[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Rules and Regulations]
[Pages 63438-63440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22235]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0348; Product Identifier 2020-NM-054-AD; Amendment 
39-21271; AD 2020-20-15]
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, -223F, -243, -243F, -
302, -303, -323, -343, and -941 airplanes; and Model A340-313, -541, 
and -642 airplanes. This AD was prompted by the results of laboratory 
tests on non-rechargeable lithium batteries installed in emergency 
locator transmitters (ELTs), which highlighted a lack of protection 
against currents of 28 volts DC or 115 volts AC that could lead to 
thermal runaway and a battery fire. This AD requires modifying a 
certain ELT by installing a diode between the ELT and the terminal 
block, 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 November 12, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 12, 
2020.

ADDRESSES: For 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-2020-0348.

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-
0348; 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 2020-0083, dated April 3, 2020 
(``EASA AD 2020-0083'') (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, -223F, -
243, -243F, -302, -303, -323, -343, and -941 airplanes; and Model A340-
313, -541, and -642 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, -223F, -243, -243F, -302, -303, -323, -343, 
and -941 airplanes; and Model A340-313, -541, and -642 airplanes. The 
NPRM published in the Federal Register on May 6, 2020 (85 FR 26896). 
The NPRM was prompted by the results of laboratory tests on non-
rechargeable lithium batteries installed in ELTs, which highlighted a 
lack of protection against currents of 28 volts DC or 115 volts AC that 
could lead to thermal runaway and a battery fire. The NPRM proposed to 
require modifying a certain ELT by installing a diode between the ELT 
and the terminal block, as specified in EASA AD 2020-0083.

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.

Request To Allow Any Color and Width of Tape

    Delta Air Lines (DAL) requested that operators be allowed to use 
any color and width of reinforced silicon tape, instead of part number 
(P/N) ASNA51072503, to protect the wiring in the area where the diode 
is secured to the harness. The commenter explained that P/N 
ASNA51072503 is specified in Airbus Service Bulletin A330-25-3733 
(``Airbus Service Bulletin A330-25-3733''), and is for the 1-inch 
orange reinforced silicon tape under the ASNA5107 standard (which is an 
aerospace industry standard for a silicone rubber tape). The commenter 
requested approval to use any color and width of reinforced silicon 
tape meeting

[[Page 63439]]

the specifications of the broader ASNA5107 standard. The commenter 
explained that the specified reinforced silicon tape has a shelf-life, 
and it would be beneficial to operators if they were given the 
flexibility to use any color and width of reinforced silicon tape if 
the reinforced silicon tape is needed to be replaced during 
maintenance.
    The FAA does not agree with the commenter's request. The commenter 
did not provide sufficient justification for the use of any color and 
width of reinforced silicon tape meeting the specifications of the 
broader ASNA5107 standard. The FAA is not aware of the airworthiness 
quality of other reinforced silicon tapes under specification ASNA5107. 
Furthermore, all self-adhesive tapes under the ASNA5107 standard, and 
their alternatives, have limited shelf lives. The reinforced silicon 
tape having P/N ASNA51072503 is included in the parts kit specified in 
Airbus Service Bulletin A330-25-3733 and will be delivered to 
operators. Airbus, as the Design Approval Holder (DAH), may authorize 
using alternate materials, which may be included in revised Airbus 
service information. Operators may, however, request alternative 
methods of compliance to use reinforced silicone tape other than P/N 
ASNA51072503 by following the procedures specified in paragraph (i)(1) 
of this AD and demonstrating how this alternative addresses the unsafe 
condition. The FAA has not revised this AD in regard to this issue.

Request To Allow an Alternative Continuity Check

    In addition, DAL requested and provided an option to replace Step 
3.C.(h) specified in Airbus Service Bulletin A330-25-3733. The 
commenter explained that Step 3.C.(h) in Airbus Service Bulletin A330-
25-3733 requires a continuity test of the modified wiring and provides 
no specific steps for this test other than referencing Electrical 
Standard Practices Manual (ESPM) section 20-52-21. The commenter noted 
that although this ESPM section does provide basic continuity 
procedures, it fails to provide a procedure for a wire with a diode 
installed.
    The FAA disagrees with the commenter's request. The FAA has 
determined that the procedures described in ESPM section 20-52-21 
provide an adequate method for performing a continuity test using a 
standard multimeter. When placing the multimeter probes in the correct 
position, the operator is instructed to refer to the wiring schematic 
within Airbus Service Bulletin A330-25-3733, which provides the 
necessary procedures for a wire with a diode installed. In addition, 
anode/cathode polarization is depicted on the diode's housing. 
Furthermore, Airbus Service Bulletin A330-25-3733 specifies that after 
the wiring modification is done, a built-in test equipment (BITE) test 
of the ELT should be performed. The BITE test is also adequate to 
reveal an incorrectly installed diode.
    In addition, the commenter did not provide justification regarding 
how its proposed procedure would maintain the airworthiness of the 
airplane. Operators may, however, request alternative methods of 
compliance to replace Step 3.C.(h) specified in Airbus Service Bulletin 
A330-25-3733 by using the procedures described in paragraph (i)(1) of 
this AD and demonstrating how this alternative addresses the unsafe 
condition. The FAA has not changed this AD regarding this issue.

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 2020-0083 describes procedures for modifying a certain ELT 
by installing a diode between the ELT and the terminal block. 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 12 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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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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3 work-hours x $85 per hour = $255...........................            $460             $715           $8,580
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    According to the manufacturer, some or all of the costs of this 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

    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

[[Page 63440]]

    (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):

2020-20-15 Airbus SAS: Amendment 39-21271; Docket No. FAA-2020-0348; 
Product Identifier 2020-NM-054-AD.

(a) Effective Date

    This AD is effective November 12, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (7) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2020-0083, dated April 3, 2020 (``EASA AD 2020-0083'').
    (1) Model A330-202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-302, -303, -323, and -343 airplanes.
    (4) Model A330-941 airplanes.
    (5) Model A340-313 airplanes.
    (6) Model A340-541 airplanes.
    (7) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Reason

    This AD was prompted by the results of laboratory tests on non-
rechargeable lithium batteries installed in emergency locator 
transmitters (ELTs), which highlighted a lack of protection against 
currents of 28 volts DC or 115 volts AC that could lead to thermal 
runaway and a battery fire. The FAA is issuing this AD to address 
local (temporary) fires in non-rechargeable lithium batteries 
installed in ELTs, which could result in damage to the airplane and 
injury to occupants.

(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 2020-0083.

(h) Exceptions to EASA AD 2020-0083

    (1) Where EASA AD 2020-0083 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0083 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 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 2020-0083 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 2020-0083, 
dated April 3, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0083, 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-2020-0348.
    (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 September 24, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-22235 Filed 10-7-20; 8:45 am]
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