Airworthiness Directives; Airbus SAS Airplanes, 13239-13242 [2021-04442]
Download as PDF
Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2016–11–21, Amendment 39–
18548 (81 FR 36137); and
■ b. Adding the following new AD:
■
■
Airbus Helicopters Deutschland GmbH:
Docket No. FAA–2019–0113; Product
Identifier 2017–SW–140–AD.
(a) Applicability
This airworthiness directive (AD) applies
to Airbus Helicopters Deutschland GmbH
Model EC135P1, EC135P2, EC135P2+,
EC135P3, EC135T1, EC135T2, EC135T2+,
and EC135T3 helicopters, certificated in any
category.
(b) Unsafe Condition
The FAA is issuing this AD to prevent
certain parts from remaining in service
beyond their fatigue life, resulting in failure
of the part and subsequent loss of control of
the helicopter.
(c) Affected ADs
This AD replaces AD 2016–11–21,
Amendment 39–18548 (81 FR 36137, June 6,
2016).
(d) Comments Due Date
The FAA must receive comments by April
22, 2021.
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(e) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
(f) Required Actions
(1) Before further flight, establish a life
limit for the tail rotor hub body (hub body),
part number (P/N) L642A2003102, of 27,400
hours time-in-service (TIS). If you cannot
determine the hub body’s TIS, follow the
instructions in Table 1, Examples and
Calculations, Effectivity: The history of the
hub body is not known or can’t be identified,
in Airbus Helicopters Alert Service Bulletin
(ASB) EC135–04A–012, Revision 0, dated
September 11, 2017, except where the service
information specifies that you contact the
manufacturer, you are required to remove the
part from service instead.
(2) Before further flight, revise the life limit
for each part listed in paragraphs (f)(2)(i) and
(ii) of this AD in the Airworthiness
Limitations Section (ALS) of the existing
maintenance manual for your helicopter and
record the revised life limit on the
component history card or equivalent record
as follows:
(i) For swashplate parts:
(A) The life limit for the ring (control ring),
P/N L623M2001213, is 10,700 hours TIS.
(B) The life limit for the cardan ring (twopart), P/N L623M2005205, is 14,300 hours
TIS.
(C) The life limit for the bolt (control ring),
P/N L671M7001215, is 14,300 hours TIS.
(D) The life limit for the bolt (sliding
sleeve), P/N L623M2006206 and P/N
L623M2006213, is 14,300 hours TIS.
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(ii) For mixing lever gear unit parts:
(A) The life limit for the forked lever
assembly, P/N L671M3012102, is 10,400
hours TIS.
(B) The life limit for the hinged support,
P/N L671M7003210, is 8,400 hours TIS.
(C) The life limit for the bolt, P/N
L671M7001220, is 8,400 hours TIS.
(3) Before further flight, remove from
service any part listed in paragraphs (f)(1)
and (2) of this AD that has reached or
exceeded its revised life limit.
(4) Thereafter, for any part listed in
paragraphs (f)(1) and (2) of this AD that has
not reached or exceeded its life limit,
continue to record the life limit of the part
on its component history card or equivalent
record and remove any part listed in
paragraph (f)(1) and (2) of this AD from
service before the part has reached or
exceeded its revised life limit.
(g) Special Flight Permits
Special flight permits are limited to a
onetime flight to a maintenance facility to
replace a part that has reached its life limit.
(h) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Strategic Policy
Rotorcraft Section, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
If sending information directly to the
manager of the Strategic Policy Rotorcraft
Section, send it to: Manager, Strategic Policy
Rotorcraft Section, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone
817–222–5110. Information may be emailed
to: 9-ASW-FTW-AMOC-Requests@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office before
operating any aircraft complying with this
AD through an AMOC.
(i) Additional Information
The subject of this AD is addressed in
European Aviation Safety Agency (now
European Union Aviation Safety Agency)
(EASA) AD No. 2017–0243, dated December
6, 2017. You may view the EASA AD on the
internet at https://www.regulations.gov in the
AD Docket.
