Airworthiness Directives; Airbus SAS Airplanes, 48296-48300 [2021-18706]
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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations
Executive Order 12988 and Executive
Order 13132—Federalism
According to Executive Orders 12988
and 13132, agencies must state in clear
language the preemptive effect, if any, of
new regulations. The amendments to
the agency’s Sunshine Act
implementing regulations affect only
how the Board conducts nonpublic
meetings, and therefore, have no effect
on preemption of State, tribal, or local
government laws or otherwise have
federalism implications.
Congressional Review Act
This rule will not result in and is not
likely to result in (A) an annual effect
on the economy of $100,000,000 or
more; (B) a major increase in costs or
prices for consumers, individual
industries, Federal, State, or local
government agencies, or geographic
regions; or (C) significant adverse effects
on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets. As such, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act. To comply
with the Congressional Review Act, the
Board will submit the required
information each House of the Congress
and the Comptroller General.
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Finding of No Significant
Environmental Impact
The proposed regulations amend the
Board procedures for holding meetings
pursuant to the Government in the
Sunshine Act. The procedural changes
to the Sunshine Act implementing
regulations will not result in significant
impacts affecting the quality of the
human environment, unavoidable
adverse environmental effects, rejection
of reasonable alternatives to the
proposed action, or irreversible or
irretrievable commitments of
environmental resources. The agency
has not consulted with any other
agencies in making this determination.
IV. Rulemaking Procedure
In light of the amendments made to
the AEA at 42 U.S.C. 2286b(k), this
rulemaking makes limited conforming
changes to the Board’s rules
implementing the Sunshine Act (10 CFR
part 1704). The Board is using the
‘‘direct final rule’’ procedure because
this rulemaking represents a limited,
routine change to implement the new
provisions of the AEA. This amendment
will become effective on November 29,
2021. However, if the Board receives a
significant adverse comment by
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September 29, 2021, then the Board will
publish a notice in the Federal Register
withdrawing this rule and publishing
the changes as a notice of proposed
rulemaking. The Board will respond to
the significant adverse comment(s) in
that notice of proposed rulemaking and
take an additional 30 days of comments
before publishing any final rule. If no
significant adverse comment is received,
the Board will publish a notice that
confirms the effective date of this direct
final rule.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the Board
staff to reevaluate (or reconsider) its
position or conduct additional analysis;
(b) The comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record; or
(c) The comment raises a relevant
issue that was not previously addressed
or considered by the Board.
(2) The comment proposes a change
or an addition to the rule, and it is
apparent that the rule would be
ineffective or unacceptable without
incorporation of the change or addition;
or
(3) The comment causes the Board to
make a change (other than editorial) to
the rule.
List of Subjects in 10 CFR Part 1704
Sunshine Act.
For the reasons stated in the
preamble, the Defense Nuclear Facilities
Safety Board amends 10 CFR part 1704
as follows:
PART 1704—RULES IMPLEMENTING
THE GOVERNMENT IN THE SUNSHINE
ACT
1. The authority citation for part 1704
is revised to read as follows:
■
Authority: 5 U.S.C. 552b; 42 U.S.C. 2286,
2286b(c), (k).
■
2. Add § 1704.11 to read as follows:
§ 1704.11 Nonpublic collaborative
discussions.
(a) In general. Notwithstanding the
other requirements of this part, a
quorum of Members may hold a meeting
that is not open to public observation to
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discuss official business of the Board
if—
(1) No formal or informal vote or other
official action is taken at the meeting;
(2) Each individual present at the
meeting is a Member or an employee of
the Board;
(3) At least one Member from each
political party is present at the meeting,
unless all Members are of the same
political party at the time of the
meeting; and
(4) The general counsel of the Board,
or a designee of the general counsel, is
present at the meeting.
(b) Disclosure of nonpublic
collaborative discussions. (1) Except as
provided by paragraph (b)(2) of this
section, not later than two business days
after the conclusion of a meeting
described in subsection (a), the Board
shall make available to the public, in a
place easily accessible to the public—
(i) A list of the individuals present at
the meeting; and
(ii) A summary of the matters,
including key issues, discussed at the
meeting, except for any matter the Board
properly determines may be withheld
from the public under § 1704.4.
