[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Rules and Regulations]
[Pages 68109-68111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26110]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0568; Project Identifier MCAI-2021-00446-T; 
Amendment 39-21798; AD 2021-22-25]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), 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, -200 Freighter, -300, and -900 series 
airplanes; and Model A340-200, -300, -500, and -600 series airplanes. 
This AD was prompted by a report that during the frame of flight test 
clearance process, a detailed analysis of air data reference (ADR) 
failure scenarios led to the identification that compliance 
requirements for loads and handling qualities throughout the flight 
envelope could be impaired in case of dispatch with one ADR inoperative 
(master minimum equipment list (MMEL) item 34-10-01) during the maximum 
interval allowed by the current MMEL. This AD requires revising the 
operator's existing FAA-approved minimum equipment list (MEL) for the 
air data/inertial reference system, 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 January 5, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 5, 
2022.

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 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 at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0568.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0568; 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, the 
mandatory continuing airworthiness information (MCAI), 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 2021-0103, dated April 13, 2021 
(EASA AD 2021-0103) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A330-200, -200 Freighter, -
300, and -900 series airplanes; Model A340-200 and -300 series 
airplanes; and Model A340-541, -542, -642, and -643 airplanes. Model 
A340-542 and -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, -200 Freighter, -300, and -900 series airplanes; and Model 
A340-200, -300, -500, and -600 series airplanes. The NPRM published in 
the Federal Register on July 28, 2021 (86 FR 40373). The NPRM was 
prompted by a report that during the frame of flight test clearance 
process, a detailed analysis of ADR failure scenarios led to the 
identification that compliance requirements for loads and handling 
qualities throughout the flight envelope

[[Page 68110]]

could be impaired in case of dispatch with one ADR inoperative (MMEL 
item 34-10-01) during the maximum interval allowed by the current MMEL. 
The NPRM proposed to require revising the operator's existing FAA-
approved MEL for the air data/inertial reference system, as specified 
in EASA AD 2021-0103.
    The FAA is issuing this AD to address the possibility of in-flight 
loss of a second ADR combined with erroneous low speed data provided by 
the remaining functional ADR, which could result in loss of control of 
the airplane. See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, this AD is adopted as 
proposed in the NPRM. None of the changes will increase the economic 
burden on any operator. Accordingly, the FAA is issuing this AD to 
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0103 describes procedures for revising the air data/
inertial reference system for MMEL item 34-10-01. 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 130 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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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170          $22,100
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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

    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.

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:

2021-22-25 Airbus SAS: Amendment 39-21798; Docket No. FAA-2021-0568; 
Project Identifier MCAI-2021-00446-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 5, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in 
paragraphs (c)(1) through (8) 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 A330-941 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 34, Navigation.

(e) Reason

    This AD was prompted by a report that during the frame of flight 
test clearance process, a detailed analysis of air data reference 
(ADR) failure scenarios led to the identification that compliance 
requirements for loads and handling qualities throughout the flight 
envelope could be impaired in case of dispatch with one ADR 
inoperative (master minimum equipment list (MMEL) item 34-10-01) 
during the maximum interval allowed by the current MMEL. The FAA is 
issuing this AD to address the possibility of in-flight loss of a 
second ADR combined with erroneous low speed data provided by the 
remaining functional ADR, which could result 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

[[Page 68111]]

accordance with, European Union Aviation Safety Agency (EASA) AD 
2021-0103, dated April 13, 2021 (EASA AD 2021-0103).

(h) Exceptions to EASA AD 2021-0103

    (1) Where EASA AD 2021-0103 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0103 specifies to implement certain 
information in ``the MMEL MER'' into the ``operational 
documentation,'' this AD requires revising the operator's existing 
FAA-approved minimum equipment list (MEL) to incorporate that 
information.
    (3) Where EASA AD 2021-0103 specifies 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.
    (4) The ``Remarks'' section of EASA AD 2021-0103 does not apply 
to this AD.

(i) Additional 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 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 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 2021-0103, 
dated April 13, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0103, 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.
    (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 October 25, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-26110 Filed 11-30-21; 8:45 am]
BILLING CODE 4910-13-P