(j) Subject
Joint Aircraft Service Component (JASC)
Code: 6400, Tail Rotor System.
Issued on February 17, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–03991 Filed 3–5–21; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0131; Project
Identifier MCAI–2020–01628–T]
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 all
Airbus SAS Model A330–200, –300,
–800, and –900 series airplanes; and
Model A340–200, –300, –500, and –600
series airplanes. This proposed AD was
prompted by reports that certain oxygen
supply solenoid valves are a potential
source of increased flow resistance
within the flightcrew oxygen system.
This proposed AD would require a
special detailed inspection (flow test) of
certain solenoid valves, and
replacement if necessary, as specified in
a European Union Aviation Safety
Agency (EASA) AD, which is proposed
for incorporation by reference. The FAA
is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this proposed AD by April 22, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For material that will be incorporated
by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49
221 8999 000; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find this
IBR material on the EASA website at
https://ad.easa.europa.eu. You may
view this IBR material at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
SUMMARY:
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0131.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0131; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, any
comments received, and other
information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT:
Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3229; email
vladimir.ulyanov@faa.gov.
SUPPLEMENTARY INFORMATION:
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Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2021–0131; Project Identifier
MCAI–2020–01628–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend the proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this proposed
AD.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
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private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft
Section, International Validation
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax
206–231–3229; email vladimir.ulyanov@
faa.gov. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0273, dated December 9, 2020
(EASA AD 2020–0273) (also referred to
as the Mandatory Continuing
Airworthiness Information, or the
MCAI), to correct an unsafe condition
for all Airbus SAS Model A330–201,
A330–202, A330–203, A330–223, A330–
243, A330–301, A330–302, A330–303,
A330–321, A330–322, A330–323, A330–
341, A330–342, A330–343, A330–743L,
A330–841, A330–941, A340–211, A340–
212, A340–213, A340–311, A340–312,
A340–313, A340–541, A340–542, A340–
642, and A340–643 airplanes. Model
A330–743L, A340–542, and A340–643
airplanes are not certificated 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
reports that oxygen supply solenoid
valves having certain part numbers and
a certain year of manufacture, are a
potential source of increased flow
resistance within the flightcrew oxygen
system. The FAA is proposing this AD
to address increased flow resistance
within the flightcrew oxygen system,
which could lead to a reduced flow of
oxygen supply to the flightcrew oxygen
masks, and in combination with inflight depressurization, smoke in the
flight deck, or a smoke evacuation
procedure, could lead to flightcrew
hypoxia and loss of useful
consciousness, resulting in loss of
control of the airplane. See the MCAI for
additional background information.
Related Service Information Under 1
CFR Part 51
EASA AD 2020–0273 describes
procedures for doing a special detailed
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inspection (flow test) of certain solenoid
valves by using the flightcrew oxygen
masks and replacing any solenoid valve
that fails the flow test with a serviceable
part. This material is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
FAA’s Determination 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 2020–0273 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
2020–0273 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2020–0273
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
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information specified in EASA AD
2020–0273 that is required for
compliance with EASA AD 2020–0273
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0131 after the FAA final
rule is published.
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Costs of Compliance
The FAA estimates that this proposed
AD affects 112 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
3 work-hours × $85 per hour = $255 ..........................................................................................
$0
$255
$28,560
The FAA estimates the following
costs to do any necessary replacement
that would be required based on the
results of any proposed actions. The
FAA has no way of determining the
number of aircraft that might need
replacement:
ESTIMATED COSTS OF ON-CONDITION ACTION
Labor cost
Parts cost
1 work-hour × $85 per hour = $85 ..........................................................................................................................
According to the manufacturer, some
or all of the costs of this proposed AD
may be covered under warranty, thereby
reducing the cost impact on affected
operators. The FAA does not control
warranty coverage for affected operators.
As a result, the FAA has included all
known costs in the cost estimate.
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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.
