Airworthiness Directives; Airbus SAS Airplanes, 29181-29183 [2021-11428]
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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0367; Project
Identifier MCAI–2020–01398–T; Amendment
39–21562; AD 2021–10–29]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Examining the AD Docket
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A319–111, –112,
–113, –114, –115, –131, –132, and –133
airplanes. This AD was prompted by a
determination that the cabin swift
broadband antenna doubler installation
does not meet widespread fatigue
damage (WFD) requirements. This AD
requires a one-time special detailed
inspection of certain fastener holes,
replacement of the cabin swift
broadband antenna doubler, and repair
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
16, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of June 16, 2021.
The FAA must receive comments on
this AD by July 16, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• 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
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SUMMARY:
VerDate Sep<11>2014
16:41 May 28, 2021
Jkt 253001
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–
0367.
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0367; 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 2020–0218,
dated October 12, 2020 (EASA AD
2020–0218) (also referred to as the
Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an
unsafe condition for certain Airbus SAS
Model A319–111, –112, –113, –114,
–115, –131, –132, and –133 airplanes.
This AD was prompted by a
determination that the cabin swift
broadband antenna doubler installation
does not meet WFD requirements. The
FAA is issuing this AD to address the
potential effects of WFD on the
installation. This condition, if not
corrected, could reduce the structural
integrity of the fuselage. See the MCAI
for additional background information.
Related Service Information Under 1
CFR Part 51
EASA AD 2020–0218 describes
procedures for accomplishing a special
detailed inspection (roto test high
frequency eddy current) of the affected
fastener holes, repairing, if any cracks or
other discrepancies (e.g. oversized hole,
corrosion, or other damage) are found,
and replacing the cabin swift broadband
antenna doubler with a modified
doubler.
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Fmt 4700
Sfmt 4700
29181
This material is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
FAA’s Determination
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is issuing this AD
because the FAA evaluated all pertinent
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2020–
0218 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
2020–0218 is incorporated by reference
in this final rule. This AD, therefore,
requires compliance with EASA AD
2020–0218 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 2020–0218 that is required for
compliance with EASA AD 2020–0218
is available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0367.
E:\FR\FM\01JNR1.SGM
01JNR1
29182
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations
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.
There are currently no U.S.-registered
airplanes affected by this AD.
Accordingly, notice and opportunity for
prior public comment are unnecessary,
pursuant to 5 U.S.C. 553(b)(3). In
addition, for the foregoing reason(s), 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.
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–
2021–0367; Project Identifier MCAI–
2020–01398–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 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.
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
Currently, there are no affected U.S.registered airplanes. If an affected
airplane is imported and placed on the
U.S. Register in the future, the FAA
provides the following cost estimates to
comply with this AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per product
239 work-hours × $85 per hour = $20,315 .............................................
Up to $3,400 ..................................
Up to $23,715.
The FAA has received no definitive
data on which to base the cost estimates
for the on-condition repairs specified in
this AD.
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
List of Subjects in 14 CFR Part 39
Authority for This Rulemaking
Regulatory Findings
Adoption of the Amendment
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
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.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
VerDate Sep<11>2014
16:41 May 28, 2021
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Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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
the following new airworthiness
directive:
■
2021–10–29 Airbus SAS: Amendment 39–
21562; Docket No. FAA–2021–0367;
Project Identifier MCAI–2020–01398–T.
E:\FR\FM\01JNR1.SGM
01JNR1
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations
(a) Effective Date
This airworthiness directive (AD) becomes
effective June 16, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A319–111, –112, –113, –114, –115, –131,
–132, and –133 airplanes, certificated in any
category, as identified in European Union
Aviation Safety Agency (EASA) AD 2020–
0218, dated October 12, 2020 (EASA AD
2020–0218).
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Reason
This AD was prompted by a determination
that the cabin swift broadband antenna
doubler installation does not meet
widespread fatigue damage (WFD)
requirements. The FAA is issuing this AD to
address the potential effects of WFD on the
installation. This condition, if not corrected,
could reduce the structural integrity of the
fuselage.
(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, EASA AD 2020–0218.
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(h) Exceptions to EASA AD 2020–0218
(1) Where EASA AD 2020–0218 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0218 does not apply to this AD.
(3) Where paragraph (3) of EASA AD 2020–
0218 specifies actions if ‘‘any discrepancy is
detected,’’ for this AD a ‘‘discrepancy’’ is
defined as any crack, oversized hole,
corrosion, or other damage.
(4) Where paragraph (3) of EASA AD 2020–
0218 specifies to ‘‘contact Airbus for
applicable corrective actions,’’ if corrective
actions are associated with cracking, the
cracking must be repaired before further
flight 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.
(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
VerDate Sep<11>2014
16:41 May 28, 2021
Jkt 253001
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 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 2020–0218, dated October 12,
2020.
