[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Rules and Regulations]
[Pages 17497-17499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06897]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Rules 
and Regulations  

[[Page 17497]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0982; Project Identifier MCAI-2020-01037-T; 
Amendment 39-21478; AD 2021-07-01]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A318, A319, A320, and A321 series airplanes. This AD 
was prompted by a report that the oil used to protect the nose landing 
gear (NLG) main fittings for transportation and storage was not removed 
before final heat treatment of the affected parts, possibly generating 
sub-surface cavities during heat treatment of the affected parts. This 
AD requires replacing each affected NLG main fitting with a serviceable 
part, as specified in a European Union Aviation Safety Agency (EASA), 
which is incorporated by reference. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective May 10, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 10, 
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; 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-2020-0982.

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-
0982; 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 final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

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 2020-0165, dated July 23, 2020 (EASA 
AD 2020-0165) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus SAS Model A318, A319, and A321 series airplanes and 
Model A320-211, -212, -214, -215, -216, -231, -232, -233, -251N, -252N, 
-253N, -271N, -272N, and -273N 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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus SAS Model 
A318, A319, A320, and A321 series airplanes. The NPRM published in the 
Federal Register on November 5, 2020 (85 FR 70523). The NPRM was 
prompted by a report that the oil used to protect the NLG main fittings 
for transportation and storage was not removed before final heat 
treatment of the affected parts, possibly generating sub-surface 
cavities during heat treatment of the affected parts. The NPRM proposed 
to require replacing each affected NLG main fitting with a serviceable 
part, as specified in EASA AD 2020-0165.
    The FAA is issuing this AD to address possible sub-surface cavities 
in the NLG main fittings, which could cause detrimental impact on 
fatigue performance and affect the structural integrity of the NLG. See 
the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) indicated its 
support for the NPRM.

Explanation of Typographical Error

    A typographical error in paragraph (c)(3) of the proposed AD was 
introduced during the publication process. This AD corrects that 
typographical error. Paragraph (c)(3) of the proposed AD specified 
Model A320-251 airplanes, however the correct Model designation is 
Model A320-251N airplanes. The Summary and Discussion sections of the 
proposed AD, along with the incorporated by reference document, 
correctly identified the affected airplanes. The FAA has revised 
paragraph (c)(3) of this AD accordingly.

Request To Revise the Costs of Compliance Section

    An individual commenter recommended that the FAA expand on the 
estimated cost analysis by providing more support for labor costs and 
quantifying the parts cost. The commenter stated that the overall cost 
estimate seemed low, and noted that no parts cost estimate was included 
in the NPRM. The commenter suggested that the FAA could provide a 
breakdown of how the labor hours were calculated, as well as a parts 
cost estimate. The

[[Page 17498]]

commenter noted that landing gears on Airbus airplanes are expensive, 
and provided a link to a document with information on the cost of main 
landing gears on Airbus products. The individual commenter also 
recommended that the FAA provide a brief quantitative benefit analysis. 
The commenter stated that a benefit analysis would bolster the 
proposition that the FAA is following statutory text, but acknowledged 
that consideration of the benefits might not be required since the 
proposed AD corrects an unsafe condition. The commenter stated that 
these recommendations will help prevent this rulemaking from being 
considered arbitrary.
    The FAA agrees to clarify the labor and parts cost estimate. The 
manufacturer determines labor cost estimates and provides a breakdown 
of those costs in Airbus Mandatory Service Bulletin A320-32-1492, dated 
November 25, 2019; and Airbus Mandatory Service Bulletin A320-32-1493, 
dated November 25, 2019. This service information is available in the 
AD docket. The 8 work-hours specified in this final rule matches the 
manufacturer's estimate. In regards to parts cost, the document that 
the commenter referred to includes information on the cost of main 
landing gears (not nose landing gears). The replacement part specified 
in this AD is a main fitting associated with the nose landing gear, and 
not the entire nose landing gear assembly. The FAA has received new 
parts cost information and has updated the parts cost for the main 
fitting. In addition, as noted in the NPRM, some or all of the costs 
may be covered under warranty, but the FAA does not control warranty 
coverage and has therefore included all known costs in the estimate.
    As for the request that the FAA conduct a ``benefit analysis'' of 
the AD, as a matter of law, in order to be airworthy, an aircraft must 
conform to its type design and be in a condition for safe operation. 
The type design is approved only after the FAA determines that it 
complies with all applicable airworthiness requirements. In adopting 
and maintaining those requirements, the FAA has already determined that 
those requirements establish a level of safety that is cost beneficial. 
If the FAA later makes a finding of an unsafe condition in an aircraft 
and issues an AD to address that unsafe condition, that means the 
original cost-benefit level of safety is no longer being achieved and 
that the required AD actions are necessary to restore that level of 
safety. Because this level of safety has already been determined to be 
cost beneficial, and because the AD does not add an additional 
regulatory requirement that increases the level of safety beyond the 
level established by the type design, a full cost-benefit analysis for 
each AD would be redundant and unnecessary. The FAA has not changed 
this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the change described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0165 describes procedures for replacing each NLG main 
fitting having a certain part number and serial number 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.

Costs of Compliance

    The FAA estimates that this AD affects 15 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680...........................      $82,215.49       $82,895.49    $1,243,432.35
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators. The FAA does not control warranty coverage for 
affected operators. As a result, the FAA has included all known costs 
in the cost estimate.

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

    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.

[[Page 17499]]

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:

2021-07-01 Airbus SAS: Amendment 39-21478; Docket No. FAA-2020-0982; 
Project Identifier MCAI-2020-01037-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 10, 2021.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

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

(e) Reason

    This AD was prompted by a report that the oil used to protect 
the nose landing gear (NLG) main fittings for transportation and 
storage was not removed before final heat treatment of the affected 
parts, possibly generating sub-surface cavities during heat 
treatment of the affected parts. The FAA is issuing this AD to 
address possible sub-surface cavities in the NLG main fittings, 
which could cause detrimental impact on fatigue performance and 
affect the structural integrity of the NLG.

(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, European Union Aviation Safety Agency (EASA) AD 
2020-0165, dated July 23, 2020 (EASA AD 2020-0165).

(h) Exceptions to EASA AD 2020-0165

    (1) Where EASA AD 2020-0165 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0165 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0165 
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 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: [email protected]. 
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, if any service information contains 
procedures or tests that are identified as RC, those 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.

(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; email [email protected].

(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) AD 2020-0165, 
dated July 23, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0165, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; 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-2020-0982.
    (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 March 16, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-06897 Filed 4-2-21; 8:45 am]
BILLING CODE 4910-13-P