[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Proposed Rules]
[Pages 62072-62075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24557]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0748; Directorate Identifier 2014-NM-013-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus 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 all 
Airbus Model A318, A319, and A321 series airplanes; and Model A320-211, 
-212, -214, -231, -232, and -233 airplanes. This proposed AD was 
prompted by reports of wear of the trimmable horizontal stabilizer 
actuator (THSA). This proposed AD would require repetitive inspections 
of the THSA for damage, and replacement if necessary; and replacement 
of the THSA after reaching a certain life limit. We are proposing this 
AD to detect and correct wear on the THSA, which would reduce the 
remaining life of the THSA, possibly resulting in premature failure and 
consequent reduced control of the airplane.

DATES: We must receive comments on this proposed AD by December 1, 
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 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--EIAS, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 
93 44 51; email <a href="/cdn-cgi/l/email-protection#cfaeacaca0baa1bbe1aea6bdb8a0bdbba7e2aaaebc8faea6bdadbabce1aca0a2"><span class="__cf_email__" data-cfemail="8eefedede1fbe0faa0efe7fcf9e1fcfae6a3ebeffdceefe7fcecfbfda0ede1e3">[email protected]</span></a>; Internet http://www.airbus.com. You may view this referenced service information at the 
FAA, Transport

[[Page 62073]]

Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 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 by searching for and locating Docket No. FAA-2014-
0748; or in person at the Docket Management Facility 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: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; 
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-2014-0748; 
Directorate Identifier 2014-NM-013-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 2014-0011R1, dated January 17, 2014 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus Model 
A318, A319, and A321 series airplanes and Model A320-211, -212, -214, -
231, -232, and -233 airplanes. The MCAI states:

    In the frame of the A320 Extended Service Goal (ESG) project and 
the study on the Trimmable Horizontal Stabilizer Actuator (THSA), a 
sampling programme of in-service units has been performed and 
several cases of wear at different THSA levels were reported.
    This condition, if not detected and corrected, would reduce the 
remaining life of the THSA, possibly resulting in premature failure 
and consequent reduced control of the aeroplane.
    Prompted by these findings, Airbus issued Service Bulletin (SB) 
A320-27-1227 to provide THSA inspection instructions.
    For the reasons described above, this [EASA] AD requires 
repetitive inspections of the THSA and introduces a life limit for 
the THSA.

The MCAI specifies a detailed inspection of the magnetic chip detector 
for metal particles, a spectrometric analysis of the oil drained from 
the THSA gearbox, a detailed inspection of the ballscrew and nut, and a 
detailed inspection of the upper and the lower attachments for damage. 
The corrective action is replacement of the THSA with a serviceable 
THSA. The compliance time for the THSA replacement ranges from before 
further flight to within 4 months from drainage of the oil sample. You 
may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0748.

Relevant Service Information

    Airbus has issued Service Bulletin A320-27-1227, Revision 01, dated 
October 7, 2013. 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 these 
same type designs.

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), we proposed to prevent the use of repairs 
that were not specifically developed to correct the unsafe condition, 
by requiring that the repair approval provided by the State of Design 
Authority or its delegated agent specifically refer to the FAA AD. This 
change was intended to clarify the method of compliance and to provide 
operators with better visibility of repairs that are specifically 
developed and approved to correct the unsafe condition. In addition, we 
proposed to change the phrase ``its delegated agent'' to include a 
design approval holder (DAH) with State of Design Authority design 
organization approval (DOA), as applicable, to refer to a DAH 
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The 
proposed wording, being specific to repairs, eliminates the 
interpretation that Airbus messages are acceptable for approving minor 
deviations (corrective actions) needed during accomplishment of an AD 
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance

[[Page 62074]]

to the AD-required actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this proposed AD to obtain corrective actions 
from a manufacturer, the actions must be accomplished using a method 
approved by the FAA, the European Aviation Safety Agency (EASA), or 
Airbus's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature are not EASA-approved, 
unless EASA directly approves the manufacturer's message or other 
information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``design approval holder (DAH) with State of 
Design Authority design organization approval,'' but instead we have 
provided the specific delegation approval granted by the State of 
Design Authority for the DAH.

Costs of Compliance

    We estimate that this proposed AD affects 851 airplanes of U.S. 
registry.
    We also estimate that it would take about 6 work-hours per product 
to comply with the inspection requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Based on these figures, we 
estimate the cost for the inspection specified in this proposed AD on 
U.S. operators to be $434,010, or $510 per product.
    We estimate that it would take about 7 work-hours per product to 
comply with the actuator replacement requirements of this proposed AD. 
Required parts would cost about $240,000 per product. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
for the actuator replacement specified in this proposed AD on U.S. 
operators to be $204,746,345, or $240,595 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

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

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 FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Airbus: Docket No. FAA-2014-0748; Directorate Identifier 2014-NM-
013-AD.

