Airworthiness Directives; Airbus SAS Airplanes, 57552-57555 [2021-22633]
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Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations
b. Adding the following new AD:
2021–20–16 Airbus Helicopters:
Amendment 39–21754; Docket No.
FAA–2021–0453; Project Identifier
MCAI–2021–00377–R.
(a) Effective Date
This airworthiness directive (AD) is
effective November 22, 2021.
(b) Affected ADs
This AD replaces AD 2021–04–15,
Amendment 39–21437 (86 FR 13165, March
8, 2021) (AD 2021–04–15).
(c) Applicability
This AD applies to Airbus Helicopters
specified in paragraph (c)(1) and (2) of this
AD, certificated in any category.
(1) Model AS355E, AS355F, AS355F1,
AS355F2, AS355N, and AS355NP
helicopters, all serial numbers.
(2) Model AS350B3 helicopters, all serial
numbers except those that have embodied
Airbus Helicopters Modification 073148 in
production.
(d) Subject
Joint Aircraft System Component (JASC)
Code 5531, Vertical Stabilizer, Spar/Rib.
(e) Unsafe Condition
This AD was prompted by a report that,
during an unscheduled post-flight inspection
of the tail cone area of an Airbus Helicopters
Model AS355NP helicopter, a crack was
found in the spar of the upper fin and
fractures were found in the two front
attachment screws. The FAA is issuing this
AD to address cracking in the spar of the
upper part of the vertical fin and fractures in
the front attachment screws. This condition
could lead to in-flight separation of the upper
part of the vertical fin, resulting in loss of
control of the helicopter.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2021–0099, dated
April 9, 2021 (EASA AD 2021–0099).
(h) Exceptions to EASA AD 2021–0099
(1) Where EASA AD 2021–0099 refers to its
effective date or to July 12, 2017, (the
effective date of EASA AD 2017–0114, dated
June 28, 2017), this AD requires using the
effective date of this AD.
(2) This AD does not mandate compliance
with the ‘‘Remarks’’ section of EASA AD
2021–0099.
(3) Where EASA AD 2021–0099 requires
compliance in terms of flight hours, this AD
requires using hours time-in-service.
(4) Where paragraph (4) of EASA AD 2021–
0099 specifies to contact the manufacturer for
approved repair instructions, for this AD, if
any cracking is detected during any
inspection, repair before further flight using
a method approved by the Manager,
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International Validation Branch, FAA. For a
repair method to be approved by the
Manager, International Validation Branch, as
required by this paragraph, the Manager’s
approval letter must specifically refer to this
AD.
(5) Where the service information referred
to in EASA AD 2021–0099 specifies to
perform a visual inspection for cracking on
the ‘‘RH side of spar (a)’’ and ‘‘if you are not
sure’’ remove the rear and the tail rotor gear
box (TGB) fairings to perform a detailed
inspection and do a dye-penetrant
inspection, those actions are required by this
AD if any crack indication (e.g., paint chips,
dents, or swelling) is found during any
inspection done without removing the rear
and the TGB fairings.
(6) Where the service information referred
to in EASA AD 2021–0099 specifies to
perform a visual check for cracks in the
‘‘spars (a) of the top and bottom fins’’ and ‘‘if
you are not sure’’ do a dye-penetrant
inspection, the dye-penetrant inspection is
required by this AD if any crack indication
(e.g., paint chips, dents, or swelling) is found
during any visual check (inspection).
(7) Where the service information referred
to in EASA AD 2021–0099 specifies to check
the integrity of the two thrust pad attachment
screws for damage, for this AD, damage
includes loosening, deformation, and nicks.
(8) Where the service information referred
to in EASA AD 2021–0099 specifies that the
visual check can be performed by an airframe
technician or pilot, this AD requires that the
visual check be performed by a qualified
mechanic.
