[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Rules and Regulations]
[Pages 60560-60563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23870]


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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; 
Amendment 39-21681; AD 2021-16-18]
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) 2020-21-
05, which applied 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 required 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. This AD retains the requirements of AD 2020-21-05, 
revises certain compliance times, and expands the applicability; as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. 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 the unsafe condition 
on these products.

DATES: This AD is effective December 8, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 8, 
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-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 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

    The 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

[[Page 60561]]

Information, or the MCAI), to correct an unsafe condition for all 
Airbus SAS 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. 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 to supersede AD 2020-21-05, Amendment 39-21278 (85 FR 
64963, October 14, 2020) (AD 2020-21-05). AD 2020-21-05 applied to all 
Airbus SAS Model A330-200 Freighter, A330-200, A330-300, A330-900, 
A340-200, A340-300, A340-500 and A340-600 series. The NPRM published in 
the Federal Register on May 21, 2020 (86 FR 27540). The NPRM 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 NPRM proposed to 
retain the requirements of AD 2020-21-05, revise certain compliance 
times, and expand the applicability, as specified in EASA AD 2020-0283.
    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. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has considered the comments 
received. P. Grande and The Air Line Pilots Association, International 
(ALPA) indicated support for the NPRM.

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 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 2020-0283 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.

Interim Action

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

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:

                                      Estimated Costs for Required Actions
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            Action                 Labor cost       Parts cost       Cost per product     Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
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                  0  $85..................  $9,520.
                                 $85 = $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
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 126 work-hours x $85 per    Up to $173,680....  Up to $184,390.
 hour = Up to $10,710.
------------------------------------------------------------------------

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

[[Page 60562]]

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) 2020-21-05, Amendment 39-21278 
(85 FR 64963, October 14, 2020); and
0
b. Adding the following new AD:

2021-16-18 Airbus SAS: Amendment 39-21681; Docket No. FAA-2021-0372; 
Project Identifier MCAI-2020-01684-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 8, 2021.

(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 existing 
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) 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 (j)(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.

(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 2020-0283, 
dated December 17, 2020; corrected December 24, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0283, 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

[[Page 60563]]

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.
    (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 30, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-23870 Filed 11-2-21; 8:45 am]
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