AD 2020-14-08

[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Rules and Regulations]
[Pages 44464-44467]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-15816]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0578; Project Identifier MCAI-2020-00889-T; 
Amendment 39-21162; AD 2020-14-08]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A318 series airplanes, Model A319 series airplanes, 
Model A320 series airplanes, and Model A321 series airplanes. This AD 
was prompted by reports of main landing gear (MLG) torque link apex pin 
rupture in service. This AD requires replacement of certain MLG torque 
link apex pins and, for certain other pins, a one-time magnetic 
particle inspection (MPI) for cracking, and replacement if necessary, 
as specified in a European Union Aviation Safety Agency (EASA) AD 2020-
0130, which is incorporated by reference. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD becomes effective August 7, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 7, 
2020.
    The FAA must receive comments on this AD by September 8, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For EASA material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 89990 1000; email <a href="/cdn-cgi/l/email-protection#07464374476266746629627275687766296272"><span class="__cf_email__" data-cfemail="6f2e2b1c2f0a0e1c0e410a1a1d001f0e410a1a">[email&#160;protected]</span></a>; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 206-231-3195. It is also available in 
the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2020-0578.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2020-
0578; or in person at Docket Operations

[[Page 44465]]

between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, any comments received, and 
other information. The street address for Docket Operations is listed 
above. Comments will be available in the AD docket shortly after 
receipt.

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 206-231-3223; 
email <a href="/cdn-cgi/l/email-protection#91c2f0fffbf0e8bfc3f0fdf9f0ffd1f7f0f0bff6fee7"><span class="__cf_email__" data-cfemail="2d7e4c43474c54037f4c41454c436d4b4c4c034a425b">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0130, dated June 8, 2020 
(``EASA AD 2020-0130'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A318-111, -112, -121, and -122 
airplanes; A319-111, -112, -113, -114, -115, -131, -132, -133, -151N, -
153N, and -171N airplanes; A320-211, -212, -214, -215, -216, -231, -
232, -233, -251N, -252N, -253N, -271N, -272N, and -273N airplanes; and 
A321-111, -112, -131, -211, -212, -213, -231, -232, -251N, -251NX, -
252N, -252NX, -253N, -253NX, -271N, -271NX, -272N and -272NX 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.
    This AD was prompted by reports of MLG torque link apex pin rupture 
in service. The FAA is issuing this AD to address MLG torque link apex 
pin rupture, which could lead to disconnection of MLG torque links, 
possibly resulting in reduced braking efficiency and/or increased risk 
of tire burst during take-off or landing. See the MCAI for additional 
background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0130 describes procedures for replacement of certain 
MLG torque link apex pins with serviceable parts and, for certain other 
pins, a one-time MPI for cracking and, depending on the findings, 
replacement 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.

FAA's Determination

    This product has been approved by the 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, 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.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2020-0130 described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD.

Explanation of Required Compliance Information

    In 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 2020-0130 
is incorporated by reference in this final rule. This AD, therefore, 
requires compliance with EASA AD 2020-0130 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 2020-0130 that is 
required for compliance with EASA AD 2020-0130 is available on the 
internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating 
Docket No. FAA-2020-0578.

Clarification of Parts Installation Limitation

    The intent of the ``Parts Installation Limitation'' specified in 
paragraph (j) of this AD is that operators replace parts with good 
parts rather than bad parts. Although the word ``install'' is generally 
considered to be broader than the word ``replace,'' for purposes of 
this AD it should be interpreted as meaning ``replace'' while remaining 
within the spirit and intent of the AD. Therefore, simply reinstalling 
the same part during maintenance activities is acceptable for 
compliance with the requirements specified in paragraph (j) of this AD 
for that reinstallation.

Justification For Immediate Adoption and Determination of the Effective 
Date

    Section 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.
    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 the MLG torque link apex pin rupture could lead to 
disconnection of MLG torque links, possibly resulting in reduced 
braking efficiency and/or increased risk of tire burst during take-off 
or landing. In addition, the compliance time for the required action is 
shorter than the time necessary for the public to comment and for 
publication of the final rule. Therefore this rule must be issued 
immediately, to ensure the safety of the flightcrews conducting such 
flights. 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).
    In 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.

Comments Invited

    The FAA invites 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-2020-0578; Project 
Identifier MCAI-2020-00889-T'' at the beginning of your comments. The 
most helpful comments reference a specific portion of

[[Page 44466]]

the proposal, 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 AD based on those comments.
    Except 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 the FAA receives, without change, 
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact the FAA receives about this AD.

