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contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

3983 

Vol. 75, No. 16 

Tuesday, January 26, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0713; Directorate 

Identifier 2007–NM–303–AD; Amendment 

39–16180; AD 2010–02–09] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318 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: 

Some operators have reported airframe 

vibration under specific flight conditions 

including gusts. 

Investigations have revealed that under 

such conditions, vibrations may occur when 

the hinge moment of the elevator is close to 

zero, associated to elevator free-play. 

* * * * * 

The unsafe condition is excessive 

vibration of the elevators, which could 

result in reduced structural integrity 

and reduced controllability of the 

airplane. We are issuing this AD to 

require actions to correct the unsafe 

condition on these products. 

DATES: This AD becomes effective 

March 2, 2010. 

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 August 13, 2009 (74 FR 

40776). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Some operators have reported airframe 

vibration under specific flight conditions 

including gusts. 

Investigations have revealed that under 

such conditions, vibrations may occur when 

the hinge moment of the elevator is close to 

zero, associated to elevator free-play. 

* * * * * 

The unsafe condition is excessive 

vibration of the elevators, which could 

result in reduced structural integrity 

and reduced controllability of the 

airplane. The corrective action includes 

inspecting the elevators for excessive 

freeplay, and repairing the elevator or 

servo controls, if necessary. 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 comment received. The 

commenter, Airbus, states that it has no 

comment on the NPRM. 

Conclusion 

We reviewed the available data, 

including the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

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 affects 11 

products of U.S. registry. We also 

estimate that it will take about 2 workhours 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 $1,760, or $160 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; 

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3984 Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Rules and Regulations 

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, Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2010–02–09 Airbus: Amendment 39–16180. 

Docket No. FAA–2009–0713; Directorate 

Identifier 2007–NM–303–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective March 2, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Airbus Model 

A318 series airplanes; certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Some operators have reported airframe 

vibration under specific flight conditions 

including gusts. 

Investigations have revealed that under 

such conditions, vibrations may occur when 

the hinge moment of the elevator is close to 

zero, associated to elevator free-play. 

* * * * * 

The unsafe condition is excessive vibration 

of the elevators, which could result in 

reduced structural integrity and reduced 

controllability of the airplane. The corrective 

action includes inspecting the elevators for 

excessive freeplay, and repairing the elevator 

or servo controls, if necessary. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) At the later of the times specified in 

paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, 

inspect the elevators for excessive freeplay, 

using a load application tool and a spring 

scale assembly, in accordance with a method 

approved by the Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA; or the European Aviation 

Safety Agency (EASA) (or its delegated 

agent). Repeat the inspection at intervals not 

to exceed 20 months. 

Note 1: Guidance on the inspection 

procedures can be found in Task 27–34–00– 

200–001 of the Airbus A318/A319/A320/ 

A321 Aircraft Maintenance Manual (AMM). 

(i) Within 20 months since the date of 

issuance of the original French, German, or 

EASA airworthiness certificate or the date of 

issuance of the original French, German, or 

EASA export certificate of airworthiness, or 

within 3 months after the effective date of 

this AD, whichever occurs later. 

(ii) Within 20 months since the last 

inspection of the elevators for excessive 

freeplay performed in accordance with Task 

27–34–00–200–001 of the Airbus A318/ 

A319/A320/A321 AMM. 

(2) If any inspection required by paragraph 

(f)(1) of this AD indicates that the freeplay in 

the elevator exceeds 7 millimeters, before 

further flight, repair the elevator or servo 

controls in accordance with a method 

approved by the Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA; or the EASA (or its 

delegated agent). 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: 

(1) The EASA AD applies to Airbus Model 

A318, A319, A320, and A321 series 

airplanes, but the FAA AD applies only to 

Airbus Model A318 series airplanes. The 

actions required by the EASA AD for Airbus 

Model A319, A320, and A321 series 

airplanes are addressed in FAA AD 2001–16– 

09, Amendment 39–12377; and FAA AD 

2005–22–10 R1, Amendment 39–14354. 

(2) This FAA AD does not require 

modification of the elevator neutral setting as 

specified in paragraph 2. of the EASA AD 

because this modification is already part of 

the FAA-approved type design for Airbus 

Model A318 series airplanes. 

(3) This FAA AD does not require a 

detailed inspection to determine the position 

of each tail cone triangle as specified in 

paragraph 3. of the EASA AD because that 

action was already accomplished on all 

Airbus Model A318 series airplanes during 

production. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, 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. 

(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 

(h) Refer to MCAI EASA Airworthiness 

Directive 2007–0163, dated June 11, 2007, for 

related information. 

Material Incorporated by Reference 

(i) None. 

Issued in Renton, Washington, on January 

14, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–1290 Filed 1–25–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0326; Airspace 

Docket 09–ASO–15] 

Establishment of Class D and Class E 

Airspace, Modification of Class E 

Airspace; Ocala, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

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