[Federal Register: September 20, 2007 (Volume 72, Number 182)]
[Proposed Rules]               
[Page 53699-53701]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se07-15]                         

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 53699]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29249; Directorate Identifier 2007-NM-112-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 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:

    After a push back from the gate, an A320-200 aircraft was 
preparing to initiate taxi, when a NLG (nose landing gear) 
uncommanded retraction occurred, and then the aircraft abruptly hit 
the ground.
    * * * Untimely unlocking and/or retraction of the NLG, while on 
the ground, could cause injury to ground personnel and significant 
structural damage to the airplane.

    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 October 22, 
2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 

the instructions for sending your comments electronically.
     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: Room W12-140 on the ground floor of the 
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.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, FAA, Transport Airplane Directorate, 
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-2007-
29249; Directorate Identifier 2007-NM-112-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://dms.dot.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 2007-0065R1, dated June 12, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    After push back from the gate, an A320-200 aircraft was 
preparing to initiate taxi, when a NLG (nose landing gear) 
uncommanded retraction occurred, and then the aircraft abruptly hit 
the ground.
    Investigations revealed that the retract condition is caused by 
a combination of a faulty MLG (main landing gear) proximity switch, 
a power interruption to LGCIUs (Landing Gear Control and Interface 
Units) and an internal hydraulic leak through the LG (landing gear) 
selector valve 40GA. The internal hydraulic leak through the LG 
selector valve 40GA was due to a broken seal in one of the end cap 
chambers for the valve spool. As a corrective action, a duplicate 
inspection (DI or DI-BE) for these valves has been introduced in 
production, and the Component Maintenance Manual (CMM) has been 
revised. Untimely unlocking and/or retraction of the NLG, while on 
the ground, could cause injury to ground personnel and significant 
structural damage to the aircraft.
    This Airworthiness Directive (AD) mandates the inspections of 
the LG selector valve 40GA and the LG door selector valve 41GA, to 
identify a possible hydraulic leak.

The corrective action includes replacing the LG selector valve 40GA 
and/or the LG door selector valve 41GA if necessary. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-32-1290, Revision 01, dated 
November 10, 2006. 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.

[[Page 53700]]

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 653 products of U.S. registry. We also estimate that 
it would take about 7 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 $365,680, or $560 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.

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-2007-29249; Directorate Identifier 2007-NM-
112-AD.

Comments Due Date

    (a) We must receive comments by October 22, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318, A319, A320, and A321 
series airplanes, certificated in any category, except those 
identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Manufacturer serial numbers (MSNs) 2389, 2392, 2393, 2396, 
2398, 2403, 2405, 2407, 2409, 2410, 2411, 2413 through 2439, 2441, 
and MSNs above 2441, on which no replacement of the landing gear 
(LG) selector valve 40GA or the LG door selector valve 41GA has been 
performed since aircraft delivery from Airbus.
    (2) Aircraft on which LG selector valve 40GA and LG door 
selector valve 41GA have been stamped to indicate that a duplicate 
inspection has been done. If the duplicate inspection has been done, 
the amendment plates on the valves will be stamped with letters 
``DI'' or ``DI-BE.''

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    After push back from the gate, an A320-200 aircraft was 
preparing to initiate taxi, when a NLG (nose landing gear) 
uncommanded retraction occurred, and then the aircraft abruptly hit 
the ground.
    Investigations revealed that the retract condition is caused by 
a combination of a faulty MLG (main landing gear) proximity switch, 
a power interruption to LGCIUs (Landing Gear Control and Interface 
Units) and an internal hydraulic leak through the LG (landing gear) 
selector valve 40GA. The internal hydraulic leak through the LG 
selector valve 40GA was due to a broken seal in one of the end cap 
chambers for the valve spool. As a corrective action, a duplicate 
inspection (DI or DI-BE) for these valves has been introduced in 
production, and the Component Maintenance Manual (CMM) has been 
revised. Untimely unlocking and/or retraction of the NLG, while on 
the ground, could cause injury to ground personnel and significant 
structural damage to the aircraft.
    This Airworthiness Directive (AD) mandates the inspections of 
the LG selector valve 40GA and the LG door selector valve 41GA, to 
identify a possible hydraulic leak.

The corrective action includes replacing the LG selector valve 40GA 
and/or the LG door selector valve 41GA if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For aircraft that have accumulated up to and including 
20,000 total flight cycles as of the effective date of this AD: 
Within 4,500 flight cycles after the effective date of this AD, but 
not exceeding 20,800 total flight cycles, inspect for hydraulic 
leaking of the LG selector valve 40GA and the LG door selector valve 
41GA and replace if necessary the LG selector valve 40GA and the LG 
door selector valve 41GA before further flight in accordance with 
the Accomplishment Instructions of Airbus Service Bulletin A320-32-
1290, Revision 01, dated November 10, 2006.
    (2) For aircraft that have accumulated over 20,000 total flight 
cycles as of the effective date of this AD: Within 800 flight cycles 
after the effective date of this AD, inspect for hydraulic leaking 
of the LG selector valve 40GA and the LG door selector valve 41GA 
and replace if necessary the LG selector valve 40GA and the LG door 
selector valve 41GA before further flight in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-32-1290, 
Revision 01, dated November 10, 2006.
    (3) For all airplanes: Repeat the inspection specified in 
paragraph (f)(1) or (f)(2) of this AD, as applicable, thereafter at 
intervals not to exceed 20,000 flight cycles, or 89 months, 
whichever occurs first, and replace if necessary (i.e., if any 
leakage is found) the LG selector valve 40GA and the LG door 
selector valve 41GA before further flight, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-32-1290, 
Revision 01, dated November 10, 2006.

[[Page 53701]]

    (4) For all airplanes: From the effective date of this AD, the 
installation of LG selector valve 40GA or LG door selector valve 
41GA, that do not have the duplicate inspection ``DI'' or ``DI-BE'' 
recorded on their amendment plates, is possible provided that it is 
inspected within 800 flight cycles after installation, in accordance 
with the instructions given in Airbus Service Bulletin A320-32-1290, 
Revision 01, dated November 10, 2006. Repeat the inspection 
thereafter as given in paragraph (f)(3) of this AD.
    (5) Actions done before the effective date of this AD in 
accordance with Airbus Service Bulletin A320-32-1290, dated May 2, 
2006, are acceptable for compliance with the corresponding actions 
of this AD.

FAA AD Differences

    Note: 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, Transport Airplane Directorate, ANM-116, 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, FAA, 
Transport Airplane Directorate, 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 2007-0065R1, 
dated June 12, 2007, and Airbus Service Bulletin A320-32-1290, 
Revision 01, dated November 10, 2006, for related information.

    Issued in Renton, Washington, on September 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-18540 Filed 9-19-07; 8:45 am]

BILLING CODE 4910-13-P