[Federal Register Volume 71, Number 236 (Friday, December 8, 2006)]
[Proposed Rules]
[Pages 71103-71106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20851]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26516; Directorate Identifier 2006-NM-173-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318, A319, A320, and A321 
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies 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. The existing AD currently requires 
repetitive inspections of the upper and lower attachments of the 
trimmable horizontal stabilizer actuator (THSA) to measure for proper 
clearance and to detect cracks, damage, and metallic particles. The 
existing AD also requires corrective actions, if necessary, and reports 
of inspection findings. This proposed AD would shorten the repetitive 
interval for inspecting the upper THSA attachment. This proposed AD 
results from new test results on the secondary load path, which 
indicated the need to shorten the repetitive interval for inspecting 
the upper THSA attachment. We are proposing this AD to detect and 
correct failure of the THSA's primary load path, which 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: We must receive comments on this proposed AD by January 8, 2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2006-26516; Directorate Identifier 2006-NM-173-AD'' at the 
beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of the 
proposed AD. We will consider all comments received by the closing date 
and may amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

[[Page 71104]]

Examining the Docket

    You may examine the 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 DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    On March 22, 2006, we issued AD 2006-07-09, amendment 39-14536 (71 
FR 16203, March 31, 2006), 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. That AD requires repetitive 
inspections of the upper and lower attachments of the trimmable 
horizontal stabilizer actuator (THSA) to measure for proper clearance 
and to detect cracks, damage, and metallic particles. That AD also 
requires corrective actions, if necessary, and reports of inspection 
findings. That AD resulted from a report indicating 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 issued that 
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.

Actions Since Existing AD Was Issued

    Since we issued AD 2006-07-09, the European Aviation Safety Agency 
(EASA), which is the airworthiness authority for the European Union, 
has advised us that further tests on the secondary load path have 
indicated the need to shorten the repetitive interval for inspecting 
the upper THSA attachment.

Relevant Service Information

    AD 2006-07-09 cited Airbus Service Bulletin A320-27-1164, Revision 
03, dated August 24, 2005, as the appropriate source of service 
information for required actions. Airbus has since issued Revision 04, 
including Appendix 01, of the service bulletin, dated July 17, 2006, 
which describes essentially the same actions as those in Revision 03. 
Revision 04 recommends a shorter repetitive interval for inspecting the 
upper THSA attachment. Accomplishing the actions specified in the 
service information is intended to adequately address the unsafe 
condition. The EASA mandated the service information and issued 
airworthiness directive 2006-0223, dated July 21, 2006, to ensure the 
continued airworthiness of these airplanes in the European Union.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in France and are 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. As described in FAA 
Order 8100.14A, ``Interim Procedures for Working with the European 
Community on Airworthiness Certification and Continued Airworthiness,'' 
dated August 12, 2005, the EASA has kept the FAA informed of the 
situation described above. We have examined the EASA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for airplanes of this type design that are certificated for 
operation in the United States.
    This proposed AD would supersede AD 2006-07-09. This proposed AD 
would retain the requirements of that AD but with a shorter repetitive 
interval for inspecting the upper THSA attachment. This proposed AD 
would also require that reports of positive findings of each inspection 
be sent to Airbus.

Explanation of Change to Existing AD

    The existing AD requires that certain repairs be done using a 
method approved by either the FAA or the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) (or its delegated 
agent). The EASA has assumed responsibility for the airplane models 
that would be subject to this proposed AD. Therefore, this proposed AD 
would require that those repairs be done using a method approved by the 
FAA, the DGAC (or its delegated agent), or the EASA (or its delegated 
agent).

Explanation of Change to Applicability

    We have revised the applicability of the existing AD to identify 
model designations consistent with the parallel EASA airworthiness 
directive.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD, per inspection cycle.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                         Number  of
                                           Average                           Cost per      U.S.-
               Work hours                 labor rate         Parts           airplane    registered   Fleet cost
                                           per hour                                      airplanes
----------------------------------------------------------------------------------------------------------------
1......................................          $80  None...............          $80          700      $56,000
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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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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

[[Page 71105]]

responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the 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. 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 proposed 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14536 (71 FR 16203, March 31, 2006) and adding 
the following new airworthiness directive (AD):

Airbus: Docket No. FAA-2006-26516; Directorate Identifier 2006-NM-
173-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by January 
8, 2007.

