Discussion
The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2019-0012, dated January 24, 2019 (``EASA AD 2019-0012'') (also referred to as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for all Airbus SAS Model A321-111, -112, -131, -211, -212, - 213, -231, and -232 airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus SAS Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. The NPRM published in the Federal Register on June 7, 2019 (84 FR 26598). The NPRM was prompted by a quality control review, which determined that the wrong aluminum alloy was used to manufacture several structural parts. The NPRM proposed to require 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.
The FAA is issuing this AD to address structural parts made of incorrect aluminum alloy, which could result in reduced structural integrity of the outer flaps and reduced controllability of the airplane. See the MCAI for additional background information.
Explanation of Change to Format of Paragraph Designation References
The FAA has revised the format used for referring to paragraph designations throughout this AD. This change is necessary to meet Office of the Federal Register's drafting requirements. For example, where the FAA used to say paragraphs (g)(1) and (g)(2) of this AD, the FAA now says paragraphs (g)(1) and (2) of this AD. This change does not affect the requirements of this AD.
Comment
The FAA gave the public the opportunity to participate in developing this final rule. The following presents the comment received on the NPRM and the FAA's response.
Request To Revise Reporting RequirementAmerican Airlines requested that paragraph (h) of the proposed AD be changed so operators would be required to report only positive findings. The commenter stated that negative findings are not value added and only serve to add unnecessary work for operators. In addition, the commenter requested that the compliance time for reporting findings be extended from 30 days after the inspection to 90 days after the inspection. The commenter remarked that it creates an undue burden for operators to report inspection results within 30 days after an inspection.
The FAA partially agrees with the commenter's request. The FAA agrees to extend the compliance time in paragraph (h)(4)(ii) of this AD, which applies to inspections done before the effective date of this AD. This extension will provide flexibility to operators who have done the inspections required by this AD, but have not completed an inspection report. However, the FAA does not agree to change the compliance time in paragraph (h)(4)(i) of this AD, which applies to inspections done on or after the effective date of this AD, because the service information referenced in EASA AD 2019-0012 requires reporting within 30 days after the inspection is done. If the inspection was done on or after the effective date of this AD an operator must submit the report within 30 days after the inspection. If the inspection was done before the effective date of this AD, an operator must submit the report within 90 days after the effective date of this AD.
The FAA does not agree with the commenter's request to require that only positive findings be reported. Airbus uses the information from all findings, both positive and negative, to plan and provide corrective actions for the unsafe condition identified in this AD. The FAA has not revised this AD in regard to this issue.
Conclusion
The FAA reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this final rule with the changes described previously and minor editorial changes. The FAA 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.
The FAA also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0012 describes procedures for a one-time eddy current conductivity measurement of certain structural parts on the outer flaps to determine if an incorrect aluminum alloy was used, and replacement of any affected part with a serviceable part.
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 29 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions * ----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- 6 work-hours x $85 per hour = $510........................... $0 $510 $14,790 ----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.
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The FAA estimates that it will take about one 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 $2,465, or $85 per product.
The FAA has received no definitive data that will enable the agency to provide cost estimates for the on-condition actions 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 individuals. The FAA does not control warranty coverage for affected individuals. As a result, the agency 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 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 2120- 0056. 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 Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Forth Worth, TX 76177-1524.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's 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 Agency's 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 is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to the Director of the System Oversight Division.
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, 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.