[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Rules and Regulations]
[Pages 21920-21923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08575]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0851; Product Identifier 2020-NM-081-AD; Amendment 
39-21507; AD 2021-08-13]
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 adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A318 series airplanes; Model A319-111, A319-112, A319-
113, A319-114, A319-115, A319-131, A319-132, and A319-133 airplanes; 
Model A320-211, A320-212, A320-214, A320-216, A320-231, A320-232, and 
A320-233 airplanes; and Model A321-111, A321-112, A321-131, A321-211, 
A321-212, A321-213, A321-231, and A321-232 airplanes. This AD was 
prompted by reports that certain oxygen supply solenoid valves are a 
potential source of increased flow resistance within the flightcrew 
oxygen system. This AD requires a detailed inspection (flow test) of 
certain solenoid valves, and replacement if necessary, as specified in 
European Union Aviation Safety Agency (EASA) ADs, which are 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective June 1, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 1, 2021.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email ADs@easa.europa.eu; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. For Airbus SAS service information 
incorporated by reference in this final rule, contact Airbus SAS, 
Airworthiness Office--EIAS, Rond-Point Emile Dewoitine No: 2, 31700 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 
51; email account.airworth-eas@airbus.com; internet https://www.airbus.com. 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-2020-0851.

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-2020-
0851; 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: Sanjay Ralhan, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223; 
email Sanjay.Ralhan@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0104R1 dated January 28, 2021 
(EASA AD 2020-0104R1) (referred to after this as the Mandatory 
Continuing Airworthiness Information, or the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A318-111, A318-112, A318-121, 
and A318-122 airplanes; Model A319-111, A319-112, A319-113, A319-114, 
A319-115, A319-131, A319-132, and A319-133 airplanes; Model A320-211, 
A320-212, A320-214, A320-216, A320-231, A320-232, and A320-233 
airplanes; and Model A321-111, A321-112, A321-131, A321-211, A321-212, 
A321-213, A321-231, and A321-232 airplanes.
    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 
A318 series airplanes; Model A319-111, A319-112, A319-113, A319-114, 
A319-115, A319-131, A319-132, and A319-133 airplanes; Model A320-211, 
A320-212, A320-214, A320-216, A320-231, A320-232, and A320-233 
airplanes; and Model A321-111, A321-112, A321-131, A321-211, A321-212, 
A321-213, A321-231, and A321-232 airplanes. The NPRM published in the 
Federal Register on October 15, 2020 (85 FR 65282). The NPRM was 
prompted by reports that certain oxygen supply solenoid valves are a 
potential source of increased flow resistance within the flightcrew 
oxygen system. The NPRM proposed to require a detailed inspection (flow 
test) of certain solenoid valves, and replacement if necessary, as 
specified in EASA AD 2020-0104R1.
    The FAA is issuing this AD to address increased flow resistance 
within the flightcrew oxygen system, which could lead to a reduced flow 
of oxygen supply to the flightcrew oxygen masks, and in combination 
with in-flight depressurization, smoke in the flight deck, or a smoke 
evacuation procedure, could lead to flightcrew hypoxia and loss of 
useful consciousness, resulting in loss of control of the airplane. See 
the MCAI for additional background information.

Revised EASA AD

    In the NPRM, the FAA referred to EASA AD 2020-0104, dated May 7, 
2020 (EASA AD 2020-0104). Since the NPRM was issued, EASA issued AD 
2020-0104R1, which clarifies that certain solenoid valves are no longer 
considered affected parts.
    The agency determined that no additional work is required for 
airplanes

[[Page 21921]]

that have accomplished the actions as required by EASA AD 2020-0104. 
Therefore, the agency has revised all applicable sections in this final 
rule to also specify EASA AD 2020-0104R1.

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.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) stated that 
it supports the NPRM.

Request To Allow Use of Additional Service Information

    American Airlines (AA) requested that operators be allowed to use 
the deviation provided in an Airbus technical adaptation for a certain 
solenoid valve test. The operator noted that there is a discrepancy in 
the Airbus service bulletin specified in EASA AD 2020-0104. The 
commenter explained that one of the required for compliance (RC) 
paragraphs in the service bulletin states that a test of the solenoid 
valve is required, no matter the result of the three masks flow test, 
but a flowchart in that service bulletin does not indicate that this 
test is required if the three masks flow test was successful. The 
commenter stated that it contacted Airbus regarding this issue and 
Airbus confirmed that there is an error and provided a Design 
Organization Approval (DOA) approved technical adaptation to address 
that error.
    The FAA agrees with the commenter's request for the reasons 
provided. The FAA has added paragraph (h)(4) to this AD to allow the 
use of Airbus Technical Adaptation 80843604/008/2020, Issue 1, dated 
November 3, 2020.

