[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Rules and Regulations]
[Pages 21923-21927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08577]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0845; Product Identifier 2020-NM-102-AD; Amendment 
39-21514; AD 2021-09-01]
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 A320-271N, A321-211, and A321-271N airplanes. 
This AD was prompted by reports of missing overhead stowage compartment 
(OHSC) X-fixation brackets or brackets that were incorrectly installed 
during assembly. This AD requires a special detailed inspection of the 
OHSC X-fixation brackets for missing or incorrectly installed brackets, 
and installation or replacement the OHSC X-fixation brackets if 
necessary; or modification of each OHSC; as specified in a European 
Union Aviation Safety Agency (EASA) AD, which will be incorporated by 
reference. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective June 1, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 1, 2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. You may view this IBR material at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For

[[Page 21924]]

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-2020-0845.

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-2020-
0845; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0122, dated May 29, 2020 (EASA 
AD 2020-0122) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for certain Airbus SAS Model A320-271N, A321-211, and A321-271N 
airplanes.
    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 A320-271N, A321-211, and A321-271N airplanes. The NPRM published 
in the Federal Register on September 17, 2020 (85 FR 58014). The NPRM 
was prompted by reports of missing OHSC X-fixation brackets or brackets 
that were incorrectly installed during assembly. The NPRM proposed to 
require a special detailed inspection of the OHSC X-fixation brackets 
for missing or incorrectly installed brackets, and installation or 
replacement if necessary; or modification of each OHSC, as specified in 
an EASA AD.
    The FAA is issuing this AD to address this condition, which could 
lead to OHSC failure under certain loading conditions, and possibly 
result in injury to occupants and impede egress during an emergency 
evacuation. 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.

Request To Use a Borescope for the Inspection Requirement

    Delta Air Lines (DAL) requested that the FAA allow the use of a 
borescope as an alternative device to the endoscope for the inspection 
of the OHSC X-fixation brackets as specified in paragraph (1) of EASA 
AD 2020-0122. DAL stated that Airbus has provided its concurrence in 
Airbus Technical Request 80838467/006, dated October 15, 2020.
    The FAA agrees that use of a borescope to do this inspection will 
provide an adequate level of safety. The FAA has added paragraph (h)(3) 
to this AD, which allows for the use of a borescope for the inspection 
of the OHSC X-fixation brackets required in this AD.

Request To Disregard the Description of the Bin Assembly in the 
Referenced Service Information

    DAL requested that the FAA add an exception to paragraph (h) of the 
proposed AD to disregard the description of the bin assembly. DAL 
commented that where paragraph 3.C.1(b) through 3.C.1(ae) of the 
referenced modification service information specified in paragraph (3) 
of EASA AD 2020-0122 states to ``replace bin assembly 1F FL EE'' (and 
other bin assemblies), the bin assembly description is information only 
and does not point to a location on the airplane. DAL commented that 
Airbus has provided its concurrence in Airbus Technical Request 
80838467/006, dated October 15, 2020.
    The FAA agrees that the bin assembly identifier, such as ``1F FL 
EE,'' is related to the bin assembly description in the referenced 
modification service information specified in EASA AD 2020-0122. The 
bin assembly identifiers are provided for information only. The FAA 
does not agree with removing these references for the bin assemblies 
because they describe the part that correlates with the part number. 
Further, the FAA has verified with Airbus that Airbus tech request 
80838467/006, dated October 15, 2020, does not recommend removing the 
part description. However, the FAA has clarified use of the bin 
assembly identifiers in paragraph (h)(4) of this AD.

Request for a One-Time Identification of the OHSC

    DAL requested that the FAA clarify that the OHSC housing must be 
reidentified only one time although the service information referenced 
in paragraph (3) of EASA AD 2021-0122 specifies to reidentify the OHSC 
housing at each bin assembly replacement step. DAL stated that Airbus 
confirmed in Airbus Technical Request 80838467/006, dated October 15, 
2020, that each OHSC housing has more than one bin assembly, so the 
reidentification step is needed only one time for the OHSC housing, not 
when each bin assembly is replaced.
    The FAA agrees with the commenter. The complete OHSC module, which 
mainly consists of one housing, one or more bins, the light cover, and 
one or more air outlets, has one part number. Only one identification 
label is needed for the whole module, and the bins have their own 
identification labels with their own part numbers. The FAA has revised 
this AD to add paragraph (h)(5) of this AD to clarify that the OHSC 
module is a one-time reidentification no matter how many bins have been 
modified.