(i) Special Flight Permit
Special flight permits, as described in 14
CFR 21.197 and 21.199, are prohibited.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, 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 local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the 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.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(k) Related Information
For more information about this AD,
contact Kathleen Arrigotti, Program Manager,
Large Aircraft Section, International
Validation Branch, Compliance &
Airworthiness Division, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone
and fax (206) 231–3218; email
kathleen.arrigotti@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
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(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2021–0099, dated April 9, 2021.
(ii) [Reserved]
(3) For EASA AD 2021–0099, contact the
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 service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call 817–222–5110. 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–2021–0453.
(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 September 23, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–22472 Filed 10–15–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0876; Project
Identifier MCAI–2021–01031–T; Amendment
39–21767; AD 2021–21–07]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A330–841 and
A330–941 airplanes. This AD was
prompted by a report of incorrect takeoff computations for crosswinds above
20 knots. This AD requires amending
the existing aircraft flight manual
(AFM), as specified in a European
Union Aviation Safety Agency (EASA),
which is incorporated by reference. The
SUMMARY:
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Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD becomes effective
November 2, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 2, 2021.
The FAA must receive comments on
this AD by December 2, 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–2021–0876.
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Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0876; 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:
Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA,
International Validation Branch, 2200
South 216th St., Des Moines, WA 98198;
telephone and fax 206–231–3229; email
vladimir.ulyanov@faa.gov.
SUPPLEMENTARY INFORMATION:
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16:35 Oct 15, 2021
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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–2021–0876;
Project Identifier MCAI–2021–01031–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 Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft
Section, FAA, International Validation
Branch, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax
206–231–3229; email vladimir.ulyanov@
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 2021–0210,
dated September 16, 2021 (EASA AD
2021–0210) (also referred to as the
MCAI), to correct an unsafe condition
for all Airbus SAS Model A330–841 and
A330–941 airplanes.
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57553
This AD was prompted by a report of
incorrect take-off computations for
crosswinds above 20 knots in a certain
AFM. The FAA is issuing this AD to
address substantially reduced take-off
performance in crosswind conditions
above 20 knots, possibly resulting in a
runway overrun, in the event of
continued takeoff following an engine
failure or a rejected takeoff, with
consequent damage to the airplane and
injury to occupants. See the MCAI for
additional background information.
Related Service Information Under 1
CFR Part 51
EASA AD 2021–0210 specifies
procedures for amending the existing
AFM to include revised aircraft
performance databases for performance
calculations for crosswind above 20
knots. 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 EASA and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the
European Union, EASA 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 these same type
designs.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2021–
0210 described previously, except for
any differences identified as exceptions
in the regulatory text of this AD.
EASA AD 2021–0210 requires
operators to ‘‘inform all flight crews’’ of
revisions to the AFM, and thereafter to
‘‘operate the aeroplane accordingly.’’
However, this AD would not
specifically require those actions as
those actions are already required by
FAA regulations. FAA regulations
require operators to furnish to pilots any
changes to the AFM (for example, 14
CFR 121.137), and to ensure that the
pilots are familiar with the AFM (for
example, 14 CFR 91.505). As with any
other flightcrew training requirement,
training on the updated AFM content is
tracked by the operators and recorded in
each pilot’s training record, which is
available for the FAA to review. FAA
regulations also require pilots to follow
the procedures in the existing AFM
including all updates. 14 CFR 91.9
requires that any person operating a
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Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations
civil aircraft must comply with the
operating limitations specified in the
AFM.
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 2021–0210
is incorporated by reference in this AD.
This AD requires compliance with
EASA AD 2021–0210 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 2021–0210 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 2021–0210.
Service information required by EASA
AD 2021–0210 for compliance will be
available at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0876 after this AD is
published.
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 incorrect take-off
computations for crosswinds above 20
knots could result in substantially
reduced take-off performance in those
conditions, possibly resulting in a
runway overrun, in the event of
continued takeoff following an engine
failure or rejected takeoff, with
consequent damage to the airplane and
injury to occupants. 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 11 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost
per product
Cost on U.S.
operators
1 work-hour × $85 per hour = $85 ..............................................................................................
