34218 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

AD 2009–15–05 INSPECTION REPORT—Continued 

[If the SB was done before the effective date of this AD, this report does not need to be completed and returned to the Wichita ACO] 

Name 

Telephone and/or e-mail address 

Date 

Send report to: 

Ann Johnson, Aerospace Engineer 

ACE–116W, Wichita Aircraft Certification Office 

1801 Airport Road, Room 100 

Wichita, KS 67209 

fax: (316) 946–4107 

e-mail: ann.johnson@faa.gov 

Figure 1 

Alternative Methods of Compliance 

(AMOCs) 

(f) The Manager, Wichita Aircraft 

Certification Office (ACO), 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: Ann 

Johnson, Aerospace Engineer, Wichita 

Aircraft Certification Office (ACO), 1801 

Airport Road, Room 100, Wichita, Kansas 

67209; telephone: (316) 946–4105; fax: (316) 

946–4107; E-mail: ann.johnson@faa.gov. 

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. 

Material Incorporated by Reference 

(g) You must use Cessna Aircraft Company 

Caravan Service Bulletin CAB08–9, dated 

November 24, 2008, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Cessna Aircraft Company, 

Product Support, P.O. Box 7706; Wichita, 

Kansas 67277; telephone: (316) 517–5800; 

fax: (316) 942–9006; Internet: http:// 

www.cessna.com. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on July 6, 

2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–16465 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0832; Directorate 

Identifier 2008–NM–067–AD; Amendment 

39–15965; AD 2009–15–02] 

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. 

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: 

In-service experience has shown that a 

fracture of the gerotor pump of the A320 RAT 

[ram air turbine] may occur. This may lead 

to the non-operation of the RAT in case of 

an in-flight deployment. 

The Non-Deployment or NonPressurization of the RAT, associated with a 

double engine failure or a total loss of normal 

electrical power generation constitutes an 

unsafe condition. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

August 19, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of August 19, 2009. 

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 4, 2008 (73 FR 

45174). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

In-service experience has shown that a 

fracture of the gerotor pump of the A320 RAT 

[ram air turbine] may occur. This may lead 

to the non-operation of the RAT in case of 

an in-flight deployment. 

The Non-Deployment or NonPressurization of the RAT, associated with a 

double engine failure or a total loss of normal 

electrical power generation constitutes an 

unsafe condition. 

This AD mandates the replacement of the 

affected gerotor pump assembly, which will 

provide the required improved reliability of 

the RAT. 

The implementation of this modification 

was originally managed by an AIRBUS 

monitoring campaign. However, the rate of 

installation of the modification by operators 

has not met the predicted target. As such and 


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Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34219 

to ensure continued compliance with the 

certification requirements it is considered 

necessary to require compliance by use of 

[an] AD. 

* * * * * 

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 comments received. 

Request To Change Certain Compliance 

Times 

Northwest Airlines (NWA) asks that 

the compliance time required by 

paragraph (f)(2) of the NPRM be 

changed from ‘‘before further flight’’ to 

‘‘within 15 months after the effective 

date of the AD.’’ NWA states that 

paragraph (f)(1) allows 15 months to 

identify the part number and serial 

number of the RAT, and paragraph (f)(2) 

requires replacement of the suspect RAT 

gerotor pumps before further flight. 

NWA notes that this requirement is not 

conducive to effective planning and cost 

control; operators would be required to 

guess the number of pumps that would 

need replacement, which could result in 

unnecessary multiple orders (and 

resultant lead time issues) or over– 

purchasing of replacement pumps. 

NWA adds that if the location of the 

RAT is identified first, it would enable 

more efficient incorporation of the 

specified actions and prevent possible 

disruptions in schedule and costs that 

could result from ordering an incorrect 

amount of replacement parts. 

We agree with NWA because the 

unsafe condition is addressed if the 

pumps are replaced within the 15 

month compliance time allowed. We 

have changed paragraphs (f)(1) and (f)(2) 

of this AD to clarify that the 15-month 

compliance time is for all the required 

actions, which is consistent with the 

referenced EASA AD. 

NWA also asks that the compliance 

time in paragraph (f) of the NPRM be 

changed from 15 months to 21 months 

to align with scheduled ‘‘C’’ checks. 

NWA states that this extension would 

allow for replacement of the gerotor in 

a controlled environment, which is 

more conducive to the type of work 

where both personnel and equipment 

are available. NWA does not believe the 

additional compliance time will have an 

appreciable effect on safety, since the 

FAA quotes the MCAI, which 

specifically states in the NPRM that the 

AD is being proposed as a result of 

limited implementation of Airbus 

Service Bulletin A320–29–1122, dated 

July 27, 2006, by operators. Therefore, 

NWA suggests that the compliance time 

necessary for replacing the RAT gerotor 

is not an immediate issue. 