Request To Include Requirement for Part Marking

    United Air Lines (UAL) requested that affected parts that were 
inspected and passed the three masks flow test be marked. The commenter 
explained that this would assist operators in easily identifying an 
affected part that has been inspected and passed the three masks flow 
test. The commenter stated that this would prevent the part from being 
tied to a specific airplane and would allow installation of that part 
on another airplane.
    The FAA disagrees with the commenter's request. The FAA conferred 
with EASA and EASA responded that allowing an affected part to become a 
rotable part had been discussed during development of its original 
proposed AD. It was determined that, because of the potential 
differences in the oxygen system architecture in the configuration of 
different airplanes, a part that successfully passed the three masks 
flow test on one airplane does not guarantee that an air flow deficit 
would not exist if that part was moved to another airplane with a 
different oxygen system configuration. In addition, Airbus recommended 
that a pass/fail label not be applied to tested valves to avoid 
complications in tracking parts based on the tested oxygen system 
configuration. For these reasons, the FAA finds that no change to this 
AD is necessary in regard to this issue.

Request To Clarify Parts Installation Paragraph

    UAL stated that it objected to paragraph (3), Part(s) Installation, 
of EASA AD 2020-0104 that was referred to in the proposed AD. The 
commenter stated that, in the interest of safety, an affected part 
should not be allowed to be installed on an airplane. The FAA infers 
that the commenter is requesting that the proposed AD be revised to 
include a Parts Installation Prohibition paragraph to prohibit 
operators from installing an affected part on an airplane.
    The FAA does not agree with the commenter's request. The FAA has 
determined that if, before the next flight after installation on an 
airplane, an affected part passes the required flow test, the unsafe 
condition identified in this AD has been addressed and there is not a 
safety of flight issue. The FAA has not revised this AD in regard to 
this issue.

Request To Omit Duplicate Test

    UAL requested that the order of certain actions identified as RC in 
the Airbus SAS service bulletin specified in EASA AD 2020-0104 be 
changed. The commenter suggested that, instead of waiting until after 
the failure of a test to check that the oxygen storage cylinder is 
fully open and then doing the test again, the check of the oxygen 
cylinder should be part of the test preparation. The commenter 
explained that this would preclude the repetition of the test.
    The FAA disagrees with the commenter's request. The FAA conferred 
with EASA and it is presumed that the oxygen cylinder is fully open 
prior to starting the test. In addition, the majority of test reports 
provided by operators to Airbus and EASA did not identify any flow 
blockage. Therefore, adding the step to ensure that the oxygen cylinder 
is fully open would increase the work involved to accomplish each test 
versus doing only a check for the sole purpose of demonstrating 
compliance with an AD. Neither Airbus nor EASA recommend changing the 
order of the actions identified as RC in the Airbus SAS service 
bulletin and the FAA concurs. However, the FAA does not have any 
objection if the commenter or any operator includes a step in the test 
preparation to ensure that the oxygen cylinder is fully open to avoid 
the duplicative test identified by the commenter. The FAA has not 
revised this AD in regard to this issue.

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 Service Information Under 1 CFR Part 51

    EASA ADs 2020-0104 and 2020-0104R1 describe procedures for doing a 
detailed inspection (flow test) of certain solenoid valves using the 
flightcrew oxygen masks and replacing any solenoid valve that fails the 
flow test with a serviceable part. These documents are distinct since 
AD 2020-0104R1 clarifies that certain solenoid valves are no longer 
considered affected parts.
    Airbus SAS has issued Technical Adaptation 80843604/008/2020, Issue 
1, dated November 3, 2020, which specifies that, when a solenoid valve 
successfully passes the three masks flow test, operators do not need to 
do the test specified in paragraph 3.E.(1) of the Accomplishment 
Instructions of the Airbus SAS service information specified in EASA 
ADs 2020-0104 and 2020-0104R1.
    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.

