Discussion \n\n\n\tThe EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2020-0077, dated March 31, 2020 (''EASA AD 2020-0077'') (also referred to as the Mandatory Continuing Airworthiness Information, or ''the MCAI''), to correct an unsafe condition for certain Airbus SAS Model A330-202, -203, -223, -243, - 301, -321, -322, -323, -341, -342, and -343 airplanes; and Model A340- 211, -212, -213, -311, -312, and -313 airplanes. \n\tThe FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus SAS Model A330-202, -203, -223, -243, -301, -321, -322, -323, -341, -342, and -343 airplanes; and Model A340-211, -212, -213, -311, -312, and - 313 airplanes. The NPRM published in the Federal Register on May 22, 2020 (85 FR 31083). The NPRM was prompted by a report indicating that the allowable load limits on the vertical tail plane could be reached and possibly exceeded in cases of multiple rudder doublet inputs. The NPRM proposed to require upgrading the FCDC, associated FCPC, and FWC, and activation of the SRIW device, as specified in EASA AD 2020-0077. \n\tThe FAA is issuing this AD to address cases of multiple rudder doublet inputs, which could lead to excessive load on the vertical tail plane and a subsequent loss of control of the airplane. See the MCAI for additional background information. \n\nComments \n\n\n\tThe 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. \n\nSupportive Comment \n\n\n\tAir Line Pilots Association, International (ALPA), indicated its support for the NPRM. \n\nRequest To Revise Applicability Paragraph \n\n\n\tDelta Air Lines requested revising the Applicability paragraph (paragraphs (c)(1) through (4) of this AD) to add the phrase ''except those that have embodied Airbus modification 49144.'' Delta noted that the phrase is in EASA AD 2020-0077. Delta suggested that including the phrase in paragraph (c) of the NPRM would allow a definitive determination of whether an airplane is affected, without reading EASA AD 2020-0077. \n\tThe FAA disagrees with the commenter's request. Paragraph (c) of this AD states the airplane models as identified in EASA AD 2020-0077. EASA AD 2020-0077 states in their applicability statement that airplanes on which Airbus modification 49144 has been embodied are excluded from the requirements. In the interest of streamlining the process for this AD and to minimize the potential for errors, the FAA has used incorporation by reference, the process which allows the FAA to refer to material published elsewhere without republishing that material in this AD or the Federal Register. Because EASA AD 2020-0077 is incorporated by reference in this AD under 1 CFR part 51, referring to the document itself is the same as specifically stating the language used in the Applicability section of EASA AD 2020-0077 directly in this AD. \n\n((Page 54901)) \n\nTherefore it is not necessary to restate that language directly in this AD. This is similar to the FAA's process of referencing serial numbers of airplanes that are identified in service information that is incorporated by reference in an AD instead of listing those numbers directly in the AD. No change has been made to this AD. \n\nConclusion \n\n\n\tThe FAA reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule as proposed, except for minor editorial changes. The FAA has determined that these minor changes: \n\tAre consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and \n\tDo not add any additional burden upon the public than was already proposed in the NPRM. \n\nRelated IBR Material Under 1 CFR Part 51 \n\n\n\tEASA AD 2020-0077 describes procedures for upgrading the FCDC, associated FCPC, and FWC, and activation of the SRIW device. 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. \n\nCosts of Compliance \n\n\n\tThe FAA estimates that this AD affects 10 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: \n\n\n\tEstimated Costs for Required Actions ---------------------------------------------------------------------------------------------------------------- \n\tLabor cost Parts cost Cost per product Cost on U.S. operators ---------------------------------------------------------------------------------------------------------------- Up to 10 work-hours x $85 per hour = Up to $31,038.......... Up to $31,888.......... Up to $318,880. \n\t$850. ---------------------------------------------------------------------------------------------------------------- \n\nAuthority for This Rulemaking \n\n\n\tTitle 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. \n\tThe 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. \n\nRegulatory Findings \n\n\n\tThis 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a ''significant regulatory action'' under Executive Order 12866, \n\t(2) Will not affect intrastate aviation in Alaska, and \n\t(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. \n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.