[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Rules and Regulations]
[Pages 15092-15094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05550]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1115; Product Identifier MCAI-2020-01230-T; 
Amendment 39-21455; AD 2021-05-12]
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 
certain Airbus SAS Model A330-200 Freighter series airplanes. This AD 
was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. This AD requires revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations, 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 April 26, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 26, 
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-2020-1115.

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-
1115; 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 2020-0190, dated August 27, 2020 
(also referred to as the Mandatory Continuing Airworthiness 
Information, or the MCAI) (EASA AD 2020-0190), to correct an unsafe 
condition for all Airbus SAS Model A330-200 Freighter series airplanes, 
and Model A340-213 and -313 airplanes. EASA AD 2020-0190 refers to 
Airbus A330 Airworthiness Limitations Section (ALS) Part 1, Variation 
10.2, dated June 29, 2020. Airplanes with an original airworthiness 
certificate or original export certificate of airworthiness issued 
after June 29, 2020 must comply with the airworthiness limitations 
specified as part of the approved type design and referenced on the 
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 by adding an AD that would apply to certain Airbus SAS 
Model A330-200 Freighter series airplanes. The NPRM published in the 
Federal Register on December 10, 2020 (85 FR 79440). The NPRM was 
prompted by a determination that new or more restrictive airworthiness 
limitations are necessary. The NPRM proposed to require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations, as 
specified in EASA AD 2020-0190.
    The FAA is issuing this AD to address fatigue cracking, accidental 
damage, or corrosion in principal structural elements, and possible 
failure of certain life limited parts, which could result in reduced 
structural integrity 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 Service Information Under 1 CFR Part 51

    EASA AD 2020-0190 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    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

[[Page 15093]]

FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate. Therefore, the agency estimates the average total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

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:

2021-05-12 Airbus SAS: Amendment 39-21455; Docket No. FAA-2020-1115; 
Product Identifier MCAI-2020-01230-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 26, 2021.

(b) Affected ADs

    The AD affects AD 2018-23-14, Amendment 39-19501 (83 FR 60754, 
November 27, 2018) (AD 2018-23-14).

(c) Applicability

    This AD applies to Airbus SAS Model A330-223F and -243F 
airplanes, certificated in any category, with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before June 29, 2020.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, accidental damage, or 
corrosion in principal structural elements, and possible failure of 
certain life limited parts, which could result in reduced structural 
integrity 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 
2020-0190, dated August 27, 2020 (EASA AD 2020-0190).

(h) Exceptions to EASA AD 2020-0190

    (1) The requirements specified in paragraph (1) of EASA AD 2020-
0190 do not apply to this AD.
    (2) Paragraph (2) of EASA AD 2020-0190 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, to incorporate the ``limitations'' specified in 
paragraph (2) of EASA AD 2020-0190 within 90 days after the 
effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (2) of EASA AD 2020-0190 is on or before the applicable 
``limitations'' specified in paragraph (2) of EASA AD 2020-0190, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (4) The provision specified in paragraph (3) of EASA AD 2020-
0190 does not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0190 does not apply 
to this AD.

(i) Provisions for Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals are allowed unless they are 
approved as specified in the provisions of the ``Ref. Publications'' 
section of EASA AD 2020-0190.

(j) Terminating Action for Certain Requirements of AD 2018-23-14

    Accomplishing the revision required by this AD terminates the 
limitation for the nose landing gear lower torque link having part 
number D64001, as required by paragraph (g) of AD 2018-23-14, for 
Model A330-223F and -243F airplanes only.

(k) 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 (l) 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): Except as required by 
paragraph (k)(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

[[Page 15094]]

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.

(l) 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].

(m) 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 2020-0190, 
dated August 27, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0190, 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-2020-1115.
    (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 February 23, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-05550 Filed 3-19-21; 8:45 am]
BILLING CODE 4910-13-P