[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10787-10790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03594]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0673; Product Identifier 2020-NM-076-AD; Amendment 
39-21395; AD 2021-02-12]
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 all 
Airbus SAS Model A330-200 series airplanes, Model A330-200 Freighter 
series airplanes, Model A330-300 series airplanes, Model A330-900 
series airplanes, Model A340-200 series airplanes, Model A340-300 
series airplanes, Model A340-500 series airplanes, Model A340-600 
series airplanes, Model A380-800 series airplanes; and Model A350-941 
and -1041 airplanes. This AD was prompted by a report of a quality 
issue with a certain repair method of damage-through honeycomb core 
cargo linings by speed patches applied to both sides. This AD requires 
repair of each affected part, or replacement with a serviceable part, 
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 March 30, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 30, 
2021.

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-2020-0673.

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-
0673; 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: Dan Rodina, Aerospace Engineer, Large 
Aircraft Section, International Validation Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3225; 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 2020-100R1, dated November 4, 2020 
(EASA AD 2020-100R1) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus SAS Model A330-200 series airplanes, Model A330-200 
Freighter series airplanes, Model A330-300 series airplanes, Model 
A330-900 series airplanes, Model A340-200 series airplanes, Model A340-
300 series airplanes, Model A340-500 series airplanes, Model A340-600 
series airplanes, Model A380-800 series airplanes; and Model A350-941 
and -1041 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus SAS Model 
A330-200 series airplanes, Model A330-200 Freighter series airplanes, 
Model A330-300 series airplanes, Model A330-900 series airplanes, Model 
A340-200 series airplanes, Model A340-300 series airplanes, Model A340-
500 series airplanes, Model A340-600 series airplanes, Model A380-800 
series airplanes; and Model A350-941 and -1041 airplanes. The NPRM 
published in the Federal Register on July 28, 2020 (85 FR 45350). The 
NPRM was prompted by a report of a quality issue with a certain repair 
method of damage-through honeycomb core cargo linings by speed patches 
applied to both sides. The NPRM proposed to require a detailed 
inspection of each affected part and, depending on findings, repair of 
each affected part, or replacement with a serviceable part, as 
specified in an EASA AD.
    The FAA is issuing this AD to address reduced ability of repaired 
linings to contain smoke or fire, resulting in an increased risk of an 
uncontained fire in the cargo compartment and consequent structural 
damage to 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.

Requests To Reference Revised EASA AD

    American Airlines and Delta Airlines (DAL) requested that the FAA 
revise the proposed AD to reference EASA AD 2020-100R1. DAL pointed out 
that there are several instances where the requirements in EASA AD 
2020-0100 are unclear, contradictory to the source

[[Page 10788]]

documents, or unnecessarily restrictive to operators. DAL further 
asserted that, if the final rule is published using EASA AD 2020-0100, 
it will have to request several alternative methods of compliance 
(AMOCs) in order to comply with the proposed requirements. In addition, 
DAL provided a detailed discussion of the changes identified in EASA AD 
2020-100R1 and how those changes would favorably impact operators, 
pointing out that certain inspection and repair requirements necessary 
to complete the actions specified in the proposed AD are clarified.
    The FAA agrees with the requests for the reasons provided. The FAA 
has determined that the changes in EASA AD 2020-100R1 are relieving in 
nature (removing the requirement for a one-time detailed inspection 
(DET) of each affected part) and that this final rule should reference 
the revised EASA AD. Therefore, the FAA has revised this AD to refer to 
EASA AD 2020-100R1, dated November 4, 2020. The FAA has also revised 
the SUMMARY and Related Service Information under 1 CFR part 51 and 
Costs of Compliance sections of this AD to remove reference to the one-
time detailed inspection that is no longer required by this AD.