(2) Information about matters
withheld from the public. If the Board
properly determines under paragraph
(b)(1)(ii) of this section that a matter
may be withheld from the public under
§ 1704.4, the Board shall include in the
summary required by paragraph
(b)(1)(ii) as much general information as
possible with respect to the matter.
Dated: August 24, 2021.
Joyce Connery,
Chair.
[FR Doc. 2021–18549 Filed 8–27–21; 8:45 am]
BILLING CODE 3670–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0719; Project
Identifier MCAI–2021–00858–T; Amendment
39–21709; AD 2021–18–08]
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 certain
Airbus SAS Model A319–171N; Model
A320–271N, –272N, and –273N
SUMMARY:
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airplanes; and Model A321–271N,
–272N, –271NX, and –272NX airplanes.
This AD was prompted by a report
indicating that during inspection of the
engines, two original rods installed to
maintain an interface plate between the
pylon and nacelle were found damaged
at both rod-eye ends. This AD requires
repetitive inspections of the pylon/
engine interface rods for damage, and
applicable corrective actions, and limits
the installation of affected parts under
certain conditions, 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
September 14, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 14, 2021.
The FAA must receive comments on
this AD by October 14, 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
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.
It is also available in the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0719.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0719; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
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Monday through Friday, except Federal
holidays. The AD docket contains this
AD, the mandatory continuing
airworthiness information (MCAI), 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 data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2021–0719;
Project Identifier MCAI–2021–00858–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
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48297
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
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2021–0177,
dated July 23, 2021 (EASA AD 2021–
0177) (also referred to as the Mandatory
Continuing Airworthiness Information,
or the MCAI), to correct an unsafe
condition for certain Airbus SAS Model
A319–171N; Model A320–271N, –272N,
and –273N airplanes; and Model A321–
271N, –272N, –271NX, and –272NX
airplanes.
This AD was prompted by a report
indicating that during inspection of the
engines, two original rods installed to
maintain an interface plate between the
pylon and nacelle were found damaged
at both rod-eye ends. Investigation
revealed that the rod damage was
caused by the high amplitude of
vibrations during take-off and climb
flight phases, generated by enginedriven pump hydraulic pulsation and
potential resonance effects. The FAA is
issuing this AD to address damage that
could lead to rupture of the rod-eye
ends, which could result in fuel and
hydraulic pipe chafing, consequent fuel
or hydraulic leakage, and possible fire.
See the MCAI for additional background
information.
Related Service Information Under 1
CFR Part 51
EASA AD 2021–0177 specifies
procedures for repetitive detailed
inspections for damage (e.g., hole
damage, a crack, or an abnormal
deformation) of the left- and right-hand
pylon/engine interface rod ends of the
rod attachment fittings, and the
interface plate and upper support
brackets, a measurement of the play/gap
of the pylon/engine interface upper and
lower rod ends, and applicable
corrective actions including rod
replacement. EASA AD 2021–0177 also
limits the installation of affected parts
if/unless inspected within the
compliance time specified. 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
These products have been approved
by the aviation authority of another
country and are approved for operation
in the United States. Pursuant to the
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FAA’s bilateral agreement with this
State of Design Authority, it has notified
the FAA of the unsafe condition
described in the MCAI described above.
The FAA is issuing this AD after
determining that the unsafe condition
described previously 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–
0177 described previously, except for
any differences identified as exceptions
in the regulatory text of this AD.
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 EASA AD 2021–0177.
Service information required by EASA
AD 2021–0177 for compliance will be
available at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0719 after this AD is
published.
Interim Action
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, EASA AD 2021–0177
is incorporated by reference in this AD.
This AD requires compliance with
EASA AD 2021–0177 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 EASA
AD 2021–0177 does not mean that
operators need comply only with that
The FAA considers this AD interim
action. If final action is later identified,
the FAA might consider further
rulemaking then.
