Rule2021-14158
Airworthiness Directives; Airbus SAS Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2021
Effective
July 1, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A319-151N, A319-153N, A319-171N, A320-251N, A320-252N, A320-253N, A320-271N, A320-272N, A320-273N, A321-251N, A321-251NX, A321-252N, A321-252NX, A321-253N, A321-253NX, A321-271N, A321-271NX, A321-272N and A321-272NX airplanes. This AD was prompted by reports of an increasing number of operational disruptions due to airspeed discrepancies. This AD requires revising the existing airplane flight manual (AFM) to include a procedure to reinforce the airspeed check during the take-off phase and provide instructions to abort take-off in certain cases, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 124 (Thursday, July 1, 2021)</title>
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[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Rules and Regulations]
[Pages 34933-34936]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14158]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0540; Project Identifier MCAI-2021-00694-T;
Amendment 39-21635; AD 2021-14-08]
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 all
Airbus SAS Model A319-151N, A319-153N, A319-171N, A320-251N, A320-252N,
A320-253N, A320-271N, A320-272N, A320-273N, A321-251N, A321-251NX,
A321-252N, A321-252NX, A321-253N, A321-253NX, A321-271N, A321-271NX,
A321-272N and A321-272NX airplanes. This AD was prompted by reports of
an increasing number of operational disruptions due to airspeed
discrepancies. This AD requires revising the existing airplane flight
manual (AFM) to include a procedure to reinforce the airspeed check
during the take-off phase and provide instructions to abort take-off in
certain cases, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is incorporated by reference. The FAA is issuing this
AD to address the unsafe condition on these products.
DATES: This AD becomes effective July 1, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 1,
2021.
The FAA must receive comments on this AD by August 16, 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 EASA material 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#97d6d3e4d7f2f6e4f6b9f2e2e5f8e7f6b9f2e2"><span class="__cf_email__" data-cfemail="0d4c497e4d686c7e6c2368787f627d6c236878">[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
[[Page 34934]]
and locating Docket No. FAA-2021-0540.
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-
0540; 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 AD, any comments received, and other information. The street
address for Docket Operations is listed above.
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 <a href="/cdn-cgi/l/email-protection#d586b4bbbfb4acfb87b4b9bdb4bb95b3b4b4fbb2baa3"><span class="__cf_email__" data-cfemail="8bd8eae5e1eaf2a5d9eae7e3eae5cbedeaeaa5ece4fd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0150, dated June 21, 2021;
corrected June 25, 2021 (EASA AD 2021-0150) (also referred to as the
Mandatory Continuing Airworthiness Information, or the MCAI), to
correct an unsafe condition for all Airbus SAS Model A319-151N, A319-
153N, A319-171N, A320-251N, A320-252N, A320-253N, A320-271N, A320-272N,
A320-273N, A321-251N, A321-251NX, A321-252N, A321-252NX, A321-253N,
A321-253NX, A321-271N, A321-271NX, A321-272N and A321-272NX airplanes.
EASA and Airbus issued various communication documents
(respectively EASA Safety Information Bulletin (SIB) 2020-14, Airbus
Operators Information Transmission (OIT) 999.0048/20, Airbus
Operational Training Transmission (OTT) 999.0025/21, and Airbus Flight
Operations Transmission (FOT) 999.0020/21) to remind operators to apply
appropriate procedures for returning airplanes to service from short
term or long term storage/parking, including procedures to inspect the
pitot static system. However, an increasing number of operational
disruptions have been reported, due to contaminated air data system,
caused by lack of application of appropriate maintenance procedures for
returning airplanes to service.
This AD was prompted by reports of an increasing number of
operational disruptions due to airspeed discrepancies after airplanes
have been parked or stored (a large number of airplanes have been
parked or stored due to the COVID-19 pandemic). Consistent erroneous
airspeed indications (which stands for 2 or 3 pitot probes delivering
erroneous speed information within the same speed range) may adversely
affect airplane response, in particular during the rotation phase. The
FAA is issuing this AD to address airspeed discrepancies, which could
lead to an unstable flight path after take-off, possibly resulting in
reduced control of the airplane. See the MCAI for additional background
information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0150 describes procedures for, among other actions,
revising the AFM to include a procedure to reinforce the airspeed check
during the take-off phase and provide instructions to abort take-off in
certain cases (e.g., an unreliable airspeed situation or certain
airspeed differences).
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
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 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 EASA AD
2021-0150 described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD and except as discussed under ``Differences Between this AD and
the MCAI.''
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 some 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 2021-0150 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2021-0150 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2021-0150 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
2021-0150. Service information required by EASA AD 2021-0150 for
compliance will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0540 after this AD is
published.
Differences Between This AD and the MCAI
Paragraph (3) of EASA AD 2021-0150 requires revising the minimum
equipment list (MEL) to incorporate an EASA master minimum equipment
list (MMEL) change to mandate that the integrated standby instrument
system (ISIS) airspeed indication must be operative. However, the FAA
MMEL does not provide relief for an inoperative ISIS airspeed
indication function. Therefore, paragraph (3) of EASA AD 2021-0150 is
unnecessary for this AD.
EASA AD 2021-0150 requires operators to ``inform all flight crews''
of revisions to the AFM and thereafter to ``operate the aeroplane
accordingly.'' However, this AD does not specifically require those
actions as those actions are already required by FAA regulations.
