[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 *
----------------------------------------------------------------------------------------------------------------
                                                          Cost per
              Labor cost                 Parts cost        product               Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 14 work-hours x $85 per hour =               $0          $1,190  Up to $1,190
 Up to $1,190.
----------------------------------------------------------------------------------------------------------------
* 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