[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Proposed Rules]
[Pages 39110-39113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14018]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0484; Product Identifier 2020-NM-051-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A340-
200, A340-300, A340-500, and A340-600 series airplanes. This proposed 
AD was prompted by a report that an airplane failed to extend its nose 
landing gear (NLG) using the free fall method, due to loss of the green 
hydraulic system. This proposed AD would require repetitive tests of 
affected free fall actuators (FFA), and replacement of any affected FFA 
with a serviceable FFA, as specified in a European Union Aviation 
Safety Agency (EASA) AD, which will be incorporated by reference. The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by August 14, 
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 
221 89990 1000; email [email protected]; internet www.easa.europa.eu. 
You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195. It is also available in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2019-0484.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0484; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0484; 
Product Identifier 2020-NM-051-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments the FAA receives, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact the FAA receives about this NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0076, dated March 30, 2020 
(``EASA AD 2020-0076'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A330-200, A330-200 Freighter, A330-
300, A340-200, and A340-300 series airplanes; Model A340-541 and -542 
airplanes,

[[Page 39111]]

and Model A340-642 and -643 airplanes. Airbus SAS Model A340-542 and 
A340-643 airplanes are not certified by the FAA and are not included on 
the U.S. type certificate data sheet; this proposed AD therefore does 
not include those airplanes in the applicability.
    This proposed AD was prompted by a report that an airplane failed 
to extend its NLG using the free fall method, due to loss of the green 
hydraulic system. Investigation results identified that the magnets on 
certain FFAs were found detached on both electrical motors. The FAA is 
proposing this AD to address detached magnets on both electrical motors 
of the FFAs, which could prevent landing gear extension by the free 
fall method, possibly resulting in loss of control of the airplane 
after landing. See the MCAI for additional background information.
    The FAA issued a related NPRM and supplemental NPRM (SNPRM) that 
proposed to amend 14 CFR part 39 by adding an AD that would apply to 
all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A340-200, 
A340-300, A340-500, and A340-600 series airplanes. The related NPRM 
published in the Federal Register on June 26, 2019 (84 FR 30055). The 
related SNPRM published in the Federal Register on January 21, 2020 (85 
FR 3279). The related NPRM and SNPRM were also prompted by a report 
that an airplane failed to extend its NLG using the free fall method, 
due to loss of the green hydraulic system. Since the related SNPRM was 
issued, Airbus and the FAA determined that any affected FFA must be 
replaced. In light of these changes, the FAA has withdrawn the related 
SNPRM as of June 8, 2020 (85 FR 34655), which intended to also withdraw 
the proposals in the NPRM published on June 26, 2019 (84 FR 30055). The 
FAA is now issuing this new NPRM for public comment.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0076 describes procedures for repetitive tests of 
affected FFAs and replacement of any affected FFA that fails a test 
with a serviceable FFA. EASA AD 2020-0076 also describes procedures for 
replacement of all affected FFAs, which terminates the repetitive 
tests. This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

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

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0076 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2020-0076 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0076 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in the EASA AD. Service information specified 
in EASA AD 2020-0076 that is required for compliance with EASA AD 2020-
0076 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2019-0484 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 113 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
4 work[dash]hours x $85 per hour = $340......................             $0*             $340          $38,420
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the
  replacements specified in this proposed AD.

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170....             $0*             $170
------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency
  to provide parts cost estimates for the on-condition replacements
  specified in this proposed AD.


[[Page 39112]]

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Airbus SAS: Docket No. FAA-2019-0484; Product Identifier 2020-NM-
051-AD.

(a) Comments Due Date

    The FAA must receive comments by August 14, 2020.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Reason

    This AD was prompted by a report that an airplane failed to 
extend its nose landing gear (NLG) using the free fall method, due 
to loss of the green hydraulic system. The FAA is issuing this AD to 
address detached magnets on both electrical motors of the free fall 
actuators (FFAs), which could prevent landing gear extension by the 
free fall method, possibly resulting in loss of control of the 
airplane after landing.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2020-0076, dated March 30, 2020 (``EASA AD 2020-0076'').

(h) Exceptions to EASA AD 2020-0076

    (1) Where EASA AD 2020-0076 refers to its effective date or the 
effective date of EASA AD 2019-0063 or the effective date of EASA AD 
2019-0164, this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0076 does not apply 
to this AD.
    (3) Where paragraph (3) of EASA AD 2020-0076 specifies credit 
for certain tasks ``provided the continuity test specified in A330 
AMM [Aircraft Maintenance Manual] task 32-33-00-710-809, or A340 AMM 
task 32-33-00-710-806, as applicable, is accomplished 
concurrently,'' this AD provides credit ``provided the continuity 
test is accomplished concurrently in accordance with the 
instructions of an FAA-approved maintenance or inspection program.''

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0076 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the Large Aircraft Section, International Validation 
Branch, send it to the attention of the person identified in 
paragraph (k)(2) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify 
your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or Airbus 
SAS's EASA Design Organization Approval (DOA). If approved by the 
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information 
referenced in EASA AD 2020-0076 that contains RC procedures and 
tests: Except as required by paragraph (j)(2) of this AD, RC 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(k) Related Information

    (1) For information about EASA AD 2020-0076, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email [email protected]; internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195. This material may be 
found in the AD docket on

[[Page 39113]]

the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2019-0484.
    (2) For more information about this AD, contact Vladimir 
Ulyanov, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3229; email [email protected].

    Issued on June 23, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-14018 Filed 6-29-20; 8:45 am]
BILLING CODE 4910-13-P