[Federal Register: August 13, 2009 (Volume 74, Number 155)]
[Proposed Rules]
[Page 40776-40778]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au09-16]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0713; Directorate Identifier 2007-NM-303-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A318 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:
Some operators have reported airframe vibration under specific
flight conditions including gusts.
Investigations have revealed that under such conditions,
vibrations may occur when
[[Page 40777]]
the hinge moment of the elevator is close to zero, associated to
elevator free-play.
* * * * *
The unsafe condition is excessive vibration of the elevators, which
could result in reduced structural integrity and reduced
controllability of the airplane.
DATES: We must receive comments on this proposed AD by September 14,
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.
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-2009-0713;
Directorate Identifier 2007-NM-303-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 2007-0163, dated June 11, 2007 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Some operators have reported airframe vibration under specific
flight conditions including gusts.
Investigations have revealed that under such conditions,
vibrations may occur when the hinge moment of the elevator is close
to zero, associated to elevator free-play.
* * * * *
The unsafe condition is excessive vibration of the elevators, which
could result in reduced structural integrity and reduced
controllability of the airplane. The corrective action includes
inspecting the elevators for excessive freeplay and repairing the
elevator or servo controls, if necessary. You may obtain further
information by examining the MCAI in the AD docket.
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. 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, 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.
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
We estimate that this proposed AD would affect about 11 products of
U.S. registry. We also estimate that it would take about 2 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 $1,760, or
$160 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.
[[Page 40778]]
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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-2009-0713; Directorate Identifier 2007-NM-
303-AD.
Comments Due Date
(a) We must receive comments by September 14, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A318 series airplanes;
certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
Controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
``Some operators have reported airframe vibration under specific
flight conditions including gusts.
``Investigations have revealed that under such conditions,
vibrations may occur when the hinge moment of the elevator is close
to zero, associated to elevator free-play.''
* * * * *
The unsafe condition is excessive vibration of the elevators,
which could result in reduced structural integrity and reduced
controllability of the airplane. The corrective action includes
inspecting the elevators for excessive freeplay, and repairing the
elevator or servo controls, if necessary.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) At the later of the times specified in paragraphs (f)(1)(i)
and (f)(1)(ii) of this AD, inspect the elevators for excessive
freeplay, using a load application tool and a spring scale assembly,
in accordance with a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA) (or its delegated agent).
Repeat the inspection at intervals not to exceed 20 months.
Note 1: Guidance on the inspection procedures can be found in
Task 27-34-00-200-001 of the A318/A319/A320/A321 Aircraft
Maintenance Manual (AMM).
(i) Within 20 months since the date of issuance of the original
French, German, or EASA airworthiness certificate or the date of
issuance of the original French, German, or EASA export certificate
of airworthiness, or within 3 months after the effective date of
this AD, whichever occurs later.
(ii) Within 20 months since the last inspection of the elevators
for excessive freeplay performed in accordance with Task 27-34-00-
200-001 of the Airbus A320 Airplane Maintenance Manual.
(2) If any inspection required by paragraph (f)(1) of this AD
indicates that the freeplay in the elevator exceeds 7 millimeters,
before further flight, repair the elevator or servo controls in
accordance with a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA
(or its delegated agent).
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows:
(1) The EASA AD applies to Airbus Model A318, A319, A320, and
A321 series airplanes, but the FAA AD applies only to Airbus Model
A318 series airplanes. The actions required by the EASA AD for
Airbus Model A319, A320, and A321 series airplanes are addressed in
FAA AD 2001-16-09, amendment 39-12377, and FAA AD 2005-22-10 R1,
amendment 39-14354.
(2) This FAA AD does not require modification of the elevator
neutral setting as specified in paragraph 2. of the EASA AD because
this modification is already part of the FAA-approved type design
for Airbus Model A318 series airplanes.
(3) This FAA AD does not require a detailed inspection to
determine the position of each tail cone triangle as specified in
paragraph 3. of the EASA AD because that action was already
accomplished on all Airbus Model A318 series airplanes during
production.
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 principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
(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 2007-0163, dated
June 11, 2007, for related information.
Issued in Renton, Washington, on August 3, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-19419 Filed 8-12-09; 8:45 am]
BILLING CODE 4910-13-P