```

[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Rules and Regulations]
[Pages 49795-49797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23093]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0390; Directorate Identifier 2007-NM-260-AD; 
Amendment 39-16028; AD 2009-20-05]
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.

-----------------------------------------------------------------------

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:

    Several cases of cracks on the main landing gear (MLG) door 
hinge fitting and MLG door actuator fitting on the keel beam were 
reported.
    Such failure could lead to the loss [of] the MLG door and could 
cause damage to the aircraft and/or hazard to persons or property on 
the ground.
* * * * *

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

DATES: This AD becomes effective November 3, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 3, 
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 9, 2008 (73 
FR 1556). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Several cases of cracks on the main landing gear (MLG) door 
hinge fitting and MLG door actuator fitting on the keel beam were 
reported.
    Such failure could lead to the loss [of] the MLG door and could 
cause damage to the aircraft and/or hazard to persons or property on 
the ground.
    This Airworthiness Directive (AD) mandates a onetime detailed 
visual inspection (DVI) and special detailed inspection (SDI) of the 
MLG door hinge fitting and actuator fitting.

The inspections are for cracking, damage, correct installation, and 
correct adjustment. The corrective actions include correcting incorrect 
adjustments and installations, and contacting Airbus for instructions 
to repair damage and cracking. You may obtain further information by 
examining the MCAI in the AD docket.

Comments

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

Request for Partial Credit for Inspections

    Air Transport Association (ATA) on behalf of its member Northwest 
Airlines (NWA) requests that the AD give partial credit for inspections 
previously accomplished in accordance with Airworthiness Limitation 
Item (ALI) Task 533154-02-1. NWA specifies that after the ALI task is 
accomplished, full compliance would then require that certain aircraft 
maintenance manual (AMM) actions also be performed within the time 
limits specified in the NPRM. The AMM actions include confirmation that 
the door actuator and door hinge are correctly installed and adjusted, 
and that ``A'' and ``H'' dimensions are correct as specified in the 
service information referred to in the NPRM.
    We disagree with the request to change the AD to give partial 
credit for accomplishing the ALI task. If the actions specified in the 
ALI task are exactly the same as certain inspection requirements of the 
AD, then the operator would be in compliance with the corresponding 
requirements of the AD, as specified in paragraph (f) of the NPRM, 
which says, ``Unless already done, do the following actions.'' In order 
to receive credit for accomplishing the actions, an operator would need 
to provide verification, in accordance with the maintenance recording 
requirements specified in Section 121.380 of the Federal Aviation 
Regulations (14 CFR 121.380). However, if the actions specified in the 
ALI task are not exactly the same then, under the provisions of 
paragraph (g)(1) of the final rule, we will consider requests for 
approval of an alternative method of compliance (AMOC) if sufficient 
data are submitted to substantiate that the alternative method would 
provide an acceptable level of safety. We have not changed the AD in 
this regard.

Request To Clarify Root Cause of Cracking

    ATA and NWA state that improper rigging might not be the root cause 
of the cracking identified in the NPRM. NWA states that Airbus 
identified proper rigging of the main landing gear (MLG) door in 
accordance with the recently revised AMM as corrective action for 
preventing cracking. NWA states that it has been rigging the MLG door 
on its Airbus Model A319 and A320 series airplanes for many years 
before the AMM was revised and has had no known cracking at this 
location. Therefore, NWA questions whether or not the root cause of the 
cracking is due to improper rigging.
    We acknowledge that NWA has had no known cracking at this location, 
but note that, according to Airbus, several cases of cracked structures 
due to improper rigging have been found elsewhere in the fleet. 
Improper rigging

[[Page 49796]]

of the MLG door has been identified as one possible cause of the 
cracking and, therefore, re-rigging will help prevent future 
occurrences of cracking. We have not changed the AD in this regard.

Request To Remove Reporting Requirement

    ATA and NWA state that the reporting requirements should be changed 
so that only positive crack inspection results are provided to Airbus. 
NWA notes that Airbus Mandatory Service Bulletin A320-53-1195, Revision 
02, dated April 5, 2007; and Airbus Mandatory Service Bulletin A320-53-
1196, Revision 01, dated November 29, 2006; currently require reporting 
of all inspection results to Airbus, whether there are findings or not. 
NWA believes it is an unnecessary burden to report negative findings.
    We disagree with removing the requirement to report negative 
findings. Reporting of both positive and negative findings is necessary 
to determine the scope of the problem and decide future actions. 
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. However, we agree that some relief is appropriate 
regarding negative findings. We have added a new paragraph (f)(4) to 
this AD to specify that operators have 30 days to report negative 
findings. We have also revised paragraphs (f)(1) and (f)(2) of this AD 
to refer to paragraph (f)(4) of this AD. We have also revised 
applicable paragraphs of this AD to refer to Appendix 01 of Airbus 
Mandatory Service Bulletin A320-53-1195, Revision 02, dated April 5, 
2007; and Airbus Mandatory Service Bulletin A320-53-1196, Revision 01, 
dated November 29, 2006. Appendix 01 contains instructions for 
reporting findings.

Additional Clarifications to This AD

    We have revised paragraphs (f)(1) and (f)(2) of this AD to clarify 
the references regarding the service information necessary to do the 
required action.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD changes described previously. We also 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 641 products of U.S. registry. 
