Airworthiness Directives; Airbus SAS Airplanes, 48485-48487 [2021-18702]
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle ACO 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 manager of the
certification office, send it to the attention of
the person identified in Related Information.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Seattle ACO Branch, FAA, to make
those findings. To be approved, the repair
method, modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
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(j) Related Information
(1) For more information about this AD,
contact Stefanie Roesli, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA
98198; phone and fax: 206–231–3964; email:
Stefanie.N.Roesli@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin
747–53A2904 RB, dated December 16, 2020.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet https://
www.myboeingfleet.com.
(4) You may view this service information
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 service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
fr.inspection@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
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Issued on August 7, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
48485
DEPARTMENT OF TRANSPORTATION
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–
0334.
Federal Aviation Administration
Examining the AD Docket
[FR Doc. 2021–18705 Filed 8–30–21; 8:45 am]
BILLING CODE 4910–13–P
14 CFR Part 39
[Docket No. FAA–2021–0334; Project
Identifier MCAI–2020–01662–T; Amendment
39–21686; AD 2017–17–03]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2017–12–
13, which applied to certain Airbus SAS
Model A320–212, –214, –232, and –233
airplanes. AD 2017–12–13 required
repetitive low frequency eddy current
inspections or repetitive high frequency
eddy current inspections of the pocket
radius at certain areas of the fuselage
frame, and repair if necessary. This AD
requires new repetitive inspections at
the left- (LH) and right-hand (RH) sides
of the fuselage skin at certain frames for
any cracking, and repair if necessary, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. This AD was
prompted by a report of a crack found
during an inspection of the pocket
radius of the fuselage frame, and a
determination that similar cracks may
develop in nearby areas of the fuselage
frame and that additional airplanes are
subject to the unsafe condition. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective October 5,
2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 5, 2021.
ADDRESSES: For material 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
SUMMARY:
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You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0334; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
any comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3223; email
Sanjay.Ralhan@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2020–0280,
dated December 14, 2020 (EASA AD
2020–0280) (also referred to as the
Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an
unsafe condition for certain Airbus SAS
Model A318–111, –112 and –122
airplanes; Model A319–111, –112, –113,
–114, –115, –131, –132, and –133
airplanes; and Model A320–211, –212,
–214, –231, –232, and –233 airplanes.
EASA AD 2020–0280 supersedes EASA
AD 2014–0278, dated December 19,
2014 (which corresponds to FAA AD
2017–12–13, Amendment 39–18928 (82
FR 27983, June 20, 2017) (AD 2017–12–
13)).
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2017–12–13.
AD 2017–12–13 applied to certain
Airbus SAS Model A320–212, –214,
–232, and –233 airplanes. The NPRM
published in the Federal Register on
April 22, 2021 (86 FR 21228). The
NPRM was prompted by a report of a
crack found during an inspection of the
pocket radius of the fuselage frame, and
a determination that similar cracks may
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
develop in nearby areas of the fuselage
frame and that additional airplanes are
subject to the unsafe condition. The
NPRM proposed to require new
repetitive inspections at the LH and RH
sides of the fuselage skin at certain
frames for any cracking, and repair if
necessary, as specified in EASA AD
2020–0280.
The FAA is issuing this AD to address
cracking of the pocket radius, which
could lead to in-flight decompression of
the airplane and possible injury to the
passengers. See the MCAI for additional
background information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comments received on the NPRM
and the FAA’s response to each
comment.
Support for the NPRM
United Airlines indicated its support
for the NPRM.
Request To Use a Certain Approval
Forms
Delta Air Lines (DAL) requested that
paragraph (h)(3) of the proposed AD
reference both the Repair and Design
Approval Form (RDAF) and the Airbus
Repair Design Approval Sheet (RDAS).
DAL stated that Airbus has entered into
service the RDAF which supersedes the
RDAS. DAL commented that if the
proposed AD does not reflect this
change, operators may be required to
obtain an alternative method of
compliance (AMOC) in order to use the
RDAF to comply with the requirements
specified in paragraph (h)(3) of the
proposed AD.
