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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2020-1121; Project Identifier MCAI-2020-01546-T; Amendment 39-21356; AD 2020-26-01]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Final rule; request for comments.
 SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-03-18, 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 2019-03-18 required repetitive general visual inspections for cracks, and replacement if necessary, of certain main landing gear (MLG) sliding tubes that were subject to improperly performed magnetic particle inspections. This AD continues to require repetitive general visual inspections of the affected MLG sliding tubes for cracks and replacement if necessary, and requires inspections, and replacement if necessary, of additional MLG sliding tubes; as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD was prompted by the identification of additional MLG sliding tubes that might have been subject to the same improperly performed magnetic particle inspection. The FAA is issuing this AD to address the unsafe condition on these products.
 DATES: This AD becomes effective January 4, 2021. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 4, 2021. The FAA must receive comments on this AD by February 1, 2021.
 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:*
                         Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For material incorporated by reference (IBR) in this AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
                        *ADs@easa.europa.eu;*
                         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-2020-1121. 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-2020-1121; 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, 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, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.


SUPPLEMENTARY INFORMATION:  Discussion The FAA issued AD 2019-03-18, Amendment 39-19570 (84 FR 7804, March 5, 2019) (AD 2019-03-18), 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 2019-03-18 required repetitive general visual inspections of the MLG sliding tubes for cracks, and replacement if necessary. The FAA issued AD 2019-03-18 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 2019-03-18 Was Issued Since the FAA issued AD 2019-03-18, additional MLG sliding tubes have been identified that might also have been subject to the same improperly performed magnetic particle inspection. The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2020-0258, dated November 18, 2020; corrected November 19, 2020 (EASA AD 2020-0258) (also referred to as the Mandatory Continuing Airworthiness Information, or 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 and A320-233 airplanes. EASA AD 2020-0258 supersedes EASA AD 2018-0136, dated June 26, 2018 (which corresponds to FAA AD 2019-03-18). 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. This 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. 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. Explanation of Retained Requirements Although this AD does not explicitly restate the requirements of AD 2019-03-18, this AD retains certain requirements of AD 2019-03-18. Those requirements are referenced in EASA AD 2020-0258, which, in turn, is referenced in paragraph (g) of this AD. Relationship Between This AD and AD 2020-21-09 EASA AD 2020-0258 notes that EASA AD 2020-0193, dated September 7, 2020 (EASA AD 2020-0193), requires a one-
                    ( print page 82300)
                    time inspection using the Airbus alert operators transmission identified in EASA AD 2020-0258. EASA AD 2020-0193 corresponds to FAA AD 2020-21-09, Amendment 39-21282 (85 FR 65200, October 15, 2020; corrected October 27, 2020 (85 FR 67965)) (AD 2020-21-09). AD 2020-21-09 requires a general visual inspection of the MLG sliding tubes for cracks, and replacement, if necessary. That AD applies to all Airbus SAS Model A318 series airplanes; Model A319 series airplanes; Model A320 series airplanes; and Model A321 series airplanes. Related Service Information Under 1 CFR Part 51 EASA AD 2020-0258 describes procedures for repetitive general visual inspections of the MLG sliding tubes for cracks, and replacement if necessary. EASA AD 2020-0258 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 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 issuing this AD because the FAA has 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 AD 2020-0258 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 initially 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. The FAA has since coordinated with other manufacturers and civil aviation authorities (CAAs) to use this process. As a result, EASA AD 2020-0258 is incorporated by reference in this final rule. This AD, therefore, requires compliance with EASA AD 2020-0258 in its entirety, through that incorporation, 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 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 AD. Service information specified in EASA AD 2020-0258 that is required for compliance with EASA AD 2020-0258 is available on the internet at 
                    *https://www.regulations.gov*
                     by searching for and locating Docket No. FAA-2020-1121. 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 cracks on the MLG sliding tubes, if not detected and corrected, could lead to MLG sliding tube fracture, resulting in MLG collapse with consequent damage to the airplane and injury to occupants. In addition, the compliance time for the required action is shorter than the time necessary for the public to comment and for publication of the final rule. 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 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-2020-1121; Project Identifier MCAI-2020-01546-T” at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, 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 final rule 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 final rule. 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 AD 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 AD, 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 AD. 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. Regulatory Flexibility Act (RFA) The requirements of the RFA do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Costs of Compliance The FAA estimates that this AD affects 1,467 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:
                    ( print page 82301) Estimated Costs for Required Actions
Actions
Labor cost
Parts cost
Cost per product
Cost on U.S. operatorsRetained actions from AD 2019-03-18
Up to 2 work-hours × $85 per hour = Up to $170
$0
Up to $170
Up to $138,890 (817 airplanes).New actions
Up to 2 work-hours × $85 per hour = Up to $170
0
Up to $170
Up to $249,390 (1,467 airplanes).
