[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Rules and Regulations]
[Pages 47212-47214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18093]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0192; Project Identifier MCAI-2020-01580-T; 
Amendment 39-21662; AD 2021-16-01]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus SAS Model A318 series airplanes; Model A319-111, -112, -
113, -114, -115, -131, -132, -133, -151N, and -153N airplanes; Model 
A320 series airplanes; and Model A321 series airplanes. This AD was 
prompted by a determination that new or more restrictive airworthiness 
limitations are necessary. This AD requires revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, 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 is effective September 28, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
28, 2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#76373205361317051758130304190617581303"><span class="__cf_email__" data-cfemail="df9e9bac9fbabeacbef1baaaadb0afbef1baaa">[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 and locating Docket No. FAA-2021-0192.

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-
0192; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223; 
email <a href="/cdn-cgi/l/email-protection#2053414e4a41590e52414c48414e604641410e474f56"><span class="__cf_email__" data-cfemail="5c2f3d32363d25722e3d30343d321c3a3d3d723b332a">[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 2020-0219, dated October 12, 2020 
(EASA AD 2020-0219) (also referred to as the mandatory continuing 
airworthiness information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A318 series; Model A319-111, -112, -
113, -114, -115, -131, -132, -133, -151N, and -153N; Model A320-211, -
212, -214, -215, -216, -231, -232, -233, -251N, -252N, -253N, -271N, -
272N, and -273N airplanes; and Model A321 series airplanes. Model A320-
215 airplanes are not certificated by the FAA and are not included on 
the U.S. type certificate data sheet; this AD therefore does not 
include those airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus SAS 
Model A318 series; Model A319-111, -112, -113, -114, -115, -131, -132, 
-133, -151N, and -153N; Model A320 series airplanes; and Model A321 
series airplanes. The NPRM published in the Federal Register on March 
26, 2021 (86

[[Page 47213]]

FR 16130). The NPRM was prompted by a determination that the new and 
more restrictive airworthiness limitations are necessary The NPRM 
proposed to require revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations, as specified in EASA AD 2020-0219.
    The FAA is issuing this AD to address a safety-significant latent 
failure (that is not annunciated), which, in combination with one or 
more other specific failures or events, could result in a hazardous or 
catastrophic failure condition. See the MCAI for additional background 
information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) supported the 
NPRM.

Request To Clarify the Need for Paragraph (i) of the Proposed AD

    Delta Air Lines (Delta) requested clarification on the need for 
paragraph (i) of the proposed AD. The commenter asked whether the 
paragraph was necessary since paragraph (k) of FAA AD 2020-22-16, 
Amendment 39-21312 (85 FR 70439, November 5, 2020) (AD 2020-22-16) 
allows the use of alternative actions/intervals if they are later-
approved variations or revisions of Airbus A318/A319/A320/A321 
Airworthiness Limitation Section (ALS) Part 3 Certification Maintenance 
Requirements (CMR) Revision 07 Issue 02, dated January 17, 2020, as 
specified in EASA AD 2020-0067, dated April 6, 2020.
    The FAA does not agree that paragraph (k) of AD 2020-22-16 makes 
paragraph (i) of this AD unnecessary. The intent of paragraph (i) of 
this AD is to clarify that the termination action is for specific tasks 
in ALS Part 3 Variation 7.1 that were also required in accordance with 
AD 2020-22-16, not the entire ALS Part 3 document. Although operators 
are allowed to comply with later revisions of that document, they are 
not required to do so unless the FAA issues an AD requiring the 
incorporation of that later revision. Therefore, without the older 
versions of these tasks being terminated, operators would have to show 
compliance with both versions of these tasks. No change has been made 
to this AD.

Request To Clarify the Meaning of Paragraph (h) of the Proposed AD

    Delta requested clarification about its understanding of paragraph 
(h) of the proposed AD. The commenter said it interpreted ``later 
approved revisions of this document'' to mean later approved variations 
of ALS Part 3, e.g., Variation 7.2, 7.3, etc.
    The FAA agrees with Delta's interpretation of paragraph (h) of this 
AD.

