Airworthiness Directives; Airbus SAS Airplanes, 32653-32656 [2021-13057]
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32653
Proposed Rules
Federal Register
Vol. 86, No. 117
Tuesday, June 22, 2021
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0506; Project
Identifier MCAI–2021–00200–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2013–25–11, which applies to all Airbus
SAS Model A318–111, –112, –121, and
–122 airplanes; Model A319–111, –112,
–113, –114, –115, –131, –132, and –133
airplanes; Model A320–111, –211, –212,
–214, –231, –232, and –233 airplanes;
and Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
AD 2013–25–11 requires repetitive
inspections of the 80VU rack lower
lateral fittings, upper fittings, and
shelves for damage, repetitive
inspections of the 80VU rack lower
central support for cracking, and
corrective action if necessary. AD 2013–
25–11 also specifies optional
terminating action for the repetitive
inspections. Since the FAA issued AD
2013–25–11, new damage was reported
on airplanes that had complied with
certain actions in that AD. This
proposed AD would expand the
applicability, remove the optional
terminating action, and require new
repetitive inspections, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is proposed for
incorporation by reference. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by August 6, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
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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 that will be incorporated
by reference (IBR) in this AD, 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 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–
0506.
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–
0506; 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 NPRM, 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:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
PO 00000
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FAA–2021–0506; Project Identifier
MCAI–2021–00200–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, 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 the proposal
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 proposed
AD.
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 NPRM
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 NPRM, 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
NPRM. 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.
Background
The FAA issued AD 2013–25–11,
Amendment 39–17707 (78 FR 78705,
December 27, 2013) (AD 2013–25–11),
which applies to all Airbus SAS Model
A318–111, –112, –121, and –122
airplanes; Model A319–111, –112, –113,
–114, –115, –131, –132, and –133
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airplanes; Model A320–111, –211, –212,
–214, –231, –232, and –233 airplanes;
and Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
AD 2013–25–11 requires repetitive
inspections of the 80VU rack lower
lateral fittings, upper fittings, and
shelves for damage, repetitive
inspections of the 80VU rack lower
central support for cracking, and
corrective action if necessary. AD 2013–
25–11 also specifies optional
terminating action for the repetitive
inspections. The FAA issued AD 2013–
25–11 to address damage or cracking of
the 80VU fittings and supports, which
could lead to possible disconnection of
the cable harnesses to one or more
computers, and if occurring during a
critical phase of flight, could result in
reduced control of the airplane.
lotter on DSK11XQN23PROD with PROPOSALS1
Actions Since AD 2013–25–11 Was
Issued
Since the FAA issued AD 2013–25–
11, new damage was reported on
airplanes that had accomplished the
actions specified in Airbus Service
Bulletin A320–53–1215 and Airbus
Service Bulletin A320–25–1557, which
AD 2013–25–11 specified as optional
terminating action for the repetitive
inspections. Damage was also found on
airplanes on which Airbus mod 34804
(which provides the same modifications
specified in Airbus Service Bulletin
A320–53–1215 and Airbus Service
Bulletin A320–25–1557) was embodied.
Additional airplane models have also
been determined to be subject to the
unsafe condition. The FAA has
therefore determined that new repetitive
inspections of the 80VU rack are
necessary to address the unsafe
condition, and the applicability needs to
be revised to include the additional
airplane models.
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2021–0045,
dated February 16, 2021 (EASA AD
2021–0045) (also referred to as the
Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an
unsafe condition for all Airbus SAS
Model A318–111, A318–112, A319–111,
A319–112, A319–113, A319–114, A319–
115, A319–131, A319–132, A319–133,
A320–211, A320–212, A320–214, A320–
215, A320–216, A320–231, A320–232,
A320–233, A321–111, A321–112, A321–
131, A321–211, A321–212, A321–213,
A321–231 and A321–232 airplanes.
