Airworthiness Directives; Airbus SAS Airplanes, 8305-8308 [2021-02477]
Download as PDF
Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Rules and Regulations
fax 206–231–3226; email tom.rodriguez@
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) Emergency AD 2021–0036–E, dated
January 25, 2021.
(ii) [Reserved]
(3) For EASA Emergency AD 2021–0036–
E, 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
this EASA AD on the EASA website at
https://ad.easa.europa.eu.
(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 https://
www.regulations.gov by searching for and
locating Docket No. FAA–2021–0024.
(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 fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued on February 1, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–02478 Filed 2–3–21; 2:00 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0015; Project
Identifier MCAI–2021–00014–T; Amendment
39–21408; AD 2021–03–05]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A318, A319, A320,
and A321 series airplanes. This AD was
prompted by a report that following
accomplishment of tap tests on certain
modified rudders, disbonding of the
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:06 Feb 04, 2021
Jkt 253001
rudder was found close to the lightning
protection plate. This AD requires
inspections of the left- and right-hand
rudder side shells for defects, and
applicable corrective actions, 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
February 22, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of February 22, 2021.
The FAA must receive comments on
this AD by March 22, 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 material incorporated by reference
(IBR) in this AD, 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 this IBR material on the EASA
website at https://ad.easa.europa.eu.
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–2021–
0015.
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–
0015; 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,
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
8305
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:
Background
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2021–0002, dated January 6, 2021
(EASA AD 2021–0002) (also referred to
as the Mandatory Continuing
Airworthiness Information, or the
MCAI), to correct an unsafe condition
for all Airbus SAS Model A318 series
airplanes; Model A319 series airplanes;
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 certified 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.
This AD was prompted by a report
that following accomplishment of tap
tests on rudders that were modified
using the procedures in previously
issued service information (Airbus
Service Bulletin A320–55–1052 dated
July 28, 2017, Revision 01, dated
January 28, 2015, and Revision 02,
dated July 11, 2019, or Airbus Service
Bulletin A320–55–1059, dated March 8,
2018), disbonding of the rudder was
found close to the lightning protection
plate. Investigation results determined
that those procedures may lead to
inadequate curing of the affected part
after modification. The FAA is issuing
this AD to address disbonding of the
rudder, which could result in reduced
structural integrity of the rudder, and
consequent reduced controllability of
the airplane.
Related Service Information Under 1
CFR Part 51
EASA AD 2021–0002 describes
procedures for a one-time general visual
inspection and a special detailed
inspection (woodpecker or tap test) of
the left- and right-hand rudder side
shells for defects (including bulging,
waviness, and disbonding) and
applicable corrective actions. The
corrective actions include
accomplishing a special detailed
inspection of any affected part with
defects and a temporary and eventual
permanent repair of the defects. EASA
AD 2021–0002 also prohibits
modification of a rudder using the
procedures in previously issued service
information. This material is reasonably
E:\FR\FM\05FER1.SGM
05FER1
8306
Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Rules and Regulations
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–
0002 described previously, as
incorporated by reference, except for
any differences identified as exceptions
in the regulatory text of this AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities (CAAs) to
use this process. As a result, EASA AD
2021–0002 is incorporated by reference
in this final rule. This AD, therefore,
requires compliance with EASA AD
2021–0002 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 the
EASA AD 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 the EASA
AD. Service information specified in
EASA AD 2021–0002 that is required for
compliance with EASA AD 2021–0002
is available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0015.
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.
FAA’s Justification and Determination
of the Effective Date
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 waiving notice
and comment prior to adoption of this
rule because disbonding of the left- and
right-hand rudder side shells could
result in reduced structural integrity of
the rudder, and consequent reduced
controllability of the airplane. In
addition, the compliance time for the
required action is shorter than the time
necessary for the public to comment and
for publication of the final rule.
Therefore, the FAA finds good cause
that notice and opportunity for prior
public comment are impracticable. In
addition, for the reasons stated above,
the FAA finds that good cause exists for
making this amendment effective in less
than 30 days.
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 Sanjay.Ralhan@
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.
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–
2021–0015; Project Identifier MCAI–
2021–00014–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
Confidential Business Information
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 1,630 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
jbell on DSKJLSW7X2PROD with RULES
Up to 16 work-hours × $85 per hour = Up to $1,360 ............................
The FAA has received no definitive
data that would enable the agency to
provide cost estimates for the oncondition actions specified in this AD.
VerDate Sep<11>2014
16:06 Feb 04, 2021
Jkt 253001
$0
Up to $1,360 ......
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
Cost on U.S.
operators
Cost per product
Up to $2,216,800.
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
E:\FR\FM\05FER1.SGM
05FER1
Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Rules and Regulations
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
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
jbell on DSKJLSW7X2PROD with RULES
2021–03–05 Airbus SAS: Amendment 39–
21408; Docket No. FAA–2021–0015;
Project Identifier MCAI–2021–00014–T.
