Airworthiness Directives; Airbus SAS Airplanes, 17497-17499 [2021-06897]
Download as PDF
17497
Rules and Regulations
Federal Register
Vol. 86, No. 63
Monday, April 5, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
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
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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 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
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:27 Apr 02, 2021
Jkt 253001
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
Sanjay.Ralhan@faa.gov.
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
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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
E:\FR\FM\05APR1.SGM
05APR1
17498
Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Rules and Regulations
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
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
8 work-hours × $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.
jbell on DSKJLSW7X2PROD with RULES
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
VerDate Sep<11>2014
16:27 Apr 02, 2021
Jkt 253001
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
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\05APR1.SGM
05APR1
Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Rules and Regulations
Safety Agency (EASA) AD 2020–0165, dated
July 23, 2020 (EASA AD 2020–0165).
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
(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.
PART 39—AIRWORTHINESS
DIRECTIVES
(i) No Reporting Requirement
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 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.
jbell on DSKJLSW7X2PROD with RULES
(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 subsurface 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
VerDate Sep<11>2014
16:27 Apr 02, 2021
Jkt 253001
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: 9-AVS-AIR730-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, 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.
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 Sanjay.Ralhan@
faa.gov.
PO 00000
Frm 00003
Fmt 4700
(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 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.
(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 fedreg.legal@
nara.gov, 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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1134; Project
Identifier MCAI–2020–01053–T; Amendment
39–21475; AD 2021–06–08]
RIN 2120–AA64
Airworthiness Directives; Airbus
Defense and Space S.A. (Formerly
Known as Construcciones
Aeronauticas, S.A.) Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2017–19–
25, which applied to all Airbus Defense
and Space S.A. Model CN–235, CN–
235–100, CN–235–200, and CN–235–
300 airplanes; and Model C–295
airplanes. AD 2017–19–25 required
repetitive inspections and operational
SUMMARY:
(k) Related Information
Sfmt 4700
17499
E:\FR\FM\05APR1.SGM
05APR1
Agencies
[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]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
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