EASA AD 2021–0045 supersedes EASA
AD 2012–0134 (which corresponds to
FAA AD 2013–25–11). Model A320–215
airplanes are not certificated by the FAA
and are not included on the U.S. type
certificate data sheet; this AD therefore
does not include those airplanes in the
applicability.
This proposed AD was prompted by
reports of damaged lower lateral fittings
of the 80VU rack, and reports of new
damage on airplanes on which certain
optional service information had been
accomplished. The FAA is proposing
this AD to address damage or cracking
of the 80VU fittings and supports,
which could lead to possible
disconnection of the cable harnesses to
one or more computers, and if occurring
during a critical phase of flight, could
result in reduced control of the airplane.
See the MCAI for additional background
information.
Related Service Information Under 1
CFR Part 51
EASA AD 2021–0045 describes
procedures for repetitive special
detailed inspections of the 80VU rack
lower lateral fittings, lower central
support, upper fittings, central post, and
shelves attachments for discrepancies
(including broken fittings, missing bolts,
an electronics rack FIN 80VU that is in
contact with structure, any bush that
has migrated, burred material, and
cracks), and corrective action if
necessary. Corrective actions include
modification, repair, and replacement.
EASA AD 2021–0045 also describes
procedures for reporting inspection
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 and Requirements
of This Proposed AD
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 proposing this AD
because the FAA evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
EASA AD 2021–0045 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
2021–0045 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2021–0045
in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed 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
2021–0045 that is required for
compliance with EASA AD 2021–0045
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0506 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 1,528 airplanes of U.S.
registry. The FAA estimates the
following costs to comply with this
proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS *
Action
Labor cost
Retained actions from AD 2013–25–
11.
87 work-hours × $85 per hour =
$7,395.
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PO 00000
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Parts cost
Sfmt 4702
Cost per
product
$2,592
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Cost on U.S.
operators
$9,987
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$15,260,136
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ESTIMATED COSTS FOR REQUIRED ACTIONS *—Continued
Action
Labor cost
New proposed actions ........................
Up to 8 work-hours × $85 per hour =
Up to $680.
Cost per
product
Parts cost
$0
Cost on U.S.
operators
Up to $680
Up to $1,039,040
* Table does not include estimated costs for reporting.
The FAA estimates that it would take
about 1 work-hour per product to
comply with the proposed reporting
requirement in this proposed 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 $129,880, 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
Action
Labor cost
Repair ..........................................................
Replacement ...............................................
Modification .................................................
122 work-hours × $85 per hour = $10,370 ...................................
Up to 189 work-hours × $85 per hour = Up to $16,065 ...............
189 work-hours × $85 per hour = $16,065 ...................................
lotter on DSK11XQN23PROD with PROPOSALS1
According to the manufacturer, some
or all of the costs of this proposed AD
may be covered under warranty, thereby
reducing the cost impact on affected
operators. The FAA does not control
warranty coverage for affected operators.
As a result, the FAA has included all
known costs in the cost estimate.
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 proposed AD is 2120–
0056. The paperwork cost associated
with this proposed 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 proposed
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
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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.
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would 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 this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Frm 00003
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$4,150
Up to $6,928
$7,407
$14,520
Up to $22,993
$23,472
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 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:
a. Removing Airworthiness Directive
(AD) 2013–25–11, Amendment 39–
17707 (78 FR 78705, December 27,
2013), and
■ b. Adding the following new AD:
■
■
Regulatory Findings
PO 00000
Cost per
product
Parts cost
Sfmt 4702
Airbus SAS: Docket No. FAA–2021–0506;
Project Identifier MCAI–2021–00200–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by August 6,
2021.
(b) Affected ADs
This AD replaces AD 2013–25–11,
Amendment 39–17707 (78 FR 78705,
December 27, 2013) (AD 2013–25–11).
(c) Applicability
This AD applies to all Airbus SAS
airplanes, certificated in any category,
identified in paragraphs (c)(1) through (4) of
this AD.
(1) Model A318–111 and –112 airplanes.
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(2) Model A319–111, –112, –113, –114,
–115, –131, –132, and –133 airplanes.
