[Federal Register Volume 69, Number 117 (Friday, June 18, 2004)]
[Proposed Rules]
[Pages 34094-34096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13868]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-298-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Model A320 series 
airplanes. This proposal would require a detailed inspection of the 
tail cone triangle to determine its position, and corrective actions if 
necessary. This action is necessary to prevent excessive vibrations of 
the elevators, which could result in reduced structural integrity and 
reduced controllability of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by July 19, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-298-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-298-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France. This information may be examined at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-298-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-298-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified the FAA that 
an unsafe condition may exist on certain Airbus Model A320 series 
airplanes. The DGAC advises that the tail cone triangles were not 
installed properly on certain airplanes during production, resulting in 
possible mis-rigged elevator servo-controls. Mis-rigged elevator servo 
controls may result in low hinge moments and possible vibrations, if 
combined with elevator freeplay. This condition, if not corrected, 
could result in excessive vibrations of the elevator, which could 
result in reduced structural integrity and reduced controllability of 
the airplane.

Other Related Rulemaking

    On August 10, 2001, the FAA issued AD 2001-16-09, amendment 39-
12377 (66 FR 43471, August 20, 2001), applicable to all Airbus Model 
A319, A320, and A321 series airplanes. That AD currently requires 
periodic inspection of the elevators for excessive

[[Page 34095]]

freeplay, repair of worn parts if excessive freeplay is detected, and 
modification of the elevator neutral setting. That action was prompted 
by reports of severe vibration in the aft cabin of Model A320 series 
airplanes, and studies that indicate that the primary cause is 
excessive freeplay in the elevator attachments. The requirements of 
that AD are intended to prevent excessive vibration of the elevators, 
which could result in reduced structural integrity and reduced 
controllability of the airplane.
    Since issuance of AD 2001-16-09, several operators of Airbus Model 
A320 series airplanes have reported airframe vibrations originating 
from the elevator surfaces due to mis-rigged elevator servo controls.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-27-1132, Revision 01, dated 
June 19, 2002, which describes procedures for performing a detailed 
visual inspection of the position of each tail cone triangle based on 
certain measurements; and corrective actions if necessary. The 
corrective actions include re-rigging the elevator servo controls to 
adjust the elevator neutral setting, and changing the position of the 
tail cone triangle. Accomplishment of the actions specified in the 
service bulletin is intended to adequately address the identified 
unsafe condition. The DGAC classified this service bulletin as 
mandatory and issued French airworthiness directive 2002-514(B) R1, 
dated November 13, 2002, to ensure the continued airworthiness of these 
airplanes in France.

FAA's Conclusions

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously, 
except as discussed below.

Difference Between the Proposed Rule and the Service Bulletin

    Operators should note that, although the service bulletin describes 
procedures for submitting certain information to the manufacturer, this 
proposed AD would not require those actions. The FAA does not require 
this information.

Differences Between the Proposed Rule and the French Airworthiness 
Directive

    Although paragraphs 3.1 and 3.2 of the French airworthiness 
directive state that operators must perform periodic inspection of the 
elevators for excessive freeplay; repair worn parts if excessive 
freeplay is detected; and modify the elevator neutral setting; this 
proposed AD does not include those actions. Those actions are already 
included in AD 2001-16-09, amendment 39-12377 (66 FR 43471, August 20, 
2001). This proposed AD includes only the actions described in 
paragraph 3.3 of the French airworthiness directive.
    Although the French airworthiness directive is applicable to all 
Airbus Model A319, A320, and A321 series airplanes, this proposed AD 
applies only to certain Airbus Model A320 series airplanes. The action 
in paragraph 3.3 of the French airworthiness directive applies only to 
that model.

Cost Impact

    The FAA estimates that 64 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed inspection, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$4,160, or $65 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

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

Airbus: Docket 2002-NM-298-AD.

    Applicability: Model A320 series airplanes, as listed in Airbus 
Service Bulletin A320-27-1132, Revision 01, dated June 19, 2002; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent excessive vibrations of the elevators, which could 
result in reduced structural integrity and reduced controllability 
of the airplane, accomplish the following:

Detailed Inspection and Corrective Action

    (a) Within 800 flight hours after the effective date of this AD, 
perform a detailed inspection to determine the position of each

[[Page 34096]]

tail cone triangle in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-27-1132, Revision 01, 
dated June 19, 2002. If the position of the tail cone triangle is 
not within the limits specified in the service bulletin: Within 
3,500 hours after the inspection, re-rig the elevator servo controls 
to adjust the elevator neutral setting, and change the position of 
the tail cone triangle, in accordance with the service bulletin.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Actions Accomplished Per Previous Release of the Service Bulletin

    (b) Actions accomplished prior to the effective date of this AD 
in accordance with Airbus Service Bulletin A320-27-1132, dated March 
14, 2001, are considered acceptable for compliance with the 
corresponding actions required by this AD.

No Reporting Requirement

    (c) Although the service bulletin specifies to submit certain 
information to the manufacturer, this AD does not include such a 
requirement.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized 
to approve alternative methods of compliance for this AD.

    Note 2: The subject of this AD is addressed in French 
airworthiness directive 2002-514(B) R1, dated November 13, 2002.



    Issued in Renton, Washington, on June 9, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-13868 Filed 6-17-04; 8:45 am]
BILLING CODE 4910-13-P