[Federal Register Volume 71, Number 62 (Friday, March 31, 2006)]
[Rules and Regulations]
[Pages 16203-16206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3062]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22794; Directorate Identifier 2005-NM-097-AD; 
Amendment 39-14536; AD 2006-07-09]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318-100 and A319-100 
Series Airplanes; Model A320-111 Airplanes; and Model A320-200, A321-
100, and A321-200 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Model A318-100 and A319-100 series airplanes; Model A320-111 
airplanes; and Model A320-200, A321-100, and A321-200 series airplanes. 
This AD requires repetitive detailed inspections of the trimmable 
horizontal stabilizer actuator (THSA) attachments for proper 
clearances, and any crack, damage, or metallic particles; related 
corrective actions if necessary; and a report of the inspection results 
to the manufacturer. This AD results from a report that during lab 
testing to verify the performance of the THSA's secondary load path 
with a simulated failure of the THSA's primary load path, the secondary 
load path's nut did not jam (as it was supposed to do). We are issuing 
this AD to ensure the integrity of the THSA's primary load path, which 
if failed, could result in latent (undetected) loading and eventual 
failure of the THSA's secondary load path and consequent uncontrolled 
movement of the horizontal stabilizer and loss of control of the 
airplane.

DATES: This AD becomes effective May 5, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 5, 2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department

[[Page 16204]]

of Transportation, 400 Seventh Street SW., Nassif Building, room PL-
401, Washington, DC.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this AD.

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:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all Airbus Model A318-
100 and A319-100 series airplanes; Model A320-111 airplanes; and Model 
A320-200, A321-100, and A321-200 series airplanes. That NPRM was 
published in the Federal Register on October 27, 2005 (70 FR 61922). 
That NPRM proposed to require repetitive detailed inspections of the 
trimmable horizontal stabilizer actuator (THSA) attachments for proper 
clearances, and any crack, damage, or metallic particles; related 
corrective actions if necessary; and a report of the inspection results 
to the manufacturer.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Updated Service Information

    Since we published the NPRM, we have reviewed Airbus Service 
Bulletin A320-27-1164, Revision 03, including Appendix 01, dated August 
24, 2005. The actions described in this service bulletin are 
essentially the same as the service bulletin we referenced in the NPRM, 
Airbus Service Bulletin A320-27-1164, Revision 02, including Appendix 
01, dated March 30, 2005, except for some minor procedural changes in 
the order of some steps and when an operator should submit an 
inspection report. We have revised paragraph (f) of this AD to update 
the reference to Revision 03 of the service bulletin, and have added 
paragraph (h) to this AD to allow credit for previous actions done in 
accordance with Revision 02 of the service bulletin.

Supportive Comments

    Three commenters (Airbus, a pilot representing Spirit Airlines 
pilots, and the Air Line Pilots Association) support the AD. Air 
Transport Association (ATA) members ``generally support the intent of 
the rulemaking.''

Request To Extend Compliance Time for Repetitive Inspections

    The ATA, on behalf of Northwest Airlines, requests that we extend 
the repetitive inspection interval from 20 months to approximately 21-
22 months. The ATA states that accomplishing the repetitive inspections 
of the THSA attachments at intervals of 20 months would put a 
significant financial and logistical burden on some operators because 
some operators have heavy maintenance schedules that exceed the 20-
month interval. Northwest Airlines, in its comments, also states that 
it is not aware of any substantiating data that would limit the 
inspection interval and believes the increase in the inspection 
interval would not affect the level of safety.
    We do not agree to increase the inspection interval. The ATA did 
not provide any substantive data to support an increase. In addition, 
the manufacturer does not support any increase beyond the 20-month 
inspection interval, until it completes additional testing. We may 
consider a request for an alternative method of compliance (AMOC) if 
data is provided to support such a request. This AD remains unchanged 
in this regard.

Request To Remove Requirement To Inspect Upper THSA Attachments

    The ATA, on behalf of U.S. Airways, states that, if the gap 
clearance of the lower THSA attachment is within limits, then an 
inspection of the upper THSA attachment is unnecessary. The ATA 
contends that if the lower THSA attachment shows no sign of damage, 
there would be no additional loading on the upper THSA attachment. 
Further, U.S. Airways notes that if the gap clearance of the lower THSA 
attachment is incorrect, then the THSA is replaced. Part of the 
replacement procedures involve inspecting all of the THSA attachments, 
thus eliminating any safety concerns with the actuator or attachments.
    We infer that the ATA requests that we remove the requirement to 
inspect the upper THSA attachment. We do not agree to remove the 
inspection requirement for the upper THSA attachment. The designs of 
both attachments include primary and secondary load paths that operate 
independently of each other. Therefore, a finding of proper clearance 
during the lower THSA attachment's inspection is no guarantee that the 
upper THSA attachment is not damaged. This AD has not changed in this 
regard.

