[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Proposed Rules]
[Pages 45982-45985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16094]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25658; Directorate Identifier 2006-NM-054-AD]
RIN 2120-AA64


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

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier supplemental NPRM for an 
airworthiness directive (AD) that applies to certain Airbus Model A318, 
A319, A320, and A321 airplanes. The first supplemental NPRM would have 
superseded an existing AD that currently requires repetitive detailed 
inspections of the inboard flap trunnions for any wear marks and of the 
sliding panels for any cracking at the long edges, and corrective 
actions if necessary. These actions resulted from reports of wear 
damage to the inboard flap trunnions after incorporation of the 
terminating modification, and certain airplanes were inadvertently 
excluded from the applicability in the original NPRM. This new action 
revises the first supplemental NPRM by adding airplanes that were 
recently added to the type certificate data sheet. We are proposing 
this second supplemental NPRM to detect and correct wear of the inboard 
flap trunnions, which could lead to loss of flap surface control and 
consequently result in the flap detaching from the airplane. A detached 
flap could result in damage to the tail of the airplane.

DATES: We must receive comments on this supplemental NPRM by September 
10, 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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room W12-140 on the ground floor of the 
West Building, 1200 New Jersey Avenue, SE., 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 second supplemental 
NPRM.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposal. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2006-25658;

[[Page 45983]]

Directorate Identifier 2006-NM-054-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this second supplemental 
NPRM. We will consider all comments received by the closing date and 
may amend this second supplemental NPRM in light of those comments.
    We will post all comments submitted, 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.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Operations office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Docket Operations office (telephone (800) 647-5527) is located on the 
ground floor of the West Building at the street address stated in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after the Docket Management System receives them.

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (NPRM) 
(``the first supplemental NPRM'') to amend 14 CFR part 39 to include an 
AD that supersedes AD 2006-04-06, amendment 39-14487 (71 FR 8439, 
February 17, 2006). The existing AD applies to certain Airbus Model 
A318, A319, A320, and A321 airplanes. The first supplemental NPRM was 
published in the Federal Register on March 6, 2007 (72 FR 9880). The 
first supplemental NPRM proposed to continue to require repetitive 
detailed inspections of the inboard flap trunnions for any wear marks 
and of the sliding panels for any cracking at the long edges, and 
corrective actions if necessary. The first supplemental NPRM also 
proposed to revise the original NPRM by including airplanes that were 
inadvertently excluded from the applicability.

Actions Since First Supplemental NPRM Was Issued

    Since we issued the first supplemental NPRM, Airbus has issued 
Service Bulletin A320-57-1133, Revision 02, including Appendix 01, 
dated December 12, 2006. (We referred to Airbus Service Bulletin A320-
57-1133, Revision 01, dated August 7, 2006, in the first supplemental 
NPRM as the appropriate source of service information for accomplishing 
certain proposed actions.) The changes in Revision 02 are minor, and no 
additional work is necessary for airplanes modified by the previous 
issues; Revision 02 adds airplanes and recommends contacting Airbus for 
certain corrective actions. We have changed the applicable sections in 
the second supplemental NPRM to refer to Revision 02 as the appropriate 
source of service information for accomplishing certain proposed 
actions. In addition, we have changed paragraph (j) of the second 
supplemental NPRM to provide credit for accomplishing applicable 
actions before the effective date of the AD in accordance with Revision 
01 of that service bulletin.

Comments

    We have considered the following comments on the first supplemental 
NPRM.

Request to Expand Applicability

    Airbus asks that we add Model A321-212, -213, and -232 airplanes to 
the applicability specified in paragraph (c) of the first supplemental 
NPRM. Airbus states that the AD should be applicable to all Model A318, 
A319, A320, and A321 airplanes that have received Airbus Modification 
26495 in production or Airbus Service Bulletin A320-27-1117 in service.
    We agree with Airbus for the reasons provided, and because those 
airplanes were added to Revision 9 of the U.S. type certificate data 
sheet (TCDS) on March 23, 2007. In addition, Airbus Model 318-121 and -
122 airplanes were added to Revision 10 of the TCDS on May 31, 2007; 
therefore, we have also added those airplanes to the applicability in 
the second supplemental NPRM. We have changed paragraph (c) of the 
second supplemental NPRM accordingly.