(3) Model A320–211, –212, –214, –216,
–231, –232, and –233 airplanes.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/furnishings.
(e) Reason
This AD was prompted by reports of
damaged lower lateral fittings of the 80VU
rack, and reports of new damage on airplanes
on which certain optional service
information had been accomplished. The
FAA is issuing this AD to address damage or
cracking of the 80VU fittings and supports,
which could lead to possible disconnection
of the cable harnesses to one or more
computers, and if occurring during a critical
phase of flight, could result in reduced
control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2021–0045, dated
February 16, 2021 (EASA AD 2021–0045).
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(h) Exceptions to EASA AD 2021–0045
(1) Where EASA AD 2021–0045 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The remarks section of EASA AD 2021–
0045 does not apply to this AD.
(3) Where paragraph (2) of EASA AD 2021–
0045 specifies ‘‘any discrepancy,’’ for this AD
‘‘any discrepancy’’ includes broken fittings,
missing bolts, an electronics rack FIN 80VU
that is in contact with structure, any bush
that has migrated, burred material, and
cracks.
(4) Paragraph (4) of EASA AD 2021–0045
specifies to report inspection results to
Airbus within a certain compliance time. For
this AD, report inspection results at the
applicable time specified in paragraph
(h)(4)(i) or (ii) of this AD.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 90 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
within 90 days after the effective date of this
AD.
(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
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information directly to the Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (j)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(i) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD
2013–25–11 are approved as AMOCs for the
corresponding provisions of EASA AD 2021–
0045 that are required by paragraph (g) of this
AD.
(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
2021–0045 that contains RC procedures and
tests: Except as required by paragraph (i)(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.
(4) Paperwork Reduction Act Burden
Statement: A federal agency may not conduct
or sponsor, and a person is not required to
respond to, nor shall a person be subject to
a 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 OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, searching existing data sources,
gathering and maintaining the data needed,
and completing and reviewing the collection
of information. All responses to this
collection of information are mandatory as
required by this AD. Send comments
regarding this burden estimate or any other
aspect of this collection of information,
including suggestions for reducing this
burden to Information Collection Clearance
Officer, Federal Aviation Administration,
10101 Hillwood Parkway, Fort Worth, TX
76177–1524.
(j) Related Information
(1) For information about EASA AD 2021–
0045, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49
221 8999 000; email ADs@easa.europa.eu;
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
internet www.easa.europa.eu. You may find
this EASA AD on the EASA website at
https://ad.easa.europa.eu. 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–2021–0506.
(2) 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.
Issued on June 15, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–13057 Filed 6–21–21; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2021–0262; FRL–10025–
02–Region 8]
Approval and Promulgation of
Implementation Plans; Colorado;
Revisions to Regulation Number 7;
Aerospace, Oil and Gas, and Other
RACT Requirements for 2008 8-Hour
Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing approval of
State Implementation Plan (SIP)
revisions submitted by the State of
Colorado on May 14, 2018, May 8, 2019,
and May 13, 2020. The revisions are to
Colorado Air Quality Control
Commission (Commission or AQCC)
Regulation Number 7 (Reg. 7). The
revisions to Reg. 7 address Colorado’s
SIP obligation to require reasonably
available control technology (RACT) for
sources covered by the 2016 oil &
natural gas control techniques
guidelines (CTG or CTGs) for Moderate
nonattainment areas under the 2008
ozone National Ambient Air Quality
Standard (NAAQS); update RACT
requirements for major sources of
volatile organic compounds (VOC) and
nitrogen oxides (NOx); reorganize the
regulation; add incorporation by
reference dates to rules and reference
SUMMARY:
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[Federal Register Volume 86, Number 117 (Tuesday, June 22, 2021)]
[Proposed Rules]
[Pages 32653-32656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13057]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 /
Proposed Rules
[[Page 32653]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0506; Project Identifier MCAI-2021-00200-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2013-25-11, which applies to all Airbus SAS Model A318-111, -112, -121,
and -122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232, and -
233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes. AD 2013-25-11 requires repetitive inspections of
the 80VU rack lower lateral fittings, upper fittings, and shelves for
damage, repetitive inspections of the 80VU rack lower central support
for cracking, and corrective action if necessary. AD 2013-25-11 also
specifies optional terminating action for the repetitive inspections.
