[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Rules and Regulations]
[Pages 41611-41613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19636]


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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: <a href="/cdn-cgi/l/email-protection#f29391919d879c86dc939b80859d80869adf979381b2939b80908781dc919d9f"><span class="__cf_email__" data-cfemail="264745454953485208474f54514954524e0b43475566474f544453550845494b">[email protected]</span></a>; 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


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