Request To Remove Certain Requirements

    Airbus asks that we remove the new requirement specified in 
paragraph (h) of the first supplemental NPRM. Airbus states that it 
does not concur with the new requirement to apply Airbus Service 
Bulletin A320-27-1117, Revision 04, dated November 6, 2001, on Model 
A321-211 and -231 airplanes, except those on which Airbus Modification 
26495 has been accomplished in production. Airbus notes that ``* * * 
the modification introduced by Service Bulletin A320-27-1117 has not 
been confirmed satisfactory; this is the reason why additional 
inspections have been defined in Service Bulletin A320-57-1133 and a 
final fix to this last inspection under definition.'' Airbus adds that 
Airbus Service Bulletin A320-27-1117 was issued to provide terminating 
action of another inspection specified in Airbus Service Bulletin A320-
27-1108, Revision 04, dated November 22, 1999, for Model A321 
airplanes. Airbus notes that if there are still Model A321-211 and -231 
airplanes that are pre-modification 26495 on which Airbus Service 
Bulletin A320-27-1117 has not been done, the inspections specified in 
Airbus Service Bulletin A320-27-1108, Revision 04, should continue to 
be performed until the final fix is available.
    We agree with Airbus, we have determined that the subject 
modification is not adequate to address the identified unsafe 
condition. Therefore, for that reason, and the reasons provided by 
Airbus, we have removed paragraphs (h) and (i) from the second 
supplemental NPRM and reidentified subsequent paragraphs accordingly.

Difference Between Proposed Rule and Service Bulletin

    Service Bulletin A320-57-1133, Revision 02, specifies to contact 
the manufacturer for instructions on how to repair certain conditions, 
but this proposed AD would require repairing those conditions using a 
method approved by the FAA, or the European Aviation Safety Agency 
(EASA) (or its delegated agent), or the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) (or its delegated 
agent). In light of the type of repair that would be required to 
address the unsafe condition, and consistent with existing bilateral 
airworthiness agreements, we have determined that, for this proposed 
AD, a repair approved by the FAA, the EASA, or the DGAC would be 
acceptable for compliance with this proposed AD.

Clarification of Alternative Method of Compliance (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.

[[Page 45984]]

FAA's Determination and Proposed Requirements of the Second 
Supplemental NPRM

    Certain changes discussed above expand the scope of the first 
supplemental NPRM; therefore, we have determined that it is necessary 
to reopen the comment period to provide additional opportunity for 
public comment on the second supplemental NPRM.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with the second supplemental NPRM.

                                                                     Estimated Costs
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                                                                                                                   Number of U.S.-
               Action                  Work hours     Average labor          Parts            Cost per airplane      registered          Fleet cost
                                                      rate per hour                                                   airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Modification in AD 2006-04-06......              14             $80  The manufacturer       $1,120...............             768  $860,160.
                                                                      states that it will
                                                                      supply required
                                                                      parts to operators
                                                                      at no cost.
Detailed inspection in AD 2006-04-                2              80  None.................  $160, per inspection              768  $122,880, per
 06.                                                                                         cycle.                                 inspection cycle.
General visual inspection (new                    1              80  None.................  $80, per inspection               754  $60,320, per
 proposed action).                                                                           cycle.                                 inspection cycle.
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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 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 supplemental NPRM 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 39-14487 (71 FR 8439, February 17, 2006) and adding 
the following new airworthiness directive (AD):

AIRBUS: Docket No. FAA-2006-25658; Directorate Identifier 2006-NM-
054-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September 
10, 2007.

