[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Rules and Regulations]
[Pages 45627-45629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16101]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 145 / Friday, July 29, 2022 / Rules 
and Regulations  

[[Page 45627]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1075; Project Identifier MCAI-2021-00856-T; 
Amendment 39-22077; AD 2022-12-05]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-26-
01, 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 2020-26-01 required repetitive general visual 
inspections of the affected main landing gear (MLG) sliding tubes for 
cracks, and replacement if necessary. This AD was prompted by reports 
of cracks found on MLG sliding tubes that may have been subject to 
improperly performed magnetic particle inspection. This AD requires 
repetitive general visual inspections of the affected MLG sliding tubes 
(both retained affected parts and additional affected parts) for 
cracks, and replacement if necessary, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
This AD also adds airplanes to the applicability. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective September 2, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 2, 
2022.

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 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 at www.regulations.gov by searching for and locating Docket No. 
FAA-2021-1075.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching 
for and locating Docket No. FAA-2021-1075; 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, the mandatory 
continuing airworthiness information (MCAI), 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: Vladimir Ulyanov, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0175, dated July 22, 2021; 
corrected July 23, 2021 (EASA AD 2021-0175) (also referred to as 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, A320-233, A321-111, A321-
112, A321-131, A321-211, A321-212, A321-213, A321-231, and A321-232 
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 to supersede AD 2020-26-01, Amendment 39-21356 (85 FR 
82299, December 18, 2020) (AD 2020-26-01). AD 2020-26-01 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. The NPRM 
published in the Federal Register on December 27, 2021 (86 FR 73197). 
The NPRM was prompted by reports of cracks found on MLG sliding tubes 
that may have been subject to improperly performed magnetic particle 
inspection. The NPRM proposed to require repetitive general visual 
inspections of the affected MLG sliding tubes (both retained affected 
parts and additional affected parts) for cracks, and replacement if 
necessary, as specified in EASA AD 2021-0175. The NPRM also proposed to 
add airplanes to the applicability.
    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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.
    The FAA also received a comment from Delta Air Lines (DAL). The 
following presents the comment received on the NPRM and the FAA's 
response.

Request for Clarification of Inspection Requirements

    DAL requested clarification of the language specified in paragraph 
(6) of EASA AD 2021-0175 that ``following installation, the part is 
inspected as required by this [EASA] AD.'' DAL stated that more than 
one interpretation is possible, but it presumed the intent to be that 
an affected part can only be

[[Page 45628]]

installed if it is inspected within the compliance time specified in 
paragraph (1) of EASA AD 2021-0175 (rather than requiring an inspection 
immediately after installing an affected part on-wing).
    The FAA agrees to clarify the referenced quote. The statement 
``following installation, the part is inspected as required by this 
[EASA] AD'' does not mean an inspection is required before further 
flight after installing an affected part. Instead, it means that the 
part must meet the inspection requirements of paragraph (1) of EASA AD 
2021-0175 at the applicable compliance times specified in paragraph (1) 
of EASA AD 2021-0175.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, this AD is adopted as 
proposed in the NPRM. None of the changes will increase the economic 
burden on any operator. Accordingly, the FAA is issuing this AD to 
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0175 describes procedures for repetitive general 
visual inspections of the MLG sliding tubes for cracks, and replacement 
if necessary. EASA AD 2021-0175 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.

Costs of Compliance

    The FAA estimates that this AD affects 1,524 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.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2020-26-01...  2 work-hours x $85 per                $0            $170        $259,080
                                         hour = $170.
New proposed actions..................  2 work-hours x $85 per                 0             170         259,080
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
19 work-hours x $85 per hour = $1,615.            $185           $1,800
------------------------------------------------------------------------

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.

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) 2020-26-01, Amendment 39-21356 
(85 FR 82299, December 18, 2020); and
0
b. Adding the following new AD:

2022-12-05 Airbus SAS: Amendment 39-22077; Docket No. FAA-2021-1075; 
Project Identifier MCAI-2021-00856-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 2, 
2022.

[[Page 45629]]

(b) Affected ADs

    This AD replaces AD 2020-26-01, Amendment 39-21356 (85 FR 82299, 
December 18, 2020) (AD 2020-26-01).

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified 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, and -133 
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, and -233 
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracks found on main landing 
gear (MLG) sliding tubes that may have been subject to 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.

(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 
2021-0175, dated July 22, 2021; corrected July 23, 2021 (EASA AD 
2021-0175).

(h) Exceptions to EASA AD 2021-0175

    (1) Where EASA AD 2021-0175 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0175 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, 
Amendment 39-19570 (84 FR 7804, March 5, 2019)).
    (3) Where EASA AD 2021-0175 refers to December 2, 2020 (the 
effective date of EASA AD 2020-0258, dated November 18, 2020; 
corrected November 19. 2020), this AD requires using January 4, 2021 
(the effective date of AD 2020-26-01).
    (4) Where paragraph (1) of EASA AD 2021-0175 specifies 
compliance times to do the initial inspection, for this AD, the 
initial inspection must be done within the applicable compliance 
time specified in paragraph (1) of EASA AD 2021-0175, or within 30 
days after the effective date of this AD, whichever occurs later.
    (5) The ``Remarks'' section of EASA AD 2021-0175 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0175 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Additional 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 Vladimir Ulyanov, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3229; 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 2021-0175, 
dated July 22, 2021; corrected July 23, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0175, 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.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 4, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-16101 Filed 7-28-22; 8:45 am]
BILLING CODE 4910-13-P