Airworthiness Directives; Airbus SAS Airplanes, 60560-60563 [2021-23870]

Download as PDF 60560 Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Rules and Regulations original installation a fire extinguisher identified in the introductory text of paragraph (c) of this AD on any aircraft, unless the actions required by paragraphs (g)(1)(i) through (iii) of this AD have been accomplished. (h) Credit for Previous Actions This paragraph provides credit for the initial instance of the actions required by paragraph (g)(1) of this AD if those actions were accomplished before the effective date of this AD using Umlaut VSB Doc. No. P3VSB000003, Issue A, dated May 10, 2021, or Umlaut VSB Doc. No. P3VSB000003, Issue B, dated July 14, 2021. (i) Special Flight Permits A special flight permit may be permitted provided that there are no passengers onboard. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, 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 manager of the International Validation Branch, send it to the attention of the person identified in paragraph (k)(1) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@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. (k) Related Information (1) For more information about this AD, contact Hal Jensen, Aerospace Engineer, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 950 L’Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267–9167; email hal.jensen@ faa.gov. (2) Umlaut VSB Doc. No. P3VSB000003, Issue A, dated May 10, 2021, and Issue B, dated July 14, 2021, which are not incorporated by reference, contain additional information about the subject of this AD. This service information is available at the contact information specified in paragraphs (l)(3) and (4) of this AD. (3) The subject of this AD is addressed in European Union Aviation Safety Agency (EASA) AD 2021–0185R1, dated August 11, 2021. You may view the EASA AD at https:// www.regulations.gov in Docket No. FAA– 2021–0882. khammond on DSKJM1Z7X2PROD with RULES (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. VerDate Sep<11>2014 15:53 Nov 02, 2021 Jkt 256001 (i) Umlaut Vendor Service Bulletin Doc. No. P3VSB000003, Issue C, dated August 3, 2021. (ii) [Reserved] (3) For Umlaut service information identified in this AD, contact Umlaut Engineering GmbH, Blohmstrasse 12, 21079 Hamburg, Germany; telephone: +49 (0) 551– 19240; email: hafex@umlaut.com; or web: https://www.umlaut.com/hafex. (4) You may view this service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ ibr-locations.html. Issued on October 15, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–24008 Filed 10–29–21; 4:15 pm] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 showing cavitation erosion that exposed the fuel pump power supply wires, and by a determination that certain compliance times need to be revised and that additional airplanes are subject to the unsafe condition. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 8, 2021. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 8, 2021. ADDRESSES: For material 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 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– 0372. Examining the AD Docket You may examine the AD docket on the internet at https:// www.regulations.gov by searching for RIN 2120–AA64 and locating Docket No. FAA–2021– Airworthiness Directives; Airbus SAS 0372; or in person at Docket Operations Airplanes between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AGENCY: Federal Aviation The AD docket contains this final rule, Administration (FAA), Department of any comments received, and other Transportation (DOT). information. The address for Docket ACTION: Final rule. Operations is U.S. Department of Transportation, Docket Operations, M– SUMMARY: The FAA is superseding 30, West Building Ground Floor, Room Airworthiness Directive (AD) 2020–21– W12–140, 1200 New Jersey Avenue SE, 05, which applied to all Airbus SAS Washington, DC 20590. Model A330–200 Freighter, A330–200, A330–300, A330–900, A340–200, A340– FOR FURTHER INFORMATION CONTACT: 300, A340–500, and A340–600 series Vladimir Ulyanov, Aerospace Engineer, airplanes. AD 2020–21–05 required Large Aircraft Section, International repetitive inspections of certain fuel Validation Branch, FAA, 2200 South pumps for cavitation erosion, 216th St., Des Moines, WA 98198; replacement if necessary, revision of the telephone and fax 206–231–3229; email operator’s minimum equipment list vladimir.ulyanov@faa.gov. (MEL), and accomplishment of certain SUPPLEMENTARY INFORMATION: maintenance actions related to defueling Background and ground fuel transfer operations. This AD retains the requirements of AD The EASA, which is the Technical 2020–21–05, revises certain compliance Agent for the Member States of the times, and expands the applicability; as European Union, has issued EASA AD specified in a European Union Aviation 2020–0283, dated December 17, 2020; Safety Agency (EASA) AD, which is corrected December 24, 2020 (EASA AD incorporated by reference. This AD was 2020–0283) (also referred to as the prompted by reports of a fuel pump Mandatory Continuing Airworthiness [Docket No. FAA–2021–0372; Project Identifier MCAI–2020–01684–T; Amendment 39–21681; AD 2021–16–18] PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Rules and Regulations Information, or the MCAI), to correct an unsafe condition for all Airbus SAS A330–201, A330–202, A330–203, A330– 223, A330–223F, A330–243, A330– 243F, 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 AD therefore does not include those airplanes in the applicability. The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2020–21–05, Amendment 39–21278 (85 FR 64963, October 14, 2020) (AD 2020–21–05). AD 2020–21–05 applied to all Airbus SAS Model A330–200 Freighter, A330–200, A330–300, A330–900, A340–200, A340– 300, A340–500 and A340–600 series. The NPRM published in the Federal Register on May 21, 2020 (86 FR 27540). The NPRM was prompted by reports of a fuel pump showing cavitation erosion that exposed the fuel pump power supply wires, and by a determination that certain compliance times need to be revised and that additional