[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Rules and Regulations]
[Pages 38850-38853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16898]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0527; Product Identifier 2019-NM-112-AD; Amendment
39-19684; AD 2019-14-06]
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
certain Airbus SAS Model A319-111, -112, -115, and -131 airplanes, and
Model A320-214 and -232 airplanes. This AD was prompted by a report of
the fracture of a main landing gear (MLG) sliding tube axle, and an
investigation that determined the cause to be an incorrect repair. This
AD requires a repetitive magnetic particle inspection (MPI) of affected
MLG sliding tubes for discrepancies; a one-time Barkhausen noise
inspection (BNI) or alternative non-destructive test (NDT) inspection,
and a detailed visual inspection of affected MLG sliding tube axles for
discrepancies; and corrective actions if necessary, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. Accomplishing the BNI and applicable corrective actions,
or replacing the affected parts, constitutes terminating action for the
repetitive MPI. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD becomes effective August 23, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 23,
2019.
We must receive comments on this AD by September 23, 2019.
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 http://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 the material incorporated by reference (IBR) in this AD,
contact the EASA, at 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, Transport Standards 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
http://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0527.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0527; 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, the regulatory evaluation, 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,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2019-0151-E, dated June
28, 2019 (``EASA Emergency AD 2019-0151-E'') (also referred to as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Airbus SAS Model A319-111, -
112, -115, and -131 airplanes, and Model A320-214 and -232 airplanes.
The MCAI states:
An occurrence was reported where, during pushback of an
aeroplane, a MLG sliding tube axle fractured. Investigation results
revealed an incorrect accomplishment of a repair at the previous
overhaul of the chromium plated axle diameters, which resulted in
the overheat damage to the sliding tube axle journal(s). This
initiated a crack which, under fatigue effects, led to fracture of
the MLG sliding tube axle. A limited number of MLG sliding tubes has
been identified that may have been subject to the same incorrect
repair.
This condition, if not detected, could lead to MLG sliding tube
axle fracture, possibly resulting in MLG collapse, damage to the
aeroplane, and injury to occupants.
To address this potential unsafe condition, SAFRAN Landing
Systems issued the SB [service bulletin] (later revised), providing
the list of affected parts and inspection instructions.
Consequently, EASA issued AD 2019-0147 to require a one-time
inspection of affected parts and, depending on findings,
accomplishment of applicable corrective action(s).
Since that [EASA] AD was issued, after chrome removal on one
affected part, a crack was found on the inner chromed land area.
Airbus issued the AOT [Alert Operators Transmission] to provide
instructions for repetitive magnetic particle inspections
[[Page 38851]]
(MPI), pending accomplishment of the SB. In addition, further
investigation identified that a limited number of MLG sliding tubes
were incorrectly repaired, thereby reducing the number of affected
aeroplanes.
For the reasons described above, this [EASA Emergency] AD
retains part of the requirements of EASA AD 2019-0147, which is
superseded, amends the Applicability, and requires additional
repetitive inspections, and, depending on findings, accomplishment
of applicable corrective action(s).
Related IBR Material Under 1 CFR Part 51
EASA Emergency AD 2019-0151-E describes procedures for a repetitive
MPI of affected MLG sliding tubes for discrepancies (e.g., cracks or
damage), a one-time BNI of affected MLG sliding tube axles for
discrepancies (e.g., cracks or damage), and corrective actions, i.e.,
repair, if necessary. Corrective actions include repair or replacement
of affected parts. EASA Emergency AD 2019-0151-E also describes an
optional method of compliance for accomplishing corrective actions by
replacing affected parts with serviceable parts, and terminating
actions for the repetitive MPI, which consist of accomplishing the BNI
and applicable corrective actions, or replacing the affected parts.
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 a 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 agency
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
Emergency AD 2019-0151-E described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD. This AD also requires sending the
inspection results to Safran Landing Systems.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with Airbus and EASA to develop a process to
use certain EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. As a result,
EASA Emergency AD 2019-0151-E is incorporated by reference in the FAA
final rule. This AD, therefore, requires compliance with the provisions
specified in EASA Emergency AD 2019-0151-E, 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 Emergency 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 Emergency AD. Service information
specified in EASA Emergency AD 2019-0151-E that is required for
compliance with EASA Emergency AD 2019-0151-E is available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0527.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because failure to detect and correct cracks or damage in the MLG
sliding tube axle could lead to MLG sliding tube axle fracture,
possibly resulting in MLG collapse. 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
This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. 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-2019-0527;
Product Identifier 2019-NM-112-AD'' at the beginning of your comments.
