[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Rules and Regulations]
[Pages 12072-12075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4382]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26516; Directorate Identifier 2006-NM-173-AD; 
Amendment 39-14983; AD 2007-06-02]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all Airbus Model A318-100 and A319-100 series 
airplanes, Model A320-111 airplanes, and Model A320-200, A321-100, and 
A321-200 series airplanes. That AD currently requires repetitive 
inspections of the upper and lower attachments of the trimmable 
horizontal stabilizer actuator (THSA) to measure for proper

[[Page 12073]]

clearance and to detect cracks, damage, and metallic particles. The 
existing AD also requires corrective actions, if necessary, and reports 
of inspection findings. This new AD shortens the repetitive interval 
for inspecting the upper THSA attachment. This AD results from new test 
results on the secondary load path, which indicated the need to shorten 
the repetitive interval for inspecting the upper THSA attachment. We 
are issuing this AD to detect and correct failure of the THSA's primary 
load path, which could result in latent (undetected) loading and 
eventual failure of the THSA's secondary load path and consequent 
uncontrolled movement of the horizontal stabilizer and loss of control 
of the airplane.

DATES: This AD becomes effective April 19, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of Airbus Service Bulletin A320-27-1164, Revision 04, 
including Appendix 01, dated July 17, 2006, as of April 19, 2007.
    On May 5, 2006 (71 FR 16203, March 31, 2006), the Director of the 
Federal Register approved the incorporation by reference of Airbus 
Service Bulletin A320-27-1164, Revision 03, including Appendix 01, 
dated August 24, 2005.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this AD.

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

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2006-07-09, amendment 
39-14536 (71 FR 16203, March 31, 2006). The existing AD applies to all 
Airbus Model A318-100 and A319-100 series airplanes, Model A320-111 
airplanes, and Model A320-200, A321-100, and A321-200 series airplanes. 
That NPRM was published in the Federal Register on December 8, 2006 (71 
FR 71103). That NPRM proposed to continue to require the existing 
actions (repetitive inspections of the upper and lower attachments of 
the trimmable horizontal stabilizer actuator (THSA) to measure for 
proper clearance and to detect cracks, damage, and metallic particles; 
corrective actions, if necessary; and reports of inspection findings). 
That NPRM proposed to shorten the repetitive interval for inspecting 
the upper THSA attachment.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the NPRM.

Request To Extend Repetitive Interval

    The NPRM proposed to reduce the existing repetitive interval for 
inspecting the upper attachment--from 20 months to 10 months. Agreeing 
with the intent of the AD, Northwest Airlines nonetheless requests that 
we change this inspection interval to 11 months. The commenter reports 
that Northwest Airlines' inspection of 139 affected airplanes during 
accomplishment of AD 2006-07-09 has revealed no findings. Northwest 
Airlines is currently working with Airbus to better understand the 
reasons for the reduced inspection interval for the upper attachment. 
Northwest Airlines' current L-check interval is 21.5 months. The 
commenter therefore feels that an inspection interval of 11 months for 
the upper attachment would allow Northwest Airlines to accomplish 
alternate inspections in a hangar, and yet fulfill the intent of the 
AD. The commenter explains that a hangar environment would allow the 
use of a more effective, specialized workforce, and reduce the impact 
of correcting any finding.
    We disagree with the request to extend the compliance time. The 
absence of positive findings alone does not justify an extension of the 
compliance time in this case. The 10-month inspection interval for the 
upper attachment is based on the results of Airbus's tests of the 
endurance of the secondary load path under simulated loads. Northwest 
Airlines did not provide any data that would support the extension of 
the compliance time. We have not changed the final rule.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD, per inspection cycle.

                                                                     Estimated Costs
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                                                                                                                        Number of U.S.-
                             Work hours                               Average labor        Parts           Cost per        registered       Fleet cost
                                                                      rate per hour                        airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..................................................................             $80             None              $80              700          $56,000
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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

[[Page 12074]]

because it addresses an unsafe condition that is likely to exist or 
develop on products identified in this rulemaking action.

Regulatory Findings

    We have 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14536 (71 FR 16203, March 31, 2006) and by adding 
the following new airworthiness directive (AD):

2007-06-02 Airbus: Amendment 39-14983. Docket No. FAA-2006-26516; 
Directorate Identifier 2006-NM-173-AD.

Effective Date

    (a) This AD becomes effective April 19, 2007.

Affected ADs

    (b) This AD supersedes AD 2006-07-09.

Applicability

    (c) This AD applies to all Airbus Model A318, A319, A320, and 
A321 airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from new test results on the secondary load 
path, which indicated the need to shorten the repetitive interval 
for inspecting the upper attachment of the trimmable horizontal 
stabilizer actuator (THSA). We are issuing this AD to detect and 
correct failure of the THSA's primary load path, which could result 
in latent (undetected) loading and eventual failure of the THSA's 
secondary load path and consequent uncontrolled movement of the 
horizontal stabilizer and loss of control of the airplane.

