Rule2021-18093
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
August 24, 2021
Effective
September 28, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A318 series airplanes; Model A319-111, -112, - 113, -114, -115, -131, -132, -133, -151N, and -153N airplanes; Model A320 series airplanes; and Model A321 series airplanes. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, 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 161 (Tuesday, August 24, 2021)</title>
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[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Rules and Regulations]
[Pages 47212-47214]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18093]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0192; Project Identifier MCAI-2020-01580-T;
Amendment 39-21662; AD 2021-16-01]
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
certain Airbus SAS Model A318 series airplanes; Model A319-111, -112, -
113, -114, -115, -131, -132, -133, -151N, and -153N airplanes; Model
A320 series airplanes; and Model A321 series airplanes. This AD was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. This AD requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, 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 is effective September 28, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
28, 2021.
ADDRESSES: For 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#76373205361317051758130304190617581303"><span class="__cf_email__" data-cfemail="df9e9bac9fbabeacbef1baaaadb0afbef1baaa">[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-2021-0192.
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-
0192; 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 <a href="/cdn-cgi/l/email-protection#2053414e4a41590e52414c48414e604641410e474f56"><span class="__cf_email__" data-cfemail="5c2f3d32363d25722e3d30343d321c3a3d3d723b332a">[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 2020-0219, dated October 12, 2020
(EASA AD 2020-0219) (also referred to as the mandatory continuing
airworthiness information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A318 series; Model A319-111, -112, -
113, -114, -115, -131, -132, -133, -151N, and -153N; Model A320-211, -
212, -214, -215, -216, -231, -232, -233, -251N, -252N, -253N, -271N, -
272N, and -273N airplanes; and Model A321 series airplanes. Model A320-
215 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.
The 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 A318 series; Model A319-111, -112, -113, -114, -115, -131, -132,
-133, -151N, and -153N; Model A320 series airplanes; and Model A321
series airplanes. The NPRM published in the Federal Register on March
26, 2021 (86
[[Page 47213]]
FR 16130). The NPRM was prompted by a determination that the new and
more restrictive airworthiness limitations are necessary The NPRM
proposed to require revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, as specified in EASA AD 2020-0219.
The FAA is issuing this AD to address a safety-significant latent
failure (that is not annunciated), which, in combination with one or
more other specific failures or events, could result in a hazardous or
catastrophic failure condition. See the MCAI for additional background
information.
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) supported the
NPRM.
Request To Clarify the Need for Paragraph (i) of the Proposed AD
Delta Air Lines (Delta) requested clarification on the need for
paragraph (i) of the proposed AD. The commenter asked whether the
paragraph was necessary since paragraph (k) of FAA AD 2020-22-16,
Amendment 39-21312 (85 FR 70439, November 5, 2020) (AD 2020-22-16)
allows the use of alternative actions/intervals if they are later-
approved variations or revisions of Airbus A318/A319/A320/A321
Airworthiness Limitation Section (ALS) Part 3 Certification Maintenance
Requirements (CMR) Revision 07 Issue 02, dated January 17, 2020, as
specified in EASA AD 2020-0067, dated April 6, 2020.
The FAA does not agree that paragraph (k) of AD 2020-22-16 makes
paragraph (i) of this AD unnecessary. The intent of paragraph (i) of
this AD is to clarify that the termination action is for specific tasks
in ALS Part 3 Variation 7.1 that were also required in accordance with
AD 2020-22-16, not the entire ALS Part 3 document. Although operators
are allowed to comply with later revisions of that document, they are
not required to do so unless the FAA issues an AD requiring the
incorporation of that later revision. Therefore, without the older
versions of these tasks being terminated, operators would have to show
compliance with both versions of these tasks. No change has been made
to this AD.
Request To Clarify the Meaning of Paragraph (h) of the Proposed AD
Delta requested clarification about its understanding of paragraph
(h) of the proposed AD. The commenter said it interpreted ``later
approved revisions of this document'' to mean later approved variations
of ALS Part 3, e.g., Variation 7.2, 7.3, etc.
The FAA agrees with Delta's interpretation of paragraph (h) of this
AD.