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For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
Up to $5,496
Cost per
product
Up to $5,581.
(c) Applicability
This AD applies to all Airbus SAS
airplanes, certificated in any category,
identified in paragraphs (c)(1) through (8) of
this AD.
(1) Model A330–201, –202, –203, –223, and
–243 airplanes.
(2) Model A330–301, –302, –303, –321,
–322, –323, –341, –342, and –343 airplanes.
(3) Model A330–841 airplanes.
(4) Model A330–941 airplanes.
(5) Model A340–211, –212, and –213
airplanes.
(6) Model A340–311, –312, and –313
airplanes.
(7) Model A340–541 airplanes.
(8) Model A340–642 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 35, Oxygen.
■
(e) Reason
This AD was prompted by reports that
certain oxygen supply solenoid valves are a
potential source of increased flow resistance
within the flightcrew oxygen system. The
FAA is issuing this AD to address increased
flow resistance within the flightcrew oxygen
system, which could lead to a reduced flow
of oxygen supply to the flightcrew oxygen
masks, and in combination with in-flight
depressurization, smoke in the flight deck, or
a smoke evacuation procedure, could lead to
flightcrew hypoxia and loss of useful
consciousness, resulting in loss of control of
the airplane.
Airbus SAS: Docket No. FAA–2021–0131;
Project Identifier MCAI–2020–01628–T.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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:
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) action by April
22, 2021.
(b) Affected ADs
None.
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(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 2020–0273, dated
December 9, 2020 (EASA AD 2020–0273).
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(h) Exceptions to EASA AD 2020–0273
(1) Where EASA AD 2020–0273 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0273 does not apply to this AD.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2020–0273 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
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(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-AVS-AIR730-AMOC@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the responsible
Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2020–0273 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–
0273, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu. You may view this
material at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200
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South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195. This
material may be found in the AD docket on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0131.
(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 February 26, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–04442 Filed 3–5–21; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2021–0044; Airspace
Docket No. 19–AWP–25]
AWP–25, at the beginning of your
comments. You may also submit
comments through the internet at
https://www.regulations.gov.
FAA Order 7400.11E, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at https://www.faa.gov/air_
traffic/publications/. For further
information, you can contact the
Airspace Policy Group, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783. The Order is
also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of FAA
Order 7400.11E at NARA, email
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center,
Operations Support Group, 2200 S.
216th Street, Des Moines, WA 98198;
telephone (206) 231–3695.
SUPPLEMENTARY INFORMATION:
RIN 2120–AA66
Authority for This Rulemaking
Proposed Amendment of Class D and
Class E Airspace; Bakersfield, CA
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority, as it would
amend the Class D and Class E airspace
at Meadows Field Airport, Bakersfield,
CA, to support IFR operations at the
airport.
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
modify the Class D airspace, at
Meadows Field Airport. This action also
proposes to modify the Class E airspace
designated as a surface area and the
Class E airspace extending upward from
700 feet above the surface. Additionally,
this action proposes several
administrative corrections to the Class
D, Class E2, and Class E5 text headers.
Lastly, this action proposes to update
the term ‘‘Airport/Facility Directory’’ in
the last sentence of the Class D’s
airspace description to ‘‘Chart
Supplement.’’ This action would ensure
the safety and management of
instrument flight rules (IFR) operations
at the airport.
DATES: Comments must be received on
or before April 22, 2021.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590; telephone: 1–
800–647–5527, or (202) 366–9826. You
must identify FAA Docket No. FAA–
2021–0044; Airspace Docket No. 19–
SUMMARY:
PO 00000
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Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
E:\FR\FM\08MRP1.SGM
08MRP1
Agencies
[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Proposed Rules]
[Pages 13239-13242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04442]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0131; Project Identifier MCAI-2020-01628-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A330-200, -300, -800, and -900 series
airplanes; and Model A340-200, -300, -500, and -600 series airplanes.