Compliance

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

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Repetitive Inspections: Lower THSA Attachment

    (f) Within 20 months since first flight of the airplane, or 
within 600 flight hours after May 5, 2006 (the effective date of AD 
2006-07-09), whichever occurs later: Do detailed inspections of the 
lower THSA attachments for proper clearances, and do related 
corrective actions as applicable, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-27-1164, 
Revision 03, including Appendix 01, dated August 24, 2005; or 
Revision 04, including Appendix 01, dated July 17, 2006. After the 
effective date of this AD, only Revision 04 of the service bulletin 
may be used. Do corrective actions before further flight. Repeat the 
inspection thereafter at intervals not to exceed 20 months.

Repetitive Inspections: Upper THSA Attachment

    (g) At the earlier of the times specified in paragraphs (g)(1) 
and (g)(2) of this AD: Do detailed inspections of the upper THSA 
attachment for cracks, damage, or metallic particles, and do related 
corrective actions as applicable, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-27-1164, 
Revision 04, including Appendix 01, dated July 17, 2006, except as 
required by paragraph (h) of this AD. Do corrective actions before 
further flight. Repeat the inspections thereafter at intervals not 
to exceed 10 months.
    (1) At the latest of the times specified in paragraphs 
(g)(1)(i), (g)(1)(ii), and (g)(1)(iii) of this AD.
    (i) Within 10 months since the first flight of the airplane.
    (ii) Within 10 months after the most recent inspection of the 
upper THSA attachment done in accordance with Airbus Service 
Bulletin A320-27-1164, Revision 02, including Appendix 01, dated 
March 30, 2005; Revision 03, including Appendix 01, dated August 24, 
2005; or Revision 04, including Appendix 01, dated July 17, 2006.
    (iii) Within 100 days after the effective date of this AD.
    (2) Within 20 months after the most recent inspection of the 
upper THSA attachment done in accordance with Airbus Service 
Bulletin A320-27-1164, Revision 02, including Appendix 01, dated 
March 30, 2005; Revision 03, including Appendix 01, dated August 24, 
2005; or Revision 04, including Appendix 01, dated July 17, 2006.

Repair Exceptions

    (h) If any metallic particles are detected during any inspection 
required by paragraph (g) of this AD: Repair the damage before 
further flight in accordance with a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
the Direction Generale de l'Aviation Civile (DGAC) (or its delegated 
agent); or the European Aviation Safety Agency (EASA) (or its 
delegated agent).

Acceptable Prior Actions

    (i) Inspections of the lower THSA attachment done before May 5, 
2006, in accordance with Airbus Alert Service Bulletin A320-27A1164, 
dated September 10, 2004; or Airbus Service Bulletin A320-27-1164, 
Revision 01, including Appendix 01, dated December 17, 2004; are 
acceptable for compliance with the inspection requirements of 
paragraph (f) of this AD.
    (j) Actions done before the effective date of this AD in 
accordance with Airbus Service Bulletin A320-27-1164, Revision 02, 
including Appendix 01, dated March 30, 2005; or Revision 03, 
including Appendix 01, dated August 24, 2005; are acceptable for 
compliance with the corresponding requirements of paragraphs (f) and 
(g) of this AD.

Inspection Reports

    (k) At the applicable time specified in paragraph (k)(1) or 
(k)(2) of this AD, send a report of the positive findings of all 
inspections required by paragraphs (f) and (g) of this AD to Airbus, 
1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. The 
report must include the inspection results, a description of any 
discrepancies found, the airplane serial number, and the number of 
landings and flight hours on the airplane. Using Appendix 01 of 
Airbus Service Bulletin A320-27-1164, Revision 02, dated March 30, 
2005; Revision 03, dated August 24, 2005; or Revision 04, dated July 
17, 2006; is an acceptable method to comply with this paragraph. 
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 contained in this AD and has 
assigned OMB Control Number 2120-0056.
    (1) For any inspection done before the effective date of this 
AD: Send the report

[[Page 12075]]

within 30 days after the effective date of this AD.
    (2) For any inspection done after the effective date of this AD: 
Send the report within 30 days after the inspection.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, International Branch, ANM-116, has the 
authority to approve AMOCs for this AD, if requested in accordance 
with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (m) EASA airworthiness directive 2006-0223, dated July 21, 2006, 
also addresses the subject of this AD.

Material Incorporated by Reference

    (n) You must use Airbus Service Bulletin A320-27-1164, Revision 
03, including Appendix 01, dated August 24, 2005; or Airbus Service 
Bulletin A320-27-1164, Revision 04, including Appendix 01, dated 
July 17, 2006; as applicable; to perform the actions that are 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Airbus Service Bulletin A320-27-1164, 
Revision 04, including Appendix 01, dated July 17, 2006, in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) On May 5, 2006 (71 FR 16203, March 31, 2006), the Director 
of the Federal Register approved the incorporation by reference of 
Airbus Service Bulletin A320-27-1164, Revision 03, including 
Appendix 01, dated August 24, 2005.
    (3) Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France, for a copy of this service information. You may 
review copies at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 2, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-4382 Filed 3-14-07; 8:45 am]
BILLING CODE 4910-13-P