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48486

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
develop in nearby areas of the fuselage frame and that additional airplanes are subject to the unsafe condition. The NPRM proposed to require new repetitive inspections at the LH and RH
sides of the fuselage skin at certain frames for any cracking, and repair if necessary, as specified in EASA AD
20200280.
The FAA is issuing this AD to address cracking of the pocket radius, which could lead to in-flight decompression of the airplane and possible injury to the passengers. 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
United Airlines indicated its support for the NPRM.
Request To Use a Certain Approval Forms Delta Air Lines DAL requested that paragraph h3 of the proposed AD
reference both the Repair and Design Approval Form RDAF and the Airbus Repair Design Approval Sheet RDAS.

DAL stated that Airbus has entered into service the RDAF which supersedes the RDAS. DAL commented that if the proposed AD does not reflect this change, operators may be required to obtain an alternative method of compliance AMOC in order to use the RDAF to comply with the requirements specified in paragraph h3 of the proposed AD.
The FAA disagrees with the commenters request. The exception in paragraph h3 removes any need to reference the RDAS or the RDAF.
Instead, the specific reference to a specific repair instructions document is replaced with repair instructions approved, and within the compliance time specified in the repair approval, using a method approved by the Manager, Large Aircraft Section, International Validation Branch, FAA;
or EASA; or Airbus SASs EASA Design Organization Approval DOA. The RDAS and the RDAF are within the provision to use a method approved by Airbus SASs EASA DOA. The FAA has not changed this AD in this regard.
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.
Related Service Information Under 1
CFR Part 51
EASA AD 20200280 describes procedures for doing repetitive external general visual inspections or special detailed inspections i.e., phased array ultrasonic technology inspections of the external skin, or detailed inspections for primer/paint cracks and high frequency eddy current inspections of the internal skin at the LH and RH sides of the fuselage skin, above stringer 6 from FR35 to FR47, for any cracking, and repair if necessary. 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 439 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Retained actions from AD 20171213
Repetitive inspections new actions

3 work-hours $85 per hour = $255
Up to 30 work-hours $85 per hour =
Up to $2,550.

The FAA has received no definitive data on which to base the cost estimates for the repairs specified in this AD.

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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.

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Parts cost $0
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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 3 Will not have a significant economic impact, positive or negative,
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Cost per product $255
Up to $2,550

Cost on U.S.
operators $111,945.
Up to $1,119,450.

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

Authority: 49 U.S.C. 106g, 40113, 44701.
39.13

Amended
2. The FAA amends 39.13 by:

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