[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Rules and Regulations]
[Pages 17497-17499]
[FR Doc No: 2021-06897]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0982; Project Identifier MCAI-2020-01037-T;
Amendment 39-21478; AD 2021-07-01]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A318, A319, A320, and A321 series airplanes. This AD
was prompted by a report that the oil used to protect the nose landing
gear (NLG) main fittings for transportation and storage was not removed
before final heat treatment of the affected parts, possibly generating
sub-surface cavities during heat treatment of the affected parts. This
AD requires replacing each affected NLG main fitting with a serviceable
part, as specified in a European Union Aviation Safety Agency (EASA),
which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective May 10, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 10,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0982.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0982; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0165, dated July 23, 2020 (EASA
AD 2020-0165) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A318, A319, and A321 series airplanes and
Model A320-211, -212, -214, -215, -216, -231, -232, -233, -251N, -252N,
-253N, -271N, -272N, and -273N airplanes. Model A320-215 airplanes are
not certificated by the FAA and are not included on the U.S. type
certificate data sheet; this AD therefore does not include those
airplanes in the applicability.
    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
A318, A319, A320, and A321 series airplanes. The NPRM published in the
Federal Register on November 5, 2020 (85 FR 70523). The NPRM was
prompted by a report that the oil used to protect the NLG main fittings
for transportation and storage was not removed before final heat
treatment of the affected parts, possibly generating sub-surface
cavities during heat treatment of the affected parts. The NPRM proposed
to require replacing each affected NLG main fitting with a serviceable
part, as specified in EASA AD 2020-0165.
    The FAA is issuing this AD to address possible sub-surface cavities
in the NLG main fittings, which could cause detrimental impact on
fatigue performance and affect the structural integrity of the NLG. See
the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) indicated its
support for the NPRM.

Explanation of Typographical Error

    A typographical error in paragraph (c)(3) of the proposed AD was
introduced during the publication process. This AD corrects that
typographical error. Paragraph (c)(3) of the proposed AD specified
Model A320-251 airplanes, however the correct Model designation is
Model A320-251N airplanes. The Summary and Discussion sections of the
proposed AD, along with the incorporated by reference document,
correctly identified the affected airplanes. The FAA has revised
paragraph (c)(3) of this AD accordingly.

Request To Revise the Costs of Compliance Section

    An individual commenter recommended that the FAA expand on the
estimated cost analysis by providing more support for labor costs and
quantifying the parts cost. The commenter stated that the overall cost
estimate seemed low, and noted that no parts cost estimate was included
in the NPRM. The commenter suggested that the FAA could provide a
breakdown of how the labor hours were calculated, as well as a parts
cost estimate. The

commenter noted that landing gears on Airbus airplanes are expensive,
and provided a link to a document with information on the cost of main
landing gears on Airbus products. The individual commenter also
recommended that the FAA provide a brief quantitative benefit analysis.
The commenter stated that a benefit analysis would bolster the
proposition that the FAA is following statutory text, but acknowledged
that consideration of the benefits might not be required since the
proposed AD corrects an unsafe condition. The commenter stated that
these recommendations will help prevent this rulemaking from being
considered arbitrary.
    The FAA agrees to clarify the labor and parts cost estimate. The
manufacturer determines labor cost estimates and provides a breakdown
of those costs in Airbus Mandatory Service Bulletin A320-32-1492, dated
November 25, 2019; and Airbus Mandatory Service Bulletin A320-32-1493,
dated November 25, 2019. This service information is available in the
AD docket. The 8 work-hours specified in this final rule matches the
manufacturer's estimate. In regards to parts cost, the document that
the commenter referred to includes information on the cost of main
landing gears (not nose landing gears). The replacement part specified
in this AD is a main fitting associated with the nose landing gear, and
not the entire nose landing gear assembly. The FAA has received new
parts cost information and has updated the parts cost for the main
fitting. In addition, as noted in the NPRM, some or all of the costs
may be covered under warranty, but the FAA does not control warranty
coverage and has therefore included all known costs in the estimate.
    As for the request that the FAA conduct a ``benefit analysis'' of
the AD, as a matter of law, in order to be airworthy, an aircraft must
conform to its type design and be in a condition for safe operation.
The type design is approved only after the FAA determines that it
complies with all applicable airworthiness requirements. In adopting
and maintaining those requirements, the FAA has already determined that
those requirements establish a level of safety that is cost beneficial.
If the FAA later makes a finding of an unsafe condition in an aircraft
and issues an AD to address that unsafe condition, that means the
original cost-benefit level of safety is no longer being achieved and
that the required AD actions are necessary to restore that level of
safety. Because this level of safety has already been determined to be
cost beneficial, and because the AD does not add an additional
regulatory requirement that increases the level of safety beyond the
level established by the type design, a full cost-benefit analysis for
each AD would be redundant and unnecessary. The FAA has not changed
this AD in this regard.