The FAA specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. The FAA will
consider all comments received by the closing date and may amend this
AD based on those comments.
The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this AD.
Costs of Compliance
The FAA estimates that this AD affects 1 airplane 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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Up to 14 work-hours x $85 per hour = $0 $1,190 Up to $1,190
Up to $1,190.
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* Table does not include estimated costs for reporting.
The FAA estimates that it takes about 1 work-hour per product to
comply with the reporting requirement in this AD. The average labor
rate is $85 per hour. Based on these figures, the FAA estimates the
cost of reporting the inspection results on U.S. operators to be $85
per product.
The FAA has received no definitive data that would enable us to
provide cost estimates for the optional actions and on-condition
actions specified in this AD.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to
[[Page 38852]]
respond to, nor shall a person be subject to penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a current valid OMB control number. The control number for the
collection of information required by this AD is 2120-0056. The
paperwork cost associated with this AD has been detailed in the Costs
of Compliance section of this document and includes time for reviewing
instructions, as well as completing and reviewing the collection of
information. Therefore, all reporting associated with this AD is
mandatory. Comments concerning the accuracy of this burden and
suggestions for reducing the burden should be directed to the FAA at
800 Independence Ave. SW, Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.
Regulatory Findings
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,
(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 (AD):
2019-14-06 Airbus SAS: Amendment 39-19684; Docket No. FAA-2019-0527;
Product Identifier 2019-NM-112-AD.
(a) Effective Date
This AD becomes effective August 23, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A319-111, -112, -115, and -
131 airplanes, and Airbus SAS Model A320-214 and -232 airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) Emergency AD 2019-0151-E, dated June
28, 2019 (``EASA Emergency AD 2019-0151-E'').
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
gear.
(e) Reason
This AD was prompted by a report of the fracture of a main
landing gear (MLG) sliding tube axle, and an investigation that
determined the cause to be an incorrect repair. The FAA is issuing
this AD to address cracks and damage in the MLG sliding tube axle,
which if not detected and corrected, could lead to MLG sliding tube
axle fracture, possibly resulting in MLG collapse.
(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 Emergency AD 2019-0151-E.
(h) Exceptions to EASA Emergency AD 2019-0151-E
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA Emergency AD 2019-0151-E refers to its
effective date, this AD requires using the effective date of this
AD.
(2) The ``Remarks'' section of EASA Emergency AD 2019-0151-E
does not apply to this AD.
(3) For purposes of determining compliance with the requirements
of this AD: Where paragraph (2) of EASA Emergency AD 2019-0151-E
refers to ``28 June, 2019,'' this AD requires using the effective
date of this AD.
(4) Where paragraph (6) of EASA Emergency AD 2019-0151-E
specifies to report the inspection results, this AD requires
reporting the inspection results at the applicable time specified in
paragraph (h)(4)(i) or (h)(4)(ii) of this AD. If operators have
reported findings as part of obtaining any corrective actions
approved by Airbus SAS's EASA Design Organization Approval (DOA),
operators are not required to report those findings as specified in
this paragraph.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
(i) Special Flight Permit
Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed except as specified in Note 1 of EASA
Emergency AD 2019-0151-E.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (k) 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.
[[Page 38853]]
(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, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
(3) Required for Compliance (RC): For any service information
referenced in EASA Emergency AD 2019-0151-E that contains RC
procedures and tests: Except as required by paragraph (j)(2) of this
AD, RC 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.
(4) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW, Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
(k) Related Information
For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
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.
(i) European Union Aviation Safety Agency (EASA) Emergency AD
2019-0151-E, dated June 28, 2019.
(ii) [Reserved]
(3) For EASA Emergency AD 2019-0151-E, 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 Emergency AD on the EASA website at https://ad.easa.europa.eu.
(4) You may view this EASA Emergency AD at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. EASA Emergency AD 2019-0151-E may be found in the AD
docket on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0527.
(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, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on July 16, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-16898 Filed 8-7-19; 8:45 am]
BILLING CODE 4910-13-P