[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]


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

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).

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

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
----------------------------------------------------------------------------------------------------------------
                                                                                                   Cost on U.S.
              Action                    Labor cost        Parts cost        Cost per product         operators
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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]
BILLING CODE 4910-13-P