The FAA disagrees with the
commenter’s request. The exception in
paragraph (h)(3) removes any need to
reference the RDAS or the RDAF.
Instead, the specific reference to a
specific repair instructions document is
replaced with repair instructions
approved, and within the compliance
time specified in the repair approval,
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). The
RDAS and the RDAF are within the
provision to use a method approved by
Airbus SAS’s EASA DOA. The FAA has
not changed this AD in this regard.
Conclusion
The FAA reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this
final rule as proposed, except for minor
editorial changes. The FAA has
determined that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Related Service Information Under 1
CFR Part 51
EASA AD 2020–0280 describes
procedures for doing repetitive external
general visual inspections or special
detailed inspections (i.e., phased array
ultrasonic technology inspections of the
external skin, or detailed inspections for
primer/paint cracks and high frequency
eddy current inspections of the internal
skin) at the LH and RH sides of the
fuselage skin, above stringer 6 from
FR35 to FR47, for any cracking, and
repair if necessary. 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.
Costs of Compliance
The FAA estimates that this AD
affects 439 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Retained actions from AD 2017–12–13
Repetitive inspections (new actions) ......
3 work-hours × $85 per hour = $255 .....
Up to 30 work-hours × $85 per hour =
Up to $2,550.
The FAA has received no definitive
data on which to base the cost estimates
for the repairs specified in this AD.
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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.
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Parts cost
$0
0
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,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
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Cost per product
$255 .......................
Up to $2,550 ..........
Cost on U.S.
operators
$111,945.
Up to
$1,119,450.
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.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
■
[Amended]
2. The FAA amends § 39.13 by:
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
a. Removing Airworthiness Directive
(AD) 2017–12–13, Amendment 39–
18928 (82 FR 27983, June 20, 2017); and
■ b. Adding the following new AD:
■
2017–17–03 Airbus SAS: Amendment 39–
21686; Docket No. FAA–2021–0334;
Project Identifier MCAI–2020–01662–T.
(a) Effective Date
This airworthiness directive (AD) is
effective October 5, 2021.
(b) Affected ADs
This AD replaces AD 2017–12–13,
Amendment 39–18928 (82 FR 27983, June
20, 2017).
(c) Applicability
This AD applies to Airbus SAS airplanes
specified in paragraphs (c)(1) through (3) of
this AD, certificated in any category, as
identified in European Union Aviation Safety
Agency (EASA) AD 2020–0280, dated
December 14, 2020 (EASA AD 2020–0280).
(1) Model A318–111, –112 and –122
airplanes.
(2) Model A319–111, –112, –113, –114,
–115, –131, –132, and –133 airplanes.
(3) Model A320–211, –212, –214, –231,
–232, and –233 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(i) No Reporting Requirement
(e) Reason
This AD was prompted by a report of a
crack found during an inspection of the
pocket radius of the fuselage frame, and a
determination that similar cracks may
develop in nearby areas of the fuselage frame
and that additional airplanes are subject to
the unsafe condition. The FAA is issuing this
AD to address cracking of the pocket radius,
which could lead to in-flight decompression
of the airplane and possible injury to the
passengers.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2020–0280.
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(h) Exceptions to EASA AD 2020–0280
(1) Where EASA AD 2020–0280 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where paragraph (9) of EASA AD 2020–
0280 specifies if any crack is found during
any inspection to ‘‘contact Airbus for
approved repair instructions and accomplish
those instructions accordingly,’’ this AD
requires if any cracking is found, the cracking
must be repaired before further flight using
a method approved by the Manager, Large
Aircraft Section, International Validation
Branch, FAA; or EASA; or Airbus SAS’s
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EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must
include the DOA-authorized signature.
(3) Where paragraph (10) of EASA AD
2020–0280 specifies credit for actions ‘‘in
accordance with the instructions of an Airbus
Repair Design Approval Sheet (RDAS), [and
to] accomplish the next inspection of each
repaired area in accordance with the
instructions of, and within the compliance
time as specified in, the applicable RDAS,’’
this AD requires using ‘‘in accordance with
repair instructions approved, and within the
compliance time specified in the repair
approval, using a method approved by the
Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA DOA. If
approved by the DOA, the approval must
include the DOA-authorized signature.’’