(a) Effective Date
This airworthiness directive (AD) becomes
effective February 22, 2021.
(b) Affected ADs
None.
VerDate Sep<11>2014
16:06 Feb 04, 2021
Jkt 253001
(c) Applicability
This AD applies to all Airbus SAS
airplanes, certificated in any category, as
identified in paragraphs (c)(1) through (4) of
this AD.
(1) Model A318–111, –112, –121, and –122
airplanes.
(2) Model A319–111, –112, –113, –114,
–115, –131, –132, –133, –151N, –153N, and
–171N airplanes.
(3) Model A320–211, –212, –214, –216,
–231, –232, –233, –251N, –252N, –253N,
–271N, –272N and –273N airplanes.
(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 55, Stabilizers.
(e) Reason
This AD was prompted by a report that
following accomplishment of tap tests on
rudders that were modified using the
procedures in certain previously issued
service information, disbonding of the rudder
was found close to the lightning protection
plate. Investigation results determined that
those procedures may lead to inadequate
curing of the affected part after modification.
The FAA is issuing this AD to address
disbonding of the rudder, which could result
in reduced structural integrity of the rudder,
and consequent reduced controllability 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 2021–0002, dated
January 6, 2021 (EASA AD 2021–0002).
(h) Exceptions to EASA AD 2021–0002
(1) Where EASA AD 2021–0002 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where EASA AD 2021–0002 specifies
to comply with ‘‘the instructions of the
AOT,’’ this AD requires using the words ‘‘the
procedures marked as required for
compliance (RC) in the AOT.’’
(3) The ‘‘Remarks’’ section of EASA AD
2021–0002 does not apply to this AD.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2021–0002 specifies
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
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
8307
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-AIR730-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 AD
2019–0316 that contains RC procedures and
tests: Except as required by paragraph (j)(2)
of this AD, RC 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 2021–0002, dated January 6,
2021.
(ii) [Reserved]
(3) For EASA AD 2021–0002, 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 this
EASA AD on the EASA website at https://
ad.easa.europa.eu.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
E:\FR\FM\05FER1.SGM
05FER1
8308
Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Rules and Regulations
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–2021–0015.
(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 fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued on January 23, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200221–0062]
RTID 0648–XA779
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Vessels Using Pot Gear in the Western
Regulatory Area of the Gulf of Alaska
[FR Doc. 2021–02477 Filed 2–3–21; 2:00 pm]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
BILLING CODE 4910–13–P
SUMMARY:
AGENCY:
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 12, 25, and 52
[FAC 2021–04; FAR Case 2019–016; Docket
No. FAR–2019–0016, Sequence No. 1]
RIN 9000–AN99
Federal Acquisition Regulation:
Maximizing Use of American-Made
Goods, Products, and Materials
Correction
In rule document 2021–00710
beginning on page 6180 in the issue of
Tuesday, January 19, 2021, make the
following correction:
On page 6180, in the third column, in
the first line of the DATES section,
‘‘January 21, 2021’’ should read
‘‘January 19, 2021’’.
[FR Doc. C1–2021–00710 Filed 2–4–21; 8:45 am]
BILLING CODE 1301–00–P
jbell on DSKJLSW7X2PROD with RULES
DEPARTMENT OF COMMERCE
VerDate Sep<11>2014
16:06 Feb 04, 2021
Jkt 253001
NMFS is prohibiting directed
fishing for Pacific cod by vessels using
pot gear in the Western Regulatory Area
of the Gulf of Alaska (GOA). This action
is necessary to prevent exceeding the A
season allowance of the 2021 total
allowable catch (TAC) of Pacific cod by
vessels using pot gear in the Western
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), February 3, 2021, through
1200 hrs, A.l.t., June 10, 2021.
FOR FURTHER INFORMATION CONTACT:
Krista Milani, 907–581–2062.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The A season allowance of the 2021
Pacific cod TAC apportioned to vessels
using pot gear in the Western Regulatory
Area of the GOA is 1,068 metric tons
(mt) as established by the final 2020 and
2021 harvest specifications for
groundfish in the GOA (85 FR 13802,
March 10, 2020) and inseason
adjustment (85 FR 83834, December 23,
2020).
PO 00000
Frm 00026
Fmt 4700
Sfmt 9990
In accordance with § 679.20(d)(1)(i),
the Regional Administrator has
determined that the A season allowance
of the 2021 Pacific cod TAC
apportioned to vessels using pot gear in
the Western Regulatory Area of the GOA
will soon be reached. Therefore, the
Regional Administrator is establishing a
directed fishing allowance of 1,060 mt
and is setting aside the remaining 8 mt
as bycatch to support other anticipated
groundfish fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for Pacific cod by
vessels using pot gear in the Western
Regulatory Area of the GOA.
While this closure is effective the
maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest, as it would prevent
NMFS from responding to the most
recent fisheries data in a timely fashion
and would delay the closure of Pacific
cod by vessels using pot gear in the
Western Regulatory Area of the GOA.
