

[Federal Register: October 25, 2007 (Volume 72, Number 206)]
[Proposed Rules]               
[Page 60591-60593]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc07-22]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0081; Directorate Identifier 2007-NM-186-AD]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing 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:

    A number of occurrences of an incorrect installation of the 
trimmable horizontal stabilizer actuator (THSA) have been found and 
reported during the accomplishment of the AIRBUS Service Bulletin 
(SB) A320-27-1164 mandated by EASA AD 2006-0223.
    These issues could lead to a degradation of the integrity of the 
THSA primary load path and to secondary load path partial or full 
engagement.

    Degradation of the THSA primary load path could result in latent 
(undetected) loading and eventual failure of the THSA secondary load 
path, with consequent uncontrolled movement of the horizontal 
stabilizer and loss of control of the airplane. The proposed AD would 
require actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: We must receive comments on this proposed AD by November 26, 
2007.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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 W12-40, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office 

between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY 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. FAA-2007-0081; 
Directorate Identifier 2007-NM-186-AD'' 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://dms.dot.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 2007-0178, dated June 22, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    A number of occurrences of an incorrect installation of the 
trimmable horizontal stabilizer actuator (THSA) have been found and 
reported during the accomplishment of the AIRBUS Service Bulletin 
(SB) A320-27-1164 mandated by EASA AD 2006-0223.
    These issues could lead to a degradation of the integrity of the 
THSA primary load path and to secondary load path partial or full 
engagement.

[[Page 60592]]

    This AD therefore mandates a one-time detailed visual inspection 
of specific parts of the THSA attachments.

    Degradation of the THSA primary load path could result in latent 
(undetected) loading and eventual failure of the THSA secondary load 
path, with consequent uncontrolled movement of the horizontal 
stabilizer and loss of control of the airplane. The corrective actions 
include doing a one-time detailed visual inspection of the lower and 
the upper THSA attachments for correct installation and the presence of 
metallic particles, contacting Airbus for repair instructions if any 
installation deviations or metallic particles are found, and doing 
repairs. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-27A1179, dated January 12, 
2007. 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 721 products of U.S. registry. We also estimate that 
it would take about 3 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $173,040, or $240 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, 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, 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

    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. FAA-2007-0081; Directorate Identifier 2007-NM-
186-AD.

Comments Due Date

    (a) We must receive comments by November 26, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus A318, A319, A320, and A321 series 
airplanes, certificated in any category, all certified models, all 
manufactured serial numbers (MSN) up to and including MSN 2860.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    A number of occurrences of an incorrect installation of the 
trimmable horizontal stabilizer actuator (THSA) have been found and 
reported during the accomplishment of the AIRBUS Service Bulletin 
(SB) A320-27-1164 mandated by EASA AD 2006-0223.
    These issues could lead to a degradation of the integrity of the 
THSA primary load path and to secondary load path partial or full 
engagement.
    This AD therefore mandates a one-time detailed visual inspection 
of specific parts of the THSA attachments.

Degradation of the THSA primary load path could result in latent 
(undetected) loading and eventual failure of the THSA secondary load 
path, with consequent uncontrolled movement of the horizontal 
stabilizer and loss of control of the airplane. The corrective 
actions include doing a one-time detailed visual inspection of the 
lower and the upper THSA attachments for correct installation and 
the presence of metallic particles, contacting Airbus for repair 
instructions if any installation deviations or metallic particles 
are found, and doing repairs.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 600 flight hours or 750 flight cycles or 100 days 
after the effective date of this AD, whichever occurs first, inspect 
the lower and the upper THSA attachments for installation deviations 
and metallic particles,

[[Page 60593]]

in accordance with Airbus Service Bulletin A320-27A1179, dated 
January 12, 2007; and, if any installation deviations or metallic 
particles are found, before further flight, contact Airbus for 
repair instructions and repair.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No Difference.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-2141; fax (425) 227-1149. Before using any approved AMOC 
on any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0178, dated 
June 22, 2007, and Airbus Service Bulletin A320-27A1179, dated 
January 12, 2007, for related information.

    Issued in Renton, Washington, on October 12, 2007.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E7-21006 Filed 10-24-07; 8:45 am]

BILLING CODE 4910-13-P