 The FAA estimates the following costs to do any necessary on-condition action 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 this on-condition action: Estimated Costs of On-Condition Actions
Labor cost
Parts cost
Cost per
                             product19 work-hours × $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 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, and (2) Will not affect intrastate aviation in Alaska. 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
 1.The authority citation for part 39 continues to read as follows: Authority:
                        49 U.S.C. 106(g), 40113, 44701. § 39.13
 2.The FAA amends § 39.13 by: a.Removing airworthiness directive (AD) 2019-03-18, Amendment 39-19570 ( 84 FR 7804, March 5, 2019), and b.Adding the following new AD: **2020-26-01 Airbus SAS:**
                             Amendment 39-21356; Docket No. FAA-2020-1121; Project Identifier MCAI-2020-01546-T. (a) Effective Date This airworthiness directive (AD) becomes effective January 4, 2021. (b) Affected ADs This AD replaces AD 2019-03-18, Amendment 39-19570 (84 FR 7804, March 5, 2019) (AD 2019-03-18). (c) Applicability This AD applies to all Airbus SAS airplanes identified in paragraphs (c)(1) through (3) 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. (d) Subject Air Transport Association (ATA) of America Code 32, Landing gear. (e) Reason This AD was prompted by reports of cracks that were found on main landing gear (MLG) sliding tubes after improperly performed magnetic particle inspections of the MLG sliding tubes were done. 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, EASA AD 2020-0258, dated November 18, 2020; corrected November 19, 2020 (EASA AD 2020-0258). (h) Exceptions to EASA AD 2020-0258 (1) Where EASA AD 2020-0258 refers to its effective date, this AD requires using the effective date of this AD. (2) Where EASA AD 2020-0258 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). (3) The “Remarks” section of EASA AD 2020-0258 does not apply to this AD. (i) No Reporting Requirement Although the service information referenced in EASA AD 2020-0258 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 
                            ( print page 82302)
                            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: 
                            *9-AVS-AIR-730-AMOC@faa.gov.*
                             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 and as specified in paragraph (i) of this AD, if any service information referenced in EASA AD 2020-0258 contains paragraphs that are labeled as RC, the instructions in RC paragraphs, including subparagraphs under an RC paragraph, must be done to comply with this AD; any paragraphs, including subparagraphs under those paragraphs, that are not identified as RC are recommended. The instructions in paragraphs, including subparagraphs under those paragraphs, 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 instructions identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to instructions 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. (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. (3) The following service information was approved for IBR on January 4, 2021. (i) European Union Aviation Safety Agency (EASA) AD 2020-0258, dated November 18, 2020; corrected November 19, 2020. (ii) [Reserved] (4) For EASA AD 2020-0258, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
                            *ADs@easa.europa.eu;*
                             internet 
                            *www.easa.europa.eu.*
                             You may find this EASA AD on the EASA website at 
                            *https://ad.easa.europa.eu.* (5) 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-2020-1121. (6) 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 
                            *fedreg.legal@nara.gov,*
                             or go to: 
                            *https://www.archives.gov/​federal-register/​cfr/​ibr-locations.html.* Issued on December 7, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service.


[FR Doc. 2020-27975 Filed 12-15-20; 4:15 pm] BILLING CODE 4910-13-P