[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6741-6744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02200]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1078; Product Identifier 2019-NM-207-AD; Amendment 
39-19822; AD 2020-01-16]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A330-200 Freighter series airplanes, Model A330-200 
series airplanes, Model A330-300 series airplanes, Model A340-200 
series airplanes, Model A340-300 series airplanes, Model A340-541 
airplanes, and Model A340-642 airplanes. This AD was prompted by the 
absence of a requirement to remove certain Emergency Procedures in the 
existing Aircraft Flight Manual (AFM) after accomplishing a certain 
modification. This AD requires, for airplanes on which a certain 
modification is done, revising the AFM by removing certain Emergency 
Procedures in the AFM, as specified in a European Union Aviation Safety 
Agency (EASA) AD, which is incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective February 21, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 21, 
2020.
    We must receive comments on this AD by March 23, 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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For the 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, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195. It is also available in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-1078.

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-
1078; 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 AD, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0312, dated December 20, 2019 
(``EASA AD 2019-0312'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A330-200 Freighter series airplanes; 
Model A330-200 series airplanes; Model A330-300 series airplanes; Model 
A340-200 series airplanes; Model A340-300 series airplanes; Airbus SAS 
Model A340-541 and -542 airplanes; and Airbus SAS Model A340-642 and -
643 airplanes. Model A340-542 and -643 airplanes are not certified 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.
    This AD was prompted by the absence of a requirement to remove 
certain Emergency Procedures relating to the undue activation of Alpha 
Protection (Alpha Prot) in the existing AFM after accomplishing the AFM 
revision specified in AD 2014-25-52, Amendment 39-18066 (80 FR 3161, 
January 22, 2015) (``AD 2014-25-52''). The FAA is issuing this AD to 
address this condition, which, under certain conditions, could lead to 
the incorrect application of the procedure by the flight crew, possibly 
resulting in increased flight crew workload and consequent reduced 
control of the airplane. See the MCAI for additional background 
information.

Relationship Between This AD and AD 2014-25-52, AD 2016-12-15, 
Amendment 39-18564 (81 FR 40160, June 21, 2016) (``AD 2016-12-15''), 
and AD 2018-21-07, Amendment 39-19465 (83 FR 51825, October 15, 2018) 
(``AD 2018-21-07'')

    AD 2014-25-52 requires revising the AFM to incorporate procedures 
to advise the flight crew of emergency

[[Page 6742]]

procedures for abnormal Alpha Prot. AD 2016-12-15, requires, among 
other things, replacement of certain angle of attack (AOA) sensors with 
certain new AOA sensors to prevent erroneous AOA information and Alpha 
Prot activation due to blocked AOA probes. AD 2016-12-15 also allows 
the installation of certain alternative parts provided certain 
conditions are met. AD 2016-12-15 does not specify to remove the 
Emergency Procedures in the existing AFM after accomplishing the AOA 
replacement. AD 2018-21-07 requires upgrading certain flight control 
primary computer (FCPC) software standards, and did specify to remove 
the Emergency Procedures in the existing AFM after accomplishing the 
upgrade, but only for airplanes with a certain AOA configuration. This 
AD requires, for airplanes on which a certain modification is done, 
revising the AFM by removing Emergency Procedures relating to the undue 
activation of Alpha Prot from the existing AFM. Accomplishment of this 
AD on an airplane then terminates the AFM revision required by 
paragraph (g) of AD 2014-25-52 for that airplane only.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0312 describes procedures, for airplanes on which a 
certain modification (replacement of certain AOA sensors, and 
modification or replacement of software standards for certain FCPCs) is 
done, for revising the existing AFM by removing Emergency Procedures 
relating to the undue activation of Alpha Prot from the existing AFM. 
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

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to a bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD because the agency 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2019-0312 described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD and except as discussed under ``Differences Between This AD and 
the MCAI.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2019-0312 
will be incorporated by reference in the FAA final rule. This AD, 
therefore, requires compliance with EASA AD 2019-0312 in its entirety, 
through that incorporation, except for any differences identified as 
exceptions in the regulatory text of this 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 to 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 2019-0312 that is 
required for compliance with EASA AD 2019-0312 will be available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-1078 after the FAA final rule is published.

