[Federal Register Volume 85, Number 69 (Thursday, April 9, 2020)]
[Rules and Regulations]
[Pages 19875-19878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07399]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Rules
and Regulations
[[Page 19875]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0867; Product Identifier 2019-NM-131-AD; Amendment
39-19886; AD 2020-06-17]
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) 2011-09-
06, which applied to all Airbus SAS Model A330-200 Freighter series
airplanes; Model A330-200 and -300 series airplanes; and Model A340-200
and -300 series airplanes. AD 2011-09-06 required repetitive
inspections and operational checks of the spring function of the
emergency exit door slider mechanism, application of corrosion
inhibitor, and corrective actions. This AD retains those requirements,
with extended repetitive intervals for certain actions, and also
requires those actions on additional airplanes; as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. This AD was prompted by report that an escape slide
deployment test found a girt bar that was not in a locked position and
was detached from the airplane. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective May 14, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 14,
2020.
ADDRESSES: For the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; 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, Transport Standards 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-2019-0867.
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-2019-
0867; 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 regulatory evaluation, 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,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; email
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0155, dated July 3, 2019
(``EASA AD 2019-0155'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A330-200 Freighter series airplanes;
Model A330-200, -300, and -900 series airplanes; and Model A340-200, -
300, -500, and -600 series airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2011-09-06, Amendment 39-16668 (76 FR
22005, April 20, 2011) (``AD 2011-09-06''). AD 2011-09-06 applied to
all Airbus SAS Model A330-200 Freighter series airplanes; Model A330-
200, and -300 series airplanes; and Model A340-200, and -300 series
airplanes. The NPRM published in the Federal Register on November 18,
2019 (84 FR 63582). The NPRM was prompted by a report that an escape
slide deployment test found a girt bar that was not in a locked
position and was detached from the airplane. The NPRM was also prompted
by a determination that additional airplanes are affected by the unsafe
condition, and that the repetitive interval times can be extended. The
NPRM proposed to continue to require repetitive inspections and
operational checks, application of corrosion inhibitor, and repair or
replacement if necessary, with extended repetitive intervals for the
functional check and lubrication of the door girt bar slider of each
passenger/crew door and passenger compartment emergency exit. The NPRM
also proposed to revise the applicability to include additional
airplanes. The FAA is issuing this AD to address this condition, which
could result in escape slides detaching from the door after inflation,
and which could, during an emergency, prevent a safe evacuation of the
cabin and possibly result in injuries.
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 Clarify Credit for Actions
Delta Air Lines (Delta) requested clarification on credit for
actions that were accomplished using Airbus Alert Operators
Transmission (AOT) A330-52A3063, dated August 2, 2000, before the
effective date of EASA 2010-0135, dated July 5, 2010 (``EASA AD 2010-
0135''). Delta noted that EASA AD 2019-0155 specifies credit if Airbus
AOT A330-52A3063, dated August 2, 2000, was used before ``July 17,
2010'' (which was incorrectly identified as the effective date of the
superseded EASA AD 2010-0135; the correct effective date is July 19,
2010). AD 2011-09-06, with an effective date of May 5, 2011,
corresponds to EASA AD 2010-0135. Paragraph (h) of the proposed AD did
not provide an exception to use May 5,
[[Page 19876]]
2011, as the effective date, and Delta requested confirmation that
credit is still provided for use of Airbus AOT A330-52A3063, dated
August 2, 2000, before the effective date of EASA AD 2010-0135.
The FAA agrees to clarify when Airbus AOT A330-52A3063, dated
August 2, 2000, is acceptable for credit. Although AD 2011-09-06 did
not provide any credit for Airbus AOT A330-52A3063, dated August 2,
2000, the FAA has determined that use of that AOT is acceptable up to
May 5, 2011. The FAA has added paragraph (h)(4) of this AD to provide
an exception to EASA AD 2019-0155 to allow credit for Airbus AOT A330-
52A3063, dated August 2, 2000, using the FAA AD 2011-09-06 effective
date of May 5, 2011 for the initial inspection only.
Request To Clarify Need for an Alternative Means of Compliance (AMOC)
Delta requested that the FAA clarify whether an alternative means
of compliance (AMOC) for previous credits would be required for
allowing any repetitive inspections that may have been accomplished
before the effective date of EASA AD 2010-0135 using Airbus AOT A330-
52A3063, dated August 2, 2000. Delta stated that AD 2002-02-07,
Amendment 39-12635 (67 FR 6370, February 12, 2002) (``AD 2002-02-07''),
required using Airbus AOT A330-52A3063, dated August 2, 2000, to
accomplish the inspection requirements, and then AD 2011-09-06 required
Airbus AOT A330-52A3063, Revision 01, dated January 3, 2001. Delta
reasoned that given the time span between the effective dates of AD
2002-02-07 and AD 2011-09-06, and because EASA AD 2019-0155 granted
credit for only initial inspections, it would be possible that an
operator would be doing repetitive inspections using Airbus AOT A330-
52A3063, dated August 2, 2000, and would need an AMOC for the
repetitive inspections.