FAA’s Justification and Determination
of the Effective Date
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies foregoing notice
and comment prior to adoption of this
rule because rupture of the rod-eye ends
could result in fuel and hydraulic pipe
chafing, consequent fuel or hydraulic
leakage, and possible fire. 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 forego
notice and comment.]
Regulatory Flexibility Act (RFA)
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.
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 204 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
Up to 6 work-hours × $85 per hour = Up to $510 ........................
$0
Cost on U.S. operators
Up to $510 ................................
Up to $104,040.
* Table does not include estimated costs for reporting
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 $17,340, or $85 per product.
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
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Up to 8 work-hours × $85 per hour = Up to $680 ..........................................................................................
The FAA has received no definitive
data on which to base the cost estimates
for the other on-condition corrective
actions for the operational check
specified in this AD.
Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
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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 currently valid
OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public
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Cost per product
$0
Up to $680.
reporting for this collection of
information is estimated to take
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
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information are mandatory. 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.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(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.
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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:
■
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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:
■
2021–18–08 Airbus SAS: Amendment 39–
21709; Docket No. FAA–2021–0719;
Project Identifier MCAI–2021–00858–T.
(a) Effective Date
This airworthiness directive (AD) is
effective September 14, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A319–171N; Model A320–271N, –272N, and
–273N airplanes; and Model A321–271N,
–272N, –271NX, and –272NX airplanes;
certificated in any category; as identified in
European Union Aviation Safety Agency
(EASA) AD 2021–0177, dated July 23, 2021
(EASA AD 2021–0177).
(d) Subject
Air Transport Association (ATA) of
America Code 29, Hydraulic Power.
(e) Unsafe Condition
This AD was prompted by a report
indicating that during inspection of the
engines, two original rods installed to
maintain an interface plate between the
pylon and nacelle were found damaged at
both rod-eye ends. The FAA is issuing this
AD to address damage that could lead to
rupture of the rod-eye ends, which could
result in fuel and hydraulic pipe chafing,
consequent fuel or hydraulic leakage, and
possible fire.
(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 2021–0177.
(h) Exceptions and Clarifications to EASA
AD 2021–0177
(1) Where EASA AD 2021–0177 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where paragraph (2) of EASA AD 2021–
0177 specifies a compliance time for the
initial detailed inspection for Group 2
airplanes, this AD requires initial compliance
at the later of the times specified in
paragraphs (h)(2)(i) and (ii) of this AD.
Remaining provisions of paragraph (2) of
EASA AD 2021–0177 that are not specifically
referenced in this paragraph remain fully
applicable and must be complied with.
(i) Before exceeding 750 total flight hours,
but no earlier than 650 total flight hours,
since either manufacture of the airplane or
embodiment of Airbus Service Bulletin
A320–29–1189, as applicable.
(ii) Within 750 flight hours after the
effective date of this AD.
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(3) The ‘‘Remarks’’ section of EASA AD
2021–0177 does not apply to this AD.
(i) Additional 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): For any
service information referenced in EASA AD
2021–0177 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.
(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 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 2021–0177, dated July 23, 2021.
(ii) [Reserved]
(3) For information about EASA AD 2021–
0177, contact EASA, Konrad-Adenauer-Ufer
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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.
(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
fr.inspection@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on August 24, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–18706 Filed 8–26–21; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2020–1147; Airspace
Docket No. 20–ASO–30]
RIN 2120–AA66
Amendment of Area Navigation (RNAV)
Route Q–29; Northeastern United
States
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
AGENCY:
This action corrects a final
rule published by the FAA in the
Federal Register on July 26, 2021, that
amends area navigation (RNAV) route
Q–29 in the northeastern United States.
SUMMARY:
khammond on DSKJM1Z7X2PROD with RULES
Q–29
This action is in support of the
Northeast Corridor Atlantic Coast Route
Project (NEC ACR) for improved
efficiency of the National Airspace
System (NAS) while reducing the
dependency on ground based
navigational systems. This action makes
an administrative correction to the
spelling of the final point on the legal
description of RNAV route Q–29.
