[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Rules and Regulations]
[Pages 17512-17515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06911]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0182; Product Identifier 2020-NM-072-AD; Amendment 
39-21474; AD 2021-06-07]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A330-200 series and A330-300 series airplanes. 
This AD was prompted by reports of cracked flexible hoses in the 
courier area oxygen system (CAOS). This AD requires repetitive detailed 
inspections of the CAOS and replacement of affected parts if necessary. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD becomes effective April 20, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 20, 
2021.
    The FAA must receive comments on this AD by May 20, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact Elbe 
Flugzeugwerke GmbH Customer Support, Grenzstra[szlig]e 1 01109, 
Dresden, Germany; phone: +49 351 8839 2749; fax: +49 351 8839 2125; 
email: efw.techpub@efw.aero; internet: https://www.elbeflugzeugwerke.com/en/. You may view this referenced service 
information 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 on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0182.

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-
0182; or in person at the Docket Operations office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, any comments received, and other information. The 
street address for the Docket Operations office is listed above.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7323; fax 516-794-5531; email 9-avs-nyaco-cos@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2019-0215, dated September 4, 2019 (referred to after this as 
the Mandatory Continuing Airworthiness Information, or the MCAI), to 
correct an unsafe condition for certain Airbus SAS Model A330-201, 
A330-202, A330-203, A330-223, A330-243, A330-301, A330-302, A330-303, 
A330-321, A330-322, A330-323, A330-341, A330-342 and A330-343 
airplanes. You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0182.
    This AD was prompted by reports of cracked flexible hoses in the 
CAOS. The FAA is issuing this AD to address cracked CAOS hoses. This 
condition, if not addressed, could lead to oxygen leakage in the 
flexible hoses of the CAOS, which, in combination with in-flight 
depressurization or smoke evacuation procedure, could result in injury 
to occupants of the courier area. See the MCAI for additional 
background information.

[[Page 17513]]

Related Service Information Under 1 CFR Part 51

    Elbe Flugzeugwerke GmbH (EFW) has issued Service Bulletin EFW-SB-
35-0001, dated March 8, 2019; and Service Bulletin EFW-SB-35-0002, 
dated September 2, 2019. This service information describes procedures 
for repetitive detailed inspections (including functional tests) of the 
CAOS to detect any leakage or damage (cracking) in the 32209-series 
oxygen distribution hoses installed in the courier area and in lavatory 
A, and replacement.
    This service information 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

    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 
and service information referenced above. The FAA is issuing this AD 
because the FAA evaluated all pertinent information and determined the 
unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in the service 
information described previously.

FAA's Justification and Determination of the Effective Date

    There are currently no domestic operators of these products. 
Therefore, the FAA finds that notice and opportunity for prior public 
comment are unnecessary and that good cause exists for making this 
amendment effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0182; Product Identifier 2020-
NM-072-AD'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Darren 
Gassetto, Aerospace Engineer, Mechanical Systems and Administrative 
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 516-228-7323; fax 516-794-5531; 
email 9-avs-nyaco-cos@faa.gov. Any commentary that the FAA receives 
which is not specifically designated as CBI will be placed in the 
public docket for this rulemaking.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, the FAA provides the following cost estimates to comply with 
this AD:

                  Estimated Costs for Required Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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20 work-hours x $85 per hour = $1,700.              $0           $1,700
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
7 work-hours x $85 per hour = $595....         $13,485          $14,080
------------------------------------------------------------------------

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

[[Page 17514]]

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 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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2021-06-07 Airbus SAS: Amendment 39-21474; Docket No. FAA-2021-0182; 
Product Identifier 2020-NM-072-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 20, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) and (2) of this AD, certificated in any category, 
converted to freighter airplanes in accordance with FAA supplemental 
type certificate (STC) ST04038NY and STC ST04045NY.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracked flexible hoses in the 
courier area oxygen system (CAOS). The FAA is issuing this AD to 
address cracked CAOS hoses. This condition, if not addressed, could 
lead to oxygen leakage in the flexible hoses of the CAOS, which, in 
combination with in-flight depressurization or smoke evacuation 
procedure, could result in injury to occupants of the courier area.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    The definitions in paragraphs (g)(1) and (2) of this AD apply.
    (1) An affected part is a 32209-series oxygen flexible hose used 
in the CAOS, having a part number specified in figure 1 to paragraph 
(g)(1) of this AD.
[GRAPHIC] [TIFF OMITTED] TR05AP21.000

    (2) A serviceable part is an affected part that is new (never 
previously installed), or that, before further flight after 
installation into the CAOS, has passed an inspection and functional 
test (no leakage or damage found) as specified in paragraph (h) of 
this AD.

(h) Required Actions

    Within 1,600 flight hours after the effective date of this AD 
and thereafter at intervals not to exceed 1,600 flight hours: Do a 
detailed inspection (including functional testing) for leakage or 
damage of the CAOS and lavatory A oxygen system in accordance with 
the Accomplishment Instructions of Elbe Flugzeugwerke GmbH Service 
Bulletin EFW-SB-35-0001, dated March 8, 2019; or Elbe Flugzeugwerke 
GmbH Service Bulletin EFW-SB-35-0002, dated September 2, 2019; as 
applicable.

(i) Corrective Actions

    If, during any inspection required by paragraph (h) of this AD, 
any leakage or damage (i.e., cracking) is found, replace the 
affected part before further flight, in accordance with the 
Accomplishment Instructions of Elbe Flugzeugwerke GmbH Service 
Bulletin EFW-SB-35-0001, dated March 8, 2019; or Elbe Flugzeugwerke 
GmbH Service Bulletin EFW-SB-35-0002, dated September 2, 2019; as 
applicable.

(j) Parts Installation Limitation

    As of the effective date of this AD, installation of an affected 
part, as defined in paragraph (g)(1) of this AD, on any airplane is 
allowed, provided it is a serviceable part, as defined in paragraph 
(g)(2) of this AD.

(k) No Reporting Requirement

    Although Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-
0001, dated March 8, 2019; and Elbe Flugzeugwerke GmbH Service 
Bulletin EFW-SB-35-0002, dated September 2, 2019; specify to submit 
certain information to the manufacturer, this AD does not include 
that requirement.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO 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 manager of the certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue,

[[Page 17515]]

Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-
5531. Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of 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, New York ACO 
Branch, FAA; or the European Union Aviation Safety Agency (EASA); or 
Airbus SAS's EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2019-0215, dated September 4, 2019, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2021-0182.
    (2) For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7323; fax 516-794-5531; email 
9-avs-nyaco-cos@faa.gov.

(n) 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) Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0001, 
dated March 8, 2019.
    (ii) Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0002, 
dated September 2, 2019.
    (3) For service information identified in this AD, contact Elbe 
Flugzeugwerke GmbH Customer Support, Grenzstra[szlig]e 1 01109, 
Dresden, Germany; phone: +49 351 8839 2749; fax: +49 351 8839 2125; 
email: efw.techpub@efw.aero; internet: https://www.elbeflugzeugwerke.com/en/.
    (4) You may view this service information 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 service information 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 March 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-06911 Filed 4-2-21; 8:45 am]
BILLING CODE 4910-13-P


