Airworthiness Directives; Airbus SAS Airplanes, 27261-27264 [2021-10590]
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27261
Rules and Regulations
Federal Register
Vol. 86, No. 96
Thursday, May 20, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0370; Project
Identifier MCAI–2021–00477–T; Amendment
39–21568; AD 2021–11–06]
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 the loss of a windshield in
flight, and the consequent rapid
depressurization of the flight deck,
which caused damage to flight deck
items and systems and subsequent
thermal shock and overheat, damage to
windshield structural plies, and
impaired structural integrity of the
windshield. This AD requires repetitive
inspections and electrical test
measurements (EMTs) of affected
windshields, and corrective actions if
necessary, 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 June
4, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of June 4, 2021.
The FAA must receive comments on
this AD by July 6, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
SUMMARY:
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• 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 EASA, KonradAdenauer-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–
0370.
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–
0370; 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
Sanjay.Ralhan@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2021–0111,
dated April 22, 2021 (EASA AD 2021–
0111) (also referred to as the Mandatory
Continuing Airworthiness Information,
or the MCAI), to correct an unsafe
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condition for all Airbus SAS Model
A318, A319, and A321 series airplanes;
and Model A320–211, –212, –214, –215,
–216, –231, –232, –233, –251N, –252N,
–253N, –271N, –272N, and –273N
airplanes. Model 320–215 airplanes,
which are included in the applicability
of EASA AD, are not certificated by the
FAA and are not included on the U.S.
type certificate data sheet; those
airplanes are therefore not included in
applicability of this AD.
This AD was prompted by the loss of
the right windshield in flight on a
Model A319 series airplane. The
consequent rapid depressurization of
the flight deck caused damage to flight
deck items and systems and led to a
significant increase in flightcrew
workload. Investigations into the
incident identified several contributing
factors, including manufacturing
variability, fretting between windshield
components, water ingress, and
corrosion of electrical braids. The
subsequent thermal shock and overheat
damaged more than one of the
windshield structural plies and
impaired the structural integrity of the
windshield. Failure of the windshield
could result in injury to the flightcrew
and depressurization of the airplane,
which could cause loss of control of the
airplane. See the MCAI for additional
background information.
Related Service Information Under 1
CFR Part 51
EASA AD 2021–0111 specifies
procedures for repetitive detailed
inspections of affected windshields for
defects including delamination or
bubbles on the windshield and signs of
water ingress and corrosion damage of
the windshield connector, EMTs
(dielectric and insulation tests) of the
windshields for potential wiring
insulation damage and core degradation,
and replacement of windshields that fail
an inspection or EMT. EASA AD 2021–
0111 also specifies reporting inspection
and test results to Airbus. 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
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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–
0111 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
2021–0111 is incorporated by reference
in this final rule. This AD, therefore,
requires compliance with EASA AD
2021–0111 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 2021–0111 that is required for
compliance with EASA AD 2021–0111
is available at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0370.
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 impaired structural
integrity of the windshield could lead to
failure of the windshield, possibly
resulting in injury to the flightcrew and
in-flight depressurization of the
airplane, which would require
exceptional piloting skill to maintain
control 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.
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.
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–
2021–0370; Project Identifier MCAI–
2021–00477–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.
Regulatory Flexibility Act (RFA)
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 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.
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 1,728 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS *
Labor cost
Cost per
product
Parts cost
3 work-hours × $85 per hour = $255 ........................................................
$0
Cost on U.S.
operators
$255
Up to $440,640.
* The table does not include estimated costs for reporting.
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The FAA estimates that it takes about
1 work-hour per product to comply with
the reporting requirement in this AD.
The average labor rate is $85 per hour.
Based on these figures, the FAA
estimates the cost of reporting the
inspection results on U.S. operators to
be $146,880, or $85 per product.
The FAA estimates the following
costs to do any necessary on-condition
27263
actions that would be required based on
the results of any required actions. The
FAA has no way of determining the
number of aircraft that might need these
on-condition actions:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per
product
10 work-hours × $85 per hour = $850 ....................................................................................................................
$12,990
$13,840
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or all
of the costs of this AD may be covered
under warranty, thereby reducing the
cost impact on affected operators.
Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a current valid
OMB control number. The control
number for the collection of information
required by this AD is 2120–0056. The
paperwork cost associated with this AD
has been detailed in the Costs of
Compliance section of this document
and includes time for reviewing
instructions, as well as completing and
reviewing the collection of information.
Therefore, all reporting associated with
this AD is mandatory. Comments
concerning the accuracy of this burden
and suggestions for reducing the burden
should be directed to Information
Collection Clearance Officer, Federal
Aviation Administration, 10101
Hillwood Parkway, Fort Worth, TX
76177–1524.
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
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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:
■
2021–11–06 Airbus SAS: Amendment 39–
21568; Docket No. FAA–2021–0370;
Project Identifier MCAI–2021–00477–T.
