[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Proposed Rules]
[Pages 43503-43506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15334]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0583; Product Identifier 2020-NM-071-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-14-09, which applies to all Airbus SAS Model A330-200 Freighter
series airplanes. AD 2019-14-09 requires repetitive detailed
inspections, including functional testing, of the oxygen crew and
courier distribution system (OCCDS) and replacement of affected part(s)
if necessary. Since the FAA issued AD 2019-14-09, the FAA has
determined that all affected parts must be replaced with improved
flexible oxygen hoses in order to address the unsafe condition. This
proposed AD would retain the requirements of AD 2019-14-09 and require
replacement of all affected parts with improved serviceable parts,
which is terminating action for the repetitive inspections, 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 31,
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, 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-2020-0583.
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-
0583; 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-2020-0583;
Product Identifier 2020-NM-071-AD'' at the beginning of your comments.
The most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. The FAA will consider all comments received by the closing date
and may amend this NPRM based on those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact received about this NPRM.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this NPRM. Submissions containing
CBI should be sent to Vladimir Ulyanov, Aerospace Engineer, Large
Aircraft Section, International Validation
[[Page 43504]]
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198. Any commentary
that the FAA receives which is not specifically designated as CBI will
be placed in the public docket for this rulemaking.
Discussion
The FAA issued AD 2019-14-09, Amendment 39-19687 (84 FR 37957,
August 5, 2019) (``AD 2019-14-09''), which applies to all Airbus SAS
Model A330-200 Freighter series airplanes. AD 2019-14-09 requires
repetitive detailed inspections, including functional testing, of the
OCCDS and replacement of affected part(s) if necessary. The FAA issued
AD 2019-14-09 to address cracked oxygen hoses. This condition, if not
addressed, could lead to oxygen leakage in the flexible hose of the
OCCDS, which, in combination with inflight depressurization, smoke in
the flight deck, or a smoke evacuation procedure, could result in crew
injury and reduced control of the airplane.
Actions Since AD 2019-14-09 Was Issued
Since AD 2019-14-09 was issued, improved flexible oxygen hoses were
developed, and Airbus issued additional service information providing
instructions for modifying an airplane by replacing all affected parts
with improved flexible oxygen hoses.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0092, dated April 24, 2020
(``EASA AD 2020-0092'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A330-223F and A330-243F
airplanes. EASA AD 2020-0092 supersedes EASA AD 2019-0027, dated
February 4, 2019 (``EASA AD 2019-0027'') (which corresponds to FAA AD
2019-14-09).
EASA AD 2020-0092 clarified the applicability by identifying
airplanes having certain serial numbers instead of specifying all
airplanes because it was determined that only airplanes having serial
numbers identified in Airbus Service Bulletin A330-35-3054, dated
September 25, 2018 (which was referred to as the appropriate source of
service information for accomplishing the actions specified in EASA AD
2019-0027) are affected by the unsafe condition. The applicability of
EASA AD 2020-0092 refers to the same serial numbers as those specified
in Airbus Service Bulletin A330-35-3054, dated September 25, 2018.
This proposed AD was prompted by reports of cracked flexible hoses
of the OCCDS on Model A330 freighter airplanes and the FAA's
determination that all affected parts must be replaced with improved
flexible oxygen hoses in order to address the unsafe condition. The FAA
is proposing this AD to address cracked oxygen hoses. This condition,
if not addressed, could lead to oxygen leakage in the flexible hose of
the OCCDS, which, in combination with in-flight depressurization, smoke
in the flight deck, or a smoke evacuation procedure, could result in
crew injury and reduced control 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 2019-14-09, this proposed AD would retain all of the
requirements of AD 2019-14-09. Those requirements are referenced in
EASA AD 2020-0092, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0092 describes procedures for repetitive detailed
inspections, including functional testing, of the OCCDS, replacement of
affected part(s) if necessary, and modification of the airplane by
replacing all remaining affected parts with improved serviceable parts.
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 our 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 2020-0092 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 2020-0092 will be incorporated by reference in
the FAA final rule. This proposed AD would, therefore, require
compliance with EASA AD 2020-0092 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 2020-0092 that is
required for compliance with EASA AD 2020-0092 will be available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0583 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 6 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:
Estimated Costs for Required Actions
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Retained actions from AD 2019-14- 14 work-hours x $85 $0 $1,190.................. $7,140
09. per hour = $1,190.
[[Page 43505]]
New proposed actions............. Up to 26 work-hours 9,800 Up to $12,010........... 72,060
x $85 per hour =
$2,210.
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According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in our cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) 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)
2019-14-09, Amendment 39-19687 (84 FR 37957, August 5, 2019), and
adding the following new AD:
Airbus SAS: Docket No. FAA-2020-0583; Product Identifier 2020-NM-
071-AD.
(a) Comments Due Date
The FAA must receive comments by August 31, 2020.
(b) Affected ADs
This AD replaces AD 2019-14-09, Amendment 39-19687 (84 FR 37957,
August 5, 2019) (``AD 2019-14-09'').
(c) Applicability
This AD applies to Airbus SAS Model A330-223F and -243F
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2020-0092, dated April 24,
2020 (``EASA AD 2020-0092'').
(d) Subject
Air Transport Association (ATA) of America Code 35, Oxygen.
(e) Reason
This AD was prompted by reports of cracked flexible hoses of the
oxygen crew and courier distribution system (OCCDS) on Model A330
freighter airplanes. The FAA is proposing this AD to address cracked
oxygen hoses. This condition, if not addressed, could lead to oxygen
leakage in the flexible hose of the OCCDS, which, in combination
with in-flight depressurization, smoke in the flight deck, or a
smoke evacuation procedure, could result in crew injury and 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 2020-0092.
(h) Exceptions to EASA AD 2020-0092
(1) Where EASA AD 2020-0092 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2020-0092 refers to February 18, 2019 (the
effective date of EASA AD 2019-0027), this AD requires using
September 9, 2019 (the effective date of AD 2019-14-09).
(3) The ``Remarks'' section of EASA AD 2020-0092 does not apply
to this AD.
(i) 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 (j)(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 2020-0092 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
[[Page 43506]]
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.
(j) Related Information
(1) For information about EASA AD 2020-0092, 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 the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0583.
(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 July 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-15334 Filed 7-16-20; 8:45 am]
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