This proposed AD was prompted by reports that certain oxygen supply
solenoid valves are a potential source of increased flow resistance
within the flightcrew oxygen system. This proposed AD would require a
special detailed inspection (flow test) of certain solenoid valves, and
replacement if necessary, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference. The FAA is proposing this AD to address the unsafe condition
on these products.
DATES: The FAA must receive comments on this proposed AD by April 22,
2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For material that will be incorporated by reference (IBR) in this
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; 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
[[Page 13240]]
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0131.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0131; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229;
email [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 ADDRESSES. Include ``Docket No. FAA-2021-0131; Project Identifier
MCAI-2020-01628-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax 206-231-3229; email
[email protected]. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0273, dated December 9, 2020
(EASA AD 2020-0273) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A330-201, A330-202, A330-203, A330-223, A330-
243, A330-301, A330-302, A330-303, A330-321, A330-322, A330-323, A330-
341, A330-342, A330-343, A330-743L, A330-841, A330-941, A340-211, A340-
212, A340-213, A340-311, A340-312, A340-313, A340-541, A340-542, A340-
642, and A340-643 airplanes. Model A330-743L, A340-542, and A340-643
airplanes are not certificated 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 reports that oxygen supply
solenoid valves having certain part numbers and a certain year of
manufacture, are a potential source of increased flow resistance within
the flightcrew oxygen system. The FAA is proposing this AD to address
increased flow resistance within the flightcrew oxygen system, which
could lead to a reduced flow of oxygen supply to the flightcrew oxygen
masks, and in combination with in-flight depressurization, smoke in the
flight deck, or a smoke evacuation procedure, could lead to flightcrew
hypoxia and loss of useful consciousness, resulting in loss of control
of the airplane. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0273 describes procedures for doing a special detailed
inspection (flow test) of certain solenoid valves by using the
flightcrew oxygen masks and replacing any solenoid valve that fails the
flow test with a serviceable part. This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.
FAA's Determination 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 2020-0273 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 2020-0273
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0273 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
[[Page 13241]]
information specified in EASA AD 2020-0273 that is required for
compliance with EASA AD 2020-0273 will be available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0131 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 112 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255........................... $0 $255 $28,560
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary
replacement that would be required based on the results of any proposed
actions. The FAA has no way of determining the number of aircraft that
might need replacement:
Estimated Costs of On-Condition Action
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85........ Up to $5,496 Up to $5,581.
------------------------------------------------------------------------
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators. The FAA does not control warranty
coverage for affected operators. As a result, the FAA has included all
known costs in the cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Airbus SAS: Docket No. FAA-2021-0131; Project Identifier MCAI-2020-
01628-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) action by April 22, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes, certificated in any
category, identified in paragraphs (c)(1) through (8) of this AD.
(1) Model A330-201, -202, -203, -223, and -243 airplanes.
(2) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
(3) Model A330-841 airplanes.
(4) Model A330-941 airplanes.
(5) Model A340-211, -212, and -213 airplanes.
(6) Model A340-311, -312, and -313 airplanes.
(7) Model A340-541 airplanes.
(8) Model A340-642 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 35, Oxygen.
(e) Reason
This AD was prompted by reports that certain oxygen supply
solenoid valves are a potential source of increased flow resistance
within the flightcrew oxygen system. The FAA is issuing this AD to
address increased flow resistance within the flightcrew oxygen
system, which could lead to a reduced flow of oxygen supply to the
flightcrew oxygen masks, and in combination with in-flight
depressurization, smoke in the flight deck, or a smoke evacuation
procedure, could lead to flightcrew hypoxia and loss of useful
consciousness, resulting in loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0273, dated December 9, 2020 (EASA AD 2020-0273).
[[Page 13242]]
(h) Exceptions to EASA AD 2020-0273
(1) Where EASA AD 2020-0273 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0273 does not apply
to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2020-0273
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 responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
(3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0273 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 2020-0273, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; 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-
2021-0131.
(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 February 26, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-04442 Filed 3-5-21; 8:45 am]
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