The FAA agrees that clarification is needed. ADs 2002-02-07 and
2011-09-06 did not require use of or grant credit for Airbus AOT A330-
52A3063, dated August 2, 2000, for any actions. Unless an AMOC has been
approved, all inspections, initial and repetitive, required by AD 2002-
02-07 and, later, AD 2011-09-06, on U.S.-registered airplanes should
have been accomplished using Airbus AOT A330-52A3063, Revision 01,
dated January 3, 2001, and would be subject to using Revision 01 for
repetitive inspections. However, EASA AD 2019-0155 granted credit for
using Airbus AOT A330-52A3063, dated August 2, 2000, before its
effective date for initial inspections, and as described in the
previous comment, the FAA concurred and is granting credit similar to
EASA AD 2019-0155. However, repetitive inspections were and are still
required to be done in accordance with Airbus AOT A330-52A3063,
Revision 01, dated January 3, 2001. The FAA has not otherwise changed
this AD in that regard.
Additional Change to This Final Rule
The FAA has revised paragraph (j) of this AD to specify that AMOCs
approved previously for AD 2011-09-06 are approved as AMOCs for the
corresponding provisions of EASA AD 2019-0155 that are required by
paragraph (g) of this AD. This provision was inadvertently left out of
the proposed 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 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 IBR Material Under 1 CFR Part 51
EASA AD 2019-0155 describes procedures for repetitive functional
checks and lubrication of the door girt bar slider of each passenger/
crew door and passenger compartment emergency exit, and corrective
actions (repair or replacement). 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 111 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
Action Labor cost Parts cost product Cost on U.S. operators
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Retained actions from AD 2011- 3 work-hours x None............. $255 Up to $28,305.
09-06. $85 per hour =
$255.
New actions................... 2 work-hours x None............. $170 $18,870.
$85 per hour =
$170.
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The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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1 work-hour x $85 per hour = $85 per $2,160 $2,245
girt bar replacement.................
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[[Page 19877]]
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 removing Airworthiness Directive (AD)
2011-09-06, Amendment 39-16668 (76 FR 22005, April 20, 2011), and
adding the following new AD:
2020-06-17 Airbus SAS: Amendment 39-19886; Docket No. FAA-2019-0867;
Product Identifier 2019-NM-131-AD.
(a) Effective Date
This AD is effective May 14, 2020.
(b) Affected ADs
This AD replaces AD 2011-09-06, Amendment 39-16668 (76 FR 22005,
April 20, 2011) (``AD 2011-09-06'').
(c) Applicability
This AD applies to the Airbus SAS Model airplanes identified in
paragraphs (c)(1) through (7) of this AD, certificated in any
category, all manufacturer serial numbers.
(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 A330-941 airplanes.
(5) Model A340-211, -212, and -213 airplanes.
(6) Model A340-311, -312, and -313 airplanes.
(7) Model A340-541 and -642 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 52, Doors.
(e) Reason
This AD was prompted by a report that an escape slide deployment
test found a girt bar that was not in a locked position and was
detached from the airplane. This AD was also prompted by a
determination that additional airplanes not identified in AD 2011-
09-06 are affected by the unsafe condition. The FAA is issuing this
AD to address this condition, which could result in slides detaching
from the door after inflation, and could, during an emergency,
prevent a safe evacuation of the cabin and possibly result in
injuries.
(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
2019-0155, dated July 3, 2019 (``EASA AD 2019-0155'').
(h) Exceptions to EASA AD 2019-0155
(1) Where EASA AD 2019-0155 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2019-0155 refers to February
17, 2001, as an effective date, this AD requires using March 19,
2002 (the effective date of AD 2002-02-07, Amendment 39-12635 (67 FR
6370, February 12, 2002)), for all airplanes identified in paragraph
(1) of EASA AD 2019-0155, except for Model A330-223F and -243F
airplanes. For Model A330-223F and -243F airplanes, use May 5, 2011
(the effective date of AD 2011-09-06).
(3) The ``Remarks'' section of EASA AD 2019-0155 does not apply
to this AD.
(4) Where paragraph (4) of EASA AD 2019-0155 refers to ``July
17, 2010'' as an effective date, this AD requires using May 5, 2011
(the effective date of AD 2011-09-06).
Note 1 to paragraph (h)(4): A typographical error in EASA AD
2019-0155 incorrectly identified the effective date of EASA AD 2010-
0135 as July 17, 2010; the correct effective date of EASA AD 2010-
0135 is July 19, 2010.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2019-0155
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,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (k) of this AD. Information may
be emailed to [email protected].
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(ii) AMOCs approved previously for AD 2011-09-06 are approved as
AMOCs for the corresponding provisions of EASA AD 2019-0155 that are
required by paragraph (g) of this AD.
(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, International
Section, Transport Standards 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 2019-0155 that contains RC procedures and
tests: Except as required by paragraphs (i) and (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.
[[Page 19878]]
(k) Related Information
For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3229.
(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.
(3) The following service information was approved for IBR on
May 14, 2020.
(i) European Union Aviation Safety Agency (EASA) AD 2019-0155,
dated July 3, 2019.
(ii) [Reserved]
(4) For information about EASA AD 2019-0155, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; 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, Transport Standards
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-
2019-0867.
(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 April 1, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-07399 Filed 4-8-20; 8:45 am]
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