(4) Where paragraph (11) of EASA AD
2020–0280 specifies terminating actions
apply only if specified ‘‘in the Airbus RDAS
instructions for a repaired aeroplane,’’ this
AD requires using ‘‘in repair instructions
approved using a method approved by the
Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA DOA. If
approved by the DOA, the approval must
include the DOA-authorized signature.’’
(5) The ‘‘Remarks’’ section of EASA AD
2020–0280 does not apply to this AD.
Although the service information
referenced in EASA AD 2020–0280 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or responsible Flight
Standards Office, as appropriate. If sending
information directly to the Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (k) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the responsible
Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA DOA. If
approved by the DOA, the approval must
include the DOA-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (j)(2) of this AD, if
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48487
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(k) Related Information
For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3223; email Sanjay.Ralhan@
faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2020–0280, dated December 14,
2020.
(ii) [Reserved]
(3) For EASA AD 2020–0280, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195. This material may be found
in the AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2021–0334.
(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 4, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–18702 Filed 8–30–21; 8:45 am]
BILLING CODE 4910–13–P
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]]>Agencies
[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Rules and Regulations]
[Pages 48485-48487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18702]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0334; Project Identifier MCAI-2020-01662-T;
Amendment 39-21686; AD 2017-17-03]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-12-
13, which applied to certain Airbus SAS Model A320-212, -214, -232, and
-233 airplanes. AD 2017-12-13 required repetitive low frequency eddy
current inspections or repetitive high frequency eddy current
inspections of the pocket radius at certain areas of the fuselage
frame, and repair if necessary. This AD requires new repetitive
inspections at the left- (LH) and right-hand (RH) sides of the fuselage
skin at certain frames for any cracking, and repair if necessary, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. This AD was prompted by a report of a
crack found during an inspection of the pocket radius of the fuselage
frame, and a determination that similar cracks may develop in nearby
areas of the fuselage frame and that additional airplanes are subject
to the unsafe condition. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective October 5, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 5,
2021.
ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0334.
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-
0334; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223;
email [email protected].
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0280, dated December 14, 2020
(EASA AD 2020-0280) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain Airbus SAS Model A318-111, -112 and -122 airplanes; Model
A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; and
Model A320-211, -212, -214, -231, -232, and -233 airplanes. EASA AD
2020-0280 supersedes EASA AD 2014-0278, dated December 19, 2014 (which
corresponds to FAA AD 2017-12-13, Amendment 39-18928 (82 FR 27983, June
20, 2017) (AD 2017-12-13)).
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-12-13. AD 2017-12-13 applied to
certain Airbus SAS Model A320-212, -214, -232, and -233 airplanes. The
NPRM published in the Federal Register on April 22, 2021 (86 FR 21228).
The NPRM was prompted by a report of a crack found during an inspection
of the pocket radius of the fuselage frame, and a determination that
similar cracks may
[[Page 48486]]
develop in nearby areas of the fuselage frame and that additional
airplanes are subject to the unsafe condition. The NPRM proposed to
require new repetitive inspections at the LH and RH sides of the
fuselage skin at certain frames for any cracking, and repair if
necessary, as specified in EASA AD 2020-0280.
The FAA is issuing this AD to address cracking of the pocket
radius, which could lead to in-flight decompression of the airplane and
possible injury to the passengers. See the MCAI for additional
background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.
Support for the NPRM
United Airlines indicated its support for the NPRM.
Request To Use a Certain Approval Forms
Delta Air Lines (DAL) requested that paragraph (h)(3) of the
proposed AD reference both the Repair and Design Approval Form (RDAF)
and the Airbus Repair Design Approval Sheet (RDAS). DAL stated that
Airbus has entered into service the RDAF which supersedes the RDAS. DAL
commented that if the proposed AD does not reflect this change,
operators may be required to obtain an alternative method of compliance
(AMOC) in order to use the RDAF to comply with the requirements
specified in paragraph (h)(3) of the proposed AD.
The FAA disagrees with the commenter's request. The exception in
paragraph (h)(3) removes any need to reference the RDAS or the RDAF.