DATES: Effective date 0901 UTC, October
7, 2021. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.11 and publication of
conforming amendments.
ADDRESSES: FAA Order 7400.11E,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://
www.faa.gov/air_traffic/publications/.
For further information, you can contact
the Rules and Regulations Group,
Federal Aviation Administration, 800
Independence Avenue SW, Washington,
DC, 20591; telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of FAA
Order 7400.11E at NARA, email:
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
Sean Hook, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
History
The FAA published a final rule for
Docket No. FAA–2020–1147 in the
16:13 Aug 27, 2021
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020
and effective September 15, 2020. FAA
Order 7400.11E is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
Correction to Final Rule
Accordingly, pursuant to the
authority delegated to me, the
description of RNAV route Q–29 as
published in the Federal Register on
July 26, 2021 (86 FR 39952) is corrected
as follows:
Paragraph 2006 United States Area
Navigation Routes.
*
*
*
HARES, LA TO DUNOM, ME
HARES, LA
BAKRE, MS
MEMFS, TN
OMDUE, TN
SIDAE, KY
CREEP, OH
KLYNE, OH
DUTSH, OH
WWSHR, OH
DORET, OH
Jamestown, NY (JHW)
HANKK, NY
GONZZ, NY
KRAZZ, NY
NIPPY, NY
CABCI, VT
EBONY, ME
DUNOM, ME
VerDate Sep<11>2014
Federal Register (86 FR 39952; July 26,
2021), amending RNAV route Q–29 in
the northeastern United States. The Qroute amendment supports the strategy
to transition the NAS from a groundbased navigation aid and radar-based
system to a satellite-based PBN system.
The final point, DUNOM, was
incorrectly spelled in the legal
description and this action only corrects
that error.
United States area navigation routes
are published in paragraph 2006 of FAA
Order 7400.11E, dated July 21, 2020,
and effective September 15, 2020, which
is incorporated by reference in 14 CFR
71.1. The RNAV routes listed in this
document will be published
subsequently in the Order.
Jkt 253001
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40°41′54.46″
41°08′26.35″
41°20′34.09″
41°48′05.90″
42°11′18.99″
42°53′41.82″
43°05′22.00″
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084°18′31.41″ W)
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082°33′12.68″ W)
082°03′05.76″ W)
080°35′ 04.64″ W)
079°07′16.70″ W)
077°09′15.21″ W)
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067°09′23.65″ W)
066°58′13.68″ W)
E:\FR\FM\30AUR1.SGM
30AUR1
*
*
]]>Agencies
[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Rules and Regulations]
[Pages 48296-48300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18706]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0719; Project Identifier MCAI-2021-00858-T;
Amendment 39-21709; AD 2021-18-08]
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 A319-171N; Model A320-271N, -272N, and -273N
[[Page 48297]]
airplanes; and Model A321-271N, -272N, -271NX, and -272NX airplanes.
This AD was prompted by a report indicating that during inspection of
the engines, two original rods installed to maintain an interface plate
between the pylon and nacelle were found damaged at both rod-eye ends.
This AD requires repetitive inspections of the pylon/engine interface
rods for damage, and applicable corrective actions, and limits the
installation of affected parts under certain conditions, 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 September 14, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
14, 2021.
The FAA must receive comments on this AD by October 14, 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 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 at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0719.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0719; 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, the mandatory
continuing airworthiness information (MCAI), 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 data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0719; Project Identifier MCAI-
2021-00858-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.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0177, dated July 23, 2021 (EASA
AD 2021-0177) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain Airbus SAS Model A319-171N; Model A320-271N, -272N, and -
273N airplanes; and Model A321-271N, -272N, -271NX, and -272NX
airplanes.