airplanes are subject to the unsafe condition. The NPRM proposed to retain the requirements of AD 2020–21–05, revise certain compliance times, and expand the applicability, as specified in EASA AD 2020–0283. The FAA is issuing this AD to address fuel pump erosion caused by cavitation. If this condition is not addressed, a pump running dry could result in a fuel tank explosion and consequent loss of the airplane. See the MCAI for additional background information. Comments The FAA gave the public the opportunity to participate in developing this final rule. The FAA has considered the comments received. P. Grande and The Air Line Pilots Association, International (ALPA) indicated support for the NPRM. Conclusion The FAA reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule as proposed, except for minor editorial changes. The FAA has determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and 60561 • Do not add any additional burden upon the public than was already proposed in the NPRM. Related Service Information Under 1 CFR Part 51 EASA AD 2020–0283 describes procedures for repetitive inspections of all affected parts, replacement if necessary, updating of the applicable Master Minimum Equipment List (MMEL), and certain maintenance actions related to defueling and ground fuel transfer operations. 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. Interim Action The FAA considers this AD interim action. If final action is later identified, the FAA might consider further rulemaking then. Costs of Compliance The FAA estimates that this AD affects 112 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Action Labor cost Retained actions from AD 2020–21–05 .... Up to 72 work-hours × $85 per hour = Up to $6,375. Up to 72 work-hours × $85 per hour = Up to $6,375. 1 work-hour × $85 = $85 ........................... New proposed actions ............................... MEL revision .............................................. The FAA estimates the following costs to do any necessary on-condition actions that would be required based on Cost per product Parts cost the results of any required actions. The FAA has no way of determining the Cost on U.S. operators $0 Up to $6,375 .... Up to $714,000. 0 Up to $6,375 ..... Up to $714,000. 0 $85 ................... $9,520. number of aircraft that might need these on-condition actions: ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Up to 126 work-hours × $85 per hour = Up to $10,710 ......................... Up to $173,680 .............................. khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 15:53 Nov 02, 2021 Jkt 256001 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 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 Cost per product Up to $184,390. develop on products identified in this rulemaking action. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will 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 E:\FR\FM\03NOR1.SGM 03NOR1 60562 Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Rules and Regulations responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (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. Adoption of the Amendment 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. [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive (AD) 2020–21–05, Amendment 39– 21278 (85 FR 64963, October 14, 2020); and ■ b. Adding the following new AD: ■ ■ 2021–16–18 Airbus SAS: Amendment 39– 21681; Docket No. FAA–2021–0372; Project Identifier MCAI–2020–01684–T. (a) Effective Date This airworthiness directive (AD) is effective December 8, 2021. khammond on DSKJM1Z7X2PROD with RULES (b) Affected ADs This AD replaces AD 2020–21–05, Amendment 39–21278 (85 FR 64963, October 14, 2020) (AD 2020–21–05). (c) Applicability This AD applies to all Airbus SAS airplanes, certificated in any category, and identified in paragraphs (c)(1) through (9) of this AD. (1) Model A330–223F and –243F airplanes. (2) Model A330–201, –202, –203, –223, and –243 airplanes. (3) Model A330–301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes. (4) Model A330–841 airplanes. (5) Model A330–941 airplanes. (6) Model A340–211, –212, and –213 airplanes. (7) Model A340–311, –312, and –313 airplanes. (8) Model A340–541 airplanes. (9) Model A340–642 airplanes. VerDate Sep<11>2014 15:53 Nov 02, 2021 Jkt 256001 (e) Reason This AD was prompted by reports of a fuel pump showing cavitation erosion that exposed the fuel pump power supply wires, and by a determination that certain compliance times need to be revised and that additional airplanes are subject to the unsafe condition. The FAA is issuing this AD to address fuel pump erosion caused by cavitation. If this condition is not addressed, a pump running dry could result in a fuel tank explosion and consequent loss 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 2020–0283, dated December 17, 2020; corrected December 24, 2020 (EASA AD 2020–0283). Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: § 39.13 (d) Subject Air Transport Association (ATA) of America Code 28, Fuel. (h) Exceptions to EASA AD 2020–0283 (1) Where EASA AD 2020–0283 refers to its effective date, this AD requires using the effective date of this AD. (2) The ‘‘Remarks’’ section of EASA AD 2020–0283 does not apply to this AD. (3) Where EASA AD 2020–0283 refers to the master minimum equipment list (MMEL), this AD refers to the operator’s existing minimum equipment list (MEL). (4) Where EASA AD 2020–0283 refers to ‘‘13 December 2019 [the effective date of EASA AD 2019–0291 at original issue],’’ this AD requires using ‘‘November 18, 2020 (the effective date of AD 2020–21–05).’’ (5) Where EASA AD 2020–0283 refers to ‘‘17 November 2017 [the effective date of EASA AD 2017–0224],’’ this AD requires using ‘‘December 29, 2017 (the effective date of AD 2017–25–16, Amendment 39–19130 (82 FR 58718, December 14, 2017) (AD 2017– 25–16)).’’ (6) Where paragraphs (8), (9), and (10) of EASA AD 2020–0283 specify to ‘‘inform all flight crews, and, thereafter, operate the aeroplane accordingly,’’ this AD does not require those actions as those actions are already required by existing FAA operating regulations. (i) No Reporting Requirement Although the service information referenced in EASA AD 2020–0283 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the Large Aircraft Section, International Validation Branch, send it to the attention of the person identified in paragraph (k) 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): Except as required by paragraph (j)(2) of this AD, if any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those 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 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. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2020–0283, dated December 17, 2020; corrected December 24, 2020. (ii) [Reserved] (3) For EASA AD 2020–0283, 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 EASA AD on the EASA website at https:// ad.easa.europa.eu. (4) 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 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Rules and Regulations 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–2021–0372. (5) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@ nara.gov, or go to: https://www.archives.gov/ federal-register/cfr/ibr-locations.html. Issued on July 30, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–23870 Filed 11–2–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–1166; Project Identifier AD–2020–00906–T; Amendment 39–21737; AD 2021–19–19] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737–9 airplanes. This AD was prompted by a report of missing sealant on the left and right wing leading edge outboard blowout door. This AD requires doing a fluid seal contact inspection and a detailed inspection for missing sealant on each blowout door and applying sealant if necessary. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 8, 2021. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 8, 2021. ADDRESSES: For service information identified in this final rule, 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 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. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:53 Nov 02, 2021 Jkt 256001 It is also available at https:// www.regulations.gov by searching for and locating Docket No. FAA–2020– 1166. Examining the AD Docket You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–1166; 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 final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Chris Baker, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206– 231–3552; email: christopher.r.baker@ faa.gov. SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to The Boeing Company Model 737–9 airplanes having line numbers 6834, 6852, 6872, 6899, 6917, 6935, 7096, 7173, 7196, 7201, 7208, 7216, 7246, 7253, 7261, 7268, 7306, 7316, 7338, 7348, 7361, 7384, 7388, 7394, and 7428. The NPRM published in the Federal Register on January 21, 2021 (86 FR 6269). The NPRM was prompted by a report indicating that the application of sealant on the left wing and right wing leading edge outboard blowout door was missed during the airplane manufacturing process on some Model 737–9 airplanes. In the NPRM, the FAA proposed to require doing a fluid seal contact inspection and a detailed inspection for missing sealant on each blowout door and applying sealant if necessary. The FAA is issuing this AD to address the missing sealant, which is intended to act as a fuel barrier. In the presence of a substantial fuel leak from the wing box, the unintended drain path could allow fuel to come into contact with the engine. This condition, if not addressed, could lead to a large ground fire. Discussion of Final Airworthiness Directive Comments The FAA received comments from The Air Line Pilots Association, International (ALPA), Boeing, and an PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 60563 individual, who all stated that they supported the NPRM without change. The FAA also received comments from United Airlines (UAL) and two individuals. The following discussion presents those comments and the FAA’s response. Request To Use Alternative Products UAL suggested that the FAA work with Boeing on identifying acceptable alternatives to the developer specified in the service information. UAL stated that during initial accomplishment of the inspection there were difficulties sourcing the specified developer due to the requirement in Boeing Alert Requirements Bulletin 737–57A1350 RB to use the bulk material and not the aerosol spray. UAL stated it was ultimately able to procure the required bulk material. The FAA disagrees with the request to change the AD to allow the use of alternative developers. Use of the bulk developer identified in Boeing Alert Requirements Bulletin 737–57A1350 RB, dated April 23, 2020, is needed for effective inspection. The aerosol spray form of the developer penetrates more aggressively than the bulk form, so it could cause existing sealants to swell. The use of bulk material avoids the potential for false readings of the gasket contact verification to be caused by sealant swelling. The commenter also did not identify any alternative developers in either bulk or aerosol spray that would be an acceptable alternative to the developer identified in Boeing Alert Requirements Bulletin 737–57A1350 RB, dated April 23, 2020. However, operators may submit an alternative method of compliance (AMOC) request using the procedures specified in paragraph (i) of this AD; the request should include data that substantiates the alternative developer will ensure an effective inspection to determine if additional sealant is required. The FAA has not changed this AD as a result of this comment. Request for Information on the Approval Process for Alternative Materials Two individuals asked about the approval process for alternative suitable materials (sealant) and procedures. In addition, the individuals questioned the role of the Boeing Company Organization Designation Authorization (ODA) in the approval process. In order to receive an AMOC to use an alternate sealant, the AMOC request would need to show that the alternate sealant meets or exceeds the performance or characteristics of the E:\FR\FM\03NOR1.SGM 03NOR1

