[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Rules and Regulations]
[Pages 52246-52250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21023]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0804; Directorate Identifier 2010-NM-163-AD;
Amendment 39-16420; AD 2010-18-07]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A318, A319, A320, and A321
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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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:
A special detailed inspection of A318/A319/A320/A321 elevators
pre-modification 35515 was introduced under ALI (Airworthiness
Limitations Items) task 552007 in the ALS (Airworthiness Limitations
Section) part 2 * * * This ALI task has been introduced with an
applicability defined at aeroplane modification level.
* * * * *
It has been reported that some elevators may have been moved
from the aeroplane on which they were originally fitted to another
aeroplane, * * *. Consequently, those elevators might not have been
inspected within the applicable required time frame as per ALI task
552007 requirements.
* * * * *
The unsafe condition is structural failure of the elevators and
consequent loss of control of the airplane. This AD requires actions
that are intended to address the unsafe condition described in the
MCAI.
DATES: This AD becomes effective September 9, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of September 9,
2010.
We must receive comments on this AD by October 12, 2010.
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.
[[Page 52247]]
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 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:
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 2010-0091, dated May 19, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
A special detailed inspection of A318/A319/A320/A321 elevators
pre-modification 35515 was introduced under ALI (Airworthiness
Limitations Items) task 552007 in the ALS (Airworthiness Limitations
Section) part 2 under ALI Document reference AI/SE-M4/95A.0252/96 at
issue 7; approved by EASA on 07 February, 2006, and mandated by EASA
AD 2006-0165 [which corresponds to FAA AD 2007-20-05, Amendment 39-
15215 (72 FR 56262, October 3, 2007)]. This ALI task has been
introduced with an applicability defined at aeroplane modification
level.
A specific statement related to the interchangeable parts policy
was introduced in issue 9 of the ALI Document approved by EASA on 21
May, 2007. This statement required to track interchangeable damage
tolerant part movements between aeroplanes.
It has been reported that some elevators may have been moved
from the aeroplane on which they were originally fitted to another
aeroplane, and spare parts may have been installed without being
traced with regard to the ALI Document requirements. Consequently,
those elevators might not have been inspected within the applicable
required time frame as per ALI task 552007 requirements.
For the reasons described above, this AD requires the
identification of the elevators installed on the aeroplane to
determine whether these elevators have been inspected within the
applicable required time frame as per ALI task 552007. If this had
not been done, this AD requires the accomplishment of that
inspection and, depending on findings, associated corrective
action(s).
The unsafe condition is structural failure of the elevators and
consequent loss of control of the airplane. The corrective actions
include a special detailed inspection (thermographic) of affected
elevators for damage, including cracking, and repairing any damage or
cracking found. You may obtain further information by examining the
MCAI in the AD docket.
Relevant Service Information
Airbus has issued Service Bulletin A320-55A1040, dated January 11,
2010. Airbus has also issued A318/A319/A320/A321 Airworthiness
Limitation Items (ALI) AI/SE-M4/95A.0252/96, Issue 09, dated November
2006; and Issue 10, dated October 2009. 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 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between the 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.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because some
elevators may have been moved from one airplane to another without
being traced, and consequently may not have been inspected in
accordance with ALI task 552007. Elevators not inspected within the
compliance time in ALI Task 552007 could fail. Failure of the elevators
could result in reduced structural integrity of the airplane.
Therefore, we determined that notice and opportunity for public comment
before issuing this AD are impracticable and that good cause exists for
making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2010-0804; Directorate
Identifier 2010-NM-163-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
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 AD.
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
[[Page 52248]]
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.
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:
2010-18-07 Airbus: Amendment 39-16420. Docket No. FAA-2010-0804;
Directorate Identifier 2010-NM-163-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective
September 9, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A318-111, -112, -121,
and -122 airplanes; A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232,
and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes; certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 55:
Stabilizers.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
A special detailed inspection of A318/A319/A320/A321 elevators
pre-modification 35515 was introduced under ALI (Airworthiness
Limitations Items) task 552007 in the ALS (Airworthiness Limitations
Section) part 2 * * * This ALI task has been introduced with an
applicability defined at aeroplane modification level.
* * * * *
It has been reported that some elevators may have been moved
from the aeroplane on which they were originally fitted to another
aeroplane, * * *. Consequently, those elevators might not have been
inspected within the applicable required time frame as per ALI task
552007 requirements.
* * * * *
The unsafe condition is structural failure of the elevators and
consequent loss of control of the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Actions
(g) Within 30 days after the effective date of this AD, inspect
the left-hand (LH) and right-hand (RH) elevators to determine if the
first twelve digits of the part number on the elevator are
identified in Table 1 or Table 2 of this AD, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-55A1040,
dated January 11, 2010; and do the actions required by paragraphs
(g)(1) and (g)(2) of this AD, as applicable. A review of airplane
maintenance records is acceptable in lieu of this inspection if the
part number of the elevators can be conclusively identified from
that review.
