[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Rules and Regulations]
[Pages 54900-54902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19390]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0456; Product Identifier 2020-NM-053-AD; Amendment 
39-21221; AD 2020-17-16]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A330-202, -203, -223, -243, -301, -321, -322, 
-323, -341, -342, and -343 airplanes; and Model A340-200 and -300 
series airplanes. This AD was prompted by a report indicating that the 
allowable load limits on the vertical tail plane could be reached and 
possibly exceeded in cases of multiple rudder doublet inputs. This AD 
requires upgrading the flight control data concentrator (FCDC), 
associated flight control primary computer (FCPC), and flight warning 
computer (FWC), and activation of the stop rudder input aural warning 
(SRIW) device, 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 is effective October 8, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 8, 
2020.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; 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-2020-0456.

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-
0456; 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 final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

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:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0077, dated March 31, 2020 
(``EASA AD 2020-0077'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A330-202, -203, -223, -243, -
301, -321, -322, -323, -341, -342, and -343 airplanes; and Model A340-
211, -212, -213, -311, -312, and -313 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus SAS 
Model A330-202, -203, -223, -243, -301, -321, -322, -323, -341, -342, 
and -343 airplanes; and Model A340-211, -212, -213, -311, -312, and -
313 airplanes. The NPRM published in the Federal Register on May 22, 
2020 (85 FR 31083). The NPRM was prompted by a report indicating that 
the allowable load limits on the vertical tail plane could be reached 
and possibly exceeded in cases of multiple rudder doublet inputs. The 
NPRM proposed to require upgrading the FCDC, associated FCPC, and FWC, 
and activation of the SRIW device, as specified in EASA AD 2020-0077.
    The FAA is issuing this AD to address cases of multiple rudder 
doublet inputs, which could lead to excessive load on the vertical tail 
plane and a subsequent loss of control of the airplane. See the MCAI 
for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Supportive Comment

    Air Line Pilots Association, International (ALPA), indicated its 
support for the NPRM.

Request To Revise Applicability Paragraph

    Delta Air Lines requested revising the Applicability paragraph 
(paragraphs (c)(1) through (4) of this AD) to add the phrase ``except 
those that have embodied Airbus modification 49144.'' Delta noted that 
the phrase is in EASA AD 2020-0077. Delta suggested that including the 
phrase in paragraph (c) of the NPRM would allow a definitive 
determination of whether an airplane is affected, without reading EASA 
AD 2020-0077.
    The FAA disagrees with the commenter's request. Paragraph (c) of 
this AD states the airplane models as identified in EASA AD 2020-0077. 
EASA AD 2020-0077 states in their applicability statement that 
airplanes on which Airbus modification 49144 has been embodied are 
excluded from the requirements. In the interest of streamlining the 
process for this AD and to minimize the potential for errors, the FAA 
has used incorporation by reference, the process which allows the FAA 
to refer to material published elsewhere without republishing that 
material in this AD or the Federal Register. Because EASA AD 2020-0077 
is incorporated by reference in this AD under 1 CFR part 51, referring 
to the document itself is the same as specifically stating the language 
used in the Applicability section of EASA AD 2020-0077 directly in this 
AD.

[[Page 54901]]

Therefore it is not necessary to restate that language directly in this 
AD. This is similar to the FAA's process of referencing serial numbers 
of airplanes that are identified in service information that is 
incorporated by reference in an AD instead of listing those numbers 
directly in the AD. No change has been made to this AD.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0077 describes procedures for upgrading the FCDC, 
associated FCPC, and FWC, and activation of the SRIW device. 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.

Costs of Compliance

    The FAA estimates that this AD affects 10 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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              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
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Up to 10 work-hours x $85 per hour =   Up to $31,038..........  Up to $31,888..........  Up to $318,880.
 $850.
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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.

Regulatory Findings

    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,
    (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.

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):

2020-17-16 Airbus SAS: Amendment 39-21221; Docket No. FAA-2020-0456; 
Product Identifier 2020-NM-053-AD.

(a) Effective Date

    This AD is effective October 8, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model airplanes identified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2020-0077, dated March 31, 2020 (``EASA AD 2020-0077'').
    (1) Model A330-202, -203, -223, and -243 airplanes.
    (2) Model A330-301, -321, -322, -323, -341, -342, and -343 
airplanes.
    (3) Model A340-211, -212, and -213 airplanes.
    (4) Model A340-311, -312, and -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Reason

    This AD was prompted by a report indicating that the allowable 
load limits on the vertical tail plane could be reached and possibly 
exceeded in cases of multiple rudder doublet inputs. The FAA is 
issuing this AD to address cases of multiple rudder doublet inputs, 
which could lead to excessive load on the vertical tail plane and a 
subsequent loss of 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 2020-0077.

(h) Exceptions to EASA AD 2020-0077

    (1) Where EASA AD 2020-0077 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0077 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) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your 
appropriate

[[Page 54902]]

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 2020-0077 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.

(j) Related Information

    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].

(k) 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 2020-0077, 
dated March 31, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0077, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; 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, 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-2020-0456.
    (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 August 14, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-19390 Filed 9-2-20; 8:45 am]
BILLING CODE 4910-13-P