[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Proposed Rules]
[Pages 73197-73200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27834]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1075; Project Identifier MCAI-2021-00856-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2020-26-01, which applies 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 requires repetitive general visual 
inspections of the affected main landing gear (MLG) sliding tubes for 
cracks and replacement if necessary. Since the FAA issued AD 2020-26-
01, additional parts and additional airplane models have been 
identified that may also have been subject to an improper overhaul and 
are therefore unsafe. This proposed AD would 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 a European Union Aviation 
Safety Agency (EASA) AD, which is proposed for incorporation by 
reference. This proposed AD would also add airplanes to the 
applicability. 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 February 
10, 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 https://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 material that will be incorporated by reference (IBR) in this 
AD, contact the 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-2021-1075.

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-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 NPRM, 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.

[[Page 73198]]


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.

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-2021-1075; Project Identifier 
MCAI-2021-00856-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 
the 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

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 
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. Any commentary that the FAA 
receives which is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Discussion

    The FAA issued AD 2020-26-01, Amendment 39-21356 (85 FR 82299, 
December 18, 2020) (AD 2020-26-01), which applies 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 requires 
repetitive general visual inspections of the MLG sliding tubes for 
cracks, and replacement if necessary. The FAA issued AD 2020-26-01 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.

Actions Since AD 2020-26-01 Was Issued

    Since the FAA issued AD 2020-26-01, additional parts and additional 
airplane models have been identified that may also have been subject to 
an improper overhaul and are therefore unsafe.
    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 
Mandatory Continuing Airworthiness Information, or the MCAI), to 
correct an unsafe condition for all Airbus SAS 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. EASA AD 
2021-0175 supersedes EASA AD 2020-0258 (which corresponds to FAA AD 
2020-26-01). 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.
    This proposed AD was prompted by reports of cracks found on 
additional MLG sliding tubes that may have been subject to the same 
improperly performed magnetic particle inspection as the MLG sliding 
tubes identified in AD 2020-26-01. The FAA is proposing 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.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2020-26-01, this proposed AD would retain all of the 
requirements of AD 2020-26-01. Those requirements are referenced in 
EASA AD 2021-0175, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

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.

FAA's Determination and Requirements of This Proposed AD

    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, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the FAA 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0175 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

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 2021-0175 by reference in the FAA 
final rule. This

[[Page 73199]]

proposed AD would, therefore, require compliance with EASA AD 2021-0175 
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 2021-0175 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 2021-0175. Service information 
required by EASA AD 2021-0175 for compliance will be available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-1075 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,524 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed 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

    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) 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 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:
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:

Airbus SAS: Docket No. FAA-2021-1075; Project Identifier MCAI-2021-
00856-T.

(a) Comments Due Date

    The FAA must receive comments by February 10, 2022.

(b) Affected Airworthiness Directives (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.

[[Page 73200]]

(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) 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)(2) 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): For any service information 
referenced in EASA AD 2021-0175 that contains RC procedures and 
tests: Except as required by paragraph (j)(2) of this AD and as 
specified in paragraph (i) 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.

(k) Related Information

    (1) For information about EASA AD 2021-0175, contact the 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. 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-
2021-1075.
    (2) 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.

    Issued on December 16, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-27834 Filed 12-23-21; 8:45 am]
BILLING CODE 4910-13-P