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 with the change described previously
and minor editorial changes. The FAA has 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 Service Information Under 1 CFR Part 51

    EASA AD 2020-0165 describes procedures for replacing each NLG main
fitting having a certain part number and serial number 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 15 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
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680...........................      $82,215.49       $82,895.49    $1,243,432.35
----------------------------------------------------------------------------------------------------------------

    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.

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.

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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2021-07-01 Airbus SAS: Amendment 39-21478; Docket No. FAA-2020-0982;
Project Identifier MCAI-2020-01037-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 10, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any
category, as identified in paragraphs (c)(1) through (4) of this AD.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX,
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by a report that the oil used to protect
the nose landing gear (NLG) main fittings for transportation and
storage was not removed before final heat treatment of the affected
parts, possibly generating sub-surface cavities during heat
treatment of the affected parts. The FAA is issuing this AD to
address possible sub-surface cavities in the NLG main fittings,
which could cause detrimental impact on fatigue performance and
affect the structural integrity of the NLG.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0165, dated July 23, 2020 (EASA AD 2020-0165).

(h) Exceptions to EASA AD 2020-0165

    (1) Where EASA AD 2020-0165 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0165 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0165
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0165,
dated July 23, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0165, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0982.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 16, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-06897 Filed 4-2-21; 8:45 am]
BILLING CODE 4910-13-P


"Grahame, Thomas"<EMAIL_ADDRESS>
05/01/2006 06:00 PM

To

Bill Wehrum/DC/USEPA/US@EPA

cc

Jason Burnett/DC/USEPA/US@EPA, "Daniels, Jarad"
<EMAIL_ADDRESS>"Rudins, George"<EMAIL_ADDRESS>
Subject

comments from DOE on proposed NAAQS for Particulate Matter

Dear Mr. Wehrum:

The Department of Energy is pleased to have the opportunity to submit
comments for EPA’s consideration on the January 17, 2006 National
Ambient Air Quality Standard for Particulate Matter Proposed Rule.  In
providing them, we have attempted to address the major questions about
which the Administrator requested information and analysis in the
Proposed Rule.  These comments:  (1) assess the newest methodologies
used in studying health effects of particulate matter; (2) analyze well
over 100 studies from different disciplines, including many very recent
ones, to prepare a coherent analysis of the toxicity of different types
or sources of particles; (3) summarize the health impacts of the major
sources of fine particles in the air today, in separate sections; and,
(4) address specific studies mentioned in the Proposed Rule.

DOE staff has prepared approximately 220 pages of comments (attached),
which represent the culmination of four years of analysis, work which
produced several previous comments on drafts of the Criteria Document
and of the Staff Paper, as well as two papers published in professional
journals in 2004 and 2005.  These two papers are among the list of 181
new studies, published since the April, 2002 cutoff date for new
studies, which was sent by EPA Administrator Stephen L. Johnson to
Senator James Imhofe at the Senator’s request (letter of November 29,
2005).  DOE staff has also found an additional 59 new studies with
information bearing on the proposed rule, which have already been
provided to EPA staff.

Attached below are the Table of Contents to the eight sections of the
comments, and the sections themselves.  Sections I, II, and III discuss
how one might look at some of the new literature since the cutoff date
for new studies. Section IV has seven separate subsections, five of
which address specific types or sources of fine PM.  Section V examines
some of the studies critical to the development of the two proposed fine
PM standards.  Section VI addresses coarse PM, and Section VII focuses
on new science helpful in answering the question, “What will happen if
certain types of fine PM are reduced in ambient air?”  The last
attachment is Section VIII, the Summary.

Thank you for the opportunity to provide comments on the Proposed Rule.

Thomas J. Grahame

Thomas J. Grahame

U.S. Department of Energy

1000 Independence Ave., SW

Washington, DC 20585

202 586 7149 (voice)

202 586 7085 (fax)

  <<TABLE OF CONTENTS.doc>>        <<PM comments -- Sections I, II, and
III.doc>>   <<PM comments -- Strengths and Weaknesses of Source
Apportionment by Receptor Modelling and Factor Analysis.doc>> <<PM
comments -- Vehicular emissions and roadside dust.doc>>   <<PM Comments
-- Industrial PM emissions -- SECTION IV C.doc>>     <<PM comments --
RESIDUAL OIL -- Section IV D.doc>>

<<PM comments -- SECONDARY SULFATES AND SOA .doc>>     <<PM comments --
Metals .doc>>   <<PM comments -- Recent studies with contrary
findings.doc>>    <<PM comments -- EXAMINATION OF STUDIES CRITICAL TO
PROPOSED FINE PM PROPOSED RULE.doc>>   <<PM comments -- Coarse PM.doc>>

<<PM comments -- what happens if PM types are reduced.doc>>     <<PM
comments -- Summary of PM findings (5).doc>>