[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Rules and Regulations]
[Pages 34933-34936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14158]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0540; Project Identifier MCAI-2021-00694-T; 
Amendment 39-21635; AD 2021-14-08]
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 all 
Airbus SAS Model A319-151N, A319-153N, A319-171N, A320-251N, A320-252N, 
A320-253N, A320-271N, A320-272N, A320-273N, A321-251N, A321-251NX, 
A321-252N, A321-252NX, A321-253N, A321-253NX, A321-271N, A321-271NX, 
A321-272N and A321-272NX airplanes. This AD was prompted by reports of 
an increasing number of operational disruptions due to airspeed 
discrepancies. This AD requires revising the existing airplane flight 
manual (AFM) to include a procedure to reinforce the airspeed check 
during the take-off phase and provide instructions to abort take-off in 
certain cases, 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 July 1, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 1, 
2021.
    The FAA must receive comments on this AD by August 16, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material incorporated by reference (IBR) in this AD, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#97d6d3e4d7f2f6e4f6b9f2e2e5f8e7f6b9f2e2"><span class="__cf_email__" data-cfemail="0d4c497e4d686c7e6c2368787f627d6c236878">[email protected]</span></a>; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. You may view this IBR material at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available in 
the AD docket on the internet at https://www.regulations.gov by 
searching for

[[Page 34934]]

and locating Docket No. FAA-2021-0540.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0540; 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, any comments received, and other information. The street 
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223; 
email <a href="/cdn-cgi/l/email-protection#d586b4bbbfb4acfb87b4b9bdb4bb95b3b4b4fbb2baa3"><span class="__cf_email__" data-cfemail="8bd8eae5e1eaf2a5d9eae7e3eae5cbedeaeaa5ece4fd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0150, dated June 21, 2021; 
corrected June 25, 2021 (EASA AD 2021-0150) (also referred to as the 
Mandatory Continuing Airworthiness Information, or the MCAI), to 
correct an unsafe condition for all Airbus SAS Model A319-151N, A319-
153N, A319-171N, A320-251N, A320-252N, A320-253N, A320-271N, A320-272N, 
A320-273N, A321-251N, A321-251NX, A321-252N, A321-252NX, A321-253N, 
A321-253NX, A321-271N, A321-271NX, A321-272N and A321-272NX airplanes.
    EASA and Airbus issued various communication documents 
(respectively EASA Safety Information Bulletin (SIB) 2020-14, Airbus 
Operators Information Transmission (OIT) 999.0048/20, Airbus 
Operational Training Transmission (OTT) 999.0025/21, and Airbus Flight 
Operations Transmission (FOT) 999.0020/21) to remind operators to apply 
appropriate procedures for returning airplanes to service from short 
term or long term storage/parking, including procedures to inspect the 
pitot static system. However, an increasing number of operational 
disruptions have been reported, due to contaminated air data system, 
caused by lack of application of appropriate maintenance procedures for 
returning airplanes to service.
    This AD was prompted by reports of an increasing number of 
operational disruptions due to airspeed discrepancies after airplanes 
have been parked or stored (a large number of airplanes have been 
parked or stored due to the COVID-19 pandemic). Consistent erroneous 
airspeed indications (which stands for 2 or 3 pitot probes delivering 
erroneous speed information within the same speed range) may adversely 
affect airplane response, in particular during the rotation phase. The 
FAA is issuing this AD to address airspeed discrepancies, which could 
lead to an unstable flight path after take-off, possibly resulting in 
reduced control of the airplane. See the MCAI for additional background 
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0150 describes procedures for, among other actions, 
revising the AFM to include a procedure to reinforce the airspeed check 
during the take-off phase and provide instructions to abort take-off in 
certain cases (e.g., an unreliable airspeed situation or certain 
airspeed differences).
    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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD because the FAA evaluated 
all pertinent information and determined the unsafe condition exists 
and 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 
2021-0150 described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD and except as discussed under ``Differences Between this AD and 
the MCAI.''

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 2021-0150 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2021-0150 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 2021-0150 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 
2021-0150. Service information required by EASA AD 2021-0150 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0540 after this AD is 
published.

Differences Between This AD and the MCAI

    Paragraph (3) of EASA AD 2021-0150 requires revising the minimum 
equipment list (MEL) to incorporate an EASA master minimum equipment 
list (MMEL) change to mandate that the integrated standby instrument 
system (ISIS) airspeed indication must be operative. However, the FAA 
MMEL does not provide relief for an inoperative ISIS airspeed 
indication function. Therefore, paragraph (3) of EASA AD 2021-0150 is 
unnecessary for this AD.
    EASA AD 2021-0150 requires operators to ``inform all flight crews'' 
of revisions to the AFM and thereafter to ``operate the aeroplane 
accordingly.'' However, this AD does not specifically require those 
actions as those actions are already required by FAA regulations.
    FAA regulations require operators furnish to pilots any changes to 
the AFM (ex: 14 CFR 121.137), and to ensure the pilots are familiar 
with the AFM (ex: 14 CFR 91.505). As with any other 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 no person may operate a civil aircraft without 
complying with the operating limitations specified in the AFM.
    Therefore, including a requirement in this AD to operate the 
airplane according to the revised AFM would be redundant and 
unnecessary. Further, compliance with such requirements in

[[Page 34935]]

an AD would be impracticable to demonstrate or track on an ongoing 
basis; therefore, a requirement to operate the airplane in such a 
manner would be unenforceable.