Agencies

[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Rules and Regulations]
[Pages 60560-60563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23870]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0372; Project Identifier MCAI-2020-01684-T; 
Amendment 39-21681; AD 2021-16-18]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-21-
05, which applied to all Airbus SAS Model A330-200 Freighter, A330-200, 
A330-300, A330-900, A340-200, A340-300, A340-500, and A340-600 series 
airplanes. AD 2020-21-05 required repetitive inspections of certain 
fuel pumps for cavitation erosion, replacement if necessary, revision 
of the operator's minimum equipment list (MEL), and accomplishment of 
certain maintenance actions related to defueling and ground fuel 
transfer operations. This AD retains the requirements of AD 2020-21-05, 
revises certain compliance times, and expands the applicability; as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. This AD was prompted by reports of a fuel 
pump showing cavitation erosion that exposed the fuel pump power supply 
wires, and by a determination that certain compliance times need to be 
revised and that additional airplanes are subject to the unsafe 
condition. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective December 8, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 8, 
2021.

ADDRESSES: For material 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 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-2021-0372.

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-
0372; 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 final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

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:

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0283, dated December 17, 2020; 
corrected December 24, 2020 (EASA AD 2020-0283) (also referred to as 
the Mandatory Continuing Airworthiness

[[Page 60561]]

Information, or the MCAI), to correct an unsafe condition for all 
Airbus SAS A330-201, A330-202, A330-203, A330-223, A330-223F, A330-243, 
A330-243F, 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 AD therefore does not 
include those airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-21-05, Amendment 39-21278 (85 FR 
64963, October 14, 2020) (AD 2020-21-05). AD 2020-21-05 applied to all 
Airbus SAS Model A330-200 Freighter, A330-200, A330-300, A330-900, 
A340-200, A340-300, A340-500 and A340-600 series. The NPRM published in 
the Federal Register on May 21, 2020 (86 FR 27540). The NPRM was 
prompted by reports of a fuel pump showing cavitation erosion that 
exposed the fuel pump power supply wires, and by a determination that 
certain compliance times need to be revised and that additional 
airplanes are subject to the unsafe condition. The NPRM proposed to 
retain the requirements of AD 2020-21-05, revise certain compliance 
times, and expand the applicability, as specified in EASA AD 2020-0283.
    The FAA is issuing this AD to address fuel pump erosion caused by 
cavitation. If this condition is not addressed, a pump running dry 
could result in a fuel tank explosion and consequent loss of the 
airplane. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has considered the comments 
received. P. Grande and The Air Line Pilots Association, International 
(ALPA) indicated support for the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0283 describes procedures for repetitive inspections 
of all affected parts, replacement if necessary, updating of the 
applicable Master Minimum Equipment List (MMEL), and certain 
maintenance actions related to defueling and ground fuel transfer 
operations.
    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.