(a) Comments Due Date

    We must receive comments by December 1, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any 
category, identified in paragraphs (c)(1), (c)(2), (c)(3), and 
(c)(4) of this AD, all manufacturer serial numbers.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (3) Model A320-211, -212, -214, -231, -232, and -233 airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Reason

    This AD was prompted by reports of wear of the trimmable 
horizontal stabilizer actuator (THSA). We are issuing this AD to 
detect and correct wear on the THSA, which would reduce the 
remaining life of the THSA, possibly resulting in premature failure 
and consequent reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Initial Inspections

    At the later of the times specified in paragraphs (g)(1) and 
(g)(2) of this AD: Do a detailed inspection of the magnetic chip 
detector for metal particles, a spectrometric analysis of the oil 
drained from the THSA gearbox, a detailed inspection of the 
ballscrew and nut for damage (including, but not limited to, cracks, 
dents, corrosion, and

[[Page 62075]]

unsatisfactory surface protection), and a detailed inspection of the 
upper and the lower attachments for damage (including, but not 
limited to, cracks, dents, corrosion, and unsatisfactory surface 
protection), in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-27-1227, Revision 01, dated October 7, 
2013.
    (1) Before the THSA accumulates 48,000 total flight hours or 
30,000 total flight cycles, whichever occurs first since first 
installation on an airplane.
    (2) Within 4 months after the effective date of this AD.

(h) Repetitive Inspections

    Repeat the inspections required by paragraph (g) of this AD 
thereafter at intervals not to exceed the applicable time specified 
in paragraphs (h)(1) and (h)(2) of this AD.
    (1) For a THSA that, as of the date of the most recent 
inspection required by paragraph (g) of this AD, has accumulated 
less than 67,500 total flight hours since first installation on an 
airplane: The repetitive inspection interval is 24 months.
    (2) For a THSA that, as of the date of the most recent 
inspection required by paragraph (g) of this AD, has accumulated 
67,500 total flight hours or more since first installation on an 
airplane: The repetitive inspection interval is 4 months.

(i) THSA Corrective Action

    If, during any inspection required by paragraphs (g) and (h) of 
this AD, any finding as described in Airbus Service Bulletin A320-
27-1227, Revision 01, dated October 7, 2013, is found: At the 
applicable compliance time (depending on the applicable findings) 
specified in paragraph 1.E., ``Compliance,'' of Airbus Service 
Bulletin A320-27-1227, Revision 01, dated October 7, 2013, replace 
the THSA with a serviceable THSA, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-27-1227, 
Revision 01, dated October 7, 2013. For the purposes of this AD, a 
serviceable THSA is a THSA that has accumulated less than 67,500 
total flight hours since first installation on an airplane.

(j) THSA Replacement

    Before a THSA accumulates 67,500 total flight hours since first 
installation on an airplane, or within 12 months after the effective 
date of this AD, whichever occurs later: Replace the THSA with a 
serviceable THSA, in accordance with the Accomplishment Instructions 
of Airbus Service Bulletin A320-27-1227, Revision 01, dated October 
7, 2013. Thereafter, before the accumulation of 67,500 total flight 
hours since first installation on an airplane on any THSA, replace 
it with a serviceable THSA.

(k) Replacement THSA: No Terminating Action

    Replacement of a THSA on an airplane, as required by paragraph 
(i) or (j) of this AD, does not constitute terminating action for 
the repetitive inspections required by paragraphs (g) and (h) of 
this AD for that airplane. After THSA replacement: At the applicable 
compliance time specified in paragraphs (g)(1), (g)(2), (h)(1), and 
(h)(2) of this AD, do the inspections required by paragraph (g) of 
this AD.

(l) Replacement THSA Equivalency

    Repairs of a THSA in shop, as described in United Technologies 
Corporation Aerospace Systems Component Maintenance Manual 27-44-51, 
are considered equivalent to having passed an inspection in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-27-1227, dated July 1, 2013; or Airbus Service 
Bulletin A320-27-1227, Revision 01, dated October 7, 2013. Depending 
on the flight hours or flight cycles accumulated by the repaired 
THSA: At the applicable compliance time specified in paragraphs 
(g)(1), (g)(2), (h)(1), and (h)(2) of this AD, do the inspections 
required by paragraph (g) of this AD.

(m) Parts Installation Limitation

    As of the effective date of this AD, installation on an airplane 
of a THSA that has accumulated 67,500 or more total flight hours is 
allowed, provided that, prior to installation, the THSA has been 
modified or inspected using a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the European Aviation Safety Agency (EASA); or Airbus's EASA 
Design Organization Approval (DOA).

(n) Credit for Previous Actions

    This paragraph provides credit for inspections required by 
paragraphs (g) and (h) of this AD, if those inspections were 
performed before the effective date of this AD using Airbus Service 
Bulletin A320-27-1227, dated July 1, 2013, which is not incorporated 
by reference in this AD.

(o) Other FAA AD Provisions

    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. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Sanjay 
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1405; fax 425-227-1149. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#5f66721e1112726e6e69721e12101c720d1a0e0a1a0c0b0c1f393e3e71383029"><span class="__cf_email__" data-cfemail="9ba2b6dad5d6b6aaaaadb6dad6d4d8b6c9decacedec8cfc8dbfdfafab5fcf4ed">[email protected]</span></a>. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office. The 
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2014-
0011R1, dated January 17, 2014, for related information. This MCAI 
may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2014-0748.
    (2) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 
61 93 44 51; email <a href="/cdn-cgi/l/email-protection#325351515d475c461c535b40455d40465a1f57534172535b405047411c515d5f"><span class="__cf_email__" data-cfemail="4e2f2d2d213b203a602f273c39213c3a26632b2f3d0e2f273c2c3b3d602d2123">[email protected]</span></a>; Internet http://www.airbus.com. You may view this service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.

    Issued in Renton, Washington, on September 23, 2014.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-24557 Filed 10-15-14; 8:45 am]
BILLING CODE 4910-13-P


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