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[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Proposed Rules]
[Pages 68548-68551]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28172]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1045; Directorate Identifier 2010-NM-101-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model 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 that would supersede an existing AD. 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:

    One case of elevator servo-control disconnection has been 
experienced on an aeroplane of the A320 family. Investigation has 
revealed that the 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 several cases, both actuators of the same elevator 
surface were affected. The root cause of the cracking has not yet 
been determined and tests are ongoing.
    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 aeroplane.
* * * * *
    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

[[Page 68549]]

DATES: We must receive comments on this proposed AD by December 23, 
2010.

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.
    For service information identified in this proposed 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. You may review copies of the referenced 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.

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-2010-1045; 
Directorate Identifier 2010-NM-101-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://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

    On August 7, 2009, we issued AD 2009-17-04, amendment 39-15995 (74 
FR 41611, August 18, 2009). That AD corresponds to the European 
Aviation Safety Agency (EASA) AD 2008-0149, dated August 5, 2008, and 
requires a one-time inspection of the elevator servo-control rod eye-
ends to detect cracking and in case of findings replacement of the 
cracked rod eye-end with a serviceable unit and readjusting the 
elevator servo-control.
    Since we issued AD 2009-17-04, the EASA, which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2010-0046, dated March 19, 2010 (referred to 
after this as ``the MCAI''), to supersede EASA AD 2008-0149 to correct 
an unsafe condition for the specified products. The MCAI states:

    One case of elevator servo-control disconnection has been 
experienced on an aeroplane of the A320 family. Investigation has 
revealed that the 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 several cases, both actuators of the same elevator 
surface were affected. The root cause of the cracking has not yet 
been determined and tests are ongoing.
    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 aeroplane.
    To address this unsafe condition, EASA AD 2008-0149 [which 
corresponds to FAA AD 2009-17-04] was issued to require a one-time 
inspection of the elevator servo-control rod eye-ends for aeroplanes 
which have accumulated more than 10,000 total Flight Cycles (FC) 
since aeroplane first flight and, in case of findings, the 
accomplishment of corrective actions. As a result of this one-time 
inspection campaign, a significant number of rod eye-ends have been 
found cracked. In addition, some cracks have been reported on rod 
eye-ends that had not yet accumulated the 10,000 FC of the 
established threshold.
    For the reason described above, this AD partially retains the 
initial inspection requirement of EASA AD 2008-0149, which is 
superseded, reduces the compliance time of the initial inspections 
and introduces a repetitive inspection program.

    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.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A320-27A1186, Revision 
05, including Appendices 1 through 6, dated March 10, 2010. 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 770 products of U.S. registry.
    The actions that are required by AD 2009-17-04 and retained in this 
proposed AD take about 13 work-hours per product, at an average labor 
rate of $85 per work hour. Based on these

[[Page 68550]]

figures, the estimated cost of the currently required actions is $1,105 
per product.
    We estimate that it would take about 12 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $785,400, or $1,020 
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, 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 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 removing amendment 39-15995 (74 FR 
41611, August 18, 2009) and adding the following new AD:

Airbus: Docket No. FAA-2010-1045; Directorate Identifier 2010-NM-
101-AD.

Comments Due Date

    (a) We must receive comments by December 23, 2010.

Affected ADs

    (b) This AD supersedes AD 2009-17-04, amendment 39-15995.

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 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 aeroplane of the A320 family. Investigation has 
revealed that the 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 several cases, both actuators of the same elevator 
surface were affected. The root cause of the cracking has not yet 
been determined and tests are ongoing.
    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 aeroplane.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of Requirements of AD 2009-17-04, With Reduced and Revised 
Compliance Times and Revised Service Information