Request To Allow Credit for Previously Accomplished Inspections

    US Airways also requests that we mandate the actions of Airbus 
Alert Service Bulletin A320-27A1164, dated September 10, 2004, to 
prevent unnecessary work for operators that have performed lower THSA 
attachment inspections in accordance with that service bulletin.
    We disagree with U.S. Airways' request to mandate the alert service 
bulletin. However, we agree to allow credit for the alert service 
bulletin as it applies to the lower THSA attachment. Since the 
publication of the alert service bulletin and of Airbus Service 
Bulletin A320-27-1164, Revision 01, including Appendix 01, dated 
December 17, 2004, it has been found that an inspection of the upper 
THSA attachment is also necessary. Therefore, the actions in the alert 
service bulletin and Revision 01 are acceptable only for the lower THSA 
attachment. The upper THSA attachment must be inspected in accordance 
with Revision 03, dated August 24, 2005, or have been inspected before 
the effective date of this AD in accordance with Revision 02, dated 
March 30, 2005. Paragraph (i) of this AD has been added to allow credit 
for the lower THSA attachment inspection(s).

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD will affect about 700 airplanes of U.S. registry. The 
actions will take about 1 work hour per airplane, at an average labor 
rate of $65 per work hour. Based on these figures, the estimated cost 
of the AD for U.S. operators is $45,500, or $65 per airplane, per 
inspection cycle.

[[Page 16205]]

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 have 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 that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-07-09 Airbus: Amendment 39-14536. Docket No. FAA-2005-22794; 
Directorate Identifier 2005-NM-097-AD.

Effective Date

    (a) This AD becomes effective May 5, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A318-111 and -112 
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -
133 airplanes; Model A320-111 airplanes; Model A320-211, -212, -214, 
-231, -232, and -233 airplanes; Model A321-111, -112, and -131 
airplanes, and Model A321-211, -212, -213, -231 and -232 airplanes; 
certificated in any category.

Unsafe Condition

    (d) This AD results from a report that during lab testing to 
verify the performance of the trimmable horizontal stabilizer 
actuator's (THSA's) secondary load path with a simulated failure of 
the THSA's primary load path, the secondary load path's nut did not 
jam (as it was supposed to do). We are issuing this AD to ensure the 
integrity of the THSA's primary load path, which if failed, could 
result in latent (undetected) loading and eventual failure of the 
THSA's secondary load path and consequent uncontrolled movement of 
the horizontal stabilizer and loss of control of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Repetitive Inspections and Corrective Action

    (f) Within 20 months since first flight, or within 600 flight 
hours after the effective date of this AD, whichever occurs later, 
do detailed inspections of the THSA attachments for proper 
clearances and any crack, damage, or metallic particles, and do 
related corrective actions as applicable, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-27-1164, 
Revision 03, including Appendix 01, dated August 24, 2005, except as 
described in paragraph (g) of this AD. Do corrective actions before 
further flight. Thereafter, repeat the inspections at intervals not 
to exceed 20 months.

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

    (g) If any metallic particles are detected during the inspection 
required by paragraph (f) of this AD: Before further flight, repair 
the damage according to a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) 
(or its delegated agent).

Previous Actions

    (h) Actions done before the effective date of this AD in 
accordance with Airbus Service Bulletin A320-27-1164, Revision 02, 
including Appendix 01, dated March 30, 2005, are acceptable for 
compliance with the requirements of paragraph (f) of this AD.
    (i) Inspections of the lower THSA attachment done before the 
effective date of this AD in accordance with Airbus Alert Service 
Bulletin A320-27A1164, dated September 10, 2004; or Airbus Service 
Bulletin A320-27-1164, Revision 01, including Appendix 01, dated 
December 17, 2004; are acceptable for compliance with the lower THSA 
attachment inspection requirements of paragraph (f) of this AD.

Inspection Reports

    (j) Submit a report of the findings (both positive and negative) 
of the inspection required by paragraph (f) of this AD to Airbus, 1 
Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, at the 
applicable time specified in paragraph (j)(1) or (j)(2) of this AD. 
The report must include the inspection results, a description of any 
discrepancies found, the airplane serial number, and the number of 
landings and flight hours on the airplane. Appendix 01 of Airbus 
Service Bulletin A320-27-1164, Revision 02, dated March 30, 2005, or 
of Revision 03, dated August 24, 2005, is an acceptable method to 
comply with this paragraph. 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 
contained in this AD and has assigned OMB Control Number 2120-0056.
    (1) If the inspection was done after the effective date of this 
AD: Submit the report within 30 days after the inspection.
    (2) If any inspection was accomplished prior to the effective 
date of this AD: Submit the report within 30 days after the 
effective date of this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (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.

[[Page 16206]]

Related Information

    (l) French airworthiness directive F-2005-051, dated March 30, 
2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (m) You must use Airbus Service Bulletin A320-27-1164, Revision 
03, including Appendix 01, dated August 24, 2005, to perform the 
actions that are required by this AD, unless the AD specifies 
otherwise. The Director of the Federal Register approved the 
incorporation by reference of this document in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point 
Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this 
service information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
room PL-401, Nassif Building, Washington, DC; on the Internet at 
http://dms.dot.gov; or at 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.

    Issued in Renton, Washington, on March 22, 2006.
Michael Zielinski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-3062 Filed 3-30-06; 8:45 am]
BILLING CODE 4910-13-P