(a) Effective Date
This airworthiness directive (AD) becomes
effective June 4, 2021.
(b) Affected ADs
None.
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(c) Applicability
This AD applies to the Airbus SAS
airplanes, certificated in any category,
identified in paragraphs (c)(1) through (4) of
this AD.
(1) All Model A318–111, A318–112, A318–
121, and A318–122 airplanes.
(2) All Model A319–111, A319–112, A319–
113, A319–114, A319–115, A319–131, A319–
132, A319–133, A319–151N, A319–153N,
and A319–171N airplanes.
(3) All Model A320–211, A320–212, A320–
214, A320–216, A320–231, A320–232, A320–
233, A320–251N, A320–252N, A320–253N,
A320–271N, A320–272N, and A320–273N
airplanes.
(4) All Model A321–111, A321–112, A321–
131, A321–211, A321–212, A321–213, A321–
231, A321–232, A321–251N, A321–252N,
A321–253N, A321–251NX, A321–252NX,
A321–253NX, A321–271N, A321–272N,
A321–271NX, and A321–272NX airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 56, Windows.
(e) Reason
This AD was prompted by the loss of a
windshield in flight, and the consequent
rapid depressurization of the flight deck,
which caused damage to flight deck items
and systems and subsequent thermal shock
and overheat, damage to windshield
structural plies, and impaired structural
integrity of the windshield. The FAA is
issuing this AD to prevent failure of the
windshield, which could result in injury to
the flightcrew and in-flight depressurization
of the airplane, and would require
exceptional piloting skill to maintain control
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 2021–0111, dated
April 22, 2021 (EASA AD 2021–0111).
(h) Exceptions to EASA AD 2021–0111
(1) Where EASA AD 2021–0111 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2021–0111 does not apply to this AD.
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(i) 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 (j) 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): Except
as required by paragraph (i)(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.
(j) 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.
(k) 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 2021–0111, dated April 22, 2021.
(ii) [Reserved]
(3) For EASA AD 2021–0111, contact
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
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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–2021–0370.
(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 May 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–10590 Filed 5–17–21; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0568; Project
Identifier 2019–NE–20–AD; Amendment 39–
21542; AD 2021–10–09]
RIN 2120–AA64
Airworthiness Directives; CFM
International, S.A. Turbofan Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all CFM
International, S.A. (CFM) CFM56–5B
and CFM56–7B model turbofan engines
with a certain high-pressure turbine
(HPT) inner stationary seal installed.
This AD was prompted by cracks found
in the rotating air HPT front seal. This
AD requires removal, inspection, and
replacement of the affected HPT inner
stationary seal and, depending on the
findings, replacement of the rotating air
HPT front seal, HPT rotor blades, and
No. 3 ball bearing. The FAA is issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective June 24,
2021.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of June 24, 2021.
ADDRESSES: For service information
identified in this final rule, contact CFM
International Inc., Aviation Operations
Center, 1 Neumann Way, M/D Room
285, Cincinnati, OH 45125; phone: (877)
SUMMARY:
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432–3272; fax: (877) 432–3329; email:
aviation.fleetsupport@ge.com. You may
view this service information at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (781) 238–
7759. It is also available at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0568.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–0568; 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:
Christopher McGuire, Aviation Safety
Engineer, ECO Branch, FAA, 1200
District Avenue, Burlington, MA 01803;
phone: (781) 238–7120; fax: (781) 238–
7199; email: chris.mcguire@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all CFM CFM56–5B and
CFM56–7B model turbofan engines with
a certain HPT inner stationary seal
installed. The NPRM published in the
Federal Register on September 20, 2019
(84 FR 49487). The NPRM was
prompted by a report that two cracks
were discovered on a CFM CFM56–5B
model turbofan engine rotating air HPT
front seal during a routine engine shop
visit. After investigation, CFM
determined that the HPT inner
stationary seal, part number
1808M56G01, may not have received
the correct braze heat treat cycle at the
time of the honeycomb replacement. As
a result, the affected HPT inner
stationary seal could lead to a localized
separation of the replaced honeycomb,
which may reduce the life of the
rotating air HPT front seal. In the
NPRM, the FAA proposed to require
removal, inspection, and replacement of
the affected HPT inner stationary seal
and, depending on the findings,
replacement of the rotating air HPT
front seal, HPT rotor blades, and No. 3
ball bearing. The FAA is issuing this AD
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Agencies
[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Rules and Regulations]
[Pages 27261-27264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10590]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Rules
and Regulations
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0370; Project Identifier MCAI-2021-00477-T;
Amendment 39-21568; AD 2021-11-06]
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 A318, A319, A320, and A321 series airplanes. This AD
was prompted by the loss of a windshield in flight, and the consequent
rapid depressurization of the flight deck, which caused damage to
flight deck items and systems and subsequent thermal shock and
overheat, damage to windshield structural plies, and impaired
structural integrity of the windshield. This AD requires repetitive
inspections and electrical test measurements (EMTs) of affected
windshields, and corrective actions if necessary, 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 June 4, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 4,
2021.