(ii) [Reserved]
(3) For EASA AD 2020–0218, 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
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–2021–0367.
PO 00000
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29183
(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 7, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–11428 Filed 5–28–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0126; Project
Identifier MCAI–2020–00266–R; Amendment
39–21556; AD 2021–10–23]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters Deutschland GmbH (AHD)
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for Airbus
Helicopters Deutschland GmbH (AHD)
Model MBB–BK 117 D–2 helicopters.
This AD was prompted by a report of a
broken Titanium (Ti) bolt. This AD
requires removing certain Ti-bolts from
service and prohibits installing these Tibolts in a critical area. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective July 6, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain document listed in this AD
as of July 6, 2021.
ADDRESSES: For service information
identified in this final rule, contact
Airbus Helicopters, 2701 N Forum
Drive, Grand Prairie, TX 75052;
telephone (972) 641–0000 or (800) 232–
0323; fax (972) 641–3775; or at https://
www.airbus.com/helicopters/services/
technical-support.html. You may view
the referenced service information at the
FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX
76177. It is also available at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0126.
SUMMARY:
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
E:\FR\FM\01JNR1.SGM
01JNR1
Agencies
[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Rules and Regulations]
[Pages 29181-29183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11428]
[[Page 29181]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0367; Project Identifier MCAI-2020-01398-T;
Amendment 39-21562; AD 2021-10-29]
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
certain Airbus SAS Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes. This AD was prompted by a determination that the
cabin swift broadband antenna doubler installation does not meet
widespread fatigue damage (WFD) requirements. This AD requires a one-
time special detailed inspection of certain fastener holes, replacement
of the cabin swift broadband antenna doubler, and repair 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 16, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 16,
2021.
The FAA must receive comments on this AD by July 16, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
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-2021-0367.
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-
0367; 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 2020-0218, dated October 12, 2020
(EASA AD 2020-0218) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain Airbus SAS Model A319-111, -112, -113, -114, -115, -131, -
132, and -133 airplanes.
This AD was prompted by a determination that the cabin swift
broadband antenna doubler installation does not meet WFD requirements.
The FAA is issuing this AD to address the potential effects of WFD on
the installation. This condition, if not corrected, could reduce the
structural integrity of the fuselage. See the MCAI for additional
background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0218 describes procedures for accomplishing a special
detailed inspection (roto test high frequency eddy current) of the
affected fastener holes, repairing, if any cracks or other
discrepancies (e.g. oversized hole, corrosion, or other damage) are
found, and replacing the cabin swift broadband antenna doubler with a
modified doubler.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the FAA evaluated
all pertinent information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2020-0218 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 2020-0218
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2020-0218 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 2020-0218 that is
required for compliance with EASA AD 2020-0218 is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0367.
[[Page 29182]]
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.
There are currently no U.S.-registered airplanes affected by this
AD. Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3). In addition, for the
foregoing reason(s), 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.
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-2021-0367; Project Identifier MCAI-
2020-01398-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
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
239 work-hours x $85 per hour = Up to $3,400...... Up to $23,715.
$20,315.
------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs 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 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:2021-10-29 Airbus
SAS: Amendment 39-21562; Docket No. FAA-2021-0367; Project
Identifier MCAI-2020-01398-T.
[[Page 29183]]
(a) Effective Date
This airworthiness directive (AD) becomes effective June 16,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A319-111, -112, -113, -114,
-115, -131, -132, and -133 airplanes, certificated in any category,
as identified in European Union Aviation Safety Agency (EASA) AD
2020-0218, dated October 12, 2020 (EASA AD 2020-0218).
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by a determination that the cabin swift
broadband antenna doubler installation does not meet widespread
fatigue damage (WFD) requirements. The FAA is issuing this AD to
address the potential effects of WFD on the installation. This
condition, if not corrected, could reduce the structural integrity
of the fuselage.
(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, EASA AD 2020-0218.
(h) Exceptions to EASA AD 2020-0218
(1) Where EASA AD 2020-0218 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0218 does not apply
to this AD.
(3) Where paragraph (3) of EASA AD 2020-0218 specifies actions
if ``any discrepancy is detected,'' for this AD a ``discrepancy'' is
defined as any crack, oversized hole, corrosion, or other damage.
(4) Where paragraph (3) of EASA AD 2020-0218 specifies to
``contact Airbus for applicable corrective actions,'' if corrective
actions are associated with cracking, the cracking must be repaired
before further flight 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.
(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 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 2020-0218,
dated October 12, 2020.
(ii) [Reserved]
(3) For EASA AD 2020-0218, 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-2021-0367.
(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 7, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-11428 Filed 5-28-21; 8:45 am]
BILLING CODE 4910-13-P