FAA regulations require operators furnish to pilots any changes to
the AFM (ex: 14 CFR 121.137), and to ensure the pilots are familiar
with the AFM (ex: 14 CFR 91.505). As with any other training
requirement, training on the updated AFM content is tracked by the
operators and recorded in each pilot's training record, which is
available for the FAA to review. FAA regulations also require pilots to
follow the procedures in the existing AFM including all updates. 14 CFR
91.9 requires that no person may operate a civil aircraft without
complying with the operating limitations specified in the AFM.
Therefore, including a requirement in this AD to operate the
airplane according to the revised AFM would be redundant and
unnecessary. Further, compliance with such requirements in
[[Page 34935]]
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.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because consistent erroneous airspeed indications may adversely affect
airplane response, in particular during the rotation phase. This unsafe
condition is particularly prevalent in the large number of airplanes
that are returning to service after airplanes have been parked or
stored due to the COVID-19 pandemic. Without reinforcing the airspeed
check and providing instructions to abort take-off in certain cases,
airspeed discrepancies could lead to an unstable flight path after
take-off, possibly resulting in reduced control of the airplane.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
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-2021-0540; Project Identifier MCAI-
2021-00694-T'' 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
<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 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 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 <a href="/cdn-cgi/l/email-protection#93c0f2fdf9f2eabdc1f2fffbf2fdd3f5f2f2bdf4fce5"><span class="__cf_email__" data-cfemail="7b281a15111a0255291a17131a153b1d1a1a551c140d">[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.
Explanation of Special Flight Permit Limitation
Once the compliance time specified in this AD has passed, special
flight permits, as described in 14 CFR 21.197 and 21.199, are not
allowed. As a result of the COVID-19 pandemic, a large numbers of
airplanes have been put in storage. For those airplanes removed from
storage after the compliance time specified in this AD has passed,
operators must incorporate the AFM revision required by this AD before
further flight.
Interim Action
The FAA considers this AD interim action and further AD action
might follow.
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
The FAA estimates that this AD affects 204 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85............................. $0 $85 $17,340
----------------------------------------------------------------------------------------------------------------
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.
[[Page 34936]]
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:
2021-14-08 Airbus SAS: Amendment 39-21635; Docket No. FAA-2021-0540;
Project Identifier MCAI-2021-00694-T.
(a) Effective Date
This airworthiness directive (AD) becomes effective July 1,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model A319-151N, A319-153N,
A319-171N, A320-251N, A320-252N, A320-253N, A320-271N, A320-272N,
A320-273N, A321-251N, A321-251NX, A321-252N, A321-252NX, A321-253N,
A321-253NX, A321-271N, A321-271NX, A321-272N and A321-272NX
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Reason
This AD was prompted by reports of an increasing number of
operational disruptions due to airspeed discrepancies that have
occurred due to the large number of airplanes returning to service
after airplanes have been parked or stored (a large number of
airplanes have been parked or stored due to the COVID-19 pandemic).
The FAA is issuing this AD to address airspeed discrepancies, which
could lead to an unstable flight path after take-off, possibly
resulting in reduced 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
2021-0150, dated June 21, 2021; corrected June 25, 2021 (EASA AD
2021-0150).
(h) Exceptions to EASA AD 2021-0150
(1) Where EASA AD 2021-0150 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Paragraph (1) of EASA AD 2021-0150 specifies amending ``the
applicable AFM [airplane flight manual],'' but this AD requires
amending ``the existing applicable AFM and applicable corresponding
operational procedures.''
(3) Paragraph (3) of EASA AD 2021-0150 does not apply to this
AD.
(4) The ``Remarks'' section of EASA AD 2021-0150 does not apply
to this AD.
(5) Where paragraph (1) of EASA AD 2021-0150 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.
(i) Special Flight Permit
Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed after 7 days after the effective date of
this AD unless the AFM revision required by paragraph (g) of this AD
is accomplished.
(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: <a href="/cdn-cgi/l/email-protection#5e67731f080d731f170c73696d6e731f13111d1e383f3f70393128"><span class="__cf_email__" data-cfemail="a99084e8fffa84e8e0fb849e9a9984e8e4e6eae9cfc8c887cec6df">[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 (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 <a href="/cdn-cgi/l/email-protection#0152606f6b60782f53606d69606f416760602f666e77"><span class="__cf_email__" data-cfemail="b9ead8d7d3d8c097ebd8d5d1d8d7f9dfd8d897ded6cf">[email protected]</span></a>.
(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 2021-0150,
dated June 21, 2021; corrected June 25, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0150, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#c78683b487a2a6b4a6e9a2b2b5a8b7a6e9a2b2"><span class="__cf_email__" data-cfemail="7534310635101406145b1000071a05145b1000">[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>.
(4) 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-2021-0540.
(5) 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
<a href="/cdn-cgi/l/email-protection#593f3c3d2b3c3e77353c3e38351937382b38773e362f"><span class="__cf_email__" data-cfemail="d3b5b6b7a1b6b4fdbfb6b4b2bf93bdb2a1b2fdb4bca5">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on June 28, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-14158 Filed 6-29-21; 11:15 am]
BILLING CODE 4910-13-P
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