AD 2020-26-01

[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Rules and Regulations]
[Pages 82299-82302]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-27975]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1121; Project Identifier MCAI-2020-01546-T; 
Amendment 39-21356; AD 2020-26-01]
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 superseding Airworthiness Directive (AD) 2019-03-
18, which applied to all Airbus SAS Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and 
-133 airplanes; and Model A320-211, -212, -214, -216, -231, -232, and -
233 airplanes. AD 2019-03-18 required repetitive general visual 
inspections for cracks, and replacement if necessary, of certain main 
landing gear (MLG) sliding tubes that were subject to improperly 
performed magnetic particle inspections. This AD continues to require 
repetitive general visual inspections of the affected MLG sliding tubes 
for cracks and replacement if necessary, and requires inspections, and 
replacement if necessary, of additional MLG sliding tubes; as specified 
in a European Union Aviation Safety Agency (EASA) AD, which is 
incorporated by reference. This AD was prompted by the identification 
of additional MLG sliding tubes that might have been subject to the 
same improperly performed magnetic particle inspection. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective January 4, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 4, 
2021.
    The FAA must receive comments on this AD by February 1, 2021.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 
221 8999 000; email <a href="/cdn-cgi/l/email-protection#f0b1b483b095918391de9585829f8091de9585"><span class="__cf_email__" data-cfemail="36777245765357455718534344594657185343">[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-2020-1121.

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-
1121; 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 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.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued AD 2019-03-18, Amendment 39-19570 (84 FR 7804, March 
5, 2019) (AD 2019-03-18), which applied to all Airbus SAS Model A318-
111, -112, -121, and -122 airplanes; Model A319-111, -112, -113, -114, 
-115, -131, -132, and -133 airplanes; and Model A320-211, -212, -214, -
216, -231, -232, and -233 airplanes. AD 2019-03-18 required repetitive 
general visual inspections of the MLG sliding tubes for cracks, and 
replacement if necessary. The FAA issued AD 2019-03-18 to address 
cracks on the MLG sliding tubes, which could cause MLG sliding tube 
fracture, and could result in the MLG collapsing, damage to the 
airplane, and injury to occupants.

Actions Since AD 2019-03-18 Was Issued

    Since the FAA issued AD 2019-03-18, additional MLG sliding tubes 
have been identified that might also have been subject to the same 
improperly performed magnetic particle inspection.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0258, dated November 18, 2020; 
corrected November 19, 2020 (EASA AD 2020-0258) (also referred to as 
the Mandatory Continuing Airworthiness Information, or the MCAI), to 
correct an unsafe condition for all Airbus SAS Model A318-111, A318-
112, A318-121, A318-122, A319-111, A319-112, A319-113, A319-114, A319-
115, A319-131, A319-132, A319-133, A320-211, A320-212, A320-214, A320-
215, A320-216, A320-231, A320-232 and A320-233 airplanes. EASA AD 2020-
0258 supersedes EASA AD 2018-0136, dated June 26, 2018 (which 
corresponds to FAA AD 2019-03-18). 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 cracks found on additional MLG 
sliding tubes that may have been subject to the same improperly 
performed magnetic particle inspection. The FAA is issuing this AD to 
address cracks on the MLG sliding tubes, which could cause MLG sliding 
tube fracture, and could result in the MLG collapsing, damage to the 
airplane, and injury to occupants. See the MCAI for additional 
background information.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2019-03-18, this AD retains certain requirements of AD 2019-03-18. 
Those requirements are referenced in EASA AD 2020-0258, which, in turn, 
is referenced in paragraph (g) of this AD.

Relationship Between This AD and AD 2020-21-09

    EASA AD 2020-0258 notes that EASA AD 2020-0193, dated September 7, 
2020 (EASA AD 2020-0193), requires a one-

[[Page 82300]]

time inspection using the Airbus alert operators transmission 
identified in EASA AD 2020-0258. EASA AD 2020-0193 corresponds to FAA 
AD 2020-21-09, Amendment 39-21282 (85 FR 65200, October 15, 2020; 
corrected October 27, 2020 (85 FR 67965)) (AD 2020-21-09). AD 2020-21-
09 requires a general visual inspection of the MLG sliding tubes for 
cracks, and replacement, if necessary. That AD applies to all Airbus 
SAS Model A318 series airplanes; Model A319 series airplanes; Model 
A320 series airplanes; and Model A321 series airplanes.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0258 describes procedures for repetitive general 
visual inspections of the MLG sliding tubes for cracks, and replacement 
if necessary. EASA AD 2020-0258 also describes terminating actions for 
the repetitive inspections of affected MLG sliding tubes by either 
overhauling an affected MLG sliding tube or replacing an affected MLG 
sliding tube with an MLG sliding tube that is not affected. 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 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 has 
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 
2020-0258 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 2020-0258 
is incorporated by reference in this final rule. This AD, therefore, 
requires compliance with EASA AD 2020-0258 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 2020-0258 that is 
required for compliance with EASA AD 2020-0258 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-2020-1121.

