[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Rules and Regulations]
[Pages 64963-64966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22625]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0197; Product Identifier 2019-NM-200-AD; Amendment 
39-21278; AD 2020-21-05]
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 superseding Airworthiness Directive (AD) 2017-25-
16, which applied to all Airbus SAS Model A330-200 Freighter, A330-200, 
A330-300, A340-200, A340-300, A340-500, and A340-600 series airplanes. 
AD 2017-25-16 required repetitive inspections of certain fuel pumps for 
cavitation erosion, corrective action if necessary, and revision of the 
minimum equipment list (MEL). This AD continues to require those 
actions, and also requires expanding the inspection area, adding 
certain maintenance actions, and expanding the applicability, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. This AD was prompted by reports of a fuel 
pump showing cavitation erosion that exposed the fuel pump power supply 
wires, and by new findings that suggest the need to expand the 
inspection area and the applicability. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective November 18, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 18, 
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-2020-0197.

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-
0197; 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 2019-0291R1, dated March 4, 2020 
(``EASA AD 2019-0291R1'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A330-200 Freighter, A330-200, A330-
300, A330-900, A340-200, and A340-300 series airplanes; and Model A340-
541, -542, -642, and -643 airplanes. EASA AD 2019-0291R1 supersedes 
EASA AD 2017-0224, dated November 10, 2017 (which corresponds to FAA AD 
2017-25-16, Amendment 39-19130 (82 FR 58718, December 14, 2017) (``AD 
2017-25-16'')). Model A340-542 and -643 airplanes are not certified by 
the FAA and are not included on the U.S. type certificate data sheet; 
this AD therefore does not include those airplanes in the 
applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-25-16. AD 2017-25-16 applied to all 
Airbus Model A330-200, A330-200 Freighter, and A330-300 series 
airplanes; and Airbus Model A340-200, A340-300, A340-500, and A340-600 
series airplanes. The NPRM published in the Federal Register on March 
9, 2020 (85 FR 13578). The NPRM was prompted by reports of a fuel pump 
showing cavitation erosion that exposed the fuel pump power supply 
wires, and by new findings that suggest the need to expand

[[Page 64964]]

the inspection area and the applicability. The NPRM proposed to 
continue to require repetitive inspections of certain fuel pumps for 
cavitation erosion, corrective action if necessary, and revision of the 
MEL, as specified in an EASA AD. The NPRM also proposed to require 
expanding the inspection area, adding certain maintenance actions, and 
expanding the applicability, as specified in an EASA AD.
    The FAA is issuing this AD to address fuel pump erosion caused by 
cavitation. If this condition is not addressed, a pump running dry 
could result in a fuel tank explosion and consequent loss 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.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) expressed 
support for the proposed AD.

Request To Require Revised EASA AD

    Delta Air Lines (DAL) requested that the FAA revise paragraph (g) 
of the proposed AD to require compliance with EASA AD 2019-0291R1, 
dated March 4, 2020, rather than EASA AD 2019-0291, dated November 29, 
2019. DAL observed that while the NPRM was being prepared, EASA 
published the revised AD.
    The FAA agrees with the commenter's request. Since the NPRM was 
issued, EASA issued EASA AD 2019-0291R1, which corrects and clarifies 
some aspects, particularly repair (not overhaul) of affected parts 
using the instructions of Eaton Aerospace CMM 28-21-55 (housing 
replaced). The FAA has determined that no additional work is required 
for airplanes that have accomplished the actions specified in EASA AD 
2019-0291. Therefore, the FAA has revised this final rule to specify 
EASA AD 2019-0291R1.

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 with the changes described previously 
and 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.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0291R1 describes procedures for repetitive inspections 
of all affected parts, replacement if necessary, updating the 
applicable Master Minimum Equipment List (MMEL), and certain 
maintenance actions related to defueling and ground fuel transfer 
operations 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.

Interim Action

    The FAA considers this AD interim action. The manufacturer is 
currently developing a modification that will address the unsafe 
condition identified in this AD. Once this modification is developed, 
approved, and available, the FAA might consider additional rulemaking.