NMFS was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of February 1,
2021.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 2, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–02451 Filed 2–2–21; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\05FER1.SGM
05FER1
Agencies
[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Rules and Regulations]
[Pages 8305-8308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02477]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0015; Project Identifier MCAI-2021-00014-T;
Amendment 39-21408; AD 2021-03-05]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A318, A319, A320, and A321 series airplanes. This AD
was prompted by a report that following accomplishment of tap tests on
certain modified rudders, disbonding of the rudder was found close to
the lightning protection plate. This AD requires inspections of the
left- and right-hand rudder side shells for defects, and applicable
corrective actions, 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 February 22, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 22,
2021.
The FAA must receive comments on this AD by March 22, 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 material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 8999 000; email [email protected]; internet www.easa.europa.eu.
You may find this IBR material on the EASA website at https://ad.easa.europa.eu. 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-2021-0015.
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-
0015; 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 [email protected].
SUPPLEMENTARY INFORMATION:
Background
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0002, dated January 6, 2021
(EASA AD 2021-0002) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A318 series airplanes; Model A319 series
airplanes; 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 certified 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.
This AD was prompted by a report that following accomplishment of
tap tests on rudders that were modified using the procedures in
previously issued service information (Airbus Service Bulletin A320-55-
1052 dated July 28, 2017, Revision 01, dated January 28, 2015, and
Revision 02, dated July 11, 2019, or Airbus Service Bulletin A320-55-
1059, dated March 8, 2018), disbonding of the rudder was found close to
the lightning protection plate. Investigation results determined that
those procedures may lead to inadequate curing of the affected part
after modification. The FAA is issuing this AD to address disbonding of
the rudder, which could result in reduced structural integrity of the
rudder, and consequent reduced controllability of the airplane.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0002 describes procedures for a one-time general
visual inspection and a special detailed inspection (woodpecker or tap
test) of the left- and right-hand rudder side shells for defects
(including bulging, waviness, and disbonding) and applicable corrective
actions. The corrective actions include accomplishing a special
detailed inspection of any affected part with defects and a temporary
and eventual permanent repair of the defects. EASA AD 2021-0002 also
prohibits modification of a rudder using the procedures in previously
issued service information. This material is reasonably
[[Page 8306]]
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
2021-0002 described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2021-0002
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2021-0002 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 the EASA AD 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 the
EASA AD. Service information specified in EASA AD 2021-0002 that is
required for compliance with EASA AD 2021-0002 is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0015.
FAA's Justification and Determination of the Effective Date
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 waiving notice and comment prior to adoption of this rule
because disbonding of the left- and right-hand rudder side shells could
result in reduced structural integrity of the rudder, and consequent
reduced controllability of the airplane. In addition, the compliance
time for the required action is shorter than the time necessary for the
public to comment and for publication of the final rule. Therefore, the
FAA finds good cause that notice and opportunity for prior public
comment are impracticable. In addition, for the reasons stated above,
the FAA finds 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-2021-0015; Project Identifier MCAI-
2021-00014-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
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 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 [email protected]. 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
The FAA estimates that this AD affects 1,630 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 16 work-hours x $85 per hour = Up $0 Up to $1,360.............. Up to $2,216,800.
to $1,360.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this AD.
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
[[Page 8307]]
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
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:
2021-03-05 Airbus SAS: Amendment 39-21408; Docket No. FAA-2021-0015;
Project Identifier MCAI-2021-00014-T.
(a) Effective Date
This airworthiness directive (AD) becomes effective February 22,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes, certificated in any
category, as identified in paragraphs (c)(1) through (4) of this AD.
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N and -273N airplanes.
(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 55, Stabilizers.
(e) Reason
This AD was prompted by a report that following accomplishment
of tap tests on rudders that were modified using the procedures in
certain previously issued service information, disbonding of the
rudder was found close to the lightning protection plate.
Investigation results determined that those procedures may lead to
inadequate curing of the affected part after modification. The FAA
is issuing this AD to address disbonding of the rudder, which could
result in reduced structural integrity of the rudder, and consequent
reduced controllability 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
2021-0002, dated January 6, 2021 (EASA AD 2021-0002).
(h) Exceptions to EASA AD 2021-0002
(1) Where EASA AD 2021-0002 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2021-0002 specifies to comply with ``the
instructions of the AOT,'' this AD requires using the words ``the
procedures marked as required for compliance (RC) in the AOT.''
(3) The ``Remarks'' section of EASA AD 2021-0002 does not apply
to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0002
specifies 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: [email protected].
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 AD 2019-0316 that contains RC procedures and
tests: Except as required by paragraph (j)(2) of this AD, RC
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 [email protected].
(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 2021-0002,
dated January 6, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0002, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des
[[Page 8308]]
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-2021-0015.
(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
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on January 23, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-02477 Filed 2-3-21; 2:00 pm]
BILLING CODE 4910-13-P