Since the FAA issued AD 2013-25-11, new damage was reported on
airplanes that had complied with certain actions in that AD. This
proposed AD would expand the applicability, remove the optional
terminating action, and require new repetitive inspections, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference. The FAA is proposing this
AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by August 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 that will be 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-2021-0506.
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-
0506; 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 NPRM, 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:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0506; Project Identifier
MCAI-2021-00200-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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
the proposal 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 proposed AD.
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 NPRM 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 NPRM, 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 NPRM. 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.
Background
The FAA issued AD 2013-25-11, Amendment 39-17707 (78 FR 78705,
December 27, 2013) (AD 2013-25-11), which applies to all Airbus SAS
Model A318-111, -112, -121, and -122 airplanes; Model A319-111, -112, -
113, -114, -115, -131, -132, and -133
[[Page 32654]]
airplanes; Model A320-111, -211, -212, -214, -231, -232, and -233
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and
-232 airplanes. AD 2013-25-11 requires repetitive inspections of the
80VU rack lower lateral fittings, upper fittings, and shelves for
damage, repetitive inspections of the 80VU rack lower central support
for cracking, and corrective action if necessary. AD 2013-25-11 also
specifies optional terminating action for the repetitive inspections.
The FAA issued AD 2013-25-11 to address damage or cracking of the 80VU
fittings and supports, which could lead to possible disconnection of
the cable harnesses to one or more computers, and if occurring during a
critical phase of flight, could result in reduced control of the
airplane.
Actions Since AD 2013-25-11 Was Issued
Since the FAA issued AD 2013-25-11, new damage was reported on
airplanes that had accomplished the actions specified in Airbus Service
Bulletin A320-53-1215 and Airbus Service Bulletin A320-25-1557, which
AD 2013-25-11 specified as optional terminating action for the
repetitive inspections. Damage was also found on airplanes on which
Airbus mod 34804 (which provides the same modifications specified in
Airbus Service Bulletin A320-53-1215 and Airbus Service Bulletin A320-
25-1557) was embodied. Additional airplane models have also been
determined to be subject to the unsafe condition. The FAA has therefore
determined that new repetitive inspections of the 80VU rack are
necessary to address the unsafe condition, and the applicability needs
to be revised to include the additional airplane models.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0045, dated February 16, 2021
(EASA AD 2021-0045) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A318-111, A318-112, A319-111, A319-112, A319-
113, A319-114, A319-115, A319-131, A319-132, A319-133, A320-211, A320-
212, A320-214, A320-215, A320-216, A320-231, A320-232, A320-233, A321-
111, A321-112, A321-131, A321-211, A321-212, A321-213, A321-231 and
A321-232 airplanes. EASA AD 2021-0045 supersedes EASA AD 2012-0134
(which corresponds to FAA AD 2013-25-11). Model A320-215 airplanes are
not certificated by the FAA and are not included on the U.S. type
certificate data sheet; this AD therefore does not include those
airplanes in the applicability.
This proposed AD was prompted by reports of damaged lower lateral
fittings of the 80VU rack, and reports of new damage on airplanes on
which certain optional service information had been accomplished. The
FAA is proposing this AD to address damage or cracking of the 80VU
fittings and supports, which could lead to possible disconnection of
the cable harnesses to one or more computers, and if occurring during a
critical phase of flight, could result in reduced control of the
airplane. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0045 describes procedures for repetitive special
detailed inspections of the 80VU rack lower lateral fittings, lower
central support, upper fittings, central post, and shelves attachments
for discrepancies (including broken fittings, missing bolts, an
electronics rack FIN 80VU that is in contact with structure, any bush
that has migrated, burred material, and cracks), and corrective action
if necessary. Corrective actions include modification, repair, and
replacement. EASA AD 2021-0045 also describes procedures for reporting
inspection 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 and Requirements of This Proposed AD
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 proposing this AD because the FAA
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0045 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 2021-0045
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2021-0045 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed 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 2021-0045 that is required for compliance with EASA AD 2021-
0045 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0506 after the FAA
final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 1,528 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions *
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Retained actions from AD 2013-25- 87 work-hours x $2,592 $9,987 $15,260,136
11. $85 per hour =
$7,395.