Costs of Compliance

    The FAA estimates that this AD affects 107 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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             Action                  Labor cost       Parts cost     Cost per product    Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2017-   Up to 4 work-                  $0  Up to $340.......  Up to $36,380.
 25-16.                           hours x $85 per
                                  hour = Up to
                                  $340.
New actions....................  Up to 68 work-                  0  Up to $5,780.....  Up to $618,460.
                                  hours x $85 per
                                  hour = Up to
                                  $5,780.
MEL revision...................  1 workhour x $85                0  $85..............  $9,095.
                                  = $85.
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    The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
          Labor cost              Parts cost         Cost per product
------------------------------------------------------------------------
Up to 126 work-hours x $85     Up to $173,680..  Up to $184,390.
 per hour = Up to $10,710.
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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.

[[Page 64965]]

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:
0
a. Removing Airworthiness Directive (AD) 2017-25-16, Amendment 39-19130 
(82 FR 58718, December 14, 2017); and
0
b. Adding the following new AD:

2020-21-05 Airbus SAS: Amendment 39-21278; Docket No. FAA-2020-0197; 
Product Identifier 2019-NM-200-AD.

(a) Effective Date

    This AD is effective November 18, 2020.

(b) Affected ADs

    This AD replaces AD 2017-25-16, Amendment 39-19130 (82 FR 58718, 
December 14, 2017) (``AD 2017-25-16'').

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any 
category, as identified in paragraphs (c)(1) through (8) of this AD.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-941 airplanes.
    (4) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (5) Model A340-211, -212, and -213 airplanes.
    (6) Model A340-311, -312, and -313 airplanes.
    (7) Model A340-541 airplanes.
    (8) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports of a fuel pump showing 
cavitation erosion that exposed the fuel pump power supply wires, 
and by new findings that suggest the need to expand the inspection 
area and the applicability. The FAA is issuing this AD to address 
fuel pump erosion caused by cavitation. If this condition is not 
addressed, a pump running dry could result in a fuel tank explosion 
and consequent loss 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, European Union Aviation Safety Agency (EASA) AD 
2019-0291R1, dated March 4, 2020 (``EASA AD 2019-0291R1'').

(h) Exceptions to EASA AD 2019-0291R1

    (1) Where EASA AD 2019-0291R1 refers to ``the effective date of 
the original issue of this AD,'' this AD requires using the 
effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0291R1 does not 
apply to this AD.
    (3) Where EASA AD 2019-0291R1 refers to the master minimum 
equipment list (MMEL), this AD refers to the operator's minimum 
equipment list (MEL).
    (4) Where paragraph (1) of EASA AD 2019-0291R1 specifies a 
compliance time of ``Before an affected part exceeds 10,000 flight 
hours (FH) since first installation on an aeroplane, or since Eaton 
Aerospace CMM 28-21-55 repair (housing replaced),'' for this AD the 
compliance time is ``Before an affected pump exceeds 10,000 flight 
hours since first installation on an airplane, or the applicable 
time specified in paragraph (h)(4)(i) or (ii) of this AD, whichever 
occurs later.''
    (i) For a center tank, rear center tank, or aft transfer fuel 
pump: Within 30 days after December 29, 2017 (the effective date of 
AD 2017-25-16).
    (ii) For a stand-by fuel pump: Within 40 days after December 29, 
2017 (the effective date of AD 2017-25-16).
    (5) Where EASA AD 2019-0291R1 refers to the ``effective date of 
EASA AD 2017-0224,'' this AD requires using ``December 29, 2017 (the 
effective date of AD 2017-25-16).''
    (6) Where EASA AD 2019-0291R1 specifies a compliance time of 
``after 13 December 2019 [the effective date of the original issue 
of this AD],'' this AD requires using the effective date of 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].
    (i) 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.
    (ii) AMOCs approved previously for AD 2017-25-16 are approved as 
AMOCs for the corresponding provisions of EASA AD 2019-0291R1 that 
is required by paragraph (g) of this AD.
    (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 2019-0291R1 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.
    (3) The following service information was approved for IBR on 
November 18, 2020.

[[Page 64966]]

    (i) European Union Aviation Safety Agency (EASA) AD 2019-0291R1, 
dated March 4, 2020.
    (ii) [Reserved]
    (4) For EASA AD 2019-0291R1, 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.
    (5) 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-2020-0197.
    (6) 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 October 1, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-22625 Filed 10-13-20; 8:45 am]
BILLING CODE 4910-13-P