Proposed Rule2021-15942
Airworthiness Directives; Airbus SAS Airplanes
Primary source
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Published
July 28, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt 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 proposed 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 proposed AD would require 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 proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 142 (Wednesday, July 28, 2021)</title>
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[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Proposed Rules]
[Pages 40373-40376]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15942]
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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]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt 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 proposed 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 proposed AD
would require 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 proposed for incorporation by reference. The FAA is proposing this
AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by September
13, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For material that will be incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#f7b6b384b792968496d9928285988796d99282"><span class="__cf_email__" data-cfemail="a8e9ecdbe8cdc9dbc986cddddac7d8c986cddd">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0568.
Examining the AD Docket
You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.
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 <a href="/cdn-cgi/l/email-protection#6b1d070a0f02060219451e07120a05041d2b0d0a0a450c041d"><span class="__cf_email__" data-cfemail="4b3d272a2f22262239653e27322a25243d0b2d2a2a652c243d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0568; Project Identifier
MCAI-2021-00446-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the
[[Page 40374]]
following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
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
<a href="/cdn-cgi/l/email-protection#5b2d373a3f32363229752e37223a35342d1b3d3a3a753c342d"><span class="__cf_email__" data-cfemail="42342e23262b2f2b306c372e3b232c2d34022423236c252d34">[email protected]</span></a>. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
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 Mandatory Continuing
Airworthiness Information, or 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.
This proposed AD 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 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 FAA is
proposing 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.
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.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0103 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
EASA AD 2021-0103 requires operators to ``inform all flight crews''
of revisions to the MMEL, and thereafter to ``operate the aeroplane
accordingly.'' However, this proposed AD would not specifically require
those actions as they are already required by FAA regulations.
FAA regulations (14 CFR 121.628(a)(2)) require operators to provide
pilots with access to all of the information contained in the
operator's MEL.
Furthermore, 14 CFR 121.628(a)(5) requires airplanes to be operated
under all applicable conditions and limitations contained in the
operator's MEL. Therefore, including a requirement in this AD to
operate the airplane according to the revised MEL would be redundant
and unnecessary. Further, compliance with such a requirement in an AD
would be impracticable to demonstrate or track on an ongoing basis;
therefore, a requirement to operate the airplane in such a manner would
be unenforceable.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use certain civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2021-0103 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with EASA
AD 2021-0103 in its entirety, through that incorporation, except for
any differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in EASA AD 2021-0103 does not mean that operators
need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0103. Service information specified in EASA AD 2021-0103 that is
required for compliance with it will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0568 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 130 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 40375]]
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:
Airbus SAS: Docket No. FAA-2021-0568; Project Identifier MCAI-2021-
00446-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 13, 2021.
(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
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) 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)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#596074180f0a7418100b746e6a69741814161a193f3838773e362f"><span class="__cf_email__" data-cfemail="a69f8be7f0f58be7eff48b9195968be7ebe9e5e6c0c7c788c1c9d0">[email protected]</span></a>.
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
[[Page 40376]]
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
(1) For information about EASA AD 2021-0103 contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#1a5b5e695a7f7b697b347f6f68756a7b347f6f"><span class="__cf_email__" data-cfemail="17565364577276647639726265786776397262">[email protected]</span></a>; internet www.easa.europa.eu. You
may find this EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2021-0568.
(2) 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 <a href="/cdn-cgi/l/email-protection#ec9a808d888581859ec29980958d82839aac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="2d5b414c494440445f035841544c43425b6d4b4c4c034a425b">[email protected]</span></a>.
Issued on July 21, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-15942 Filed 7-27-21; 8:45 am]
BILLING CODE 4910-13-P
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