Federal Register - August 24, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations 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 20200219.
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 FAAs response to each comment.
Support for the NPRM
The Air Line Pilots Association, International ALPA supported the NPRM.
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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 20202216, Amendment 3921312
85 FR 70439, November 5, 2020 AD
20202216 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 20200067, dated April 6, 2020.
The FAA does not agree that paragraph k of AD 20202216 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 20202216, 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
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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 Deltas 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 20210108, 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
20210108 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
20202216 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:
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.
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Related Service Information Under 1
CFR Part 51
EASA AD 20200219 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 workhours 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 fleets, 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 workhours $85 per work-hour.
Authority for This Rulemaking Title 49 of the United States Code specifies the FAAs 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 Agencys 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:
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