Request To Reduce the Number of ADs Required for Compliance
Delta expressed concern that multiple ADs would be required for
compliance with ALS Part 3. The commenter noted that EASA AD 2021-0108,
dated April 20, 2021, was recently issued and requires incorporating
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part
3 Variation 7.3. Delta stated that after the FAA AD associated with
EASA AD 2021-0108 is published, operators will be required to show
compliance with three ADs related to Airbus A318/A319/A320/A321 ALS
Part 3 instead of the usual one. The FAA infers a request by Delta to
reduce the number of ADs.
The FAA disagrees with reducing the number of ADs. While the FAA
acknowledges that operators need to manage multiple ADs for compliance
with ALS Part 3 (CMR), the FAA notes that two of the three EASA ADs
require incorporating variations, rather than full revisions of Airbus
A318/A319/A320/A321 ALS Part 3. Superseding AD 2020-22-16 would remove
the requirement to show compliance with the full revision of the ALS
document, potentially introducing an unsafe condition. In addition, the
FAA notes that incorporation of the variations is necessary to mitigate
an unsafe condition. Therefore, no change has been made to this AD.
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 as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
<bullet> Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
<bullet> Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0219 specifies new and more restrictive airworthiness
limitations for certain safety valves. 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.
Costs of Compliance
The FAA estimates that this AD will affect 1,680 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD.
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator. The
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator would be $7,650
(90 work-hours x $85 per work-hour).
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:
[[Page 47214]]
(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:
2021-16-01 Airbus SAS: Amendment 39-21662; Docket No. FAA-2021-0192;
Project Identifier MCAI-2020-01580-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 28,
2021.
(b) Affected ADs
This AD affects AD 2020-22-16, Amendment 39-21312 (85 FR 70439,
November 5, 2020) (AD 2020-22-16).
(c) Applicability
This AD applies to the following Airbus SAS airplanes,
certificated in any category, with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before June 10, 2020:
(1) Model A318-111, -112, -121, and -122 airplanes;
(2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -153N airplanes;
(3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes; and
(4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX,
and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address a safety-significant latent failure (that
is not annunciated), which, in combination with one or more other
specific failures or events, could result in a hazardous or
catastrophic failure condition.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Revise the existing maintenance or inspection program, as
applicable, by incorporating task(s) and associated thresholds and
intervals specified in paragraph (3) of European Union Aviation
Safety Agency (EASA) AD 2020-0219, dated October 12, 2020 (EASA AD
2020-0219), except you are required to incorporate task(s) and
associated thresholds and intervals within 90 days after the
effective date of this AD. Record a compliance time for the initial
tasks of either the applicable ``thresholds'' incorporated by the
requirements of paragraph (3) of EASA AD 2020-0219 or 90 days after
the effective date of this AD, whichever would occur later.
(h) Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2020-0219.
(i) Terminating Action for Certain Requirements of AD 2020-22-16
Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2020-22-16, for the tasks
identified in the service information referred to in EASA AD 2020-
0219 only.
(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#a79e8ae6f1f48ae6eef58a9094978ae6eae8e4e7c1c6c689c0c8d1"><span class="__cf_email__" data-cfemail="a89185e9fefb85e9e1fa859f9b9885e9e5e7ebe8cec9c986cfc7de">[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#493a2827232830673b2825212827092f2828672e263f"><span class="__cf_email__" data-cfemail="9deefcf3f7fce4b3effcf1f5fcf3ddfbfcfcb3faf2eb">[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 2020-0219,
dated October 12, 2020.
(ii) [Reserved]
(3) For EASA AD 2020-0219, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#f0b1b483b095918391de9585829f8091de9585"><span class="__cf_email__" data-cfemail="26676255664347554708435354495647084353">[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-2021-0192.
(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#f3959697819694dd9f9694929fb39d928192dd949c85"><span class="__cf_email__" data-cfemail="3f595a5b4d5a5811535a585e537f515e4d5e11585049">[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 July 20, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-18093 Filed 8-23-21; 8:45 am]
BILLING CODE 4910-13-P
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