Interim Action

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

Costs of Compliance

    The FAA estimates that this AD affects 112 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
            Action                 Labor cost       Parts cost       Cost per product     Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2020-  Up to 72 work-                $0  Up to $6,375.........  Up to $714,000.
 21-05.                          hours x $85 per
                                 hour = Up to
                                 $6,375.
New proposed actions..........  Up to 72 work-                 0  Up to $6,375.........  Up to $714,000.
                                 hours x $85 per
                                 hour = Up to
                                 $6,375.
MEL revision..................  1 work-hour x                  0  $85..................  $9,520.
                                 $85 = $85.
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
Up to 126 work-hours x $85 per    Up to $173,680....  Up to $184,390.
 hour = Up to $10,710.
------------------------------------------------------------------------

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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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

[[Page 60562]]

responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:
0
a. Removing Airworthiness Directive (AD) 2020-21-05, Amendment 39-21278 
(85 FR 64963, October 14, 2020); and
0
b. Adding the following new AD:

2021-16-18 Airbus SAS: Amendment 39-21681; Docket No. FAA-2021-0372; 
Project Identifier MCAI-2020-01684-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 8, 2021.

(b) Affected ADs

    This AD replaces AD 2020-21-05, Amendment 39-21278 (85 FR 64963, 
October 14, 2020) (AD 2020-21-05).

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any 
category, and identified in paragraphs (c)(1) through (9) of this 
AD.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (4) Model A330-841 airplanes.
    (5) Model A330-941 airplanes.
    (6) Model A340-211, -212, and -213 airplanes.
    (7) Model A340-311, -312, and -313 airplanes.
    (8) Model A340-541 airplanes.
    (9) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports of a fuel pump showing 
cavitation erosion that exposed the fuel pump power supply wires, 
and by a determination that certain compliance times need to be 
revised and that additional airplanes are subject to the unsafe 
condition. The FAA is issuing this AD to address fuel pump erosion 
caused by cavitation. If this condition is not addressed, a pump 
running dry could result in a fuel tank explosion and consequent 
loss 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 
2020-0283, dated December 17, 2020; corrected December 24, 2020 
(EASA AD 2020-0283).

(h) Exceptions to EASA AD 2020-0283

    (1) Where EASA AD 2020-0283 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0283 does not apply 
to this AD.
    (3) Where EASA AD 2020-0283 refers to the master minimum 
equipment list (MMEL), this AD refers to the operator's existing 
minimum equipment list (MEL).
    (4) Where EASA AD 2020-0283 refers to ``13 December 2019 [the 
effective date of EASA AD 2019-0291 at original issue],'' this AD 
requires using ``November 18, 2020 (the effective date of AD 2020-
21-05).''
    (5) Where EASA AD 2020-0283 refers to ``17 November 2017 [the 
effective date of EASA AD 2017-0224],'' this AD requires using 
``December 29, 2017 (the effective date of AD 2017-25-16, Amendment 
39-19130 (82 FR 58718, December 14, 2017) (AD 2017-25-16)).''
    (6) Where paragraphs (8), (9), and (10) of EASA AD 2020-0283 
specify to ``inform all flight crews, and, thereafter, operate the 
aeroplane accordingly,'' this AD does not require those actions as 
those actions are already required by existing FAA operating 
regulations.

 (i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0283 
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 responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (k) 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): Except as required by 
paragraph (j)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those 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

    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].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0283, 
dated December 17, 2020; corrected December 24, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0283, 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.
    (4) 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

[[Page 60563]]

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-2021-0372.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 30, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-23870 Filed 11-2-21; 8:45 am]
BILLING CODE 4910-13-P


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