[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Proposed Rules]
[Pages 27540-27543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10635]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0372; Project Identifier MCAI-2020-01684-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2020-21-05, which applies to all Airbus SAS Model A330-200 Freighter, 
A330-200, A330-300, A330-900, A340-200, A340-300, A340-500, and A340-
600 series airplanes. AD 2020-21-05 requires repetitive inspections of 
certain fuel pumps for cavitation erosion, replacement if necessary, 
revision of the operator's minimum equipment list (MEL), and 
accomplishment of certain maintenance actions related to defueling and 
ground fuel transfer operations. Since the FAA issued AD 2020-21-05, a 
determination was made that certain compliance times need to be revised 
and that additional airplanes are subject to the unsafe condition. This 
proposed AD would retain the requirements of AD 2020-21-05, revise 
certain compliance times, and expand the applicability, as specified in 
a European Union Aviation Safety Agency (EASA) AD, which is proposed 
for incorporation by reference. The FAA is proposing this AD to address 
the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by July 6, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this 
AD, contact 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-2021-0372.

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-2021-
0372; 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 NPRM, any comments received, and other information. The street 
address for Docket Operations is listed above.

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:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0372; Project Identifier 
MCAI-2020-01684-T'' at the beginning

[[Page 27541]]

of your comments. The most helpful comments reference a specific 
portion of the proposal, explain the reason for any recommended change, 
and include supporting data. The FAA will consider all comments 
received by the closing date and may amend the proposal because of 
those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
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]. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    The FAA issued AD 2020-21-05, Amendment 39-21278 (85 FR 64963, 
October 14, 2020) (AD 2020-21-05), which applies to all Airbus SAS 
Model A330-200 Freighter, A330-200, A330-300, A330-900, A340-200, A340-
300, A340-500 and A340-600 series airplanes. AD 2020-21-05 requires 
repetitive inspections of certain fuel pumps for cavitation erosion, 
replacement if necessary, revision of the operator's MEL, and 
accomplishment of certain maintenance actions related to defueling and 
ground fuel transfer operations. The FAA issued AD 2020-21-05 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.

Actions Since AD 2020-21-05 Was Issued

    Since the FAA issued AD 2020-21-05, it has been determined, through 
an assessment of inspection results, that the flight cycles accumulated 
by an affected part, when installed at a certain location, must also be 
considered, and certain compliance times need to be revised 
accordingly. In addition, Model A330-841 airplanes have been found to 
be subject to the unsafe condition.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0283, dated December 17, 2020; 
corrected December 24, 2020 (EASA AD 2020-0283) (also referred to as 
the Mandatory Continuing Airworthiness Information, or the MCAI), to 
correct an unsafe condition for all Airbus A330-201, A330-202, A330-
203, A330-223, A330-223F, A330-243, A330-243F, A330-301, A330-302, 
A330-303, A330-321, A330-322, A330-323, A330-341, A330-342, A330-343, 
A330-743L, A330-841, A330-941, A340-211, A340-212, A340-213, A340-311, 
A340-312, A340-313, A340-541, A340-542, A340-642 and A340-643 
airplanes. EASA AD 2020-0283 supersedes EASA AD 2019-0291R1 (which 
corresponds to FAA AD 2020-21-05). Model A330-743L, A340-542, and A340-
643 airplanes are not certificated 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.
    This proposed AD was prompted by reports of a fuel pump showing 
cavitation erosion that breached the fuel pump housing through the 
inlet webs and exposed the fuel pump power supply wires, and a 
determination that certain compliance times need to be revised and that 
additional airplanes are subject to the unsafe condition. The FAA is 
proposing 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.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2020-21-05, this proposed AD would retain all of the 
requirements of AD 2020-21-05. Those requirements are referenced in 
EASA AD 2020-0283, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0283 describes procedures for repetitive inspections 
of all affected parts, replacement if necessary, updating of 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.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the FAA 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0283 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.
    EASA AD 2020-0283 requires operators to ``inform all flight crews'' 
of revisions to the MMEL, and thereafter to ``operate the aeroplane 
accordingly.'' However, this AD would not specifically require those 
actions as they are already required by FAA regulations.
    FAA regulations (14 CFR 121.628(a)(2)) require operators to provide 
pilots with access to all of the information contained in the 
operator's MEL.
    Furthermore, 14 CFR 121.628(a)(5) requires airplanes to be operated 
under all applicable conditions and limitations contained in the 
operator's MEL. Therefore, including a requirement in this AD to 
operate the airplane according to the revised MEL would be redundant 
and unnecessary. Further, compliance with such a requirement in an AD 
would be impracticable to demonstrate or track on an ongoing basis; 
therefore, a requirement to

