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[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Proposed Rules]               
[Page 16689-16696]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap10-21]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0279; Directorate Identifier 2009-NM-148-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. 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: Surface defects were visually detected on the rudder of 
one A319 and one A321 in-service aeroplane. Investigation has 
determined that the defects reported on both rudders corresponded to 
areas that had been reworked in production. The investigation confirmed 
that the defects were a result of de-bonding between the skin and 
honeycomb core. An extended de-bonding, if not detected and corrected, 
may degrade the structural integrity of the rudder. The loss of the 
rudder leads to degradation of the handling qualities and reduces the 
controllability of the aeroplane.
    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by May 17, 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; 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 or 
425-227-1152.

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.

[[Page 16690]]


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-2010-0279; 
Directorate Identifier 2009-NM-148-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0141, dated July 2, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Surface defects were visually detected on the rudder of one A319 
and one A321 in-service aeroplane.
    Investigation has determined that the defects reported on both 
rudders corresponded to areas that had been reworked in production. 
The investigation confirmed that the defects were a result of de-
bonding between the skin and honeycomb core.
    An extended de-bonding, if not detected and corrected, may 
degrade the structural integrity of the rudder. The loss of the 
rudder leads to degradation of the handling qualities and reduces 
the controllability of the aeroplane.
    This AD requires inspections of specific areas and, when 
necessary, the application of corrective actions for those rudders 
where production reworks have been identified.

    Inspections include vacuum loss inspections for de-bonding of the 
rudders in reinforced areas and other areas (splice/lower rib/upper 
edge/leading edge/other specified locations), and elasticity laminate 
checks for de-bonding of the rudders in the trailing edge area and 
other areas (splice/lower rib/upper edge/leading edge/other specified 
locations). Corrective actions include contacting Airbus for further 
instruction and doing the repair. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued All Operators Telex A320-55A1038, Revision 02, 
dated September 28, 2009. 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 155 products of U.S. registry. We also estimate that 
it would take about 11 work-hours per product to comply with the 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 $144,925, or $935 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:

[[Page 16691]]

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 adding the following new AD:

Airbus: Docket No. FAA-2010-0279; Directorate Identifier 2009-NM-
148-AD.

Comments Due Date

    (a) We must receive comments by May 17, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232, 
and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes; certificated in any category, all 
manufacturer serial numbers (S/Ns), if equipped with carbon fiber 
reinforced plastic rudders having part numbers (P/Ns) and S/Ns as 
listed in Table 1 of this AD.
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    Note 1: Only rudder P/N D554 71000 010 00 having affected rudder 
S/Ns TS-1069 and TS-1090 and rudder P/N D554 71000 012 00 having 
affected rudder S/N TS-1227, have a core density of 24 kilogram 
(kg)/meters cubed (m[sup3]).

Subject

    (d) Air Transport Association (ATA) of America Code 55: 
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Surface defects were visually detected on the rudder of one A319 
and one A321 in-service aeroplane.
    Investigation has determined that the defects reported on both 
rudders corresponded to areas that had been reworked in production. 
The investigation confirmed that the defects were a result of de-
bonding between the skin and honeycomb core.
    An extended de-bonding, if not detected and corrected, may 
degrade the structural integrity of the rudder. The loss of the 
rudder leads to degradation of the handling qualities and reduces 
the controllability of the aeroplane.
    This AD requires inspections of specific areas and, when 
necessary, the application of corrective actions for those rudders 
where production reworks have been identified.
    Inspections include vacuum loss inspections for de-bonding of 
the rudders in reinforced areas and other areas (splice/lower rib/
upper edge/leading edge/other specified locations), and elasticity 
laminate checks for de-bonding of the rudders in the trailing edge 
area and other areas (splice/lower rib/upper edge/leading edge/other 
specified locations). Corrective actions include contacting Airbus 
for further instruction and doing the repair.

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.

