
[Federal Register: August 18, 2009 (Volume 74, Number 158)]
[Rules and Regulations]
[Page 41611-41613]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au09-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0004; Directorate Identifier 2008-NM-160-AD;
Amendment 39-15995; AD 2009-17-04]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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:

    One case of elevator servo-control disconnection has been
experienced on an aircraft of the A320 family. Failure occurred at
the servo-control rod eye-end. Further to this finding, additional
inspections have revealed cracking at the same location on a number
of other servo-control rod eye-ends. In one case, both actuators of
the same elevator surface were affected. * * *
    A dual servo-control 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.
* * * * *

    We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective September 22, 2009.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
22, 2009.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on January 13, 2009 (74
FR 1646). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    One case of elevator servo-control disconnection has been
experienced on an aircraft of the A320 family. Failure occurred at
the servo-control rod eye-end. Further to this finding, additional
inspections have revealed cracking at the same location on a number
of other servo-control rod eye-ends. In one case, both actuators of
the same elevator surface were affected. The root cause of the
cracking has not yet been determined and tests are ongoing. It is
anticipated that further actions will be required.
    A dual servo-control 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.
    For the reason described above, this AD requires a one-time
inspection [for cracking] of the elevator servo-control rod eye-ends
and, in case of findings, the accomplishment of corrective actions.

The corrective actions include replacing any cracked rod eye-end with a
serviceable unit and re-adjusting the elevator servo-control. You may
obtain further information by examining the MCAI in the AD docket.

Explanation of Revised Service Information

    Airbus has issued All Operators Telex (AOT) A320-27A1186, Revision
04, dated April 3, 2009. (We referred to Airbus AOT A320-27A1186, dated
June 23, 2008, in the NPRM as the appropriate source of service
information for doing the proposed actions.) Airbus has also issued AOT
A320-27A1186, Revision 01, dated August 11, 2008; Revision 02, dated
March 30, 2009; and Revision 03, dated April 1, 2009. Airbus issued
Revision 01, Revision 03, and Revision 04 of the AOT to include minor
improvements in the procedures. No additional work is necessary for
airplanes on which Airbus AOT A320-27A1186, dated June 23, 2008;
Revision 01, dated August 11, 2008; Revision 02, dated March 30, 2009;
or Revision 03, dated April 1, 2009; has been accomplished before the
effective date of this AD. We have revised paragraphs (f)(1) through
(f)(5), and paragraph (h) of this AD, to include Airbus AOT A320-
27A1186, Revision 04, dated April 3, 2009. We have also added a new
paragraph (f)(6) to this AD to include credit for accomplishing the
actions before the effective date of this AD using the previously
issued AOTs.
    Airbus AOT A320-27A1186, Revision 02, dated March 30, 2009, reduces
the

[[Page 41612]]

minimum threshold for inspections from 10,000 to 2,500 flight cycles,
based on in service findings. Due to the criticality of the unsafe
condition, we have determined that this AD must be issued without
further delay; however, after this AD is published we might consider
additional rulemaking to address the reduced compliance time.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Revise Work Instructions

    Northwest Airlines (NWA) asks that we require Airbus to rewrite the
work instructions specified in Airbus AOT A320-27A1186, dated June 23,
2008. NWA states that the work steps are not written in a manner that
is easily transferable to work cards, such as would normally be
provided with a service bulletin. NWA adds that most of the work steps
are provided in multiple references that must be extracted and properly
sequenced so that the intent of the AOT can be accomplished.
    We acknowledge NWA's concern. We note that Airbus has issued
revisions to AOT A320-27A1186 as described above under ``Explanation of
Revised Service Information.'' However, we disagree that Airbus should
revise AOT A320-27A1186 again because we have determined that actions
done in accordance with Airbus AOT A320-27A1186, dated June 23, 2008;
Revision 01, dated August 11, 2008; Revision 02, dated March 30, 2009;
and Revision 03, dated April 1, 2009; or Revision 04, dated April 3,
2009; are adequate to address the identified unsafe condition.
Therefore, we have made no change to the AD in this regard.

