Airworthiness Directives; Airbus SAS Airplanes, 60061-60064 [2022-21442]
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Federal Register / Vol. 87, No. 191 / Tuesday, October 4, 2022 / Rules and Regulations
annunciation must be provided to the
flightcrew for events that significantly
change the operating mode of the
system but do not merit the classic
‘‘failure warning.’’
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
[FR Doc. 2022–21451 Filed 10–3–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Applicability
As discussed above, these special
conditions apply to Airbus Model
A321neo XLR airplanes. Should Airbus
apply later for a change to the type
certificate to include another model
incorporating the same novel or unusual
design feature, the special conditions
would apply to that model as well.
14 CFR Part 39
Conclusion
AGENCY:
This action affects only a certain
novel or unusual design feature on one
model series of airplanes. It is not a rule
of general applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
Authority Citation
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701, 44702, 44704.
The Special Conditions
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Issued in Kansas City, Missouri, on
September 28, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
D Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for Airbus Model
A321neo XLR airplanes.
In addition to the requirements of
§ 25.143, the following special condition
applies:
1. The flight-control system must
indicate to the flight crew when the
primary control means is near the limit
of control authority.
In addition to the requirements of
§§ 25.671 and 25.672, the following
special condition applies:
2. If the flight-control system has
multiple modes of operation, the system
must alert the flight crew when the
airplane enters any mode that
significantly changes or degrades the
normal handling or operational
characteristics of the airplane.
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[Docket No. FAA–2022–1160; Project
Identifier MCAI–2021–01291–T; Amendment
39–22179; AD 2022–19–10]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A321–251N, A321–
251NX, A321–252NX, A321–253N,
A321–253NX, and A321–271NX
airplanes. This AD was prompted by a
determination that the quick release pin
that is installed on the upper attachment
of certain Smart HS–L41 and Smart HS–
L42 lavatories is too short to lock on the
bracket. This AD requires replacement
of the quick release pin installed on the
upper attachment of affected lavatories,
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
October 19, 2022.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 19, 2022.
The FAA must receive comments on
this AD by November 18, 2022.
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
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: U.S. Department of
Transportation, Docket Operations, M–
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30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, 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
easa.europa.eu. You may find this IBR
material on the EASA website at
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 www.regulations.gov
by searching for and locating Docket No.
FAA–2022–1160.
Examining the AD Docket
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
SUMMARY:
60061
You may examine the AD docket at
regulations.gov by searching for and
locating Docket No. FAA–2022–1160; 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 206–231–3229; email
Vladimir.Ulyanov@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–2022–1160;
Project Identifier MCAI–2021–01291–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
www.regulations.gov, including any
personal information you provide. The
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Federal Register / Vol. 87, No. 191 / Tuesday, October 4, 2022 / Rules and Regulations
passengers. See the MCAI for additional
background information.
agency will also post a report
summarizing each substantive verbal
contact received about this final rule.
Related Service Information Under 1
CFR Part 51
EASA AD 2021–0263 specifies
procedures for replacing the quick
release pin on the upper attachment of
the affected lavatories, and installing the
label and ID card.
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.
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 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.
FAA’s Determination
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with 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.
Background
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2021–
0263 described previously, except for
any differences identified as exceptions
in the regulatory text of this AD.
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2021–0263,
dated November 19, 2021 (EASA AD
2021–0263) (also referred to as the
MCAI), to correct an unsafe condition
for certain Airbus SAS Model A321–
251N, A321–251NX, A321–252NX,
A321–253N, A321–253NX, and A321–
271NX airplanes.
This AD was prompted by a
determination that the quick release pin
that is installed on the upper attachment
of certain Smart HS–L41 and Smart HS–
L42 lavatories is too short to lock on the
bracket. The FAA is issuing this AD to
address the possibility that the quick
release pin can slip out unintentionally
under certain load conditions, which
could lead to consequent movement of
the lavatory, possibly resulting in
injuries to flight attendants or
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 2021–0263
is incorporated by reference in this AD.
This AD requires compliance with
EASA AD 2021–0263 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 2021–0263 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 2021–0263.