Actions

    (g) For rudders with a honeycomb core density of 24 kg/m[sup3] 
(rudder P/N D554 71000 010 00 having affected rudder S/Ns TS-1069 
and TS-1090 and rudder P/N D554 71000 012 00 having affected rudder 
S/N TS-1227), do the actions specified in paragraphs (g)(1), (g)(2), 
(g)(3), and (g)(4) of this AD, in accordance with Airbus All 
Operators Telex (AOT) A320-55A1038, Revision 02, dated September 28, 
2009, for the locations defined in the AOT.
    (1) Within 200 days after the effective date of this AD, perform 
a vacuum loss inspection on the rudder reinforced area.
    (2) Within 20 months after the effective date of this AD, 
perform an elasticity laminate checker inspection on the rudder 
trailing edge area. Repeat the inspection two times, at intervals 
not to exceed 4,500 flight cycles but not sooner than 4,000 flight 
cycles after the last inspection.
    (3) Within 200 days after the effective date of this AD, perform 
an elasticity laminate checker inspection of the other areas 
(splice/lower rib/upper edge/leading edge/and other specified 
locations). Repeat the inspection at intervals not to exceed 1,500 
flight cycles or 200 days, whichever comes first.
    (4) Within 20 months after the effective date of this AD, 
perform a vacuum loss inspection of the other areas (splice/lower 
rib/upper edge/leading edge/other specified locations). 
Accomplishment of the action specified in paragraph (g)(4) of this 
AD terminates the requirements of paragraph (g)(3) of this AD.
    (h) For rudders that do not have a honeycomb core density of 24 
kg/m[sup3] (all rudders identified in Table 1 of this AD, except: 
Rudder P/N D554 71000 010 00 having affected rudder S/Ns TS-1069 and 
TS-1090 and rudder P/N D554 71000 012 00 having affected rudder S/N 
TS-1227), do the actions specified in paragraphs (h)(1), (h)(2), 
(h)(3), and (h)(4) of this AD, in accordance with Airbus AOT A320-
55A1038, Revision 02, dated September 28, 2009, for the locations 
defined in the AOT. For this AD, ``reference date'' is defined as 
the effective date of this AD or the date when the rudder will 
accumulate 20,000 total flight cycles from its first installation on 
an airplane, whichever occurs later.
    (1) Within 200 days after the reference date, perform a vacuum 
loss inspection on the rudder reinforced area.
    (2) Within 20 months after the reference date, perform an 
elasticity laminate checker inspection on the rudder trailing edge 
area. Repeat the inspection two times at intervals not to exceed 
4,500 flight cycles but not sooner than 4,000 flight cycles after 
the last inspection.
    (3) Within 200 days after the reference date, perform an 
elasticity laminate checker inspection of the other areas (splice/
lower rib/upper edge/leading edge/other specified locations). Repeat 
the inspection at intervals not to exceed 1,500 flight cycles or 200 
days, whichever comes first.
    (4) Within 20 months after the reference date, perform a vacuum 
loss inspection of the other areas (splice/lower rib/upper edge/
leading edge/other specified locations). Accomplishment of the 
actions specified in this paragraph terminates the requirements of 
paragraph (h)(3) of this AD.
    (i) In case of de-bonding found during any inspection required 
by paragraph (g) or (h) of this AD, before further flight, contact 
Airbus for further instructions and apply the associated 
instructions and corrective actions in accordance with the approved 
data provided.
    (j) At the applicable time specified in paragraph (j)(1) or 
(j)(2) of this AD, submit a report of the findings (both positive 
and negative), of each inspection required by paragraphs (g) and (h) 
of this AD. The report must include the inspection results, as 
specified in Airbus Technical Disposition TD/K4/S2/27086/2009, Issue 
E, dated September 17, 2009. For positive findings, submit the 
report to the Manager, Seer1/

[[Page 16696]]

Seer2/Seer3 Customer Services; fax +33 (0)5 61 93 28 73; e-mail 
region1.structurerepairsupport@airbus.com, 
region2.structurerepairsupport@airbus.com, or 
region3.structurerepairsupport@airbus.com. For negative findings, 
submit the report to Nicolas Seynaeve, Sees1, Customer Services; 
telephone +33 (0)5 61 93 34 38; fax +33 (0)5 61 93 36 14; e-mail 
nicolas.seynaeve@airbus.com.
    (1) For any inspection done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) For any inspection done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.
    (k) All rudders that have passed the inspection specified in 
paragraphs (g)(1), (g)(2), (g)(3), (g)(4), (h)(1), (h)(2), (h)(3), 
and (h)(4) of this AD, before the effective date of this AD in 
accordance with Airbus AOT A320-55A1038, dated April 22, 2009; AOT 
A320-55A1038, Revision 01, dated June 10, 2009; or Airbus Technical 
Disposition TD/K4/S2/27051/2009, Issue B, dated February 25, 2009; 
are compliant with this AD for the areas inspected; except 
additional areas requiring inspection, as defined in Section 0, 
``Reason for Revision,'' of Airbus AOT A320-55A1038, Revision 02, 
dated September 28, 2009, must be inspected as specified in 
paragraph (g) or (h) of this AD. For all areas, the repetitive 
inspections required by paragraph (g) or (h) of this AD remain 
applicable.
    (l) After the effective date of this AD, no rudder listed in 
Table 1 of this AD may be installed on any airplane, unless the 
rudder is in compliance with the requirements of this AD.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (m) 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 (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

    (n) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2009-0141, dated July 2, 2009; Airbus All Operators Telex 
A320-55A1038, Revision 02, dated September 28, 2009; and Airbus 
Technical Disposition TD/K4/S2/27086/2009, Issue E, dated September 
17, 2009; for related information.

    Issued in Renton, Washington, on March 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-7461 Filed 4-1-10; 8:45 am]
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