[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Rules and Regulations]
[Pages 61673-61676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24447]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0950; Project Identifier MCAI-2021-01075-T; 
Amendment 39-21803; AD 2021-23-05]
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 superseding Airworthiness Directive (AD) 2021-18-
08, which applied to all Airbus SAS Model A319-171N airplanes; Model 
A320-271N, -272N, and -273N airplanes; and Model A321-271N, -272N, -
271NX, and -272NX airplanes. AD 2021-18-08 required repetitive 
inspections of the pylon/engine interface rods for damage, and 
applicable corrective actions, as specified in European Union Aviation 
Safety Agency (EASA) AD 2021-0177. AD 2021-18-08 also provided for 
limited installation of affected parts under certain conditions. Since 
the FAA issued AD 2021-18-08, operators reported that the requirements 
of EASA AD 2021-0177 were unclear. This AD retains the requirements of 
AD 2021-18-08, with clarified instructions, as specified in an 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 November 23, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 23, 
2021.
    The FAA must receive comments on this AD by December 23, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195. It is also available in the AD docket at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0950.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0950; 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: Sanjay Ralhan, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0950; Project Identifier MCA-
2021-01075-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, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax

[[Page 61674]]

206-231-3223; 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

    The FAA issued AD 2021-18-08, Amendment 39-21709 (86 FR 48296, 
August 30, 2021) (AD 2021-18-08), which applied to all Airbus SAS Model 
A319-171N airplanes; Model A320-271N, -272N, and -273N airplanes; and 
Model A321-271N, -272N, -271NX, and -272NX airplanes. AD 2021-18-08 
required repetitive inspections of the pylon/engine interface rods for 
damage, and applicable corrective actions, as specified in EASA AD 
2021-0177, dated July 23, 2021 (EASA AD 2021-0177). AD 2021-18-08 also 
provided for limited installation of affected parts under certain 
conditions. The FAA issued AD 2021-18-08 to address damage that could 
lead to rupture of the rod-eye ends, which could result in fuel and 
hydraulic pipe chafing, consequent fuel or hydraulic leakage, and 
possible fire.

Actions Since AD 2021-18-08 Was Issued

    Since the FAA issued AD 2021-18-08, operators reported that the 
requirements of EASA AD 2021-0177 were unclear.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0177R1, dated September 21, 
2021 (EASA AD 2021-0177R1) (also referred to as the MCAI), to correct 
an unsafe condition for all Airbus SAS Model A319-171N, A320-271N, 
A320-272N, A320-273N, A321-271N, A321-272N, A321-271NX, and A321-272NX 
airplanes. EASA AD 2021-0177R1 revised EASA AD 2021-0177, dated July 
23, 2021 (which corresponded to FAA AD 2021-18-08), to clarify the 
requirements.
    This AD was prompted by a report of damage found at the rod-eye 
ends of two original rods installed to maintain an interface plate 
between the pylon and nacelle, and the need to clarify certain existing 
requirements. The FAA is issuing this AD to address damage that could 
lead to rupture of the rod-eye ends, which could result in fuel and 
hydraulic pipe chafing, consequent fuel or hydraulic leakage, and 
possible fire. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0177R1 specifies procedures for repetitive detailed 
inspections for damage (including hole damage, a crack, or an abnormal 
deformation) of the left- and right-hand pylon/engine interface rod 
ends of the rod attachment fittings, and the interface plate and upper 
support brackets, measurement of the play/gap of the pylon/engine 
interface upper and lower rod ends, and applicable corrective actions 
including rod replacement. EASA AD 2021-0177R1 also provides for 
limited installation of affected parts under certain conditions. This 
material is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are 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 these same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2021-0177R1 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 2021-0177R1 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2021-0177R1 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 2021-0177R1 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 2021-0177R1. Service information required by EASA AD 2021-
0177R1 for compliance will be available at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0950 after this AD is 
published.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking then.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because rupture of the rod-eye ends could result in fuel and hydraulic 
pipe chafing, consequent fuel or hydraulic leakage, and possible fire. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Regulatory Flexibility Act (RFA)

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

[[Page 61675]]

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 *
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            Labor cost                Parts cost           Cost per product           Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 6 work-hours x $85 per hour               $0  Up to $510...................  Up to $104,040.
 = Up to $510.
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* Table does not include estimated costs for reporting.