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 cracks on the MLG sliding tubes, if not detected and corrected, 
could lead to MLG sliding tube fracture, resulting in MLG collapse with 
consequent damage to the airplane and injury to occupants. 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, the FAA finds good cause that notice and opportunity 
for prior public comment are impracticable. In addition, for the 
reasons stated above, the FAA finds that good cause exists for making 
this amendment effective in less than 30 days.

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-2020-1121; Project 
Identifier MCAI-2020-01546-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.
    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 received, without change, to 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

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. 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 1,467 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 82301]]



                                      Estimated Costs for Required Actions
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                                                                                                 Cost on U.S.
             Actions                    Labor cost        Parts cost      Cost per product        operators
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Retained actions from AD 2019-03-  Up to 2 work-hours               $0  Up to $170.........  Up to $138,890 (817
 18.                                x $85 per hour =                                          airplanes).
                                    Up to $170.
New actions......................  Up to 2 work-hours                0  Up to $170.........  Up to $249,390
                                    x $85 per hour =                                          (1,467 airplanes).
                                    Up to $170.
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    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                                     Estimated Costs of On-Condition Actions
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                                                                                                     Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
19 work-hours x $85 per hour = $1,615.........................................            $185           $1,800
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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:
0
a. Removing airworthiness directive (AD) 2019-03-18, Amendment 39-19570 
(84 FR 7804, March 5, 2019), and
0
b. Adding the following new AD:

2020-26-01 Airbus SAS: Amendment 39-21356; Docket No. FAA-2020-1121; 
Project Identifier MCAI-2020-01546-T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective January 4, 
2021.

(b) Affected ADs

    This AD replaces AD 2019-03-18, Amendment 39-19570 (84 FR 7804, 
March 5, 2019) (AD 2019-03-18).

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (3) 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, and -133 
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, and -233 
airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracks that were found on 
main landing gear (MLG) sliding tubes after improperly performed 
magnetic particle inspections of the MLG sliding tubes were done. 
The FAA is issuing this AD to address cracks on the MLG sliding 
tubes, which could cause MLG sliding tube fracture, and could result 
in the MLG collapsing, damage to the airplane, and injury to 
occupants.

(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, EASA AD 2020-0258, dated November 18, 2020; 
corrected November 19, 2020 (EASA AD 2020-0258).

(h) Exceptions to EASA AD 2020-0258

    (1) Where EASA AD 2020-0258 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0258 refers to July 10, 2018 (the 
effective date of EASA AD 2018-0136, dated June 26, 2018), this AD 
requires using April 9, 2019 (the effective date of AD 2019-03-18).
    (3) The ``Remarks'' section of EASA AD 2020-0258 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0258 
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

[[Page 82302]]

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: <a href="/cdn-cgi/l/email-protection#734a5e3225205e323a215e4440435e323e3c30331512125d141c05"><span class="__cf_email__" data-cfemail="c6ffeb879095eb878f94ebf1f5f6eb878b898586a0a7a7e8a1a9b0">[email&#160;protected]</span></a>. 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 and as specified in paragraph (i) of 
this AD, if any service information referenced in EASA AD 2020-0258 
contains paragraphs that are labeled as RC, the instructions in RC 
paragraphs, including subparagraphs under an RC paragraph, must be 
done to comply with this AD; any paragraphs, including subparagraphs 
under those paragraphs, that are not identified as RC are 
recommended. The instructions in paragraphs, including subparagraphs 
under those paragraphs, 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 instructions identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to instructions 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 206-231-3223.

(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.
    (3) The following service information was approved for IBR on 
January 4, 2021.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0258, 
dated November 18, 2020; corrected November 19, 2020.
    (ii) [Reserved]
    (4) For EASA AD 2020-0258, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#6524211625000416044b0010170a15044b0010"><span class="__cf_email__" data-cfemail="6425201724010517054a0111160b14054a0111">[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>.
    (5) 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-2020-1121.
    (6) 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#0c6a69687e696b2260696b6d604c626d7e6d226b637a"><span class="__cf_email__" data-cfemail="1e787b7a6c7b7930727b797f725e707f6c7f30797168">[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 December 7, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-27975 Filed 12-15-20; 4:15 pm]
BILLING CODE 4910-13-P