[[Page 32655]]
New proposed actions............ Up to 8 work-hours $0 Up to $680 Up to $1,039,040
x $85 per hour =
Up to $680.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.
The FAA estimates that it would take about 1 work-hour per product
to comply with the proposed reporting requirement in this proposed 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 $129,880, 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
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
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Repair........................................ 122 work-hours x $85 per hour = $4,150 $14,520
$10,370.
Replacement................................... Up to 189 work-hours x $85 per Up to $6,928 Up to $22,993
hour = Up to $16,065.
Modification.................................. 189 work-hours x $85 per hour = $7,407 $23,472
$16,065.
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According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators. The FAA does not control warranty
coverage for affected operators. As a result, the FAA has included all
known costs in the cost estimate.
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 proposed AD
is 2120-0056. The paperwork cost associated with this proposed 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 proposed 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:
0
a. Removing Airworthiness Directive (AD) 2013-25-11, Amendment 39-17707
(78 FR 78705, December 27, 2013), and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2021-0506; Project Identifier MCAI-2021-
00200-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by August 6, 2021.
(b) Affected ADs
This AD replaces AD 2013-25-11, Amendment 39-17707 (78 FR 78705,
December 27, 2013) (AD 2013-25-11).
(c) Applicability
This AD applies to all Airbus SAS airplanes, certificated in any
category, identified in paragraphs (c)(1) through (4) of this AD.
(1) Model A318-111 and -112 airplanes.
[[Page 32656]]
(2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Reason
This AD was prompted by reports of damaged lower lateral
fittings of the 80VU rack, and reports of new damage on airplanes on
which certain optional service information had been accomplished.
The FAA is issuing this AD to address damage or cracking of the 80VU
fittings and supports, which could lead to possible disconnection of
the cable harnesses to one or more computers, and if occurring
during a critical phase of flight, could result in reduced control
of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0045, dated February 16, 2021 (EASA AD 2021-0045).
(h) Exceptions to EASA AD 2021-0045
(1) Where EASA AD 2021-0045 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The remarks section of EASA AD 2021-0045 does not apply to
this AD.
(3) Where paragraph (2) of EASA AD 2021-0045 specifies ``any
discrepancy,'' for this AD ``any discrepancy'' includes broken
fittings, missing bolts, an electronics rack FIN 80VU that is in
contact with structure, any bush that has migrated, burred material,
and cracks.
(4) Paragraph (4) of EASA AD 2021-0045 specifies to report
inspection results to Airbus within a certain compliance time. For
this AD, report inspection results at the applicable time specified
in paragraph (h)(4)(i) or (ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 90 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 90 days after the effective date
of this AD.
(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)(2) of
this AD. Information may be emailed to: [email protected].
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD 2013-25-11 are approved as
AMOCs for the corresponding provisions of EASA AD 2021-0045 that are
required by paragraph (g) of this AD.
(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 2021-0045 that contains RC procedures and
tests: Except as required by paragraph (i)(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.
(4) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a 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 OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
All responses to this collection of information are mandatory as
required by this AD. Send comments regarding this burden estimate or
any other aspect of this collection of information, including
suggestions for reducing this burden to Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
(j) Related Information
(1) For information about EASA AD 2021-0045, 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. 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-
2021-0506.
(2) 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].
Issued on June 15, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-13057 Filed 6-21-21; 8:45 am]
BILLING CODE 4910-13-P
