[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Rules and Regulations]
[Pages 57027-57030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22293]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0261; Project Identifier MCAI-2020-01502-T; 
Amendment 39-21753; AD 2021-20-15]
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) 2019-19-
06, which applied to certain Airbus SAS Model A330-202, -243, -243F, -
302, -323, and -343 airplanes. AD 2019-19-06 required an inspection to 
determine the part number and serial number of the slat geared rotary 
actuators (SGRAs), and replacement of each affected SGRA with a 
serviceable part. This AD continues to require replacement of each 
affected SGRA with a serviceable part, expands the applicability to 
include all airplanes on which the affected part may be installed, and 
also prohibits installation of an affected part; as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is incorporated 
by reference. This AD was prompted by a report that cracks have been 
found within the ring gears of the SGRAs due to a change in the 
manufacturing process and inadequate post-production non-destructive 
testing for potential cracking, and a determination that the 
requirements of AD 2019-19-06 may not ensure the permanent removal from 
service of affected SGRAs. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective November 18, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 18, 
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-2021-0261.

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-
0261; 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:

[[Page 57028]]

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0245, dated November 9, 2020 
(EASA AD 2020-0245) (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, and A330-941 
airplanes. EASA AD 2020-0245 supersedes EASA AD 2019-0093 (which 
corresponds to FAA AD 2019-19-06, Amendment 39-19742 (84 FR 51960, 
October 1, 2019) (AD 2019-19-06)). Model A330-743L 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 to supersede AD 2019-19-06. AD 2019-19-06 applied to 
certain Airbus SAS Model A330-202, -243, -243F, -302, -323, and -343 
airplanes. The NPRM published in the Federal Register on April 7, 2021 
(86 FR 17995). The NPRM was prompted by a report that cracks have been 
found within the ring gears of the SGRAs due to a change in the 
manufacturing process and inadequate post-production non-destructive 
testing for potential cracking, and a determination that the 
requirements of AD 2019-19-06 may not ensure the permanent removal from 
service of affected SGRAs. The NPRM proposed to continue to require 
replacement of each affected SGRA with a serviceable part, would expand 
the applicability to include all airplanes on which the affected part 
may be installed, and would also prohibit installation of an affected 
part, as specified in EASA AD 2020-0245.
    The FAA is issuing this AD to address cracking of an SGRA, which, 
in combination with an independent failure on the second SGRA of the 
same slat surface, could lead to an uncontrolled movement of the 
affected slat surface in flight, or detachment of the slat surface, and 
could possibly result in damage to the stabilizers and reduced 
controllability 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. The Air 
Line Pilots Association, International (ALPA) expressed support for the 
NPRM.

Request To Clarify Service Bulletin Reference

    Delta Air Lines (DAL) requested clarification of the reference to 
``the SB'' in the statement ``in accordance with the instructions of 
the SB'' in EASA AD 2020-0245. DAL gave no justification for the 
request.
    The FAA agrees to clarify. The Definitions section of EASA AD 2020-
0245 clearly defines ``The SB'' and ``The Liebherr SB.'' Therefore, 
``the SB'' in the specified statement refers to Airbus Service Bulletin 
A330-27-3233, dated March 7, 2019. This AD has not been changed as a 
result of this comment.

Request To Add Paragraph Identifying Certain Parts as Not Affected

    DAL requested that paragraph (h)(5) be added to the proposed AD to 
specify that ``units listed [in] Liebherr SB 926C-27-01 Table 1 are not 
considered an affected part.'' DAL refers to the Note that accompanies 
Table 1 in the Liebherr Service Bulletin 926C-27-01, dated December 18, 
2018 (Liebherr SB 926C-27-01), as justification for the request.
    The FAA disagrees with the request to add the specified paragraph 
because it is an incorrect statement. Table 1 in Liebherr SB 926C-27-01 
is titled ``Affected Serial Numbers'' and contains the list of three 
different serial number ranges. Parts with serial numbers included in 
those ranges are considered affected parts, except for parts mentioned 
in the Note, that is, parts already inspected during the final assembly 
line that are specifically marked as ``WOI-01'' on the identification 
plate. This is consistent with the definition of ``Affected part'' in 
the MCAI, which identifies the serial numbers in the table as affected 
parts ``except those that have passed (no defects found) an inspection, 
or have been repaired, as applicable, in accordance with the 
instructions of the Liebherr SB.'' This AD has not been changed with 
regard to this request.

Change to This Final Rule

    The FAA has revised the format of paragraph (h)(2) of this AD.

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 change 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 2020-0245 describes procedures for replacing each affected 
SGRA, and specifies a prohibition against installation of an affected 
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 123 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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            Action                Labor cost       Parts cost        Cost per product     Cost on U.S. operators
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Retained action from AD 2019-  17 work-hours x             * $0  $1,445.................  $177,735.
 19-06.                         $85 per hour =
                                $1,445.
New actions..................  Up to 15 work-               * 0  Up to $1,275...........  Up to $156,825.
                                hours x $85 per
                                hour = Up to
                                $1,275.
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* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
  AD.


[[Page 57029]]

    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:
0
a. Removing Airworthiness Directive (AD) 2019-19-06, Amendment 39-19742 
(84 FR 51960, October 1, 2019); and
0
b. Adding the following new AD:

2021-20-15 Airbus SAS: Amendment 39-21753; Docket No. FAA-2021-0261; 
Project Identifier MCAI-2020-01502-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 18, 
2021.

(b) Affected ADs

    This AD replaces AD 2019-19-06, Amendment 39-19742 (84 FR 51960, 
October 1, 2019) (AD 2019-19-06).

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in 
paragraphs (c)(1) through (5) 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 A330-841 airplanes.
    (5) Model A330-941 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by a report that cracks have been found 
within the ring gears of the slat geared rotary actuators (SGRAs) 
due to a change in the manufacturing process and inadequate post-
production non-destructive testing for potential cracking, and a 
determination that the requirements of AD 2019-19-06 may not ensure 
the permanent removal from service of affected SGRAs. The FAA is 
issuing this AD to address cracking of an SGRA, which, in 
combination with an independent failure on the second SGRA of the 
same slat surface, could lead to an uncontrolled movement of the 
affected slat surface in flight, or detachment of the slat surface, 
and could possibly result in damage to the stabilizers and reduced 
controllability 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 
2020-0245, dated November 9, 2020 (EASA AD 2020-0245).

(h) Exceptions to EASA AD 2020-0245

    (1) Where EASA AD 2020-0245 refers to May 10, 2019 (the 
effective date of EASA AD 2019-0093), this AD requires using 
November 5, 2019 (the effective date of AD 2019-19-06).
    (2) Where paragraph (1) of EASA AD 2020-0245 specifies a method 
of accomplishment of certain actions, replace the text ``replace 
each affected part with a serviceable part in accordance with the 
instructions of the SB,'' with ``removal of each affected part and 
installation of a serviceable part in accordance with paragraphs 
3.C. (2) and 3.C. (3) of the SB.''
    (3) Where EASA AD 2020-0245 refers to its effective date, this 
AD requires using the effective date of this AD.
    (4) The ``Remarks'' section of EASA AD 2020-0245 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 Vladimir Ulyanov, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200

[[Page 57030]]

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 
November 18, 2021.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0245, 
dated November 9, 2020.
    (ii) [Reserved]
    (4) For EASA AD 2020-0245, 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.
    (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-2021-0261.
    (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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 22, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-22293 Filed 10-13-21; 8:45 am]
BILLING CODE 4910-13-P