$0
$85
$935
Authority for This Rulemaking
Regulatory Findings
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.
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.
VerDate Sep<11>2014
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Jkt 256001
List of Subjects in 14 CFR Part 39
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2021–21–07 Airbus SAS: Amendment 39–
21767; Docket No. FAA–2021–0876;
Project Identifier MCAI–2021–01031–T.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(a) Effective Date
The Amendment
(b) Affected ADs
Accordingly, under the authority
delegated to me by the Administrator,
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This airworthiness directive (AD) is
effective November 2, 2021.
None.
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Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations
(c) Applicability
This AD applies to all Airbus SAS Model
A330–841 and A330–941 airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by a report of
incorrect take-off computations for
crosswinds above 20 knots. The FAA is
issuing this AD to address substantially
reduced take-off performance in crosswind
conditions above 20 knots, possibly resulting
in a runway overrun, in the event of
continued takeoff following an engine failure
or rejected takeoff, with consequent damage
to the airplane and injury to occupants.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2021–0210, dated
September 16, 2021 (EASA AD 2021–0210).
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(h) Exceptions to EASA AD 2021–0210
(1) Where EASA AD 2021–0210 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where paragraph (1) of EASA AD 2021–
0210 specifies amending the aircraft flight
manual (AFM), this AD requires replacing
the text ‘‘implement the aircraft performance
database by introducing the AFM DU
[Documentary Unit]’’ with ‘‘amend the
applicable existing AFM and applicable
corresponding operational procedures by
incorporating the AFM DU.’’
(3) Whereas paragraph (1) of EASA AD
2021–0210 specifies to ‘‘inform all flight
crews, and, thereafter, operate the aeroplane
accordingly,’’ this AD does not require those
actions as those actions are already required
by existing FAA operating regulations.
(4) The ‘‘Remarks’’ section of EASA AD
2021–0210 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
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16:35 Oct 15, 2021
Jkt 256001
inspector, the manager of the responsible
Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (i)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(j) Related Information
For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone
and fax 206–231–3229; email
vladimir.ulyanov@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 2021–0210, dated September 16,
2021.
(ii) [Reserved]
(3) For EASA AD 2021–0210, 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.
(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.
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57555
Issued on October 7, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–22633 Filed 10–14–21; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0106; Project
Identifier AD–2020–00708–R; Amendment
39–21735; AD 2021–19–17]
RIN 2120–AA64
Airworthiness Directives; Sikorsky
Aircraft Corporation Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Sikorsky Aircraft Corporation (Sikorsky)
Model S–92A helicopters. This AD was
prompted by an incident of a side facing
utility seat detaching from wall
attachment points. This AD requires
modifying certain side facing utility
seats and observer seats, and prohibits
installing those seats unless the
modification has been accomplished.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective November
22, 2021.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of November 22, 2021.
ADDRESSES: For Martin-Baker and
Sikorsky service information identified
in this final rule, contact your local
Sikorsky Field Representative or
Sikorsky’s Service Engineering Group at
Sikorsky Aircraft Corporation, Mailstop
K100, 124 Quarry Road, Trumbull, CT
06611; telephone 1–800–946–4337 (1–
800–Winged–S); email wcs_cust_
service_eng.gr-sik@lmco.com. Operators
may also log on to the Sikorsky 360
website at https://
www.sikorsky360.com. You may view
this service information at the FAA,
Office of the Regional Counsel,
Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX
76177. For information on the
availability of this material at the FAA,
call (817) 222–5110. It is also available
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0106.
SUMMARY:
E:\FR\FM\18OCR1.SGM
18OCR1
]]>Agencies
[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Rules and Regulations]
[Pages 57552-57555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22633]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0876; Project Identifier MCAI-2021-01031-T;
Amendment 39-21767; AD 2021-21-07]
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 all
Airbus SAS Model A330-841 and A330-941 airplanes. This AD was prompted
by a report of incorrect take-off computations for crosswinds above 20
knots. This AD requires amending the existing aircraft flight manual
(AFM), as specified in a European Union Aviation Safety Agency (EASA),
which is incorporated by reference. The
[[Page 57553]]
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD becomes effective November 2, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 2,
2021.