Confidential Business Information

    CBI 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 Sanjay 
Ralhan, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3223; email <a href="/cdn-cgi/l/email-protection#6b380a05010a1245390a07030a052b0d0a0a450c041d"><span class="__cf_email__" data-cfemail="d98ab8b7b3b8a0f78bb8b5b1b8b799bfb8b8f7beb6af">[email&#160;protected]</span></a>. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Regulatory Flexibility Act (RFA)

    The 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.

Costs of Compliance

    The FAA estimates that this AD affects 1,630 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                              Cost per
               Labor cost                   Parts cost        product             Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
12 work-hours x $85 per hour = $1,020..              $0           $1,020   Up to $1,662,600.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable us to 
provide cost estimates for the inspection and repair specified in 
paragraph (h)(5) of this AD.

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

    The 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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 (AD):

2020-14-08 Airbus SAS: Amendment 39-21162; Docket No. FAA-2020-0578; 
Project Identifier MCAI-2020-00889-T.

(a) Effective Date

    This AD becomes effective August 7, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category.
    (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, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, 
and -272NX airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of main landing gear (MLG) 
torque link apex pin rupture in service. The FAA is issuing this AD 
to address MLG torque link apex pin rupture, which could lead to 
disconnection of MLG torque links, possibly resulting in reduced 
braking efficiency and/or increased risk of tire burst during take-
off or landing.

(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

[[Page 44467]]

compliance times specified in, and in accordance with, EASA AD 2020-
0130.

(h) Exceptions to EASA AD 2020-0130

    (1) Where EASA AD 2020-0130 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0130 does not apply 
to this AD.
    (3) Where paragraph (3) of EASA AD 2020-0130 specifies a parts 
installation limitation, for this AD, comply with paragraph (j) of 
this AD.
    (4) Where EASA AD 2020-0130 specifies to comply with ``the 
instructions of the AOT,'' this AD requires compliance with the 
procedures marked as ``RC'' (required for compliance) in the Alert 
Operators Transmission (AOT).
    (5) Where step 3.B.(3) of the service information specified in 
EASA AD 2020-0130 states to do an inspection of the component 
interfaces and the adjacent area, if any damage (not in the correct 
condition) is found by the inspection, this AD requires repair using 
a method approved in accordance with the procedures specified in 
paragraph (k)(2) of this AD.
    (6) The table header on the first page of Appendix 4 of the 
service information specified in EASA AD 2020-0130 is not aligned 
with the proper columns. The left-hand column is the part number of 
the affected MLG torque link apex pin, the center column is the 
serial number, and the right-hand column is the airplane's 
manufacturer serial number.

(i) No Reporting or Returning Parts Requirements

    Although the service information referenced in EASA AD 2020-0130 
specifies to submit certain information and return affected parts to 
the manufacturer, this AD does not include those requirements.

(j) Parts Installation Limitation

    As of the effective date of this AD, no person may install an 
affected part as defined in EASA AD 2020-0130 on any airplane unless 
that part meets the criteria of a serviceable part as specified in 
EASA AD 2020-0130.

(k) 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 local Flight 
Standards District 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 (l) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#6c55412d2221415d5d5a412d21232f413e293d39293f383f2c0a0d0d420b031a"><span class="__cf_email__" data-cfemail="9fa6b2ded1d2b2aeaea9b2ded2d0dcb2cddacecadacccbccdff9fefeb1f8f0e9">[email&#160;protected]</span></a>. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district 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): For service information that 
contains steps that are labeled as ``RC'' (required for compliance), 
the provisions of paragraphs (k)(3)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD.
    (ii) Steps not labeled 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 RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(l) 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 206-231-3223; email <a href="/cdn-cgi/l/email-protection#c794a6a9ada6bee995a6abafa6a987a1a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="164577787c776f3844777a7e77785670777738717960">[email&#160;protected]</span></a>.

(m) 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 2020-0130, 
dated June 8, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0130, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email <a href="/cdn-cgi/l/email-protection#3372774073565240521d5646415c43521d5646"><span class="__cf_email__" data-cfemail="3574714675505446541b5040475a45541b5040">[email&#160;protected]</span></a>; internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
    (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 206-231-3195. This material may be found in the AD 
docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2020-0578.
    (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 
<a href="/cdn-cgi/l/email-protection#b7d1d2d3c5d2d099dbd2d0d6dbf7d9d6c5d699d0d8c1"><span class="__cf_email__" data-cfemail="f89e9d9c8a9d9fd6949d9f9994b896998a99d69f978e">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on July 2, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-15816 Filed 7-22-20; 8:45 am]
BILLING CODE 4910-13-P