A330-200 Freighter, A330-
300, A340-200, and A340-300 series airplanes; Model A340-541 and -542
airplanes,
[[Page 39111]]
and Model A340-642 and -643 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.
This proposed AD was prompted by a report that an airplane failed
to extend its NLG using the free fall method, due to loss of the green
hydraulic system. Investigation results identified that the magnets on
certain FFAs were found detached on both electrical motors. 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.
The FAA issued a related NPRM and supplemental NPRM (SNPRM) that
proposed 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 related NPRM
published in the Federal Register on June 26, 2019 (84 FR 30055). The
related SNPRM published in the Federal Register on January 21, 2020 (85
FR 3279). The related NPRM and SNPRM were also prompted by a report
that an airplane failed to extend its NLG using the free fall method,
due to loss of the green hydraulic system. Since the related SNPRM was
issued, Airbus and the FAA determined that any affected FFA must be
replaced. In light of these changes, the FAA has withdrawn the related
SNPRM as of June 8, 2020 (85 FR 34655), which intended to also withdraw
the proposals in the NPRM published on June 26, 2019 (84 FR 30055). The
FAA is now issuing this new NPRM for public comment.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0076 describes procedures for repetitive tests of
affected FFAs and replacement of any affected FFA that fails a test
with a serviceable FFA. EASA AD 2020-0076 also describes procedures for
replacement of all affected FFAs, which terminates the repetitive
tests. This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
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 2020-0076 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0076
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0076 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 2020-0076 that is required for compliance with EASA AD 2020-
0076 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.
Costs of Compliance
The FAA estimates that this proposed AD affects 113 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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4 work[dash]hours x $85 per hour = $340...................... $0* $340 $38,420
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* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the
replacements specified in this proposed AD.
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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2 work-hours x $85 per hour = $170.... $0* $170
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* The FAA has received no definitive data that would enable the agency
to provide parts cost estimates for the on-condition replacements
specified in this proposed AD.
[[Page 39112]]
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-2019-0484; Product Identifier 2020-NM-
051-AD.
(a) Comments Due Date
The FAA must receive comments by August 14, 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 loss of the green hydraulic system. The FAA is issuing this AD to
address detached magnets on both electrical motors of the free fall
actuators (FFAs), which could prevent landing gear extension by the
free fall method, possibly resulting in loss of control of the
airplane after landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0076, dated March 30, 2020 (``EASA AD 2020-0076'').
(h) Exceptions to EASA AD 2020-0076
(1) Where EASA AD 2020-0076 refers to its effective date or the
effective date of EASA AD 2019-0063 or the effective date of EASA AD
2019-0164, this AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0076 does not apply
to this AD.
(3) Where paragraph (3) of EASA AD 2020-0076 specifies credit
for certain tasks ``provided the continuity test specified in A330
AMM [Aircraft Maintenance Manual] task 32-33-00-710-809, or A340 AMM
task 32-33-00-710-806, as applicable, is accomplished
concurrently,'' this AD provides credit ``provided the continuity
test is accomplished concurrently in accordance with the
instructions of an FAA-approved maintenance or inspection program.''
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2020-0076
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or 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 (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, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
(3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0076 that contains RC procedures and
tests: Except as required by 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 2020-0076, 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
[[Page 39113]]
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, 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 June 23, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-14018 Filed 6-29-20; 8:45 am]
BILLING CODE 4910-13-P
