Discussion
The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2018-0256, dated November 28, 2018 (``EASA AD 2018-0256'') (also referred to as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Airbus SAS Model A320-214, A320-232, A320-233, A321-211 and A321-231 airplanes. The MCAI states:
During acceptance test of a RAT actuator P/N [part number] 764711C at the manufacturer's facility, it failed to extend. Investigation results revealed that the actuator outer cylinder had not been properly de-burred in accordance with the manufacturing specifications. This caused blockage of the hydraulic circuit by metallic parts, preventing the RAT from extending.
This condition, if not corrected, could lead to failure of RAT deployment when required, possibly resulting in reduced control of the aeroplane.
To address this potential unsafe condition, Airbus issued the SB [Airbus Service Bulletin A320-29-1175, Revision 01, dated February 16, 2018], identifying the affected parts and providing instructions for replacement, and Hamilton Sundstrand, manufacturer of the RAT actuator, issued the repair SB [UTC
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Aerospace Systems Service Bulletin ERPS08A-29-6, dated August 29, 2016] providing instructions for repair and reidentification.
For the reasons described above, this [EASA] AD requires replacement of the affected parts with serviceable parts.
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0256 describes procedures for replacing affected RAT actuators with serviceable RAT actuators. 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, and it is publicly available through the EASA website.
FAA's Determination
This product has been approved bythe aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI referenced above. We are issuing this AD because we 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.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD 2018-0256 described previously. This AD also requires sending the inspection results to Airbus SAS.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA 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. As a result, EASA AD 2018-0256 will be incorporated by reference in the FAA final rule. This AD would, therefore, require compliance with the provisions specified in EASA AD 2018-0256, except for any differences identified as exceptions in the regulatory text of this AD. Service information specified in EASA AD 2018-0256 that is required for compliance with EASA AD 2018-0256 will be available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018- 1065 after the FAA final rule is published.
FAA's Justification and Determination of the Effective Date
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 waiving notice and comment prior to adoption of this rule because failure to deploy the RAT during certain emergency conditions for generation of hydraulic or electrical power may result in reduced control of the airplane. Therefore, we find good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reasons stated above, we find that good cause exists for making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2018-1065; Product Identifier 2018-NM-170-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.
Costs of Compliance
We estimate that this AD affects 7 airplanes of U.S. registry. We estimate 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 ---------------------------------------------------------------------------------------------------------------- 11 work-hours x $85 per hour = $935.......................... $0 $935 $6,545 ----------------------------------------------------------------------------------------------------------------
Estimated Costs of On-Condition Actions * ------------------------------------------------------------------------
Cost per
Labor cost Parts cost product ------------------------------------------------------------------------ 17 work-hours x $85 per hour = $1,445. $0 $1,445 ------------------------------------------------------------------------
* Table does not include estimated costs for reporting.
We estimate that it would take about 1 work-hour per product to comply with the on-condition reporting requirement in this AD. The average labor rate is $85 per hour. Based on these figures, we estimate the cost of reporting the replacement on U.S. operators to be $85 per product.
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. We do not control warranty coverage for affected individuals. As a result, we have included all known costs in our cost estimate.
Paperwork Reduction Act
A federal agency may not conductor 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
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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 FAA at 800 Independence Ave. SW, Washington, DC 20591, ATTN: Information Collection Clearance Officer, AES-200.
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.
We are 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
We 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.
For the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order 12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. 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.