Background \n\n\n\tEASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2021-0071, dated March 12, 2021 (EASA AD 2021-0071) (also referred to as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for all Airbus SAS Model A330-323, -342, and -343 airplanes. \n\n((Page 18181)) \n\n\n\tThis AD was prompted by the discovery of an erroneous value in some airplane data files used for AFM performance computations. This erroneous value could result in the generation of an incorrect displacement drag in the take-off, accelerate-stop, and landing distance computations for particular situations. The FAA is issuing this AD to prevent these errors, which, in combination with one engine inoperative at takeoff, and with more than 50 mm dry snow at an airport within an AFM altitude between 8,000 and 12,500 feet, could lead to substantially reduced performance of the airplane and possible runway overrun, and consequent damage to the airplane and injury to occupants. See the MCAI for additional background information. \n\nRelated Service Information Under 1 CFR Part 51 \n\n\n\tEASA AD 2021-0071 specifies procedures for revising the existing AFM and applicable corresponding operational procedures to include a certification package with the corrected complementary performance data file incorporated into the performance database section. 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. \n\nFAA's Determination \n\n\n\tThis product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to the FAA's bilateral agreement with the State of Design Authority, the FAA has been notified of the unsafe condition described in the MCAI referenced above. The FAA is issuing this AD because the FAA evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. \n\nRequirements of This AD \n\n\n\tThis AD requires accomplishing the actions specified in EASA AD 2021-0071 described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD. \n\tEASA AD 2021-0071 requires operators to ''inform all flight crews'' of revisions of the existing AFM, and thereafter to ''operate the aeroplane accordingly.'' However, this AD would not specifically require those actions as those actions are already required by FAA regulations. FAA regulations require operators to inform pilots of any changes to the existing AFM (e.g., 14 CFR 121.137(a)(1)), and to ensure that pilots are familiar with the existing AFM (e.g., 14 CFR 91.505). As with any other training requirement, training on the updated AFM content is tracked by the operatorsand recorded in each pilot's training record, which is available for the FAA to review. FAA regulations also require pilots to follow the procedures in the existing AFM including all updates. 14 CFR 91.9 requires that any person operating a civil aircraft comply with the operating limitations specified in the existing AFM. Therefore, including a requirement in this AD to operate the airplane according to the revised AFM would be redundant and unnecessary. Further, compliance with such a requirement in an AD would be impracticable to demonstrate or track on an ongoing basis; therefore, a requirement to operate the airplane in such a manner would be unenforceable. \n\nExplanation of Required Compliance Information \n\n\n\tIn the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA initially worked with Airbus and EASA to develop a process to use certain EASA ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has since coordinated with other manufacturers and civil aviation authorities (CAAs) to use this process. As a result, EASA AD 2021-0071 is incorporated by reference in this final rule. This AD, therefore, requires compliance with EASA AD 2021-0071 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 the EASA AD 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 the EASA AD. Service information specified in EASA AD 2021-0071 that is required for compliance with EASA AD 2021-0071 is available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021- 0266. \n\nJustification for Immediate Adoption and Determination of the Effective Date \n\n\n\tSection 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. \n\tAn 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 forgoing notice and comment prior to adoption of this rule because an erroneous value in some airplane data files used for AFM performance computations could result in the generation of an incorrect displacement drag, and under certain conditions could lead to substantially reduced performance of the airplane and possible runway overrun, and 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. 553(b)(3)(B). \n\tIn 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 forgo notice and comment. \n\nComments Invited \n\n\n\tThe FAA invites you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under ADDRESSES. Include ''Docket No. FAA-2021-0266; Project Identifier MCAI- 2021-00320-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. \n\tExcept 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. \n\n((Page 18182)) \n\nConfidential Business Information \n\n\n\tCBI 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 Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; email Vladimir.Ulyanov@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. \n\nRegulatory Flexibility Act (RFA) \n\n\n\tThe 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. \n\nCosts of Compliance \n\n\n\tThe FAA estimates that this AD affects 33 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: \n\n\n\tEstimated Costs for Required Actions ---------------------------------------------------------------------------------------------------------------- \n\tCost per Cost on U.S. \n\tLabor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- 5 work-hours x $85 per hour = $425........................... $0 $425 $14,025 ---------------------------------------------------------------------------------------------------------------- \n\nAuthority for This Rulemaking \n\n\n\tTitle 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describesthe authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority. \n\tThe 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. \n\nRegulatory Findings \n\n\n\tThe FAA determined that 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a ''significant regulatory action'' under Executive Order 12866, and \n\t(2) Will not affect intrastate aviation in Alaska. \n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.