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Federal Register / Vol. 86, No. 221 / Friday, November 19, 2021 / Rules and Regulations for demonstration of compliance with Paragraph 5 of EASA AD 20200174, the part serial number does not need to be positively identified, provided that it can be determined that the part is serviceable using the definition provided in EASA AD 20200174. DAL
mentioned that the service information specified in EASA AD 20200174 does not contain part numbers for suspected parts, and instead the only part numbers within the service information appendices are the part numbers of potentially discrepant structural parts, which on Model A321 airplanes are not serialized. DAL pointed out that verbatim application of the service information might cause improper evaluation of parts for applicability of the suspected part definition. DAL
continued to point out that the service information conflicts with EASA AD
20200174, and that EASA AD 2020
0174 bounds the suspected outer flap tab population by outer flap tab serial number in Appendix 2 of EASA AD
20200174. DAL then pointed out that verbatim application of the service information on Model A321 airplanes could introduce the possibility that the inspection of an outer flap tab with
potentially discrepant internal structure is not completed.
The FAA does not agree to include the requested exception. This AD
requires EASA AD 20200174, which is based on the configuration of an airplane at the time of delivery. As specified in EASA AD 20200174, if a serial number cannot be identified, then that part is defined as a suspected part.
EASA AD 20200174 takes precedence over any instructions specified in the service information it references.
Therefore, operators can comply with the requirements of this AD. However, once this AD is published, any person may present sufficient data and rationale and request approval of an AMOC under the provisions of paragraph i1 of this AD. The FAA has not changed this AD regarding this issue.
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:

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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 20200174 describes procedures for a one-time eddy current conductivity measurement of certain structural parts of the outer flaps to determine if the incorrect alloy was used, and replacement if necessary; and a one-time eddy current conductivity measurement of certain other structural parts of the outer flaps to determine if the parts were properly heat treated, and replacement 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 63 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 2019-21-10
New actions

6 work-hours $85 per hour = $510
5 work-hours $85 per hour = $425

Cost per product
Parts cost $0
0

$510
425

Cost on U.S.
operators $32,130
26,775

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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 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 inspection results on U.S. operators to be $5,355, or $85 per product.
The FAA has received no definitive data on which to base the cost estimates for the on-condition replacement 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 the cost estimate.
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 penalty for failure to comply with a collection of information subject to the
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requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this AD is 21200056. The paperwork cost associated with this AD
has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information.
Therefore, all reporting associated with this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the Information Collection Clearance Officer, Federal Aviation Administration, 10101
Hillwood Parkway, Fort Worth, TX
761771524.
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
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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
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