Request To Remove Reporting Requirement

    NWA also asks that the reporting requirement not be included. NWA
states that it sees the value in reporting confirmed findings, but if
there are no findings the reporting requirement offers no improvement
in safety.
    We disagree with NWA. We have determined that reporting both
positive and negative inspection findings will enable the manufacturer
to obtain better insight into the prevalence of the cracking. Reporting
all findings will allow the manufacturer to conduct statistical
analyses on a continuous basis rather than waiting for the compliance
time to expire, which may be several years for certain airplanes.
Access to all findings will help the manufacturer to develop final
action to address the identified unsafe condition in an expeditious
manner. We have made no change to the AD in this regard.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a note within the AD.

Costs of Compliance

    We estimate that this AD will affect 730 products of U.S. registry.
We also estimate that it will take about 13 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Based on these figures, we estimate the cost of
this AD to the 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, 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 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 this AD:
    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 AD and placed it in the AD docket.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
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 AD:

2009-17-04 Airbus: Amendment 39-15995. Docket No. FAA-2009-0004;
Directorate Identifier 2008-NM-160-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective
September 22, 2009.

[[Page 41613]]

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318-111, -112, -121, and -
122; A319-111, -112, -113, -114, -115, -131, -132, and -133; A320-
111, -211, -212, -214, -231, -232, -233; and A321-111, -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:

    One case of elevator servo-control disconnection has been
experienced on an aircraft of the A320 family. Failure occurred at
the servo-control rod eye-end. Further to this finding, additional
inspections have revealed cracking at the same location on a number
of other servo-control rod eye-ends. In one case, both actuators of
the same elevator surface were affected. The root cause of the
cracking has not yet been determined and tests are ongoing. It is
anticipated that further actions will be required.
    A dual servo-control 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.
    For the reason described above, this AD requires a one-time
inspection [for cracking] of the elevator servo-control rod eye-ends
and, in case of findings, the accomplishment of corrective actions.

The corrective actions include replacing any cracked rod eye-end
with a serviceable unit and re-adjusting the elevator servo-control.

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 left-hand and right-hand inboard elevator servo-control rod
eye-ends for cracking, in accordance with the instructions of Airbus
All Operators Telex (AOT) A320-27A1186, Revision 04, dated April 3,
2009.
    (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 left-hand and right-hand outboard elevator servo-control
rod eye-ends for cracking, in accordance with the instructions of
Airbus AOT A320-27A1186, Revision 04, dated April 3, 2009.
    (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, Revision 04, dated April 3, 2009.
    (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 A320-27A1186, Revision 04, dated
April 3, 2009; at the applicable time specified in paragraph
(f)(4)(i) or (f)(4)(ii) of this AD.
    (i) If the inspection was done after the effective date of this
AD: Submit the report within 40 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 40 days after the effective date
of this AD.
    (5) As of the effective date of this AD, no person may install
on any airplane an elevator servo-control rod eye-end unless it has
been inspected in accordance with the instructions of Airbus AOT
A320-27A1186, Revision 04, dated April 3, 2009.
    (6) Actions done before the effective date of this AD in
accordance with Airbus AOT A320-27A1186, dated June 23, 2008;
Revision 01, dated August 11, 2008; Revision 02, dated March 30,
2009; or Revision 03, dated April 1, 2009; are acceptable for
compliance with the corresponding actions required by this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

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, Transport Airplane Directorate, 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 European Aviation Safety Agency Airworthiness
Directive 2008-0149, dated August 5, 2008; and Airbus AOT A320-
27A1186, Revision 04, dated April 3, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Airbus All Operators Telex A320-27A1186,
Revision 04, dated April 3, 2009, to do the actions required by this
AD, unless the AD specifies otherwise. (The document number and
issue date of Airbus AOT A320-27A1186, Revision 04, dated April 3,
2009, are specified only on the first page of the AOT.)
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; e-mail: account.airworth-eas@airbus.com; Internet
http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on August 7, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-19636 Filed 8-17-09; 8:45 am]

BILLING CODE 4910-13-P