We also estimate that it will take 28 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 $1,435,840, or $2,240 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 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:

2009-20-05 Airbus: Amendment 39-16028. Docket No. FAA-2007-0390; 
Directorate Identifier 2007-NM-260-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
3, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318, A319, A320, and A321 
series airplanes, all certified models, certificated in any 
category, all serial numbers up to manufacturer's serial number 
(MSN) 2850 inclusive, except MSNs 0115, 0184, 0782, 1151, 1190, 
2650, 2675, 2706, 2801, and 2837.

[[Page 49797]]

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Several cases of cracks on the main landing gear (MLG) door 
hinge fitting and MLG door actuator fitting on the keel beam were 
reported.
    Such failure could lead to the loss [of] the MLG door and could 
cause damage to the aircraft and/or hazard to persons or property on 
the ground.
    This Airworthiness Directive (AD) mandates a onetime detailed 
visual inspection (DVI) and special detailed inspection (SDI) of the 
MLG door hinge fitting and actuator fitting.

The inspections are for cracking, damage, correct installation, and 
correct adjustment. The corrective actions include correcting 
incorrect adjustments and installations, and contacting Airbus for 
instructions to repair damage and cracking.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the latest of the times specified in paragraphs 
(f)(1)(i), (f)(1)(ii), and (f)(1)(iii) of this AD, perform detailed 
visual, high frequency eddy current (HFEC), and ultrasonic 
inspections (for cracking, damage, correct installation, and correct 
adjustment, as applicable) of the left hand (LH) and right hand (RH) 
MLG door actuator fitting on the keel beam, and do all applicable 
corrective actions before further flight, except as provided by 
paragraph (f)(4) of this AD. Do all actions required by this 
paragraph in accordance with the Accomplishment Instructions of 
Airbus Mandatory Service Bulletin A320-53-1195, Revision 02, 
including Appendix 01, dated April 5, 2007, except where that 
service bulletin specifies the applicable corrective action is 
contacting Airbus, contact Airbus for repair instructions and repair 
before further flight.
    (i) Within 6,000 flight cycles since first flight.
    (ii) Within 1,500 flight cycles after the effective date of this 
AD.
    (iii) Within 6,000 flight cycles from the latest MLG door 
actuator fitting replacement.
    (2) At the later of the times specified in paragraphs (f)(2)(i) 
and (f)(2)(ii) of this AD, perform detailed visual and HFEC 
inspections (for cracking, damage, correct installation, and correct 
adjustment, as applicable) of the LH and RH MLG door hinge fitting 
on the keel beam, and do all applicable corrective actions before 
further flight, except as provided by paragraph (f)(4) of this AD. 
Do all actions required by this paragraph in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A320-53-1196, Revision 01, including Appendix 01, dated November 29, 
2006, except where that service bulletin specifies the applicable 
corrective action is contacting Airbus, contact Airbus for repair 
instructions and repair before further flight.
    (i) Within 4,500 flight cycles since first flight.
    (ii) Within 1,500 flight cycles after the effective date of this 
AD.
    (3) Actions done before the effective date of this AD in 
accordance with the applicable service bulletins listed in 
paragraphs (f)(3)(i), (f)(3)(ii), and (f)(3)(iii) of this AD are 
acceptable for compliance with the corresponding actions required by 
this AD.
    (i) Airbus Mandatory Service Bulletin A320-53-1195, dated June 
23, 2006.
    (ii) Airbus Mandatory Service Bulletin A320-53-1195, Revision 
01, dated November 29, 2006.
    (iii) Airbus Mandatory Service Bulletin A320-53-1196, dated June 
23, 2006.
    (4) Where the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A320-53-1195, Revision 02, including Appendix 01, 
dated April 5, 2007, or Airbus Mandatory Service Bulletin A320-53-
1196, Revision 01, including Appendix 01, dated November 29, 2006, 
specify to submit a report where no damage or crack is found during 
of the inspection required by paragraph (f)(1) or (f)(2) of this AD: 
Send the report to Airbus using the applicable reporting sheet in 
Appendix 01 of Airbus Mandatory Service Bulletin A320-53-1195, 
Revision 02, dated April 5, 2007, or Airbus Mandatory Service 
Bulletin A320-53-1196, Revision 01, dated November 29, 2006. Send 
the report at the applicable time specified in paragraph (f)(4)(i) 
or (f)(4)(ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of 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 principal maintenance inspector (PMI) or principal 
avionics inspector (PAI), as appropriate, or lacking a principal 
inspector, your local Flight Standards District Office. The AMOC 
approval letter must specifically reference this AD.
    (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 (EASA) 
Airworthiness Directive 2007-0161, dated June 11, 2007; Airbus 
Mandatory Service Bulletin A320-53-1195, Revision 02, including 
Appendix 01, dated April 5, 2007; and Airbus Mandatory Service 
Bulletin A320-53-1196, Revision 01, including Appendix 01, dated 
November 29, 2006; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A320-53-1195, 
Revision 02, including Appendix 01, dated April 5, 2007; and Airbus 
Mandatory Service Bulletin A320-53-1196, Revision 01, including 
Appendix 01, dated November 29, 2006; as applicable; to do the 
actions required by this AD, unless the AD specifies otherwise.
    (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; fax +33 5 61 93 44 51; e-mail: 
[email protected]; 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 September 15, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-23093 Filed 9-28-09; 8:45 am]
BILLING CODE 4910-13-P
```