    (g) Unless already done, do the following actions.
    (1) At the applicable times specified in paragraphs (g)(1)(i) 
and (g)(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; or the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A320-27A1186, Revision 05, dated March 10, 2010. As of the effective 
date of this AD, use only Airbus Mandatory Service Bulletin A320-
27A1186, Revision 05, dated March 10, 2010.
    (i) For airplanes that have accumulated 10,000 total flight 
cycles or more as of September 22, 2009 (the effective date of AD 
2009-17-04): At the later of the times specified in paragraphs 
(g)(1)(i)(A) and (g)(1)(i)(B) of this AD.
    (A) Within 1,500 flight cycles after September 22, 2009.
    (B) Within 1,500 flight cycles after accumulating 10,000 total 
flight cycles since first flight of the airplane.
    (ii) For airplanes that have accumulated less than 10,000 total 
flight cycles as of September 22, 2009: At the later of the times 
specified in paragraphs (g)(1)(ii)(A) and (g)(1)(ii)(B) of this AD.
    (A) Before the accumulation of 5,000 total flight cycles.
    (B) Within 20 months after the effective date of this AD but no 
later than before the accumulation of 11,500 total flight cycles.
    (2) At the applicable time specified in paragraphs (g)(2)(i) and 
(g)(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; or the Accomplishment Instructions 
of Airbus Mandatory Service Bulletin A320-27A1186, Revision 05, 
dated March 10, 2010. As of the effective date of this AD, use only 
Airbus Mandatory Service Bulletin A320-27A1186, Revision 05, dated 
March 10, 2010.
    (i) For airplanes that have accumulated 10,000 total flight 
cycles or more as of September 22, 2009: At the later of the times 
specified in paragraphs (g)(2)(i)(A) and (g)(2)(i)(B) of this AD.
    (A) Within 3,000 flight cycles after September 22, 2009.
    (B) Within 3,000 flight cycles after accumulating 10,000 total 
flight cycles since first flight of the airplane.
    (ii) For airplanes that have accumulated less than 10,000 total 
flight cycles as of September 22, 2009: At the later of the times 
specified in paragraphs (g)(2)(ii)(A) and (g)(2)(ii)(B) of this AD.
    (A) Before the accumulation of 7,500 total flight cycles.
    (B) Within 40 months after the effective date of this AD but no 
later than before the accumulation of 13,000 total flight cycles.
    (3) Submit a report of the findings of the inspection required 
by paragraphs (g)(1) and

[[Page 68551]]

(g)(2) of this AD to Airbus in accordance with the instructions of 
Airbus AOT A320-27A1186, Revision 04, dated April 3, 2009; or the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A320-27A1186, Revision 05, dated March 10, 2010; at the applicable 
time specified in paragraph (g)(3)(i) or (g)(3)(ii) of this AD. As 
of the effective date of this AD, use only Airbus Mandatory Service 
Bulletin A320-27A1186, Revision 05, dated March 10, 2010.
    (i) If the inspection was done after September 22, 2009: Submit 
the report within 40 days after the inspection.
    (ii) If the inspection was done before September 22, 2009: 
Submit the report within 40 days after September 22, 2009.

New Requirements of This AD

Actions

    (h) Repeat the inspections of the left-hand and right-hand 
inboard and outboard elevator servo-control rod eye-ends for 
cracking as required by paragraphs (g)(1) and (g)(2) of this AD at 
the later of the times specified in paragraph (h)(1) or (h)(2) of 
this AD. Repeat the inspections thereafter at intervals not to 
exceed 5,000 flight cycles.
    (1) Within 5,000 flight cycles after the last inspection 
required by paragraph (g)(1) or (g)(2) of this AD as applicable.
    (2) Within 6 months after the effective date of this AD.
    (i) If any cracking is found during any inspection required by 
this AD, before further flight, accomplish all applicable corrective 
actions in accordance with the Accomplishment Instructions and 
figures of Airbus Mandatory Service Bulletin A320-27A1186, Revision 
05, dated March 10, 2010.
    (j) As of the effective date of this AD, no person may install 
on any airplane an elevator servo-control rod eye-end unless it is 
new or has been inspected in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A320-27A1186, 
Revision 05, dated March 10, 2010, with no crack findings.
    (k) Actions done before the effective date of this AD, in 
accordance with the service information specified in Table 1 of this 
AD are acceptable for compliance with the corresponding requirements 
of paragraphs (g)(1) and (g)(2) of this AD.

                   Table 1--Credit Service Information
------------------------------------------------------------------------
          Airbus AOT--             Revision--           Dated--
------------------------------------------------------------------------
A320-27A1186....................     Original  June 23, 2008.
A320-27A1186....................           01  August 11, 2008.
A320-27A1186....................           02  March 30, 2009.
A320-27A1186....................           03  April 1, 2009.
A320-27A1186....................           04  April 3, 2009.
------------------------------------------------------------------------

FAA AD Differences

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

Other FAA AD Provisions

    (l) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, 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. AMOCs approved 
previously in accordance with AD 2009-17-04, Amendment 39-15995, are 
approved as AMOCs for the corresponding provisions of 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 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (m) Refer to MCAI EASA Airworthiness Directive 2010-0046, dated 
March 19, 2010; and Airbus Mandatory Service Bulletin A320-27A1186, 
Revision 05, dated March 10, 2010; for related information.

    Issued in Renton, Washington, on October 23, 2010.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-28172 Filed 11-5-10; 8:45 am]
BILLING CODE 4910-13-P
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