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Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations
civil aircraft must comply with the operating limitations specified in the AFM.
Explanation of Required Compliance Information In the FAAs 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 20210210
is incorporated by reference in this AD.
This AD requires compliance with EASA AD 20210210 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 20210210 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 Actions and Compliance Times in EASA AD 20210210.
Service information required by EASA

AD 20210210 for compliance will be available at https www.regulations.gov by searching for and locating Docket No.
FAA20210876 after this AD is published.
FAAs Justification and Determination of the Effective Date Section 553b3B 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 553d 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 incorrect take-off computations for crosswinds above 20
knots could result in substantially
reduced take-off performance in those conditions, possibly resulting in a runway overrun, in the event of continued takeoff following an engine failure or rejected takeoff, with consequent damage to the airplane and injury to occupants. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5
U.S.C. 553b3B.
In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553d 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.
Costs of Compliance The FAA estimates that this AD
affects 11 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:

jspears on DSK121TN23PROD with RULES1

ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per product
Cost on U.S.
operators
1 work-hour $85 per hour = $85

$0

$85

$935

Authority for This Rulemaking
Regulatory Findings
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.

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.

VerDate Sep<11>2014

16:35 Oct 15, 2021

Jkt 256001

List of Subjects in 14 CFR Part 39

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 adding the following new airworthiness directive:

20212107 Airbus SAS: Amendment 39
21767; Docket No. FAA20210876;
Project Identifier MCAI202101031T.

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

a Effective Date
The Amendment
b Affected ADs
Accordingly, under the authority delegated to me by the Administrator,
PO 00000

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Fmt 4700

Sfmt 4700

This airworthiness directive AD is effective November 2, 2021.
None.

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