    The FAA estimates that it takes about 1 work-hour per product to 
comply with the initial reporting requirement in this AD. The average 
labor rate is $85 per hour. Based on these figures, the FAA estimates 
the cost of reporting the initial inspection results to be $17,340 for 
U.S. operators, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required or alternative actions. The FAA has no way of determining the 
number of aircraft that might need these on-condition actions:

                                  Estimated Costs of On-Condition Replacements
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                                Labor cost                                      Parts cost      Cost per product
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680........................................                $0               $680
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    The FAA estimates that it would take 1 work-hour per product to 
comply with the on-condition reporting requirement in this AD. The 
average labor rate is $85 per hour. Based on these figures, the FAA 
estimates the cost of reporting subsequent positive inspection results 
to be $85 per product for U.S. operators.
    The FAA has received no definitive data on which to base the cost 
estimates for the other on-condition actions specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to take 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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:
0
a. Removing Airworthiness Directive (AD) 2021-18-08, Amendment 39-21709 
(86 FR 48296, August 30, 2021); and
0
b. Adding the following new AD:

2021-23-05 Airbus SAS: Amendment 39-21803; Docket No. FAA-2021-0950; 
Project Identifier MCAI-2021-01075-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 23, 
2021.

(b) Affected ADs

    This AD replaces AD 2021-18-08, Amendment 39-21709 (86 FR 48296, 
August 30, 2021) (AD 2021-18-08).

[[Page 61676]]

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic 
power.

(e) Unsafe Condition

    This AD was prompted by a report of damage found at the rod-eye 
ends of two original rods installed to maintain an interface plate 
between the pylon and nacelle, and the need to clarify certain 
existing requirements from AD 2021-18-08. The FAA is issuing this AD 
to address damage that could lead to rupture of the rod-eye ends, 
which could result in fuel and hydraulic pipe chafing, consequent 
fuel or hydraulic leakage, and possible fire.

(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 
2021-0177R1, dated September 21, 2021 (EASA AD 2021-0177R1).

(h) Exceptions to EASA AD 2021-0177R1

    (1) Where EASA AD 2021-0177R1 refers to ``06 August 2021 [the 
effective date of the original issue of this AD],'' this AD requires 
using September 14, 2021 (the effective date of AD 2021-18-08).
    (2) Where EASA AD 2021-0177R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Paragraph (4) of EASA AD 2021-0177R1 specifies to ``contact 
Airbus for approved instructions and, within the compliance time(s) 
specified in those instructions, accomplish those instructions 
accordingly'' as an alternative corrective action if a defect is 
detected during inspection of an updated rod. As of the effective 
date of this AD, however, for that alternative, this AD requires 
repair of the defect before further flight 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.
    (4) The ``Remarks'' section of EASA AD 2021-0177R1 does not 
apply to this AD.

(i) Clarification of EASA AD 2021-0177R1

    Paragraph (8) of EASA AD 2021-0177R1 allows installation of an 
affected part if it is serviceable and inspected within 750 flight 
hours after installation. The Definitions section of EASA AD 2021-
0177R1 requires that a serviceable affected part pass an inspection 
before the next flight after installation. Therefore, this AD allows 
installation of an affected serviceable part after the effective 
date of this AD if it is inspected before further flight after 
installation and 750 flight hours thereafter. All other provisions 
of paragraph (8) and Note 2 of EASA AD 2021-0177R1 apply to this AD, 
including the repetitive inspection of that part as required by 
paragraph (1) or (2) of EASA AD 2021-0177R1.

(j) 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 (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, FAA, International 
Validation Branch, 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 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 2021-0177R1, 
dated September 21, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0177R1, 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 at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0950.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-24447 Filed 11-4-21; 11:15 am]
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