[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Rules and Regulations]
[Pages 35774-35777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16937]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1365; Directorate Identifier 2008-NM-076-AD; 
Amendment 39-15970; AD 2009-15-07]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319, A320, and A321 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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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 2005 a lateral runway excursion occurred on an A320 aircraft. 
Such excursions are classified as hazardous, with a large reduction 
in safety margins. Investigation has shown that the aircraft landed 
with the nose wheels rotated nearly 20 degrees from center. During 
subsequent tests on the removed BSCU [Braking and Steering Control 
Unit], a BSCU hardware failure was found, affecting the monitoring 
function, including the system reconfiguration management, and 
leading to a runaway of [the] Nose Wheel Steering [uncommanded 
steering].
* * * * *
    The unsafe condition is an uncommanded steering condition during 
takeoff or landing, which could result in departure of the airplane 
from the runway. We are issuing this AD to require actions to correct 
the unsafe condition on these products.

DATES: This AD becomes effective August 25, 2009.

    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 25, 
2009.

[[Page 35775]]


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 January 7, 2009 (74 
FR 664). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    In 2005 a lateral runway excursion occurred on an A320 aircraft. 
Such excursions are classified as hazardous, with a large reduction 
in safety margins. Investigation has shown that the aircraft landed 
with the nose wheels rotated nearly 20 degrees from center. During 
subsequent tests on the removed BSCU [Braking and Steering Control 
Unit], a BSCU hardware failure was found, affecting the monitoring 
function, including the system reconfiguration management, and 
leading to a runaway of [the] Nose Wheel Steering [uncommanded 
steering].
    DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile] 
Airworthiness Directive (AD) F-1992-117-025(B), Revision 1 [which 
corresponds to FAA AD 94-24-07], mandated the BSCU upgrade in order 
to improve the steering logic, but this modification has shown not 
to be sufficient to address the identified failure mechanism.
    A software modification is now implemented in BSCU standard 10 
which improves the system reconfiguration management when this 
failure mechanism is detected.
    BSCU standard 10 also includes other improvements--as detailed 
in the associated Service Bulletin.
    This AD therefore mandates the modification or replacement of 
the BSCU standard 7, 9 or 9.1, by the BSCU standard 10.

The unsafe condition is an uncommanded steering condition during 
takeoff or landing, which could result in departure of the airplane 
from the runway. The corrective action also includes replacement of 
certain DUNLOP tires that are not compatible with BSCU standard 10. 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.

Support for the AD

    JetBlue Airways Corporation supports the actions specified in the 
NPRM.

Request To Relocate Certain Language

    Airbus suggests that we relocate the following sentence in the 
Reason section: ``An uncommanded steering condition during takeoff or 
landing could result in departure of the airplane from the runway.'' 
Airbus states that relocating that sentence away from the previous 
sentence, which addresses replacing tires, would avoid 
misinterpretation by association.
    We acknowledge the Airbus comment and we have relocated the subject 
sentence and clarified that it is the statement of the unsafe condition 
in both the Discussion and Reason sections of this AD.

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 change described previously. We determined that this 
change 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 our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 591 products of U.S. registry. 
We also estimate that it will take about 3 work-hours 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 $141,840, or $240 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;
    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

[[Page 35776]]

(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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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 AD:

2009-15-07 Airbus: Amendment 39-15970. Docket No. FAA-2008-1365; 
Directorate Identifier 2008-NM-076-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
25, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A319-111, -112, -113, -114, 
-115, -131, -132, and -133; A320-111, -211, -212, -214, -231, -232, 
and -233; and A321-111, -112, -131, -211, -212, -213, -231, and -232 
series airplanes; certificated in any category; equipped with one 
conventional pre-Enhanced Manufacture and Maintainability (pre-EMM) 
Braking and Steering Control Unit (BSCU), having the part numbers 
specified in paragraph (c)(1), (c)(2), or (c)(3) of this AD.
    (1) C20216332292C (standard 7) installed by Airbus Modification 
24449 in production, or by Airbus Service Bulletin A320-32-1124 in 
service.
    (2) C202163372D32 (standard 9) installed by Airbus Modification 
31106 in production, or by Airbus Service Bulletin A320-32-1227 or 
A320-32-1232 in service.
    (3) C202163382D32 (standard 9.1) installed by Airbus 
Modification 32500 in production, or by Airbus Service Bulletin 
A320-32-1254 in service.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    In 2005 a lateral runway excursion occurred on an A320 aircraft. 
Such excursions are classified as hazardous, with a large reduction 
in safety margins. Investigation has shown that the aircraft landed 
with the nose wheels rotated nearly 20 degrees from center. During 
subsequent tests on the removed BSCU [Braking and Steering Control 
Unit], a BSCU hardware failure was found, affecting the monitoring 
function, including the system reconfiguration management, and 
leading to a runaway of [the] Nose Wheel Steering [uncommanded 
steering].
    DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile] 
Airworthiness Directive (AD) F-1992-117-025(B), Revision 1 [which 
corresponds to FAA AD 94-24-07], mandated the BSCU upgrade in order 
to improve the steering logic, but this modification has shown not 
to be sufficient to address the identified failure mechanism.
    A software modification is now implemented in BSCU standard 10 
which improves the system reconfiguration management when this 
failure mechanism is detected.
    BSCU standard 10 also includes other improvements--as detailed 
in the associated Service Bulletin.
    This AD therefore mandates the modification or replacement of 
the BSCU standard 7, 9 or 9.1, by the BSCU standard 10.

    The unsafe condition is an uncommanded steering condition during 
takeoff or landing, which could result in departure of the airplane 
from the runway. The corrective action also includes replacement of 
certain DUNLOP tires that are not compatible with BSCU standard 10.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 18 months after the effective date of this AD: Modify 
or replace the BSCU in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A320-32-1336, 
Revision 01, dated January 10, 2008; and inspect the airplane to 
determine if DUNLOP tires 46x16-20 having part number (P/N) 11659 T 
or 11661 T are installed. If those tires are installed, before 
further flight, replace with acceptable tires using a method 
approved by either the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the European Aviation Safety 
Agency (EASA) (or its delegated agent). Accomplishment of the 
applicable requirements in this paragraph terminates the 
requirements of AD 94-24-07, amendment 39-9080.
    (2) Previous accomplishment of the modification or replacement 
of the BSCU before the effective date of this AD in accordance with 
Airbus Mandatory Service Bulletin A320-32-1336, dated September 19, 
2007, meets the requirements of paragraph (f)(1) of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: Although the MCAI and service information do 
not provide procedures for replacing the tires as specified in 
paragraph (f)(1) of this AD, this AD requires that you replace the 
tires using a method approved by either the Manager, International 
Branch, ANM-116, FAA, or the EASA (or its delegated agent).

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.
    (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 EASA Airworthiness Directive 2008-0048, dated 
February 28, 2008; and Airbus Mandatory Service Bulletin A320-32-
1336, Revision 01, dated January 10, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A320-32-1336, 
Revision 01, dated January 10, 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 
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: <a href="/cdn-cgi/l/email-protection#355456565a405b411b545c47425a47415d1850544675545c475740461b565a58"><span class="__cf_email__" data-cfemail="503133333f253e247e313922273f2224387d353123103139223225237e333f3d">[email protected]</span></a>; 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.


[[Page 35777]]


    Issued in Renton, Washington, on July 2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-16937 Filed 7-20-09; 8:45 am]
BILLING CODE 4910-13-P


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