[[Page 27542]]

operate the airplane in such a manner would be unenforceable.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2020-0283 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0283 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in the EASA AD. Service information specified 
in EASA AD 2020-0283 that is required for compliance with EASA AD 2020-
0283 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0372 after the FAA 
final rule is published.

Interim Action

    The FAA considers this proposed AD interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD affects 112 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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             Action                  Labor cost       Parts cost     Cost per  product   Cost on U.S.  operators
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Retained actions from AD 2020-   Up to 72 work-                  0  Up to $6,375.......  Up to $714,000.
 21-05.                           hours x $85 per
                                  hour = Up to
                                  $6,375.
New proposed actions...........  Up to 72 work-                  0  Up to $6,375.......  Up to $714,000.
                                  hours x $85 per
                                  hour = Up to
                                  $6,375.
MEL revision...................  1 work-hour x $85              $0  $85................  $9,520.
                                  = $85.
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    The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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) 2020-21-05, Amendment 39-21278 
(85 FR 64963, October 14, 2020), and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2021-0372; Project Identifier MCAI-2020-
01684-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 6, 2021.

[[Page 27543]]

(b) Affected ADs

    This AD replaces AD 2020-21-05, Amendment 39-21278 (85 FR 64963, 
October 14, 2020) (AD 2020-21-05).

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any 
category, and identified in paragraphs (c)(1) through (9) of this 
AD.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (4) Model A330-841 airplanes.
    (5) Model A330-941 airplanes.
    (6) Model A340-211, -212, and -213 airplanes.
    (7) Model A340-311, -312, and -313 airplanes.
    (8) Model A340-541 airplanes.
    (9) 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 a determination that certain compliance times need to be 
revised and that additional airplanes are subject to the unsafe 
condition. 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 
2020-0283, dated December 17, 2020; corrected December 24, 2020 
(EASA AD 2020-0283).

(h) Exceptions to EASA AD 2020-0283

    (1) Where EASA AD 2020-0283 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0283 does not apply 
to this AD.
    (3) Where EASA AD 2020-0283 refers to the master minimum 
equipment list (MMEL), this AD refers to the operator's minimum 
equipment list (MEL).
    (4) Where EASA AD 2020-0283 refers to ``13 December 2019 [the 
effective date of EASA AD 2019-0291 at original issue],'' this AD 
requires using ``November 18, 2020 (the effective date of AD 2020-
21-05).''
    (5) Where EASA AD 2020-0283 refers to ``17 November 2017 [the 
effective date of EASA AD 2017-0224],'' this AD requires using 
``December 29, 2017 (the effective date of AD 2017-25-16, Amendment 
39-19130 (82 FR 58718, December 14, 2017) (AD 2017-25-16).''
    (6) Where paragraphs (8), (9), and (10) of EASA AD 2020-0283 
specify to ``inform all flight crews, and, thereafter, operate the 
aeroplane accordingly,'' this AD does not require those actions as 
those actions are already required by existing FAA operating 
regulations.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0283 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k)(2) 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 2020-0283 that contains RC procedures and 
tests: Except as required by paragraph (j)(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.

(k) Related Information

    (1) For information about EASA AD 2020-0283, contact 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. 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-
2021-0372.
    (2) 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].

    Issued on May 15, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-10635 Filed 5-20-21; 8:45 am]
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