Request To Disregard a Part Number Not Installed on the Airplane

    DAL requested that the FAA add an exception to paragraph (h) of the 
proposed AD explaining that the part number of the COMPARTMENT ASSY may 
be disregarded if it is not installed on the airplane, as long as the 
OHSC X-fixation brackets are replaced as specified in paragraph (3) of 
EASA AD 2020-0122. DAL stated that the part numbers of the COMPARTMENT 
ASSY can be mismatched due to differences in the airplane 
applicability; therefore, mismatched part numbers in this step occur 
when the COMPARTMENT ASSY in the airplane are removed. DAL stated that 
Airbus has provided its concurrence in Airbus Technical Request 
80838467/006, dated October 15, 2020.
    The FAA disagrees with the commenter's request. An AD may not 
require actions on a part or component that is not installed on the 
airplane. Any COMPARTMENT ASSY installed after the effective date of 
this AD must be in compliance with the requirements of this AD. The 
COMPARTMENT ASSY is reidentified using the referenced modification 
service information specified in EASA AD 2020-0122. When the 
COMPARTMENT ASSY is reidentified, the referenced modification service 
information shows the list of the old and new part numbers to address

[[Page 21925]]

the re-identified parts. The FAA has not revised this AD in this 
regard.

Request To Include Certain Equivalencies for Certain Tasks

    DAL requested that the proposed AD include certain equivalencies 
for the Ref. Tasks identified in the referenced inspection service 
information specified in EASA AD 2020-0122. DAL stated that the Ref. 
Task identified in the referenced inspection service information 
specified in EASA AD 2020-0122 specifies that the actions be 
accomplished ``in accordance with'' a specific Ref. Task. DAL stated 
that Airbus has provided its concurrence in Airbus Technical Request 
80838467/006, dated October 15, 2020.
    The FAA agrees to revise this AD to include certain equivalencies 
for the Ref. Tasks identified in step 3.C.1(c) of the referenced 
inspection service information specified in EASA AD 2020-0122. The FAA 
has included the Ref. Task equivalencies in paragraphs (h)(6)(i) 
through (xvi) of 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 with the changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0122 specifies procedures for a special detailed 
inspection of the OHSC X-fixation brackets for missing or incorrectly 
installed brackets, and corrective actions (installation or replacement 
OHSC X-fixation brackets) if necessary; or modification of each OHSC by 
installing new X-fixation brackets and reidentifying the OHSC housing. 
This material is reasonably available because the interested parties 
have access to it through their normal course of business or by the 
means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 31 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 29 work-hours x $85 per hour = Up               $0  Up to $2,465..............  Up to $76,415.
 to $2,465.
----------------------------------------------------------------------------------------------------------------


                  Estimated Costs for Optional Actions
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           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 36 work-hours x $85 per     Up to $539,060....  Up to $542,120.
 hour = Up to $3,060.
------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
Up to 29 work-hours x $85 per hour =               * $              * $
 Up to $2,465.........................
------------------------------------------------------------------------
* The FAA has received no definitive data that would enable us to
  provide parts cost estimates for the on-condition action specified in
  this AD.

    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 operators. The FAA does not control warranty coverage for 
affected operators. As a result, the FAA has included all known costs 
in our 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,
    (2) Will not affect intrastate aviation in Alaska, and

[[Page 21926]]

    (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:

2021-09-01 Airbus SAS: Amendment 39-21514; Docket No. FAA-2020-0845; 
Product Identifier 2020-NM-102-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective June 1, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A320-271N, A321-211 and 
A321-271N airplanes, certificated in any category, as identified in 
European Union Aviation Safety Agency (EASA) AD 2020-0122, dated May 
29, 2020 (EASA AD 2020-0122).

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by reports of missing overhead stowage 
compartment (OHSC) X-fixation brackets or brackets that were 
incorrectly installed during assembly. The FAA issuing this AD to 
address this condition, which could lead to OHSC failure under 
certain loading conditions, and possibly result in injury to 
occupants and impede egress during an emergency evacuation.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2020-0122.

