[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Rules and Regulations]
[Pages 69129-69131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24099]


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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; Amendment 
39-21291; AD 2020-21-18]
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) 2019-14-
09, which applied to all Airbus SAS Model A330-200 Freighter series 
airplanes. AD 2019-14-09 required repetitive detailed inspections, 
including functional testing, of the oxygen crew and courier 
distribution system (OCCDS) and replacement of affected part(s) if 
necessary. This AD retains the requirements of AD 2019-14-09 and 
requires 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 issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective December 7, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 7, 
2020.

ADDRESSES: For the 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-2020-0583.

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 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 2020-0092, 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 superseded EASA AD 2019-0027, dated 
February 4, 2019 (``EASA AD 2019-0027'') (which corresponds to FAA AD 
2019-14-09, Amendment 39-19687 (84 FR 37957, August 5, 2019) (``AD 
2019-14-09'')).
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-14-09.

[[Page 69130]]

AD 2019-14-09 applied to all Airbus SAS Model A330-200 Freighter series 
airplanes. The NPRM published in the Federal Register on July 17, 2020 
(85 FR 43503). The NPRM 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 
NPRM proposed to 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 EASA AD 2020-0092.
    The FAA is issuing 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.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data 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 2020-0092 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.

Costs of Compliance

    The FAA estimates that this AD affects 6 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 on U.S.
             Action                     Labor cost          Parts cost     Cost per  product       operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2019-   14 work-hours x $85 per              $0  $1,190............  $7,140.
 14-09.                           hour = $1,190.
New actions....................  Up to 26 work-hours x            $9,800  Up to $12,010.....  Up to $72,060.
                                  $85 per hour = Up to
                                  $2,210.
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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 the 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
    (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) 2019-14-09, Amendment 39-19687 
(84 FR 37957, August 5, 2019), and
0
b. Adding the following new AD:

2020-21-18 Airbus SAS: Amendment 39-21291; Docket No. FAA-2020-0583; 
Product Identifier 2020-NM-071-AD.

(a) Effective Date

    This AD is effective December 7, 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

[[Page 69131]]

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, dated February 4, 2019), 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 responsible Flight 
Standards 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 
responsible Flight Standards 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 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 
December 7, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0092, 
dated April 24, 2020.
    (ii) [Reserved]
    (4) For EASA AD 2020-0092, 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-2020-0583.
    (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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 8, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-24099 Filed 10-30-20; 8:45 am]
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