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 forgoing notice and comment prior to adoption of this rule 
because consistent erroneous airspeed indications may adversely affect 
airplane response, in particular during the rotation phase. This unsafe 
condition is particularly prevalent in the large number of airplanes 
that are returning to service after airplanes have been parked or 
stored due to the COVID-19 pandemic. Without reinforcing the airspeed 
check and providing instructions to abort take-off in certain cases, 
airspeed discrepancies could lead to an unstable flight path after 
take-off, possibly resulting in reduced control of the airplane. 
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 forgo notice and 
comment.

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0540; Project Identifier MCAI-
2021-00694-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Sanjay 
Ralhan, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3223; email <a href="/cdn-cgi/l/email-protection#93c0f2fdf9f2eabdc1f2fffbf2fdd3f5f2f2bdf4fce5"><span class="__cf_email__" data-cfemail="7b281a15111a0255291a17131a153b1d1a1a551c140d">[email protected]</span></a>. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Explanation of Special Flight Permit Limitation

    Once the compliance time specified in this AD has passed, special 
flight permits, as described in 14 CFR 21.197 and 21.199, are not 
allowed. As a result of the COVID-19 pandemic, a large numbers of 
airplanes have been put in storage. For those airplanes removed from 
storage after the compliance time specified in this AD has passed, 
operators must incorporate the AFM revision required by this AD before 
further flight.

Interim Action

    The FAA considers this AD interim action and further AD action 
might follow.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 204 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $17,340
----------------------------------------------------------------------------------------------------------------

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.

[[Page 34936]]

Regulatory Findings

    The FAA determined that 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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2021-14-08 Airbus SAS: Amendment 39-21635; Docket No. FAA-2021-0540; 
Project Identifier MCAI-2021-00694-T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 1, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A319-151N, A319-153N, 
A319-171N, A320-251N, A320-252N, A320-253N, A320-271N, A320-272N, 
A320-273N, A321-251N, A321-251NX, A321-252N, A321-252NX, A321-253N, 
A321-253NX, A321-271N, A321-271NX, A321-272N and A321-272NX 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by reports of an increasing number of 
operational disruptions due to airspeed discrepancies that have 
occurred due to the large number of airplanes returning to service 
after airplanes have been parked or stored (a large number of 
airplanes have been parked or stored due to the COVID-19 pandemic). 
The FAA is issuing this AD to address airspeed discrepancies, which 
could lead to an unstable flight path after take-off, possibly 
resulting in reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2021-0150, dated June 21, 2021; corrected June 25, 2021 (EASA AD 
2021-0150).

(h) Exceptions to EASA AD 2021-0150

    (1) Where EASA AD 2021-0150 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Paragraph (1) of EASA AD 2021-0150 specifies amending ``the 
applicable AFM [airplane flight manual],'' but this AD requires 
amending ``the existing applicable AFM and applicable corresponding 
operational procedures.''
    (3) Paragraph (3) of EASA AD 2021-0150 does not apply to this 
AD.
    (4) The ``Remarks'' section of EASA AD 2021-0150 does not apply 
to this AD.
    (5) Where paragraph (1) of EASA AD 2021-0150 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.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are not allowed after 7 days after the effective date of 
this AD unless the AFM revision required by paragraph (g) of this AD 
is accomplished.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (k) of this 
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#5e67731f080d731f170c73696d6e731f13111d1e383f3f70393128"><span class="__cf_email__" data-cfemail="a99084e8fffa84e8e0fb849e9a9984e8e4e6eae9cfc8c887cec6df">[email protected]</span></a>. 
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 (j)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223; email <a href="/cdn-cgi/l/email-protection#0152606f6b60782f53606d69606f416760602f666e77"><span class="__cf_email__" data-cfemail="b9ead8d7d3d8c097ebd8d5d1d8d7f9dfd8d897ded6cf">[email protected]</span></a>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0150, 
dated June 21, 2021; corrected June 25, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0150, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#c78683b487a2a6b4a6e9a2b2b5a8b7a6e9a2b2"><span class="__cf_email__" data-cfemail="7534310635101406145b1000071a05145b1000">[email protected]</span></a>; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195. This material may be found in the AD 
docket on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0540.
    (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 
<a href="/cdn-cgi/l/email-protection#593f3c3d2b3c3e77353c3e38351937382b38773e362f"><span class="__cf_email__" data-cfemail="d3b5b6b7a1b6b4fdbfb6b4b2bf93bdb2a1b2fdb4bca5">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 28, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-14158 Filed 6-29-21; 11:15 am]
BILLING CODE 4910-13-P


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