(1) If any part number is identified in Table 1 of this AD:
Within 30 days after the effective date of this AD, do the
applicable determination specified in paragraph (g)(1)(i) or
(g)(1)(ii) of this AD and compare it to the threshold for the next
due inspection, as specified in Airbus ALI Task 552007-01-1 or
552007-01-3, which is defined in Airbus A318/A319/A320/A321 ALI AI/
SE-M4/95A.0252/96, Issue 09, dated November 2006; or Issue 10, dated
October 2009.
Table 1--Elevator Part Number
------------------------------------------------------------------------
First twelve digits of part
Part name number only
------------------------------------------------------------------------
LH Elevator............................... D55280001000.
RH Elevator............................... D55280001001.
------------------------------------------------------------------------
(i) For elevators on which Airbus Service Bulletin A320-55-1024
has been done: If adequate records exist, determine the elapsed
(calendar) time since the date of the first flight of the first
airplane on which the elevator is installed after the actions in
Airbus Service Bulletin A320-55-1024 were done on the elevator.
(ii) For elevators on which Airbus Service Bulletin A320-55-1024
has not been done: If adequate records exist, determine the elapsed
(calendar) time since the date of the first flight of the first
airplane on which the elevator is installed.
(2) If any part number is identified in Table 2 of this AD:
Within 30 days after the effective date of this AD, if adequate
records exist, determine the elapsed (calendar) time since the date
of the first flight of the first airplane on which the elevator is
installed and compare it to the threshold for the next due
inspection, as specified in Airbus ALI Task 552007-01-2 or 552007-
01-4, which is defined in Airbus A318/A319/A320/A321 ALI AI/SE-M4/
95A.0252/96, Issue 09, dated November 2006; or Issue 10, dated
October 2009.
Table 2--Elevator Part Number
------------------------------------------------------------------------
First twelve digits of part number
Part name only
------------------------------------------------------------------------
LH Elevator......................... D55280001002, D55280001004,
D55280001008, D55280001010, or
D55280001012.
RH Elevator......................... D55280001003, D55280001005,
D55280001009, D55280001011 or
D55280001013.
------------------------------------------------------------------------
(h) If the elapsed time, determined as required by paragraph
(g)(1) of this AD, has exceeded the ALI threshold for the next due
inspection, as specified in Airbus ALI Task 552007-01-1 or 552007-
01-3; or if unable to determine the elapsed time: Within 30 days
after the effective date of this AD, perform a special detailed
inspection for damage, including cracking, of the top and bottom
skin panels of the affected elevators, in accordance with Airbus ALI
Task 552007-01-1 or 552007-01-3, which is defined in Airbus A318/
A319/A320/A321 ALI AI/SE-M4/95A.0252/96, Issue 09, dated November
2006; or Issue 10, dated October 2009. If any damage or cracking is
found, before further flight, repair 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).
(i) If the elapsed time, determined as required by paragraph
(g)(1) of this AD, has not exceeded the ALI threshold for the next
[[Page 52249]]
due inspection, as specified in Airbus ALI Task 552007-01-1 or
552007-01-3: Before reaching that threshold, or within 30 days after
the effective date of this AD, whichever occurs later; perform a
special detailed inspection for damage, including cracking, of the
top and bottom skin panels of the affected elevators in accordance
with Airbus ALI Task 552007-01-1 or 552007-01-3, which is defined in
Airbus A318/A319/A320/A321 ALI AI/SE-M4/95A.0252/96, Issue 09, dated
November 2006; or Issue 10, dated October 2009. If any damage or
cracking is found before further flight repair using a method
approved by either the Manager, International Branch, or EASA (or
its delegated agent).
(j) If the elapsed time, determined as required by paragraph
(g)(2) of this AD, has exceeded the ALI threshold for the next due
inspection, as specified in Airbus ALI Task 552007-01-2 or 552007-
01-4; or if unable to determine the elapsed time: Within 30 days
after the effective date of this AD, perform a special detailed
inspection for damage, including cracking, of the top and bottom
skin panels of the affected elevators, in accordance with Airbus ALI
Task 552007-01-2 or 552007-01-4, which is defined in Airbus A318/
A319/A320/A321 ALI AI/SE-M4/95A.0252/96, Issue 09, dated November
2006; or Issue 10, dated October 2009. If any damage or cracking is
found before further flight, repair using a method approved by
either the Manager, International Branch, or the EASA (or its
delegated agent).
(k) If the elapsed time, determined as required by paragraph
(g)(2) of this AD has not exceeded the ALI threshold for the next
due inspection, as specified in Airbus ALI Task 552007-01-2 or
552007-01-4: Before reaching that threshold, or within 30 days after
the effective date of this AD, whichever occurs later; perform a
special detailed inspection for damage, including cracking, of the
top and bottom skin panels of the affected elevators, in accordance
with Airbus ALI Task 552007-01-2 or 552007-01-4, which is defined in
Airbus ALI AI/SE-M4/95A.0252/96, Issue 09, dated November 2006; or
Issue 10, dated October 2009. If any damage or cracking is found
before further flight, repair using a method approved by either the
Manager, International Branch, or EASA (or its delegated agent).
