Federal Register: January 13, 2009 (Volume 74, Number 8)

DOCID: fr13ja09-16 FR Doc E9-456

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

CFR Citation: 14 CFR Part 39

Docket ID: [Docket No. FAA-2009-0004; Directorate Identifier 2008-NM-160-AD]

RIN ID: RIN 2120-AA64

NOTICE: PROPOSED RULES

DOCID: fr13ja09-16

ACTION: Airworthiness Directives:

DOCUMENT ACTION: Notice of proposed rulemaking (NPRM).

SUBJECT CATEGORY:

Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Series Airplanes

DATES: We must receive comments on this proposed AD by February 12, 2009.

DOCUMENT SUMMARY:

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing
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airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

One case of elevator servocontrol disconnection has been experienced on an aircraft of the A320 family. Failure occurred at the servocontrol rod eyeend. Further to this finding, additional inspections have revealed cracking at the same location on a number of other servocontrol rod eyeends. In one case, both actuators of the same elevator surface were affected. * * *

A dual servocontrol disconnection on the same elevator could result in an uncontrolled surface, the elevator surface being neither actuated nor damped, which could lead to reduced control of the aircraft.
* * * * *
The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.

SUMMARY:

Airbus Model A318, A319, A320, and A321 Series Airplanes,

SUPPLEMENTAL INFORMATION

Comments Invited

We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA20090004; Directorate Identifier 2008NM160AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.

Discussion

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 20080149, dated August 5, 2008 (referred to after this as ``the MCAI''), to correct an unsafe condition for the specified products. The MCAI states:

Airbus has issued All Operators Telex A32027A1186, dated June 23, 2008. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.

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 our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we 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.
Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.

We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the proposed AD.

Costs of Compliance

Based on the service information, we estimate that this proposed AD would affect about 730 products of U.S. registry. We also estimate that it would take about 13 workhours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per workhour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $759,200, or $1,040 per product. Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I,
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section 106, describes the authority of the FAA Administrator. ``Subtitle VII: Aviation Programs,'' describes in more detail the scope of the Agency's authority.

We are 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

We 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. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 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.

We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. 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 39AIRWORTHINESS DIRECTIVES

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]

2. The FAA amends Sec. 39.13 by adding the following new AD: Airbus: Docket No. FAA20090004; Directorate Identifier 2008NM 160AD.
Comments Due Date
(a) We must receive comments by February 12, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A318111, 112, 121, and 122; A319111, 112, 113, 114, 115, 131, 132, and 133; A320
111, 211, 212, 214, 231, 232, 233; and A321111, 112, 131,
211, 212, 213, 231, and 232 series airplanes; certificated in any category; all manufacturer serial numbers.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI) states:

For the reason described above, this AD requires a onetime inspection [for cracking] of the elevator servocontrol rod eyeends and, in case of findings, the accomplishment of corrective actions. The corrective actions include replacing any cracked rod eyeend with a serviceable unit and readjusting the elevator servocontrol. Actions and Compliance
(f) Unless already done after the accumulation of 10,000 total flight cycles since first flight of the airplane, do the following actions.
(1) Not before the accumulation of 10,000 total flight cycles since first flight of the airplane, and at the later of the times specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD: Inspect both the lefthand and righthand inboard elevator servocontrol rod eyeends for cracking in accordance with the instructions of Airbus All Operators Telex (AOT) A32027A1186, dated June 23, 2008. (i) Within 1,500 flight cycles or 200 days after the effective date of this AD, whichever occurs first.
(ii) Within 1,500 flight cycles or 200 days after accumulating 10,000 total flight cycles since first flight of the airplane, whichever occurs first.
(2) Not before the accumulation of 10,000 total flight cycles since first flight of the airplane, and at the later of the times specified in paragraphs (f)(2)(i) and (f)(2)(ii) of this AD: Inspect both the lefthand and righthand outboard elevator servocontrol rod eyeends for cracking, in accordance with the instructions of Airbus AOT A32027A1186, dated June 23, 2008.
(i) Within 3,000 flight cycles or 400 days after the effective date of this AD, whichever occurs first.
(ii) Within 3,000 flight cycles or 400 days after accumulating 10,000 total flight cycles since first flight of the airplane, whichever occurs first.
(3) If any cracking is found during any inspection required by this AD, before further flight, accomplish all applicable corrective actions in accordance with the instructions of Airbus AOT A320 27A1186, dated June 23, 2008.
(4) Submit a report of the findings of the inspection required by paragraphs (f)(1) and (f)(2) of this AD to Airbus in accordance with the instructions of Airbus AOT A32027A1186, dated June 23, 2008, at the applicable time specified in paragraph (f)(4)(i) or (f)(4)(ii) of this AD. Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has approved the information collection requirements contained in this AD and has assigned OMB Control Number 21200056. (i) If the inspection was done after the effective date of this

FOR FURTHER INFORMATION CONTACT

Tim Dulin, Aerospace Engineer, International Branch, ANM116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 980573356; telephone (425) 2272141; fax (425) 2271149.

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