[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42687-42689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16564]



[[Page 42687]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0131; Project Identifier MCAI-2020-01628-T; 
Amendment 39-21658; AD 2021-15-11]
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, -300, -800, and -900 series airplanes; and 
Model A340-200, -300, -500, and -600 series airplanes. This AD was 
prompted by reports that certain oxygen supply solenoid valves are a 
potential source of increased flow resistance within the flightcrew 
oxygen system. This AD requires a special detailed inspection (flow 
test) of certain solenoid valves, and replacement if necessary, 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 September 9, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 9, 
2021.

ADDRESSES: For material 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-2021-0131.

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-
0131; 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:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0273, dated December 9, 2020 
(EASA AD 2020-0273) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus SAS Model A330-201, A330-202, A330-203, A330-223, A330-
243, 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. 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.
    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, -300, -800, and -900 series airplanes; and Model A340-200, -
300, -500, and -600 series airplanes. The NPRM published in the Federal 
Register on March 8, 2021 (86 FR 13239). The NPRM was prompted by 
reports that certain oxygen supply solenoid valves are a potential 
source of increased flow resistance within the flightcrew oxygen 
system. The NPRM proposed to require a special detailed inspection 
(flow test) of certain solenoid valves, and replacement if necessary, 
as specified in EASA AD 2020-0273.
    The FAA is issuing this AD to address increased flow resistance 
within the flightcrew oxygen system, which could lead to a reduced flow 
of oxygen supply to the flightcrew oxygen masks, and in combination 
with in-flight depressurization, smoke in the flight deck, or a smoke 
evacuation procedure, could lead to flightcrew hypoxia and loss of 
useful consciousness, resulting in loss of 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 following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request To Allow Additional Source of Service Information

    Delta Air Lines (DAL) asked that the FAA add a paragraph (h)(3) to 
the proposed AD which would allow operators to use the serial numbers 
identified in Safran Service Information Letter (SIL) SIL120, dated May 
20, 2019, instead of the year of manufacture, to determine whether a 
solenoid valve is an affected part, as defined in EASA AD 2020-0273. 
DAL stated that the SIL contains the serial numbers and year of 
manufacture of affected solenoid valves.
    The FAA agrees to clarify. EASA AD 2020-0273 does not specify how 
to determine whether a solenoid valve is an affected part. The FAA 
agrees that operators can use Safran SIL120 as an additional source of 
guidance for identification of the affected parts by the serial 
numbers. The FAA has added Note 1 to paragraph (g) of this AD stating 
that additional guidance for identification of affected parts can be 
found in Safran Service Information Letter SIL120, dated May 20, 2019.

Request Not To Return Affected Valves to Manufacturer

    DAL asked that the requirement to send any affected solenoid valves 
back to Zodiac for repair, in which is specified as ``Required for 
Compliance'' (RC) in the applicable service information identified in 
EASA AD 2020-0273 be excluded in the proposed AD. DAL stated that all 
affected parts must pass a flow test with no defects found prior to the 
next flight of the airplane after installation on the airplane.
    The FAA agrees with the commenter for the reasons provided. The FAA 
has revised paragraph (i) of this AD to exclude the requirement to send 
any affected solenoid valve back to Zodiac for repair.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this

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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 2020-0273 describes procedures for doing a special detailed 
inspection (flow test) of certain solenoid valves by using the 
flightcrew oxygen masks and replacing any solenoid valve that fails the 
flow test 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 112 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255          $28,560
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacement that would be required based on the results of any actions. 
The FAA has no way of determining the number of aircraft that might 
need replacement:

                 Estimated Costs of On-Condition Action
------------------------------------------------------------------------
            Labor cost                Parts cost      Cost per product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.    Up to $5,496   Up to $5,581.
------------------------------------------------------------------------

    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 operators. The FAA does not control warranty coverage for 
affected operators. 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 adding the following new airworthiness 
directive:

2021-15-11 Airbus SAS: Amendment 39-21658; Docket No. FAA-2021-0131; 
Project Identifier MCAI-2020-01628-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 9, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (8) of this AD.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (3) Model A330-841 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.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by reports that certain oxygen supply 
solenoid valves are a potential source of increased flow resistance 
within the flightcrew oxygen system. The FAA is issuing this AD to 
address increased flow resistance within the flightcrew oxygen 
system, which could lead to a reduced flow of oxygen supply to the 
flightcrew oxygen masks, and in combination with in-flight 
depressurization, smoke in the flight deck, or a smoke evacuation 
procedure, could lead to

[[Page 42689]]

flightcrew hypoxia and loss of useful consciousness, resulting in 
loss of 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, European Union Aviation Safety Agency (EASA) AD 
2020-0273, dated December 9, 2020 (EASA AD 2020-0273).

    Note 1 to paragraph (g): Guidance for identifying affected 
oxygen supply solenoid valves as defined in EASA AD 2020-0273, can 
be found in Safran Service Information Letter SIL120, dated May 20, 
2019.

(h) Exceptions to EASA AD 2020-0273

    (1) Where EASA AD 2020-0273 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0273 does not apply 
to this AD.

(i) No Reporting or Parts Return Required

    Although the service information referenced in EASA AD 2020-0273 
specifies to submit certain information and return any affected 
solenoid valve to the manufacturer for repair, this AD does not 
require those actions.

(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 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 (k) 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 2020-0273 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

    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].

(l) 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 2020-0273, 
dated December 9, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0273, 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.
    (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-2021-0131.
    (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 July 15, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-16564 Filed 8-4-21; 8:45 am]
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