Request To Use Flight Days Instead of Calendar Days

    DAL requested that the proposed AD be revised to use flight days 
instead of calendar days to ensure that the requirements can be easily 
accomplished within a C-Check schedule. DAL noted that the inspection 
and rework of the ceiling, partition, and sidewall linings in the 
forward, aft and bulk cargo compartments is a labor-intensive activity 
that will be difficult to accomplish in any check shorter than a C-
check without jeopardizing the `return to service' dates for affected 
aircraft. Further, DAL noted that the required rework might then 
require special visits in order to be fully accomplished. DAL stated 
that due to the current global circumstances with the pandemic, some 
operators have grounded airplanes and reduced workforces to help 
account for decreased flying demand, so accommodating a special visit 
will be more difficult than during normal operations. DAL noted that, 
for operators that are affected by global circumstances, the 
flammability risk of the discrepant repair should not be present when 
the airplane is parked with no power and cargo, and that additional 
time for compliance should be granted with an equivalent level of 
safety present.
    The FAA disagrees with the request. Using flight days versus 
calendar days would be difficult for operators to track AD compliance. 
AD compliance requirements are calculated independently of scheduled 
maintenance periods. Also, showing compliance with the AD does not 
require the airplane to be on a C-check schedule. The FAA has 
determined that a compliance time of 23 months from the effective date 
of the AD represents an adequate amount of time to accomplish the 
actions required. If an operator is unable to accomplish the actions 
for whatever reason or has the airplane in storage, it may request 
approval of an AMOC under the provisions of paragraph (i)(1) of this 
AD. We have not changed this AD in this regard.

Request To Add Exceptions To Address Errors in Required for Compliance 
(RC) Procedures

    DAL requested that the FAA add two exceptions to paragraph (h) of 
the proposed AD to address errors in RC procedures specified in the 
service information referenced in EASA AD 2020-100R1. DAL pointed out 
that Aircraft Maintenance Manual (AMM) Task A330-A-25-XX-3743-02001-
690A-C specified in Airbus Service Bulletin A330-25-3743, dated 
September 23, 2019, includes a typographical error in a measurement. 
Additionally, DAL pointed out that AMM Task A330-A-25-XX-3743-01001-
520A-A specified in Airbus Service Bulletin A330-25-3743, dated 
September 23, 2019, also specifies an incorrect AMM task reference for 
removing cargo liners in the forward cargo compartment. DAL suggested 
wording for the requested exceptions.
    The FAA has confirmed the typographical errors and agrees with the 
request for the reasons provided. The FAA has revised paragraph (h) of 
this AD accordingly.

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 Service Information Under 1 CFR Part 51

    EASA AD 2020-100R1, dated November 4, 2020, describes procedures 
for repair of each affected part, or replacement with a serviceable 
part. 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 127 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.
             Action                         Labor cost              Parts cost        product        operators
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Repair.........................  2 work-hours x $85 per hour =               * $            $170         $21,590
                                  $170.
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* The FAA has received no definitive data that would enable the FAA to provide cost estimates for the parts
  required for the repairs specified in this AD.

    The FAA has received no definitive data that would enable the FAA 
to provide cost estimates for the replacements specified in this AD.

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.

[[Page 10789]]

    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:

2021-02-12 Airbus SAS: Amendment 39-21395; Docket No. FAA-2020-0673; 
Product Identifier 2020-NM-076-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 30, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (10) of this AD, certificated in any 
category.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (4) Model A330-941 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.
    (9) Model A350-941 and -1041 airplanes.
    (10) Model A380-841, -842, and -861 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of a quality issue with a 
certain repair method of damage-through honeycomb core cargo linings 
by speed patches applied to both sides. The FAA is issuing this AD 
to address reduced ability of repaired linings to contain smoke or 
fire, resulting in an increased risk of an uncontained fire in the 
cargo compartment and consequent structural damage to 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 
2020-100R1, dated November 4, 2020 (EASA AD 2020-100R1).

(h) Exceptions to EASA AD 2020-100R1

    (1) Where EASA AD 2020-100R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-100R1 refers to ``19 May 2020 [the 
effective date of EASA AD 2020-0100 at original issue],'' this AD 
requires using the effective date of this AD.
    (3) Where task Aircraft Maintenance Manual (AMM) A330-A-25-XX-
3743-02001-690A-C specified in Airbus Service Bulletin A330-25-3743, 
dated September 23, 2019, states the measured dimension shall be 
equal to or more than ``30 mm (1.81 in),'' this AD requires using 
the measured dimension of ``30 mm (1.18 in).''
    (4) Where AMM task A330-A-25-XX-3743-01001-520A-A of Airbus 
Service Bulletin A330-25-3743, dated September 23, 2019, states, 
``For the FWD cargo-compartment, refer to Ref. AMM Task 25-54-00-
000-801,'' this AD requires using, ``For the FWD cargo-compartment, 
refer to Ref. AMM Task 25-52-00-000-801.''
    (5) The ``Remarks'' section of EASA AD 2020-100R1 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): Except as required by 
paragraph (i)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those 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 Dan Rodina, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and 
fax: 206-231-3225; 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 2020-100R1, 
dated November 4, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-100R1, 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

[[Page 10790]]

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-2020-0673.
    (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 January 14, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-03594 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-13-P