[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Proposed Rules]
[Pages 63715-63718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22053]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1295; Project Identifier MCAI-2021-01181-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus SAS Model A318 series airplanes; Model A319-111, -112, -
113, -114, -115, -131, -132, and -133 airplanes; Model A320-211, -212, 
-214, -216, -231, -232, and -233 airplanes; and Model A321-111, -112, -
131, -211, -212, -213, -231, and -232 airplanes. This proposed AD was 
prompted by a report of a nose landing gear (NLG) sliding tube rupture 
that led to a NLG collapse. This proposed AD would require inspection 
of certain NLG and main landing gear (MLG) sliding tubes and applicable 
corrective actions and eventual replacement of all affected parts, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference (IBR). This proposed AD 
would also prohibit the installation of affected parts under certain 
conditions.

[[Page 63716]]

The FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by December 5, 
2022.

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 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1295; 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 NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this NPRM, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email [email protected]; website 
easa.europa.eu. You may find this material on the EASA website at 
ad.easa.europa.eu. It is also available at regulations.gov under Docket 
No. FAA-2022-1295.
     You may view this service information 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.

FOR FURTHER INFORMATION CONTACT: Manuel Hernandez, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 562-627-5256; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-1295; Project Identifier 
MCAI-2021-01181-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of 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 proposal because of 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 received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
Manuel Hernandez, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, WA 
98198; telephone 562-627-5256; 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.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0236, dated October 29, 2021 
(EASA AD 2021-0236) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus SAS Model A318 series airplanes, Model 
A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model 
A320-211, -212, -214, -215, -216, -231, -232, and -233 airplanes; and 
Model A321-111, -112, -131, -211, -212, -213, -231, and -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 proposed AD 
therefore does not include those airplanes in the applicability.
    The MCAI states that NLG sliding tube rupture, leading to NLG 
collapse during taxiing, occurred on a Model A320 airplane. 
Investigations identified overheat damage on that NLG, caused by 
incorrect accomplishment of a repair on the chromium-plated diameter of 
the sliding tube during the last NLG overhaul. Further investigations 
identified a batch of NLG and MLG sliding tubes that are possibly 
affected by a similar condition, which, if not detected and corrected, 
could lead to NLG or MLG structural failure and subsequent collapse of 
the gears, possibly resulting in damage to the airplane and injury to 
occupants. The MCAI requires inspections of affected parts, applicable 
corrective actions, and eventual replacement of all affected parts.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1295.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0236 specifies procedures for a detailed inspection of 
the visible chrome surface of affected NLG and MLG sliding tubes for 
any discrepancies (cracks), a magnetic particle inspection (MPI) and 
Barkhausen noise inspection (BNI) of affected parts for any 
discrepancies (cracks), an MPI, eventual replacement of affected parts, 
and corrective actions. Corrective actions include immediate 
replacement of the NLG or MLG sliding tube or shock absorber. 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 
the FAA's bilateral agreement with the State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
described above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in

[[Page 63717]]

EASA AD 2021-0236 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD 
This proposed AD would also prohibit the installation of affected parts 
under certain conditions.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2021-0236 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0236 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2021-0236 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 EASA AD 2021-
0236. Service information required by EASA AD 2021-0236 for compliance 
will be available at regulations.gov under Docket No. FAA-2022-1295 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,825 airplanes of U.S. registry. Currently, there are no 
affected U.S.-registered airplanes that would need the required actions 
because the affected part is not installed on any U.S.-registered 
airplanes. U.S.-registered airplanes therefore would need to comply 
with only the parts prohibition specified in this proposed AD.
    If an affected airplane is imported and placed on the U.S. Register 
in the future, the FAA provides the following cost estimates to comply 
with the required actions in this proposed AD:

                  Estimated Costs for Required Actions
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                                                             Cost per
              Labor cost                  Parts cost *       product
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50 work-hours x $85 per hour = $4,250.              $0           $4,250
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* The FAA has received no definitive data on which to base the cost
  estimates for the replacement parts specified in this proposed 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Airbus SAS: Docket No. FAA-2022-1295; Project Identifier MCAI-2021-
01181-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 5, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model 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, 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) Unsafe Condition

    This AD was prompted by a report of a nose landing gear (NLG) 
sliding tube rupture leading to a NLG collapse. The FAA is issuing 
this AD to address NLGs and main landing gears (MLGs) that may have 
been subject to the incorrect accomplishment of a repair, which, if 
not detected and corrected, could lead to NLG or MLG structural 
failure and subsequent collapse of the gears, possibly resulting in 
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 paragraphs (h) of this AD: Comply with 
all required actions and compliance times specified in, and in

[[Page 63718]]

accordance with, EASA AD 2021-0236, dated October 29, 2021 (EASA AD 
2021-0236).

(h) Exceptions to EASA AD 2021-0236

    (1) Where EASA AD 2021-0236 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2021-0236 specifies to do a 
detailed visual inspection, replace the text ``the instructions of 
the AOT'' with ``paragraphs 4.2.2.2 and 4.2.2.5 of the AOT.''
    (3) Where paragraph (2) of EASA AD 2021-0236 specifies to do an 
magnetic particle inspection (MPI) and a Barkhausen noise inspection 
(BNI), replace the text ``the instructions of the AOT'' with 
``paragraphs 4.2.2.3 and 4.2.2.6 of the AOT.''
    (4) Where paragraph (3) of EASA AD 2021-0236 specifies that ``if 
discrepancies are detected on an affected part'' for this AD 
discrepancies include cracking and heat damage.
    (5) Where the service information referenced in EASA AD 2021-
0236 specifies to quarantine parts, this AD does not require that 
action.
    (6) The ``Remarks'' section of EASA AD 2021-0236 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0236 
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 DOA. If approved by the DOA, the approval must include 
the DOA-authorized signature.

(k) Related Information

    For more information about this AD, contact Manuel Hernandez, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 562-627-5256; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2021-0236, 
dated October 29, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0236, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet easa.europa.eu. You may find this EASA 
AD on the EASA website at 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 October 3, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-22053 Filed 10-19-22; 8:45 am]
BILLING CODE 4910-13-P