(l) Accomplishment of the inspection and corrective actions
required by paragraph (h), (i), (j), and (k) of this AD does not
constitute terminating action for the repetitive inspections of
Airbus ALI Task 552007, as defined in Airbus A318/A319/A320/A321 ALI
AI/SE-M4/95A.0252/96, Issue 09 dated November 2006; or Issue 10,
dated October 2009.
(m) As of the effective date of this AD, no person may install,
on any airplane, any elevator having a part number identified in
Table 1 or 2 of this AD, unless the actions required by paragraphs
(g)(1) and (g)(2), of this AD, as applicable, have been done and the
inspections and corrective actions required by paragraphs (h), (i),
(j), and (k) of this AD have been done.
(n) As of the effective date of this AD, track all
interchangeable damage tolerant part movements between airplanes, in
accordance with the specific statement in the Section Rules for
Compliance Demonstration, either in paragraph F., ``Transferable
Parts,'' of the Airbus A318/A319/A320/A321 ALI AI/SE-M4/95A.0252/96,
Issue 10, dated October 2009; or in sub-paragraph 10.,
``Interchangeable parts policy,'' of Chapter 1.11, ``General
Rules,'' of Airbus A318/A319/A320/A321 ALI AI/SE-M4/95A.0252/96,
Issue 09, dated November 2006; or Issue 10, dated October 2009.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: Although the MCAI or service information specifies to
perform corrective actions using the instructions defined in Airbus
ALI AI/SE-M4/95A.0252/96, Issue 09, dated November 2006; or Issue
10, dated October 2009; if any affected elevators are found, such
corrective actions are not identified in the ALI tasks. Therefore,
this AD requires that you perform all corrective actions before
further flight 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).
Other FAA AD Provisions
(o) 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. 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. The AMOC
approval letter must specifically reference this AD.
(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 (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(p) Refer to MCAI EASA Airworthiness Directive 2010-0091, dated
May 19, 2010; Airbus Service Bulletin A320-55A1040, dated January
11, 2010; and Airbus A318/A319/A320/A321 ALI AI/SE-M4/95A.0252/96,
Issue 09, dated November 2006; and Issue 10, dated October 2009; for
related information.
Material Incorporated by Reference
(q) You must use the applicable service information specified in
Table 3 of this AD to do the actions required by this AD, unless the
AD specifies otherwise.
Table 3--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Document Issue Date
----------------------------------------------------------------------------------------------------------------
Airbus A318/A319/A320/A321 09.................................. November 2006.
Airworthiness Limitations Items AI/
SE[dash]M4/95A.0252/96.
Airbus A318/A319/A320/A321 10.................................. October 2009.
Airworthiness Limitations Items AI/
SE[dash]M4/95A.0252/96.
Airbus Service Bulletin A320-55A1040 Original............................ January 11, 2010.
----------------------------------------------------------------------------------------------------------------
Airbus A318/A319/A320/A321 ALI AI/SE-M4/95A.0252/96, Issue 09,
contains the following effective pages:
----------------------------------------------------------------------------------------------------------------
Issue
Page title/description Page number(s) No. Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
List of Effective Pages:
ALI Title Page........................ None shown.............. 09 November 2006.
Record of Revisions................... 1-ROR through 3[dash]ROR 9 November 2006.
Summary of Changes.................... 1-SOC through 2[dash]SOC 9 November 2006.
[[Page 52250]]
List of Effective Pages............... 1-LEP................... 9 November 2006.
Table of Contents..................... 1-TOC................... 9 November 2006.
Section 1--Introduction............... 1--7.................... 9 November 2006.
Section 2--Airworthiness Limitation 1--61................... 09 November 2006.
Items (ALI).
----------------------------------------------------------------------------------------------------------------
Airbus A318/A319/A320/A321 ALI AI/SE-M4/95A.0252/96, Issue 10
contains the following effective pages:
----------------------------------------------------------------------------------------------------------------
Page title/description Page number(s) Issue No. Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
List of Effective Pages:
ALI Title Page................... None shown.......... 10.................. October 2009.
Record of Revisions.............. 1-ROR through None shown*......... October 2009.
4[dash]ROR.
Table of Contents................ 1-TOC............... None shown*......... October 2009.
Section 1--Introduction.......... 1-INTRO through 8- None shown*......... October 2009.
INTRO.
Section 2--Damage Tolerant 1--85............... None shown*......... October 2009.
Airworthiness Limitations List.
Appendix A--Summary of Changes... 1-APXA through None shown*......... October 2009.
9[dash]APXA.
Appendix B--Abbreviations........ 1-APXB through None shown*......... October 2009.
2[dash]APXB.
Appendix C--Terms and Definitions 1-APXC.............. None shown*......... October 2009.
Appendix D--Reporting Form....... 1-APXD.............. None shown*......... October 2009.
Appendix E--Modifications List... 1-APXE through None shown*......... October 2009.
2[dash]APXE.
----------------------------------------------------------------------------------------------------------------
(*Only the title page of this document contains the issue level of the document.)
(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: [email protected]; 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.
(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 August 13, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-21023 Filed 8-24-10; 8:45 am]
BILLING CODE 4910-13-P