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[Federal Register Volume 74, Number 8 (Tuesday, January 13, 2009)]
[Proposed Rules]
[Pages 1646-1649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-456]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0004; Directorate Identifier 2008-NM-160-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

[[Page 1647]]

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 aircraft of the A320 family. 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 one case, both actuators of 
the same elevator surface were affected. * * *
    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 aircraft.
* * * * *
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 February 12, 
2009.

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: [email protected]; 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.

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-2009-0004; 
Directorate Identifier 2008-NM-160-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0149, dated August 5, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    One case of elevator servo-control disconnection has been 
experienced on an aircraft of the A320 family. 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 one case, both actuators of 
the same elevator surface were affected. The root cause of the 
cracking has not yet been determined and tests are ongoing. It is 
anticipated that further actions will be required.
    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 aircraft.
    For the reason described above, this AD requires a one-time 
inspection [for cracking] of the elevator servo-control rod eye-ends 
and, in case of findings, the accomplishment of corrective actions.

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 All Operators Telex A320-27A1186, dated June 23, 
2008. 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 730 products of U.S. registry. We also estimate that 
it would take about 13 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $759,200, or $1,040 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,

[[Page 1648]]

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 adding the following new AD:

Airbus: Docket No. FAA-2009-0004; Directorate Identifier 2008-NM-
160-AD.

Comments Due Date

    (a) We must receive comments by February 12, 2009.

Affected ADs

    (b) None.

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 series 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 aircraft of the A320 family. 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 one case, both actuators of 
the same elevator surface were affected. The root cause of the 
cracking has not yet been determined and tests are ongoing. It is 
anticipated that further actions will be required.
    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 aircraft.
    For the reason described above, this AD requires a one-time 
inspection [for cracking] of the elevator servo-control rod eye-ends 
and, in case of findings, the accomplishment of corrective actions.

The corrective actions include replacing any cracked rod eye-end 
with a serviceable unit and re-adjusting the elevator servo-control.

Actions and Compliance

    (f) Unless already done after the accumulation of 10,000 total 
flight cycles since first flight of the airplane, do the following 
actions.
    (1) Not before the accumulation of 10,000 total flight cycles 
since first flight of the airplane, and at the later of the times 
specified in paragraphs (f)(1)(i) and (f)(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, dated June 23, 2008.
    (i) Within 1,500 flight cycles or 200 days after the effective 
date of this AD, whichever occurs first.
    (ii) Within 1,500 flight cycles or 200 days after accumulating 
10,000 total flight cycles since first flight of the airplane, 
whichever occurs first.
    (2) Not before the accumulation of 10,000 total flight cycles 
since first flight of the airplane, and at the later of the times 
specified in paragraphs (f)(2)(i) and (f)(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, dated June 23, 2008.
    (i) Within 3,000 flight cycles or 400 days after the effective 
date of this AD, whichever occurs first.
    (ii) Within 3,000 flight cycles or 400 days after accumulating 
10,000 total flight cycles since first flight of the airplane, 
whichever occurs first.
    (3) If any cracking is found during any inspection required by 
this AD, before further flight, accomplish all applicable corrective 
actions in accordance with the instructions of Airbus AOT A320-
27A1186, dated June 23, 2008.
    (4) Submit a report of the findings of the inspection required 
by paragraphs (f)(1) and (f)(2) of this AD to Airbus in accordance 
with the instructions of Airbus AOT A320-27A1186, dated June 23, 
2008, at the applicable time specified in paragraph (f)(4)(i) or 
(f)(4)(ii) of 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 
contained in this AD and has assigned OMB Control Number 2120-0056.
    (i) If the inspection was done after the effective date of this 
AD: Submit the report within 40 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 40 days after the effective date 
of this AD.
    (5) As of the effective date of this AD, no person may install 
on any airplane an elevator servo-control rod eye-end unless it has 
been inspected in accordance with the instructions of Airbus AOT 
A320-27A1186, dated June 23, 2008.

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, 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 appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (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

[[Page 1649]]

(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 Airworthiness 
Directive 2008-0149, dated August 5, 2008, and Airbus AOT A320-
27A1186, dated June 23, 2008, for related information.

    Issued in Renton, Washington, on December 29, 2008.
Linda Navarro,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-456 Filed 1-12-09; 8:45 am]
BILLING CODE 4910-13-P
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