Affected ADs

    (b) This AD supersedes AD 2006-07-09.

Applicability

    (c) This AD applies to all Airbus Model A318, A319, A320, and 
A321 airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from a report indicating that, during lab 
testing to verify the performance of the secondary load path of the 
trimmable horizontal stabilizer actuator (THSA) 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 detect and correct failure of the THSA's primary load path, which 
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.

    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.''

Repetitive Inspections: Lower THSA Attachment

    (f) Within 20 months since first flight, or within 600 flight 
hours after May 5, 2006 (the effective date of AD 2006-07-09), 
whichever occurs later: Do detailed inspections of the lower THSA 
attachments for proper clearances, 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; or Revision 04, including 
Appendix 01, dated July 17, 2006. After the effective date of this 
AD, only Revision 04 of the service bulletin may be used. Do 
corrective actions before further flight. Repeat the inspection 
thereafter at intervals not to exceed 20 months.

Repetitive Inspections: Upper THSA Attachment

    (g) At the earlier of the times specified in paragraphs (g)(1) 
and (g)(2) of this AD: Do detailed inspections of the upper THSA 
attachment for cracks, 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 04, including Appendix 01, dated July 17, 2006, except as 
required by paragraph (h) of this AD. Do corrective actions before 
further flight. Repeat the inspections thereafter at intervals not 
to exceed 10 months.
    (1) At the latest of the times specified in paragraphs 
(g)(1)(i), (g)(1)(ii), and (g)(1)(iii) of this AD.
    (i) Within 10 months since the first flight of the airplane.
    (ii) Within 10 months after the most recent inspection of the 
upper THSA attachment done in accordance with Airbus Service 
Bulletin A320-27-1164, Revision 02, including Appendix 01, dated 
March 30, 2005; Revision 03, including Appendix 01, dated August 24, 
2005; or Revision 04, including Appendix 01, dated July 17, 2006.
    (iii) Within 100 days after the effective date of this AD.
    (2) Within 20 months after the most recent inspection of the 
upper THSA attachment done in accordance with Airbus Service 
Bulletin A320-27-1164, Revision 02, dated March 30, 2005; Revision 
03, dated August 24, 2005; or Revision 04, dated July 17, 2006.

Repair Exceptions

    (h) If any metallic particles are detected during any inspection 
required by paragraph (g) of this AD: Repair the damage before 
further flight in accordance with a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
the Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) (or 
its delegated agent); or the European Aviation Safety Agency (EASA) 
(or its delegated agent).

Acceptable Prior Actions

    (i) Inspections of the lower THSA attachment done before May 5, 
2006, 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 inspection requirements of 
paragraph (f) of this AD.
    (j) 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; or Revision 03, 
including Appendix 01, dated August 24, 2005; are acceptable for 
compliance with the corresponding requirements of paragraphs (f) and 
(g) of this AD.

Inspection Reports

    (k) At the applicable time specified in paragraph (k)(1) or 
(k)(2) of this AD, send a report of the positive findings of all 
inspections required by paragraphs (f) and (g) of this AD to Airbus, 
1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. 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. Using Appendix 01 of 
Airbus Service Bulletin A320-27-1164, Revision 02, dated March 30, 
2005; Revision 03, dated August 24, 2005; or Revision 04, dated July 
17, 2006; 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) For any inspection done before the effective date of this 
AD: Send the report within 30 days after the effective date of this 
AD.
    (2) For any inspection done after the effective date of this AD: 
Send the report within 30 days after the inspection.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, International Branch, ANM-116, 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

[[Page 71106]]

Flight Standards Certificate Holding District Office.

Related Information

    (m) EASA airworthiness directive 2006-0223, dated July 21, 2006, 
also addresses the subject of this AD.

    Issued in Renton, Washington, on November 24, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-20851 Filed 12-7-06; 8:45 am]
BILLING CODE 4910-13-P