[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Proposed Rules]
[Pages 13578-13581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04724]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Proposed 
Rules  

[[Page 13578]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0197; Product Identifier 2019-NM-200-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2017-25-16, which applies to all Airbus SAS Model A330-200 Freighter, 
A330-200, A330-300, A340-200, A340-300, A340-500, and A340-600 series 
airplanes. AD 2017-25-16 requires repetitive inspections of certain 
fuel pumps for cavitation erosion, corrective action if necessary, and 
revision of the minimum equipment list (MEL). Since the FAA issued AD 
2017-25-16, the FAA has determined that the inspection area must be 
expanded, and Model A330-941 airplanes are also subject to the unsafe 
condition. This proposed AD would retain the requirements of AD 2017-
25-16, expand the inspection area, add certain maintenance actions, and 
expand the applicability, as specified in a European Union Aviation 
Safety Agency (EASA) AD, which will be incorporated by reference. The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by April 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 identified in this proposed AD that will be 
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email 
[email protected]; internet www.easa.europa.eu. You may find this IBR 
material on the EASA website at https://ad.easa.europa.eu. You may view 
this IBR material at the FAA, 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-2020-0197.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0197; 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, 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: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2020-0197; 
Product Identifier 2019-NM-200-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    The FAA issued AD 2017-25-16, Amendment 39-19130 (82 FR 58718, 
December 14, 2017) (``AD 2017-25-16''), which applied to all Airbus SAS 
Model A330-200 Freighter, A330-200, A330-300, A340-200, A340-300, A340-
500 and A340-600 series airplanes. The FAA issued AD 2017-25-16 to 
address cavitation erosion of certain fuel pumps, which could result, 
if the pump is running dry, in an ignition source in the fuel tank and 
consequent fuel tank explosion.

Actions Since AD 2017-25-16 Was Issued

    Since the FAA issued AD 2017-25-16, the FAA has determined that AD 
2017-25-16 must be superseded for the following reasons:
     The inspection area must be expanded to include location 
B, the collector cell, which is subject to the unsafe condition.
     Certain maintenance actions related to defueling and 
ground fuel transfer operations are also necessary for all affected 
airplanes.
     Model A330-941 airplanes, which were not in production at 
the time AD 2017-25-16 was issued, are also subject to the unsafe 
condition. The EASA, which is the Technical Agent for the Member States 
of the European Union, has issued EASA AD 2019-0291, dated November 29, 
2019 (``EASA AD 2019-0291'') (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, A330-200, 
A330-300, A330-900, A340-200, and A340-300 series, and A340-541, -542, 
-642, and -643 airplanes. EASA AD 2019-0291 supersedes EASA AD 2017-
0224 (which corresponds to FAA AD

[[Page 13579]]

2017-25-16). 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 proposed AD was prompted by reports of a fuel pump showing 
cavitation erosion that breached the fuel pump housing through the 
inlet webs and exposed the fuel pump power supply wires, and by new 
findings that suggest the need to expand the inspection area and the 
applicability. The FAA is proposing 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.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2017-25-16, this proposed AD would retain most of 
the requirements of AD 2017-25-16. Those requirements are referenced in 
EASA AD 2019-0291, which, in turn, is referenced in paragraph (g) of 
this proposed AD. The reporting requirement in AD 2017-25-16 is not 
included in this proposed AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0291 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, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which will be incorporated by reference.
    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 pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0291 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 2019-0291 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0291 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in the EASA AD. Service information specified 
in EASA AD 2019-0291 that is required for compliance with EASA AD 2019-
0291 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-0197 after the FAA 
final rule is published.

Interim Action

    The FAA considers this proposed AD interim action. The manufacturer 
is currently developing a modification that will address the unsafe 
condition identified in this AD. Once this modification is developed, 
approved, and available, the FAA might consider additional rulemaking.

Costs of Compliance

    The FAA estimates that this proposed AD affects 107 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2017-25-  Up to 4 work-hours               $0  Up to $340.........  Up to $36,380.
 16.                                x $85 per hour =
                                    Up to $340.
New proposed actions.............  Up to 68 work-hours              $0  Up to $5,780.......  Up to $618,460.
                                    x $85 per hour =
                                    Up to $5,780.
MEL revision.....................  1 workhour x $85 =               $0  $85................  $9,095.
                                    $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:

                 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.
------------------------------------------------------------------------


[[Page 13580]]

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2017-25-16, Amendment 39-19130 (82 FR 58718, December 14, 2017) (``AD 
2017-25-16''), and adding the following new AD:

Airbus SAS: Docket No. FAA-2020-0197; Product Identifier 2019-NM-
200-AD.

(a) Comments Due Date

    The FAA must receive comments by April 23, 2020.

(b) Affected ADs

    This AD replaces AD 2017-25-16, Amendment 39-19130 (82 FR 58718, 
December 14, 2017) (``AD 2017-25-16'').

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any 
category, and identified in paragraphs (c)(1) through (8) of this 
AD.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-941 airplanes.
    (4) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 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 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 new findings that suggest the need to expand the inspection 
area and the applicability. 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 
2019-0291, dated November 29, 2019 (``EASA AD 2019-0291'').

(h) Exceptions to EASA AD 2019-0291

    (1) Where EASA AD 2019-0291 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0291 does not apply 
to this AD.
    (3) Where EASA AD 2019-0291 refers to the master minimum 
equipment list (MMEL), this AD refers to the operator's minimum 
equipment list (MEL).
    (4) Where paragraph (1) of EASA AD 2019-0291 specifies a 
compliance time of ``Before an affected part exceeds 10,000 flight 
hours (FH) since first installation on an aeroplane,'' for this AD 
the compliance time is ``Before an affected pump exceeds 10,000 
flight hours since first installation on an airplane, or the 
applicable time specified in paragraph (h)(4)(i) or (ii) of this AD, 
whichever occurs later.''
    (i) For a center tank, rear center tank, or aft transfer fuel 
pump: Within 30 days after December 29, 2017 (the effective date of 
AD 2017-25-16).
    (ii) For a stand-by fuel pump: Within 40 days after December 29, 
2017 (the effective date of AD 2017-25-16).
    (5) Where EASA AD 2019-0291 refers to the ``effective date of 
EASA AD 2017-0224,'' this AD requires using ``December 29, 2017 (the 
effective date of AD 2017-25-16).''

(i) 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 (j)(2) of this AD. Information 
may be emailed to: [email protected].
    (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) AMOCs approved previously for AD 2017-25-16 are approved as 
AMOCs for the corresponding provisions of EASA AD 2019-0291 that are 
required by paragraph (g) 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 2019-0291 that contains RC procedures and 
tests: Except as required by paragraph (i)(2) of this AD, RC 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

[[Page 13581]]

(j) Related Information

    (1) For information about EASA AD 2019-0291, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email [email protected]; internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, 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-2020-0197.
    (2) 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].

    Issued on March 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-04724 Filed 3-6-20; 8:45 am]
 BILLING CODE 4910-13-P