[[Page 21922]]

Costs of Compliance

    The FAA estimates that this AD affects 1,100 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
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3 work-hours x $85 per hour = $255...........................              $0             $255         $280,500
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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 Action
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
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1 work-hour x $85 per hour = $85......             $ *              $85
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* The FAA has received no definitive data that would enable the agency
  to provide parts cost estimates for the on-condition replacement
  specified in this AD.

    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 our 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 adding the following new airworthiness 
directive:

2021-08-13 Airbus SAS: Amendment 39-21507; Docket No. FAA-2020-0851; 
Product Identifier 2020-NM-081-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective June 1, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category.
    (1) Model A318-111, A318-112, A318-121, and A318-122 airplanes.
    (2) Model A319-111, A319-112, A319-113, A319-114, A319-115, 
A319-131, A319-132, and A319-133 airplanes.
    (3) Model A320-211, A320-212, A320-214, A320-216, A320-231, 
A320-232, and A320-233 airplanes.
    (4) Model A321-111, A321-112, A321-131, A321-211, A321-212, 
A321-213, A321-231, and A321-232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by reports that certain oxygen supply 
solenoid valves are a potential source of increased flow resistance 
within the flightcrew oxygen system. The FAA is issuing this AD to 
address increased flow resistance within the flightcrew oxygen 
system, which could lead to a reduced flow of oxygen supply to the 
flightcrew oxygen masks, and in combination with in-flight 
depressurization, smoke in the flight deck, or a smoke evacuation 
procedure, could lead to flightcrew hypoxia and loss of useful 
consciousness, resulting 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 21923]]

accordance with, European Union Aviation Safety Agency (EASA) AD 
2020-0104, dated May 7, 2020 (EASA AD 2020-0104) or EASA AD 2020-
0104R1, dated January 28, 2021 (EASA AD 2020-0104R1).

(h) Exceptions to EASA ADs 2020-0104 and 2020-0104R1

    (1) Where EASA AD 2020-0104 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0104R1 refers to May 21, 2020 ``[the 
effective date of the original issue of this [EASA] AD],'' this AD 
requires using the effective date of this AD.
    (3) The ``Remarks'' sections of EASA ADs 2020-0104 and 2020-
0104R1 do not apply to this AD.
    (4) Where procedure step 3.E.(1) of the Accomplishment 
Instructions of Airbus SAS Service Bulletin A320-35-1096, dated 
September 18, 2019, specified in EASA ADs 2020-0104 and 2020-0104R1, 
requires a test of the solenoid valve, this AD allows deviation from 
that Required for Compliance (RC) action, as specified in Airbus SAS 
Technical Adaptation 80843604/008/2020, Issue 1, dated November 3, 
2020.

(i) No Reporting Requirement

    Although the service information referenced in EASA ADs 2020-
0104 and 2020-0104R1 specify 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: 9-AVS-AIR-730-AMOC@faa.gov. 
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): For any service information 
referenced in EASA ADs 2020-0104 and 2020-0104R1 that contains RC 
procedures and tests: Except as required by paragraphs (h)(4) and 
(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 Sanjay Ralhan, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223; email Sanjay.Ralhan@faa.gov.

(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 2020-0104, 
dated May 7, 2020.
    (ii) European Union Aviation Safety Agency (EASA) AD 2020-
0104R1, dated January 28, 2021.
    (iii) Airbus SAS Technical Adaptation 80843604/008/2020, Issue 
1, dated November 3, 2020.

    Note 1 to paragraph (l)(2)(iii):  The issue date of the document 
is identified only on the last page of the document.

    (3) For EASA ADs 2020-0104 and 2020-0104R1, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email ADs@easa.europa.eu; Internet www.easa.europa.eu. You 
may find these EASA ADs on the EASA website at https://ad.easa.europa.eu.

    Note 2 to paragraph (l)(3):  EASA AD 2020-0104 can be accessed 
in the zipped file at the bottom of the web page for EASA AD 2020-
0104R1. When EASA posts a revised AD on their website, they 
watermark the previous AD as ``Revised,'' alter the file name by 
adding ``_revised'' to the end, and move it into a zipped file 
attached at the bottom of the AD web page.

    (4) For Airbus SAS service information, contact Airbus SAS, 
Airworthiness Office--EIAS, Rond-Point Emile Dewoitine No: 2, 31700 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 
44 51; email account.airworth-eas@airbus.com; internet https://www.airbus.com.
    (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-2020-0851.
    (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 
fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 5, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-08575 Filed 4-23-21; 8:45 am]
BILLING CODE 4910-13-P


