[Federal Register Volume 60, Number 162 (Tuesday, August 22, 1995)]
[Rules and Regulations]
[Pages 43519-43521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20371]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-143-AD; Amendment 39-9342; AD 95-17-12]


Airworthiness Directives; Airbus Model A320 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A320 series airplanes, that requires 
modification of the trimmable horizontal stabilizer (THS). This 
amendment is prompted by a report of leakage from some of the hydraulic 
pipe fittings after a lightning strike. The actions specified by this 
AD are intended to prevent such leakage from hydraulic pipe fittings, 
which could result in the loss of the pilot's ability to control the 
moveable surfaces of the THS.

DATES: Effective September 21, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 21, 1995.

ADDRESSES: The service information referenced in this AD may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Stephen Slotte, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2797; fax (206) 227-1320.


[[Page 43520]]

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Airbus Model A320 series 
airplanes was published in the Federal Register on December 27, 1994 
(59 FR 66491). That action proposed to require modification of the 
trimmable horizontal stabilizer (THS).
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.
    The Air Transport Association (ATA) of America, on behalf of one of 
its members, requests that the compliance time for accomplishment of 
the modification be extended from the proposed 3,500 flight hours to 
4,500 flight hours. This commenter states that such an extension will 
allow the modification to be accomplished during a regularly scheduled 
``C'' check. This commenter states that it would have to special 
schedule its fleet of airplanes in order to accomplish the proposed 
modification within the proposed compliance time. This would entail 
considerable additional expenses and schedule disruptions.
    The FAA does not concur with the commenter's request to extend the 
compliance time. In developing an appropriate compliance time for this 
action, the FAA considered not only the degree of urgency associated 
with addressing the subject unsafe condition, but the availability of 
required parts and the practical aspect of installing the required 
modification within a maximum interval of time allowable for all 
affected airplanes to continue to operate without compromising safety. 
Since maintenance schedules may vary from operator to operator, there 
would be no assurance that the modification will be accomplished during 
that time. The manufacturer has advised that an ample number of 
required parts will be available for modification of the U.S. fleet 
within the proposed compliance period. However, under the provisions of 
paragraph (b) of the final rule, the FAA may approve requests for 
adjustments to the compliance time if data are submitted to 
substantiate that such an adjustment would provide an acceptable level 
of safety.
    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.
    The FAA estimates that 99 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 13 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Required parts will be supplied by the 
manufacturer at no cost to the operators. Based on these figures, the 
total cost impact of the AD on U.S. operators is estimated to be 
$77,220, or $780 per airplane.
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40101, 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

95-17-12  Airbus Industrie: Amendment 39-9342. Docket 94-NM-143-AD.

    Applicability: Model A320 series airplanes on which Airbus 
Modification 22621 (reference Airbus Service Bulletin A320-27-1041) 
and Airbus Modification 23556 (reference Airbus Service Bulletin 
A320-29-1058) have not been installed, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (b) of this AD to request approval from the 
FAA. This approval may address either no action, if the current 
configuration eliminates the unsafe condition; or different actions 
necessary to address the unsafe condition described in this AD. Such 
a request should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent loss of the pilot's ability to control the moveable 
surfaces of the THS, accomplish the following:
    (a) Within 3,500 flight hours after the effective date of this 
AD, modify the trimmable horizontal stabilizer in accordance with 
Airbus Service Bulletin A320-29-1058, July 16, 1993, and Airbus 
Service Bulletin A320-27-1041, Revision 2, dated April 20, 1994.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Standardization Branch, ANM-113, 
FAA, Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, 
Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (d) The modification shall be done in accordance with Airbus 
Service Bulletin A320-29-1058, July 16, 1993, and Airbus Service 
Bulletin A320-27-1041, Revision 2, dated April 20, 1994. This 
incorporation by 

[[Page 43521]]
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on September 21, 1995.

    Issued in Renton, Washington, on August 11, 1995.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-20371 Filed 8-21-95; 8:45 am]
BILLING CODE 4910-13-U