Discussion
The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA Emergency AD 2019-0151-E, dated June 28, 2019 (``EASA Emergency AD 2019-0151-E'') (also referred to as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Airbus SAS Model A319-111, - 112, -115, and -131 airplanes, and Model A320-214 and -232 airplanes. The MCAI states:
An occurrence was reported where, during pushback of an aeroplane, a MLG sliding tube axle fractured. Investigation results revealed an incorrect accomplishment of a repair at the previous overhaul of the chromium plated axle diameters, which resulted in the overheat damage to the sliding tube axle journal(s). This initiated a crack which, under fatigue effects, led to fracture of the MLG sliding tube axle. A limited number of MLG sliding tubes has been identified that may have been subject to the same incorrect repair.
This condition, if not detected, could lead to MLG sliding tube axle fracture, possibly resulting in MLG collapse, damage to the aeroplane, and injury to occupants.
To address this potential unsafe condition, SAFRAN Landing Systems issued the SB [service bulletin] (later revised), providing the list of affected parts and inspection instructions. Consequently, EASA issued AD 2019-0147 to require a one-time inspection of affected parts and, depending on findings, accomplishment of applicable corrective action(s).
Since that [EASA] AD was issued, after chrome removal on one affected part, a crack was found on the inner chromed land area. Airbus issued the AOT [Alert Operators Transmission] to provide instructions for repetitive magnetic particle inspections
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(MPI), pending accomplishment of the SB. In addition, further investigation identified that a limited number of MLG sliding tubes were incorrectly repaired, thereby reducing the number of affected aeroplanes.
For the reasons described above, this [EASA Emergency] AD retains part of the requirements of EASA AD 2019-0147, which is superseded, amends the Applicability, and requires additional repetitive inspections, and, depending on findings, accomplishment of applicable corrective action(s).
Related IBR Material Under 1 CFR Part 51
EASA Emergency AD 2019-0151-E describes procedures for a repetitive MPI of affected MLG sliding tubes for discrepancies (e.g., cracks or damage), a one-time BNI of affected MLG sliding tube axles for discrepancies (e.g., cracks or damage), and corrective actions, i.e., repair, if necessary. Corrective actions include repair or replacement of affected parts. EASA Emergency AD 2019-0151-E also describes an optional method of compliance for accomplishing corrective actions by replacing affected parts with serviceable parts, and terminating actions for the repetitive MPI, which consist of accomplishing the BNI and applicable corrective actions, or replacing the affected parts.
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 a 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 agency 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 Emergency AD 2019-0151-E described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text ofthis AD. This AD also requires sending the inspection results to Safran Landing Systems.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA 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. As a result, EASA Emergency AD 2019-0151-E is incorporated by reference in the FAA final rule. This AD, therefore, requires compliance with the provisions specified in EASA Emergency AD 2019-0151-E, 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 Emergency 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 tothe section titled ``Required Action(s) and Compliance Time(s)'' in the EASA Emergency AD. Service information specified in EASA Emergency AD 2019-0151-E that is required for compliance with EASA Emergency AD 2019-0151-E is available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-0527.
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 failure to detect and correct cracks or damage in the MLG sliding tube axle could lead to MLG sliding tube axle fracture, possibly resulting in MLG collapse. Therefore, the FAA finds good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reasons stated above, the FAAfinds that good cause exists for making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and the FAA did not precede it by notice and opportunity for public comment. 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-2019-0527; Product Identifier 2019-NM-112-AD'' at the beginning of your comments. The FAA specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. The FAA will consider all comments received by the closing date and may amend this AD based on those comments.
The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. The FAA will also post a report summarizing each substantive verbal contact received about thisAD.
Costs of Compliance
The FAA estimates that this AD affects 1 airplane of U.S. registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions * ----------------------------------------------------------------------------------------------------------------
Cost per
Labor cost Parts cost product Cost on U.S. operators ---------------------------------------------------------------------------------------------------------------- Up to 14 work-hours x $85 per hour = $0 $1,190 Up to $1,190
Up to $1,190. ----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.
The FAA estimates that it takes about 1 work-hour per product to comply with the reporting requirement in this AD. The average labor rate is $85 per hour. Based on these figures,the FAA estimates the cost of reporting the inspection results on U.S. operators to be $85 per product.
The FAA has received no definitive data that would enable us to provide cost estimates for the optional actions and on-condition actions specified in this AD.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not required to
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respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this AD is 2120-0056. The paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associatedwith this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at 800 Independence Ave. SW, Washington, DC 20591, ATTN: Information Collection Clearance Officer, AES-200.
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 authoritybecause it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to the Director of the System Oversight Division.
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 discussedabove, 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.