We do not agree with NWA. The 

NPRM does not specify that it was 

proposed as a result of limited 

implementation of Airbus Service 

Bulletin A320–29–1122, dated July 27, 

2006; instead, it states that the rate of 

installation of the modification by 

operators has not met the predicted 

target of the AIRBUS monitoring 

campaign. That statement does not 

mean the unsafe condition should not 

be addressed in a timely manner. 

In developing an appropriate 

compliance time for this AD, we 

considered the urgency associated with 

the subject unsafe condition and the 

practical aspect of accomplishing the 

required actions on the fleet in a timely 

manner. We recognize that operators 

may have different schedules for 

accomplishing heavy maintenance, but 

we have determined that the 15–month 

compliance time will include most 

operators’ schedules for that type of 

work. Further, according to the 

provisions of paragraph (g)(1) of this 

AD, we may approve a request to adjust 

the compliance time if the request 

includes data that prove that the new 

compliance time would provide an 

acceptable level of safety. No change to 

this AD is necessary in this regard. 

Retrofit Information 

NWA asks that the AD not require 

operators to submit the retrofit 

information sheet, as recommended in 

the Accomplishment Instructions of 

Airbus Service Bulletin A320–29–1122, 

dated July 27, 2006. We agree with 

NWA. We have included Note 1 in this 

AD to clarify that the retrofit 

information sheet is not required. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We determined that these changes will 

not increase the economic burden on 

any operator or increase the scope of the 

AD. 

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 FAA policies. 

Any such differences are highlighted in 

a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

758 products of U.S. registry. We also 

estimate that it will take about 5 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Required parts will cost about $0 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these parts. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of this AD 

to the U.S. operators to be $303,200, or 

$400 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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34220 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / 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, Incorporation by reference, 

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: 

2009–15–02 Airbus: Amendment 39–15965. 

Docket No. FAA–2008–0832; Directorate 

Identifier 2008–NM–067–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective August 19, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Airbus Model 

A318, A319, A320, and A321 airplanes, 

certificated in any category; except airplanes 

on which Airbus Modification 27189 was 

done in production or Airbus Service 

Bulletin A320–29–1100 was done in service, 

and on which Airbus Modification 28413 

was not done in production. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 29: Hydraulic power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

In-service experience has shown that a 

fracture of the gerotor pump of the A320 RAT 

[ram air turbine] may occur. This may lead 

to the non-operation of the RAT in case of 

an in-flight deployment. 

The Non-Deployment or NonPressurization of the RAT, associated with a 

double engine failure or a total loss of normal 

electrical power generation constitutes an 

unsafe condition. 

This AD mandates the replacement of the 

affected gerotor pump assembly, which will 

provide the required improved reliability of 

the RAT. 

The implementation of this modification 

was originally managed by an AIRBUS 

monitoring campaign. However, the rate of 

installation of the modification by operators 

has not met the predicted target. As such and 

to ensure continued compliance with the 

certification requirements it is considered 

necessary to require compliance by use of 

[an] AD. 

* * * * * 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 15 months after the effective 

date of this AD: Identify the part number 

(P/N) and serial number (S/N) of the RAT in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A320– 

29–1122, dated July 27, 2006. 

(2) For airplanes on which a RAT with 

P/N 680203037 is installed that has a S/N 

between 0101 and 0354 inclusive: Within 15 

months after the effective date of this AD, 

replace the gerotor pump assembly and reidentify the RAT in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–29–1122, dated July 

27, 2006. 

(3) For airplanes on which a RAT with 

P/N 680203037 is installed that does not 

have a S/N between 0101 and 0354 inclusive, 

or a RAT with a P/N other than P/N 

680203037 is installed: No further action is 

required by this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

Although Appendix 01 of Airbus Service 

Bulletin A320–29–1122, dated July 27, 2006, 

tells you to submit information to the 

manufacturer, this AD specifies that such 

submittal is not required. 

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 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

Related Information 

(h) Refer to MCAI EASA Airworthiness 

Directive 2008–0034, dated February 20, 

2008 [corrected February 21, 2008]; and 

Airbus Service Bulletin A320–29–1122, 

excluding Appendix 01, dated July 27, 2006, 

for related information. 

Material Incorporated by Reference 

(i) You must use Airbus Service Bulletin 

A320–29–1122, excluding Appendix 01, 

dated July 27, 2006; to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Airbus, Airworthiness Office 

— EAS, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 44 51; e-mail: 

account.airworth-eas@airbus.com; Internet 

http://www.airbus.com. 

(3) You may review copies of the 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. 

(4) You may also review copies of the 

service information that is incorporated by 

reference 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on July 2, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–16466 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–13–P 


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