Service information required by EASA
AD 2021–0263 for compliance will be
available at regulations.gov by searching
for and locating Docket No. FAA–2022–
1160 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.
There are currently no domestic
operators of these products.
Accordingly, notice and opportunity for
prior public comment are unnecessary,
pursuant to 5 U.S.C. 553(b)(3)(B). In
addition, for the forgoing reason(s), the
FAA finds that good cause exists
pursuant to 5 U.S.C. 553(d) for making
this amendment effective in less than 30
days.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.registered airplanes. If an affected
airplane is imported and placed on the
U.S. Register in the future, the FAA
provides the following cost estimates to
comply with this AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
1 work-hour × $85 per hour = $85 ..........................................................................................................................
(*)
$85
* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this AD.
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Federal Register / Vol. 87, No. 191 / Tuesday, October 4, 2022 / Rules and Regulations
According to the manufacturer, some
or all of the costs of this AD may be
covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage for affected
individuals. As a result, the FAA has
included all known costs in the cost
estimate.
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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15:56 Oct 03, 2022
Jkt 259001
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:
■
2022–19–10 Airbus SAS: Amendment 39–
22179; Docket No. FAA–2022–1160;
Project Identifier MCAI–2021–01291–T.
(a) Effective Date
This airworthiness directive (AD) is
effective October 19, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A321–251N, A321–251NX, A321–252NX,
A321–253N, A321–253NX, and A321–271NX
airplanes, certificated in any category, as
identified in European Union Aviation Safety
Agency (EASA) AD 2021–0263, dated
November 19, 2021 (EASA AD 2021–0263).
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/furnishings.
(e) Unsafe Condition
This AD was prompted by a determination
that the quick release pin that is installed on
the upper attachment of certain Smart HS–
L41 and Smart HS–L42 lavatories is too short
to lock on the bracket. The FAA is issuing
this AD to address the possibility that the
quick release pin can slip out unintentionally
under certain load conditions, which could
lead to consequent movement of the lavatory,
possibly resulting in injuries to flight
attendants or 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 2021–0263.
(h) Exceptions to EASA AD 2021–0263
(1) Where EASA AD 2021–0263 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The actions specified in paragraph (2)
of EASA AD 2021–0263 are not required by
this AD.
(3) The ‘‘Remarks’’ section of EASA AD
2021–0263 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
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60063
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): 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
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 2021–0263, dated November 19,
2021.
(ii) [Reserved]
(3) For EASA AD 2021–0263, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
easa.europa.eu. You may find this EASA AD
on the EASA website at 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
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Federal Register / Vol. 87, No. 191 / Tuesday, October 4, 2022 / Rules and Regulations
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on September 8, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–21442 Filed 10–3–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 220929–0203]
RIN 0694–AI99
Additions of Entities to the Entity List
Bureau of Industry and
Security, Department of Commerce.
ACTION: Final rule.
AGENCY:
In response to the Russian
Federation’s (Russia’s) further invasion
of Ukraine on February 24, 2022, the
illegal and unjustifiable basis of which
has been furthered by its illegal
purported annexation of regions of
Ukraine, the Department of Commerce
is amending the Export Administration
Regulations (EAR) by adding 57 entities
under 57 entries to the Entity List.
These entities have been determined by
the U.S. Government to be acting
contrary to the national security or
foreign policy interests of the United
States. Of these 57 entities, 56 will be
listed on the Entity List under the
destination of Russia and one will be
listed under the destination of the
Crimea Region of Ukraine.
DATES: This rule is effective on
September 30, 2022.