The FAA must receive comments on this AD by July 6, 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
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-2021-0370.
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-
0370; 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
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0111, dated April 22, 2021
(EASA AD 2021-0111) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A318, A319, and A321 series airplanes; and
Model A320-211, -212, -214, -215, -216, -231, -232, -233, -251N, -252N,
-253N, -271N, -272N, and -273N airplanes. Model 320-215 airplanes,
which are included in the applicability of EASA AD, are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; those airplanes are therefore not included in
applicability of this AD.
This AD was prompted by the loss of the right windshield in flight
on a Model A319 series airplane. The consequent rapid depressurization
of the flight deck caused damage to flight deck items and systems and
led to a significant increase in flightcrew workload. Investigations
into the incident identified several contributing factors, including
manufacturing variability, fretting between windshield components,
water ingress, and corrosion of electrical braids. The subsequent
thermal shock and overheat damaged more than one of the windshield
structural plies and impaired the structural integrity of the
windshield. Failure of the windshield could result in injury to the
flightcrew and depressurization of the airplane, which could cause loss
of control of the airplane. See the MCAI for additional background
information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0111 specifies procedures for repetitive detailed
inspections of affected windshields for defects including delamination
or bubbles on the windshield and signs of water ingress and corrosion
damage of the windshield connector, EMTs (dielectric and insulation
tests) of the windshields for potential wiring insulation damage and
core degradation, and replacement of windshields that fail an
inspection or EMT. EASA AD 2021-0111 also specifies reporting
inspection and test results to Airbus. 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
[[Page 27262]]
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
2021-0111 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 2021-0111
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2021-0111 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 2021-0111 that is
required for compliance with EASA AD 2021-0111 is available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0370.
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 impaired structural integrity of the windshield could lead to
failure of the windshield, possibly resulting in injury to the
flightcrew and in-flight depressurization of the airplane, which would
require exceptional piloting skill to maintain control 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-2021-0370; Project Identifier MCAI-
2021-00477-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 1,728 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions *
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Cost per
Labor cost Parts cost product Cost on U.S. operators
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3 work-hours x $85 per hour = $255............ $0 $255 Up to $440,640.
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* The table does not include estimated costs for reporting.
[[Page 27263]]
The FAA estimates that it takes about 1 work-hour per product to
comply with the reporting requirement in this AD. The average labor
rate is $85 per hour. Based on these figures, the FAA estimates the
cost of reporting the inspection results on U.S. operators to be
$146,880, or $85 per product.
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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10 work-hours x $85 per hour = $850... $12,990 $13,840
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.
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
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:
2021-11-06 Airbus SAS: Amendment 39-21568; Docket No. FAA-2021-0370;
Project Identifier MCAI-2021-00477-T.
(a) Effective Date
This airworthiness directive (AD) becomes effective June 4,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the Airbus SAS airplanes, certificated in any
category, identified in paragraphs (c)(1) through (4) of this AD.
(1) All Model A318-111, A318-112, A318-121, and A318-122
airplanes.
(2) All Model A319-111, A319-112, A319-113, A319-114, A319-115,
A319-131, A319-132, A319-133, A319-151N, A319-153N, and A319-171N
airplanes.
(3) All Model A320-211, A320-212, A320-214, A320-216, A320-231,
A320-232, A320-233, A320-251N, A320-252N, A320-253N, A320-271N,
A320-272N, and A320-273N airplanes.
(4) All Model A321-111, A321-112, A321-131, A321-211, A321-212,
A321-213, A321-231, A321-232, A321-251N, A321-252N, A321-253N, A321-
251NX, A321-252NX, A321-253NX, A321-271N, A321-272N, A321-271NX, and
A321-272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 56, Windows.
(e) Reason
This AD was prompted by the loss of a windshield in flight, and
the consequent rapid depressurization of the flight deck, which
caused damage to flight deck items and systems and subsequent
thermal shock and overheat, damage to windshield structural plies,
and impaired structural integrity of the windshield. The FAA is
issuing this AD to prevent failure of the windshield, which could
result in injury to the flightcrew and in-flight depressurization of
the airplane, and would require exceptional piloting skill to
maintain control 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
2021-0111, dated April 22, 2021 (EASA AD 2021-0111).
(h) Exceptions to EASA AD 2021-0111
(1) Where EASA AD 2021-0111 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2021-0111 does not apply
to this AD.
[[Page 27264]]
(i) 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 (j) 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): Except as required by
paragraph (i)(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.
(j) 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].
(k) 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 2021-0111,
dated April 22, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0111, contact 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 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-2021-0370.
(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 May 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-10590 Filed 5-17-21; 11:15 am]
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