[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 [www.gpo.gov]
[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:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
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.
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 [email protected]; 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 206-231-3195. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0578.
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-
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 [email protected].
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 https://www.regulations.gov 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 https://www.regulations.gov, 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 [email protected]. 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
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12 work-hours x $85 per hour = $1,020.. $0 $1,020 Up to $1,662,600.
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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: [email protected]. 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 [email protected].
(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 [email protected]; 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 206-231-3195. 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-2020-0578.
(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
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
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]
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