FOR FURTHER INFORMATION CONTACT:
Chair, End-User Review Committee,
Office of the Assistant Secretary for
Export Administration, Bureau of
Industry and Security, Department of
Commerce, Phone: (202) 482–5991,
Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
The Entity List (supplement no. 4 to
part 744 of the EAR (15 CFR parts 730–
774)) identifies entities for which there
is reasonable cause to believe, based on
specific and articulable facts, that the
entities have been involved, are
involved, or pose a significant risk of
being or becoming involved in activities
contrary to the national security or
foreign policy interests of the United
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States. The EAR impose additional
license requirements on, and limits the
availability of, most license exceptions
for exports, reexports, and transfers (incountry) when listed entities are parties
to the transaction. The license review
policy for each listed entity is identified
in the ‘‘License Review Policy’’ column
on the Entity List, and the impact on the
availability of license exceptions is
described in the relevant Federal
Register document that added the entity
to the Entity List. The Bureau of
Industry and Security (BIS) places
entities on the Entity List pursuant to
part 744 (Control Policy: End-User and
End-Use Based) and part 746
(Embargoes and Other Special Controls)
of the EAR.
The End-User Review Committee
(ERC), composed of representatives of
the Departments of Commerce (Chair),
State, Defense, Energy and, where
appropriate, the Treasury, makes all
decisions regarding additions to,
removals from, or other modifications to
the Entity List. The ERC makes all
decisions to add an entry to the Entity
List by majority vote and makes all
decisions to remove or modify an entry
by unanimous vote.
Additions to the Entity List
The ERC determined to add the
Russian Institute of Radio Navigation
and Time to the Entity List for acquiring
and attempting to acquire U.S.-origin
items in support of Russia’s military.
This activity is contrary to U.S. national
security and foreign policy interests
under § 744.11(b) and this entity
qualifies as a military end user under
§ 744.21(g) of the EAR. This entity will
receive a footnote 3 designation because
the ERC has determined that it is a
Russian ‘military end user’ in
accordance with § 744.21. A footnote 3
designation subjects this entity to the
Russia/Belarus-Military End User
Foreign Direct Product (FDP) Rule,
detailed in § 734.9(g). This entity is
added with a license requirement for all
items subject to the EAR, which may be
overcome by License Exception GOV
under § 740.11(b)(2) and (e). This entity
is added with a license review policy of
denial for all items subject to the EAR
other than food and medicine
designated as EAR99 and for items for
U.S. Government-supported use in the
International Space Station (ISS).
License applications for these
transactions will be reviewed on a caseby-case basis.
The ERC determined to add the
Federal Technical Regulation and
Metrology Agency; the Federal State
Budgetary Institution of Science P.I.
K.A. Valiev RAS of the Ministry of
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Science and Higher Education of Russia;
the Federal State Unitary Enterprise AllRussian Research Institute of Physical,
Technical and Radio Engineering
Measurements; the Institute of Physics
Named After P.N. Lebedev of the
Russian Academy of Sciences; the
National Research Center Kurchatov
Institute; the Institute of Solid-State
Physics of the Russian Academy of
Sciences; and the Rzhanov Institute of
Semiconductor Physics, Siberian
Branch of Russian Academy of Sciences
to the Entity List for acquiring and
attempting to acquire U.S.-origin items
in support of the Russian military, as
well as their involvement in the
development of quantum computing
technologies, which would further
enable Russia’s malicious cyber
activities, or are otherwise important to
Russia in developing advanced
production and development
capabilities. These activities are
contrary to U.S. national security and
foreign policy interests under
§ 744.11(b). These seven entities are
being added with a license requirement
for all items subject to the EAR and a
license review policy of denial.
The ERC determined to add 49
Russian institutes or companies, as set
forth in the list below, to the Entity List
for acquiring and attempting to acquire
U.S.-origin items in support of Russia’s
military. This activity is contrary to
national security and foreign policy
interests under § 744.11(b). These
entities will receive footnote 3
designations because the ERC has
determined that they are Russian
‘military end users’ in accordance with
§ 744.21. A footnote 3 designation
subjects these entities to the Russia/
Belarus-Military End User Foreign
Direct Product (FDP) Rule, detailed in
§ 734.9(g). These entities are added with
a license requirement for all items
subject to the EAR. They are added with
a license review policy of denial for all
items subject to the EAR other than food
and medicine designated as EAR99,
license applications for which will be
reviewed on a case-by-case basis. The
entities are: A. Lyulki ExperimentalDesign Bureau; A. Lyulki Science and
Technology Center; AO Aviaagregat;
Central Aerohydrodynamic Institute;
Closed Joint Stock Company Turborus;
Federal Autonomous Institution Central
Institute of Engine-Building N.A. P.I.