Instead, the specific reference to a specific repair instructions
document is replaced with repair instructions approved, and within the
compliance time specified in the repair approval, 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). The RDAS and the RDAF are within the
provision to use a method approved by Airbus SAS's EASA DOA. The FAA
has not changed this AD in this regard.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0280 describes procedures for doing repetitive
external general visual inspections or special detailed inspections
(i.e., phased array ultrasonic technology inspections of the external
skin, or detailed inspections for primer/paint cracks and high
frequency eddy current inspections of the internal skin) at the LH and
RH sides of the fuselage skin, above stringer 6 from FR35 to FR47, for
any cracking, and repair if necessary. 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.
Costs of Compliance
The FAA estimates that this AD affects 439 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2017-12- 3 work-hours x $85 $0 $255............... $111,945.
13. per hour = $255.
Repetitive inspections (new Up to 30 0 Up to $2,550....... Up to
actions). work[dash]hours x $1,119,450.
$85 per hour = Up
to $2,550.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the repairs specified in this AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
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,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will 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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
[[Page 48487]]
0
a. Removing Airworthiness Directive (AD) 2017-12-13, Amendment 39-18928
(82 FR 27983, June 20, 2017); and
0
b. Adding the following new AD:
2017-17-03 Airbus SAS: Amendment 39-21686; Docket No. FAA-2021-0334;
Project Identifier MCAI-2020-01662-T.
(a) Effective Date
This airworthiness directive (AD) is effective October 5, 2021.
(b) Affected ADs
This AD replaces AD 2017-12-13, Amendment 39-18928 (82 FR 27983,
June 20, 2017).
(c) Applicability
This AD applies to Airbus SAS airplanes specified in paragraphs
(c)(1) through (3) of this AD, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2020-
0280, dated December 14, 2020 (EASA AD 2020-0280).
(1) Model A318-111, -112 and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
(3) Model A320-211, -212, -214, -231, -232, and -233 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by a report of a crack found during an
inspection of the pocket radius of the fuselage frame, and a
determination that similar cracks may develop in nearby areas of the
fuselage frame and that additional airplanes are subject to the
unsafe condition. The FAA is issuing this AD to address cracking of
the pocket radius, which could lead to in-flight decompression of
the airplane and possible injury to the passengers.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2020-0280.
(h) Exceptions to EASA AD 2020-0280
(1) Where EASA AD 2020-0280 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (9) of EASA AD 2020-0280 specifies if any
crack is found during any inspection to ``contact Airbus for
approved repair instructions and accomplish those instructions
accordingly,'' this AD requires if any cracking is found, the
cracking must be repaired before further flight using a method
approved by the Manager, Large Aircraft Section, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(3) Where paragraph (10) of EASA AD 2020-0280 specifies credit
for actions ``in accordance with the instructions of an Airbus
Repair Design Approval Sheet (RDAS), [and to] accomplish the next
inspection of each repaired area in accordance with the instructions
of, and within the compliance time as specified in, the applicable
RDAS,'' this AD requires using ``in accordance with repair
instructions approved, and within the compliance time specified in
the repair approval, using a method approved by the Manager, Large
Aircraft Section, International Validation Branch, FAA; or EASA; or
Airbus SAS's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.''
(4) Where paragraph (11) of EASA AD 2020-0280 specifies
terminating actions apply only if specified ``in the Airbus RDAS
instructions for a repaired aeroplane,'' this AD requires using ``in
repair instructions approved using a method approved by the Manager,
Large Aircraft Section, International Validation Branch, FAA; or
EASA; or Airbus SAS's EASA DOA. If approved by the DOA, the approval
must include the DOA-authorized signature.''
(5) The ``Remarks'' section of EASA AD 2020-0280 does not apply
to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2020-0280
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA DOA. If approved by the DOA, the approval must include
the DOA-authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(k) Related Information
For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3223; email [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2020-0280,
dated December 14, 2020.
(ii) [Reserved]
(3) For EASA AD 2020-0280, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-0334.
(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 4, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-18702 Filed 8-30-21; 8:45 am]
BILLING CODE 4910-13-P