Differences Between This AD and the MCAI

    Where Table 1 of EASA AD 2019-0312 requires actions for ``Airbus 
A330 MRTT airplanes'' (Airbus SAS Model A330-200 airplanes that were 
modified in production by Airbus into a multi-role transport tanker 
(MRTT) configuration), these actions are not applicable to this AD 
since A330 MRTT airplanes are not certified by the FAA and are not 
included on the U.S. type certificate data sheet.
    Table 1 of EASA AD 2019-0312 references EASA AD 2019-0028, dated 
February 7, 2019 (``EASA AD 2019-0028'') for determining configuration. 
EASA AD 2019-0028 is applicable only to Airbus SAS Model A340 series 
airplanes. There are no U.S. registered Model A340 airplanes, so EASA 
AD 2019-0028 was added to the Required Airworthiness Actions List 
(RAAL). As a result, there is no corresponding FAA AD to EASA AD 2019-
0028, but U.S. operators are still required to show compliance with 
EASA AD 2019-0028 if they import an airplane that is affected by EASA 
AD 2019-0028.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because it has been determined that for airplanes on which a certain 
modification is done, the AFM procedure required by AD 2014-25-52 if 
not removed, could, under certain conditions, lead to the incorrect 
application of the procedure by the flight crew, possibly resulting in 
increased flight crew workload and consequent reduced control of the 
airplane. In addition, the removal of these AFM emergency procedures 
for applicable airplanes is relieving on the flight crew workload 
during an emergency situation. Therefore, the FAA finds good cause that 
notice and opportunity for prior public comment are impracticable. In 
addition, for the reasons stated above, the FAA finds that good cause 
exists for making this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites you to send any written relevant data, 
views, or arguments about this AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2019-1078; 
Product Identifier 2019-NM-207-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. The FAA will 
consider all comments received by the closing date and may amend this 
AD based on those comments.
    We will post all comments received, without change, to https://

[[Page 6743]]

www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this AD.

Costs of Compliance

    The FAA estimates that this AD affects 103 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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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1 work-hour x $85 per hour = $85.............................              $0              $85           $8,755
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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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    The FAA determined that this 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 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, and
    (2) Will not affect intrastate aviation in Alaska.

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 adding the following new airworthiness 
directive (AD):

2020-01-16 Airbus SAS: Amendment 39-19822; Docket No. FAA-2019-1078; 
Product Identifier 2019-NM-207-AD.

(a) Effective Date

    This AD becomes effective February 21, 2020.

(b) Affected ADs

    This AD affects AD 2014-25-52, Amendment 39-18066 (80 FR 3161, 
January 22, 2015) (``AD 2014-25-52'').

(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 A330-223F 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 A340-211, -212, and -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 34, Navigation.

(e) Reason

    This AD was prompted by the absence of a requirement to remove 
certain Emergency Procedures in the existing Aircraft Flight Manual 
(AFM) after accomplishing a certain modification. The FAA is issuing 
this AD to address this condition, which, under certain conditions, 
could lead to the incorrect application of the procedure by the 
flight crew, possibly resulting in increased flight crew workload 
and consequent reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2019-0312, dated December 20, 2019 (``EASA 
AD 2019-0312'').

(h) Exceptions to EASA AD 2019-0312

    (1) Where EASA AD 2019-0312 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0312 does not apply 
to this AD.
    (3) Where paragraph (1) of EASA AD references EASA Emergency AD 
2014-0267-E, for this AD use paragraph (g) of AD 2014-25-52, 
Amendment 39-18066 (80 FR 3161, January 22, 2015).
    (4) Where Table 1 of EASA AD 2019-0312 specifies paragraph (10) 
of EASA AD 2015-0134 for Airbus SAS Model A330 and Airbus SAS Model 
A340 airplane configurations, for this AD, use paragraph (m)(2) of 
AD 2016-12-15, Amendment 39-18564 (81 FR 40160, June 21, 2016).
    (5) Where Table 1 of EASA AD 2019-0312 specifies paragraph (1) 
and Table 2 of EASA AD 2017-0246R1 for Airbus SAS Model A330 
airplane configurations, for this AD, use paragraph (h) and Figure 1 
to paragraph (i) of AD 2018-21-07, Amendment 39-19465 (83 FR 51825, 
October 15, 2018).
    (6) Where Table 1 of EASA AD 2019-0312 requires actions for 
Airbus A330 MRTT aircraft, these actions are not applicable to this 
AD.

(i) Terminating Action for AD 2014-25-52

    Accomplishing the actions required by this AD on an airplane 
terminates all requirements of paragraph (g) of AD 2014-25-52 for 
that airplane only.

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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, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (k) 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.
    (i) 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.
    (ii) AMOC letter AIR-676-18-239, dated May 14, 2018, approved 
previously for AD 2014-25-52, is approved as AMOC for the 
corresponding provisions of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's 
EASA Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information 
referenced in EASA AD 2019-0312 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

    For more information about this AD, contact Vladimir Ulyanov, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 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 2019-0312, 
dated December 20, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0312, 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.
    (4) You may view this material at the FAA, Transport Standards 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. 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-
2019-1078.
    (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 January 16, 2020.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2020-02200 Filed 2-5-20; 8:45 am]
 BILLING CODE 4910-13-P