This AD was prompted by a report indicating that during inspection
of the engines, two original rods installed to maintain an interface
plate between the pylon and nacelle were found damaged at both rod-eye
ends. Investigation revealed that the rod damage was caused by the high
amplitude of vibrations during take-off and climb flight phases,
generated by engine-driven pump hydraulic pulsation and potential
resonance effects. The FAA is issuing this AD to address damage that
could lead to rupture of the rod-eye ends, which could result in fuel
and hydraulic pipe chafing, consequent fuel or hydraulic leakage, and
possible fire. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0177 specifies procedures for repetitive detailed
inspections for damage (e.g., hole damage, a crack, or an abnormal
deformation) of the left- and right-hand pylon/engine interface rod
ends of the rod attachment fittings, and the interface plate and upper
support brackets, a measurement of the play/gap of the pylon/engine
interface upper and lower rod ends, and applicable corrective actions
including rod replacement. EASA AD 2021-0177 also limits the
installation of affected parts if/unless inspected within the
compliance time specified. 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
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the
[[Page 48298]]
FAA's bilateral agreement with this State of Design Authority, it has
notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously 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
2021-0177 described previously, 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 developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2021-0177 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2021-0177 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 EASA AD 2021-0177 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 EASA AD
2021-0177. Service information required by EASA AD 2021-0177 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0719 after this AD is
published.
Interim Action
The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.
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 foregoing notice and comment prior to adoption of this rule
because rupture of the rod-eye ends could result in fuel and hydraulic
pipe chafing, consequent fuel or hydraulic leakage, and possible fire.
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 forego notice and
comment.]
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 204 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 6 work-hours x $85 per hour $0 Up to $510........... Up to $104,040.
= Up to $510.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting
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
$17,340, or $85 per product.
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
Up to 8 work-hours x $85 per $0 Up to $680.
hour = Up to $680.
------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the other on-condition corrective actions for the
operational check specified in this AD.
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 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 currently 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 take
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
[[Page 48299]]
information are mandatory. 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.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(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.
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:
2021-18-08 Airbus SAS: Amendment 39-21709; Docket No. FAA-2021-0719;
Project Identifier MCAI-2021-00858-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 14,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A319-171N; Model A320-271N,
-272N, and -273N airplanes; and Model A321-271N, -272N, -271NX, and
-272NX airplanes; certificated in any category; as identified in
European Union Aviation Safety Agency (EASA) AD 2021-0177, dated
July 23, 2021 (EASA AD 2021-0177).
(d) Subject
Air Transport Association (ATA) of America Code 29, Hydraulic
Power.
(e) Unsafe Condition
This AD was prompted by a report indicating that during
inspection of the engines, two original rods installed to maintain
an interface plate between the pylon and nacelle were found damaged
at both rod-eye ends. The FAA is issuing this AD to address damage
that could lead to rupture of the rod-eye ends, which could result
in fuel and hydraulic pipe chafing, consequent fuel or hydraulic
leakage, and possible fire.
(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 2021-0177.
(h) Exceptions and Clarifications to EASA AD 2021-0177
(1) Where EASA AD 2021-0177 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (2) of EASA AD 2021-0177 specifies a
compliance time for the initial detailed inspection for Group 2
airplanes, this AD requires initial compliance at the later of the
times specified in paragraphs (h)(2)(i) and (ii) of this AD.
Remaining provisions of paragraph (2) of EASA AD 2021-0177 that are
not specifically referenced in this paragraph remain fully
applicable and must be complied with.
(i) Before exceeding 750 total flight hours, but no earlier than
650 total flight hours, since either manufacture of the airplane or
embodiment of Airbus Service Bulletin A320-29-1189, as applicable.
(ii) Within 750 flight hours after the effective date of this
AD.
(3) The ``Remarks'' section of EASA AD 2021-0177 does not apply
to this AD.
(i) Additional 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): For any service information
referenced in EASA AD 2021-0177 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.
(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 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 2021-0177,
dated July 23, 2021.
(ii) [Reserved]
(3) For information about EASA AD 2021-0177, contact EASA,
Konrad-Adenauer-Ufer
[[Page 48300]]
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.
(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 August 24, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-18706 Filed 8-26-21; 11:15 am]
BILLING CODE 4910-13-P