Request To Reduce the Number of ADs Required for Compliance

    Delta expressed concern that multiple ADs would be required for 
compliance with ALS Part 3. The commenter noted that EASA AD 2021-0108, 
dated April 20, 2021, was recently issued and requires incorporating 
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 
3 Variation 7.3. Delta stated that after the FAA AD associated with 
EASA AD 2021-0108 is published, operators will be required to show 
compliance with three ADs related to Airbus A318/A319/A320/A321 ALS 
Part 3 instead of the usual one. The FAA infers a request by Delta to 
reduce the number of ADs.
    The FAA disagrees with reducing the number of ADs. While the FAA 
acknowledges that operators need to manage multiple ADs for compliance 
with ALS Part 3 (CMR), the FAA notes that two of the three EASA ADs 
require incorporating variations, rather than full revisions of Airbus 
A318/A319/A320/A321 ALS Part 3. Superseding AD 2020-22-16 would remove 
the requirement to show compliance with the full revision of the ALS 
document, potentially introducing an unsafe condition. In addition, the 
FAA notes that incorporation of the variations is necessary to mitigate 
an unsafe condition. Therefore, no change has been made to this AD.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0219 specifies new and more restrictive airworthiness 
limitations for certain safety valves. This material is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD will affect 1,680 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD.
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator. The 
agency recognizes that this number may vary from operator to operator. 
Since operators incorporate maintenance or inspection program changes 
for their affected fleet(s), the FAA has determined that a per-operator 
estimate is more accurate than a per-airplane estimate. Therefore, the 
agency estimates the average total cost per operator would be $7,650 
(90 work-hours x $85 per work-hour).

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:

[[Page 47214]]

    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

2021-16-01 Airbus SAS: Amendment 39-21662; Docket No. FAA-2021-0192; 
Project Identifier MCAI-2020-01580-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 28, 
2021.

(b) Affected ADs

    This AD affects AD 2020-22-16, Amendment 39-21312 (85 FR 70439, 
November 5, 2020) (AD 2020-22-16).

(c) Applicability

    This AD applies to the following Airbus SAS airplanes, 
certificated in any category, with an original airworthiness 
certificate or original export certificate of airworthiness issued 
on or before June 10, 2020:
    (1) Model A318-111, -112, -121, and -122 airplanes;
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -153N airplanes;
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes; and
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX, 
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address a safety-significant latent failure (that 
is not annunciated), which, in combination with one or more other 
specific failures or events, could result in a hazardous or 
catastrophic failure condition.

(f) Compliance

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

(g) Requirements

    Revise the existing maintenance or inspection program, as 
applicable, by incorporating task(s) and associated thresholds and 
intervals specified in paragraph (3) of European Union Aviation 
Safety Agency (EASA) AD 2020-0219, dated October 12, 2020 (EASA AD 
2020-0219), except you are required to incorporate task(s) and 
associated thresholds and intervals within 90 days after the 
effective date of this AD. Record a compliance time for the initial 
tasks of either the applicable ``thresholds'' incorporated by the 
requirements of paragraph (3) of EASA AD 2020-0219 or 90 days after 
the effective date of this AD, whichever would occur later.

 (h) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2020-0219.

 (i) Terminating Action for Certain Requirements of AD 2020-22-16

    Accomplishing the actions required by this AD terminates the 
corresponding requirements of AD 2020-22-16, for the tasks 
identified in the service information referred to in EASA AD 2020-
0219 only.

 (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#a79e8ae6f1f48ae6eef58a9094978ae6eae8e4e7c1c6c689c0c8d1"><span class="__cf_email__" data-cfemail="a89185e9fefb85e9e1fa859f9b9885e9e5e7ebe8cec9c986cfc7de">[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#493a2827232830673b2825212827092f2828672e263f"><span class="__cf_email__" data-cfemail="9deefcf3f7fce4b3effcf1f5fcf3ddfbfcfcb3faf2eb">[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 2020-0219, 
dated October 12, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0219, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#f0b1b483b095918391de9585829f8091de9585"><span class="__cf_email__" data-cfemail="26676255664347554708435354495647084353">[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-2021-0192.
    (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#f3959697819694dd9f9694929fb39d928192dd949c85"><span class="__cf_email__" data-cfemail="3f595a5b4d5a5811535a585e537f515e4d5e11585049">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 20, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-18093 Filed 8-23-21; 8:45 am]
BILLING CODE 4910-13-P


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