The FAA must receive comments on this AD by December 2, 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-2021-0876.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0876; 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: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229;
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-2021-0876; Project Identifier MCAI-
2021-01031-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
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone and fax 206-231-3229; 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 2021-0210, dated September 16, 2021
(EASA AD 2021-0210) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A330-841 and A330-941
airplanes.
This AD was prompted by a report of incorrect take-off computations
for crosswinds above 20 knots in a certain AFM. The FAA is issuing this
AD to address substantially reduced take-off performance in crosswind
conditions above 20 knots, possibly resulting in a runway overrun, in
the event of continued takeoff following an engine failure or a
rejected takeoff, with consequent damage to the airplane and injury to
occupants. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0210 specifies procedures for amending the existing
AFM to include revised aircraft performance databases for performance
calculations for crosswind above 20 knots. 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 EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA 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 these
same type designs.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2021-0210 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.
EASA AD 2021-0210 requires operators to ``inform all flight crews''
of revisions to the AFM, and thereafter to ``operate the aeroplane
accordingly.'' However, this AD would not specifically require those
actions as those actions are already required by FAA regulations. FAA
regulations require operators to furnish to pilots any changes to the
AFM (for example, 14 CFR 121.137), and to ensure that the pilots are
familiar with the AFM (for example, 14 CFR 91.505). As with any other
flightcrew training requirement, training on the updated AFM content is
tracked by the operators and recorded in each pilot's training record,
which is available for the FAA to review. FAA regulations also require
pilots to follow the procedures in the existing AFM including all
updates. 14 CFR 91.9 requires that any person operating a
[[Page 57554]]
civil aircraft must comply with the operating limitations specified in
the AFM.
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 2021-0210 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2021-0210 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 2021-0210 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
2021-0210. Service information required by EASA AD 2021-0210 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0876 after this AD is
published.
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 incorrect take-off computations for crosswinds above 20 knots
could result in substantially reduced take-off performance in those
conditions, possibly resulting in a runway overrun, in the event of
continued takeoff following an engine failure or rejected takeoff, with
consequent damage to the airplane and injury to occupants. 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 11 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85............................. $0 $85 $935
----------------------------------------------------------------------------------------------------------------
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:
2021-21-07 Airbus SAS: Amendment 39-21767; Docket No. FAA-2021-0876;
Project Identifier MCAI-2021-01031-T.
(a) Effective Date
This airworthiness directive (AD) is effective November 2, 2021.
(b) Affected ADs
None.
[[Page 57555]]
(c) Applicability
This AD applies to all Airbus SAS Model A330-841 and A330-941
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by a report of incorrect take-off
computations for crosswinds above 20 knots. The FAA is issuing this
AD to address substantially reduced take-off performance in
crosswind conditions above 20 knots, possibly resulting in a runway
overrun, in the event of continued takeoff following an engine
failure or rejected takeoff, with consequent damage to the airplane
and injury to occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0210, dated September 16, 2021 (EASA AD 2021-0210).
(h) Exceptions to EASA AD 2021-0210
(1) Where EASA AD 2021-0210 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2021-0210 specifies amending
the aircraft flight manual (AFM), this AD requires replacing the
text ``implement the aircraft performance database by introducing
the AFM DU [Documentary Unit]'' with ``amend the applicable existing
AFM and applicable corresponding operational procedures by
incorporating the AFM DU.''
(3) Whereas paragraph (1) of EASA AD 2021-0210 specifies to
``inform all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.
(4) The ``Remarks'' section of EASA AD 2021-0210 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): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(j) Related Information
For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3229; 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 2021-0210,
dated September 16, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0210, 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.
(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 October 7, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-22633 Filed 10-14-21; 11:15 am]
BILLING CODE 4910-13-P