(h) Exceptions and Clarifications to EASA AD 2020-0122

    (1) Where EASA AD 2020-0122 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0122 does not apply 
to this AD.
    (3) For the inspection of the OHSC X-fixation brackets specified 
in paragraph (1) of EASA AD 2020-0122, this AD allows the use of the 
borescope as an alternative method of compliance for the inspection.
    (4) Paragraphs 3.C.1(b) through 3.C.1(ae) of the referenced 
modification service information specified in EASA AD 2020-0122 
specifies to ``replace bin assembly [**],'' where ``**'' refers to a 
bin assembly identifier. These identifiers are for information only.
    (5) Where paragraphs 3.C.1(b) through 3.C.1(ae) of the 
referenced modification service information specified in EASA AD 
2020-0122 references reidentification of the OHSC at every 
COMPARTMENT ASSY installation, this AD requires a one-time 
reidentification for the OHSC module no matter how many bins have 
been modified.
    (6) Accomplishment of either of the pair of Ref. Tasks 
identified in each of the paragraphs in (h)(6)(i) through (xvi) of 
this AD is acceptable for compliance with the applicable action of 
the Ref. Tasks identified in step 3.C.1(c) of the referenced 
inspection service information specified in EASA AD 2020-0122.
    (i) Ref. Task A320-A-25-XX-1BFN-01ZZZ-600Z-A corresponds to Ref. 
Task A320-A-25-XX-1BFN-01001-600A-A.
    (ii) Ref. Task A320-A-25-XX-1BFN-02ZZZ-600Z-A corresponds to 
Ref. Task A320-A-25-XX-1BFN-02001-600A-A.
    (iii) Ref. Task A320-A-25-XX-1BFN-03ZZZ-600Z-A corresponds to 
Ref. Task A320-A-25-XX-1BFN-03001-600A-A.
    (iv) Ref. Task A320-A-25-XX-1BFN-04ZZZ-600Z-A corresponds to 
Ref. Task A320-A-25-XX-1BFN-04001-600A-A.
    (v) Ref. Task A320-A-25-XX-1BFN-05ZZZ-600Z-A corresponds to Ref. 
Task A320-A-25-XX-1BFN-05001-600A-A.
    (vi) Ref. Task A320-A-25-XX-1BFN-06ZZZ-600Z-A correspond to Ref. 
Task A320-A-25-XX-1BFN-06001-600A-A.
    (vii) Ref. Task A320-A-25-XX-1BFN-07ZZZ-600Z-A corresponds to 
Ref. Task A320-A-25-XX-1BFN-07001-600A-A.
    (viii) Ref. Task A320-A-25-XX-1BFN-08ZZZ-600Z-A corresponds to 
Ref. Task A320-A-25-XX-1BFN-08001-600A-A.
    (ix) Ref. Task A320-A-25-XX-1BFN-09ZZZ-600Z-A corresponds to 
Ref. Task A320-A-25-XX-1BFN-09001-600A-A.
    (x) Ref. Task A320-A-25-XX-1BFN-10ZZZ-600Z-A corresponds to Ref. 
Task A320-A-25-XX-1BFN-10001-600A-A.
    (xi) Ref. Task A320-A-25-XX-1BFN-11ZZZ-600Z-A corresponds to 
Ref. Task A320-A-25-XX-1BFN-11001-600A-A.
    (xii) Ref. Task A320-A-25-XX-1BFN-12ZZZ-600Z-A corresponds to 
Ref. Task A320-A-25-XX-1BFN-12001-600A-A.
    (xiii) Ref. Task A320-A-25-XX-1BFN-13ZZZ-600Z-A corresponds to 
Ref. Task A320-A-25-XX-1BFN-13001-600A-A.
    (xiv) Ref. Task A320-A-25-XX-1BFN-14ZZZ-600Z-A correspond to 
Ref. Task A320-A-25-XX-1BFN-14001-600A-A.
    (xv) Ref. Task A320-A-25-XX-1BFN-15ZZZ-600Z-A corresponds to 
Ref. Task A320-A-25-XX-1BFN-15001-600A-A.
    (xvi) Ref. Task A320-A-25-XX-1BFN-16ZZZ-600Z-A corresponds to 
Ref. Task A320-A-25-XX-1BFN-16001-600A-A.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0122 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (k) of this 
AD. Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or Airbus 
SAS's EASA 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 [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this

[[Page 21927]]

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 2020-0122, 
dated May 29, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0122, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; Internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195. This material may be found in the AD 
docket on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2020-0845.
    (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 April 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-08577 Filed 4-23-21; 8:45 am]
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