Baranov; Federal State Budgetary
Institution National Research Center
Institute n.a. NE Zhukovsky; Federal
State Unitary Enterprise State ScientificResearch Institute for Aviation Systems;
Joint Stock Company 121 Aviation
Repair Plant; Joint Stock Company 123
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]]>Agencies
[Federal Register Volume 87, Number 191 (Tuesday, October 4, 2022)]
[Rules and Regulations]
[Pages 60061-60064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21442]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1160; Project Identifier MCAI-2021-01291-T;
Amendment 39-22179; AD 2022-19-10]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A321-251N, A321-251NX, A321-252NX, A321-253N,
A321-253NX, and A321-271NX airplanes. This AD was prompted by a
determination that the quick release pin that is installed on the upper
attachment of certain Smart HS-L41 and Smart HS-L42 lavatories is too
short to lock on the bracket. This AD requires replacement of the quick
release pin installed on the upper attachment of affected lavatories,
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 October 19, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 19,
2022.
The FAA must receive comments on this AD by November 18, 2022.
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 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, 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 easa.europa.eu. You may
find this IBR material on the EASA website at 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 www.regulations.gov
by searching for and locating Docket No. FAA-2022-1160.
Examining the AD Docket
You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2022-1160; 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 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-2022-1160; Project Identifier MCAI-
2021-01291-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
www.regulations.gov, including any personal information you provide.
The
[[Page 60062]]
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 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 2021-0263, dated November 19, 2021
(EASA AD 2021-0263) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A321-251N, A321-251NX,
A321-252NX, A321-253N, A321-253NX, and A321-271NX airplanes.
This AD was prompted by a determination that the quick release pin
that is installed on the upper attachment of certain Smart HS-L41 and
Smart HS-L42 lavatories is too short to lock on the bracket. The FAA is
issuing this AD to address the possibility that the quick release pin
can slip out unintentionally under certain load conditions, which could
lead to consequent movement of the lavatory, possibly resulting in
injuries to flight attendants or passengers. See the MCAI for
additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0263 specifies procedures for replacing the quick
release pin on the upper attachment of the affected lavatories, and
installing the label and ID card.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with 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
2021-0263 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 2021-0263 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2021-0263 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 2021-0263 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
2021-0263. Service information required by EASA AD 2021-0263 for
compliance will be available at regulations.gov by searching for and
locating Docket No. FAA-2022-1160 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.
There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
forgoing reason(s), the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
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Cost per
Labor cost Parts cost product
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1 work-hour x $85 per hour = $85.............................................. (*) $85
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* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
AD.
[[Page 60063]]
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
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:
2022-19-10 Airbus SAS: Amendment 39-22179; Docket No. FAA-2022-1160;
Project Identifier MCAI-2021-01291-T.
(a) Effective Date
This airworthiness directive (AD) is effective October 19, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A321-251N, A321-251NX, A321-
252NX, A321-253N, A321-253NX, and A321-271NX airplanes, certificated
in any category, as identified in European Union Aviation Safety
Agency (EASA) AD 2021-0263, dated November 19, 2021 (EASA AD 2021-
0263).
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Unsafe Condition
This AD was prompted by a determination that the quick release
pin that is installed on the upper attachment of certain Smart HS-
L41 and Smart HS-L42 lavatories is too short to lock on the bracket.
The FAA is issuing this AD to address the possibility that the quick
release pin can slip out unintentionally under certain load
conditions, which could lead to consequent movement of the lavatory,
possibly resulting in injuries to flight attendants or 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 2021-0263.
(h) Exceptions to EASA AD 2021-0263
(1) Where EASA AD 2021-0263 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The actions specified in paragraph (2) of EASA AD 2021-0263
are not required by this AD.
(3) The ``Remarks'' section of EASA AD 2021-0263 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 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 2021-0263,
dated November 19, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0263, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find this EASA
AD on the EASA website at 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
[[Page 60064]]
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on September 8, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-21442 Filed 10-3-22; 8:45 am]
BILLING CODE 4910-13-P
