[Federal Register Volume 70, Number 209 (Monday, October 31, 2005)]
[Rules and Regulations]
[Pages 62232-62234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21427]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-298-AD; Amendment 39-14354; AD 2005-22-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320-111 Airplanes, and 
Model A320-200 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 A320-111 airplanes, and Model A320-
200 series airplanes, that requires 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: Effective December 5, 2005.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of December 5, 2005.

ADDRESSES: The service information referenced in this AD may be 
obtained from Airbus, 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.

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: 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 June 18, 2004 (69 FR 
34094). That action proposed to require a detailed inspection of the 
tail cone triangle to determine its position, and corrective actions if 
necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the AD

    Three commenters support the proposed AD.

Request To Reference Airplane Maintenance Manual (AMM) Task

    One commenter requests that we refer to AMM Task 27-34-00-820-003 
as the appropriate source of service information for rigging the 
elevators. The commenter explains that this task, and its associated 
tool, rigs the elevator neutral setting to 0.5 degree nose-up in 
accordance with AD 2001-16-09, amendment 39-12377 (66 FR 43471, August 
20, 2001). The commenter does not promote the use of the tail cone 
triangles because they are considered for reference only. The commenter 
believes that mandating the position of the tail cone reference 
triangle will have little effect in ensuring the proper rigging of the 
elevator. The commenter further stresses that if it is absolutely 
necessary

[[Page 62233]]

to mandate the rigging of the elevators, then the rigging should be 
mandated in accordance with AMM Task 27-34-00-820-003, rather than with 
Airbus Service Bulletin A320-27-1132, Revision 01, dated June 19, 2002, 
which was referenced in the proposed AD as the appropriate source of 
service information for accomplishing the required actions.
    We infer that the commenter is requesting that we either withdraw 
the proposed AD or mandate rigging the elevators in accordance with 
Airbus A320 AMM Task 27-34-00-820-003, rather than inspecting for the 
position of the tail cone triangles in accordance with the service 
bulletin. We do not agree with the request to withdraw the proposed AD 
or with the request to require rigging the elevators in accordance with 
Airbus A320 AMM Task 27-34-00-820-003 rather than inspecting for the 
position of the tail cone triangles in accordance with the service 
bulletin. The service bulletin already requires rigging the elevators 
in accordance with A320 AMM Task 27-34-00-820-003 if the tail cone 
triangles are not in the correct position. However, in order to address 
the possibility that an operator may use AMM Task 27-34-00-820-001 or 
27-34-00-820-002, for rigging the elevator using the tail cone 
triangle, we must ensure that the triangles are in the proper position. 
As stated in the proposed AD, the tail cone triangles were not 
installed properly on certain airplanes during production, which could 
result in mis-rigged elevator servo-controls. Mis-rigged elevator servo 
controls could result in low hinge moments, and possible vibrations if 
combined with elevator freeplay. The removal of the tail cone 
triangles, along with the removal of the AMM tasks that refer to the 
tail cone triangles may be acceptable as an alternative method of 
compliance (AMOC) with the AD. Paragraph (d) of the final rule provides 
for operators' requests for approval of AMOCs. No change to the final 
rule is necessary.

Request To Give Credit for Earlier Revision of Service Bulletin

    Another commenter requests that we change the proposed AD to 
clarify whether or not actions accomplished before the effective date 
of the proposed AD in accordance with the original issue of Airbus 
Service Bulletin A320-27-1132, dated March 14, 2001, are acceptable for 
compliance with the proposed actions. (Airbus Service Bulletin A320-27-
1132, Revision 01, dated June 19, 2002, was referenced as the 
appropriate source of service information for accomplishing the 
proposed actions). The commenter points out that Revision 01 of the 
service bulletin states ``No additional work is required by this 
revision for aircraft modified by any previous issue.''
    We agree with the commenter. The existing paragraph (b) in the 
proposed AD gives credit to operators that have accomplished the 
actions in accordance with the original issue of the service bulletin. 
No change to the final rule is necessary.

Explanation of Changes to Applicability

    We have revised the applicability of the AD to identify the model 
designations as published in the most recent type certificate data 
sheet for the affected model.

Clarification of AMOC Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Cost Impact

    We estimate that 64 airplanes of U.S. registry will be affected by 
this AD, that it will take approximately 1 work hour per airplane to 
accomplish the inspection, and that the average labor rate is $65 per 
work hour. Based on these figures, the cost impact of this 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 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.

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 Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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.

[[Page 62234]]

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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

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

2005-22-10 Airbus: Amendment 39-14354. Docket 2002-NM-298-AD.

    Applicability: Model A320-111, -211, -212, -214, -231, -232, and 
-233 airplanes, 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 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 flight 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)(1) In accordance with 14 CFR 39.19, the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
is authorized to approve alternative methods of compliance for this 
AD.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions must be 
done in accordance with Airbus Service Bulletin A320-27-1132, 
Revision 01, excluding Appendix 01, dated June 19, 2002. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. To get copies of this service information, contact Airbus, 1 
Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. To inspect 
copies of this service information, go to the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
to the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.


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

Effective Date

    (f) This amendment becomes effective on December 5, 2005.

    Issued in Renton, Washington, on October 20, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-21427 Filed 10-28-05; 8:45 am]
BILLING CODE 4910-13-P