Affected ADs

    (b) This AD supersedes AD 2006-04-06.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes on 
which Airbus Modification 26495 has been incorporated in production.
    (2) All Airbus 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; and Model A321-111, -112, 
-131, -211, -212, -213, -231, and -232 airplanes.

Unsafe Condition

    (d) This AD results from a determination that certain airplanes 
must be included in the applicability of the AD, and that the 
inspection type must be revised. We are issuing this AD to detect 
and correct wear of the inboard flap trunnions, which could lead to 
loss of flap surface control and consequently result in the flap 
detaching from the airplane. A detached flap could result in damage 
to the tail 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.

Restatement of Requirements of AD 2006-04-06

Modification

    (f) For 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; and Model A321-111, -112, and -
131 airplanes; except those on which Airbus Modification 26495 has 
been accomplished in production: Within 18 months after January 8, 
2001 (the effective date of AD 2000-24-02, amendment 39-12009), 
modify the sliding panel driving mechanism of the flap drive 
trunnions, in accordance with Airbus Service Bulletin A320-27-1117, 
Revision 02, dated January 18, 2000; or Revision 04, dated November 
6,

[[Page 45985]]

2001. As of the effective date of this AD, only Revision 04 may be 
used.

    Note 1: Accomplishment of the modification required by paragraph 
(f) of this AD before January 8, 2001, in accordance with Airbus 
Service Bulletin A320-27-1117, dated July 31, 1997; or Revision 01, 
dated June 25, 1999; is acceptable for compliance with that 
paragraph.

Detailed Inspections

    (g) For 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; and Model A321-111, -112, and -131 airplanes: At the 
latest of the applicable times specified in paragraphs (g)(1), 
(g)(2), and (g)(3) of this AD, do a detailed inspection of the 
inboard flap trunnions for any wear marks and of the sliding panels 
for any cracking at the long edges, and do any corrective actions, 
as applicable, by accomplishing all of the applicable actions 
specified in the Accomplishment Instructions of Airbus Service 
Bulletin A320-57-1133, dated July 28, 2005; Revision 01, dated 
August 7, 2006; or Revision 02, dated December 12, 2006; except as 
provided by paragraph (n) of this AD. As of the effective date of 
this AD, only Revision 02 may be used. Any corrective actions must 
be done at the compliance times specified in Figures 5 and 6, as 
applicable, of the service bulletin; except as provided by 
paragraphs (k), (l), and (m) of this AD. Repeat the inspection 
thereafter at intervals not to exceed 4,000 flight hours until the 
inspection required by paragraph (h) of this AD is done.

    Note 2: 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.''

    (1) Before accumulating 4,000 total flight hours on the inboard 
flap trunnion since new.
    (2) Within 4,000 flight hours after accomplishing paragraph (f) 
of this AD.
    (3) Within 600 flight hours after March 24, 2006 (the effective 
date of AD 2006-04-06).

New Requirements of This AD

General Visual Inspections

    (h) For all airplanes: At the time specified in paragraph (h)(1) 
or (h)(2) of this AD, as applicable, do a general visual inspection 
of the inboard flap trunnions for any wear marks and of the sliding 
panels for any cracking at the long edges, and do all applicable 
corrective actions by accomplishing all of the applicable actions 
specified in the Accomplishment Instructions of Airbus Service 
Bulletin A320-57-1133, Revision 02, dated December 12, 2006; except 
as provided by paragraphs (i) and (o) of this AD. All corrective 
actions must be done at the compliance times specified in Figures 5 
and 6, as applicable, of the service bulletin; except as provided by 
paragraphs (l), (m), and (n) of this AD. Repeat the inspection 
thereafter at intervals not to exceed 4,000 flight hours. 
Accomplishing the general visual inspection required by this 
paragraph terminates the detailed inspection requirement of 
paragraph (g) of this AD.

    Note 3: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

    (1) For airplanes on which the detailed inspection required by 
paragraph (g) of this AD has been done before the effective date of 
this AD: Inspect before accumulating 4,000 total flight hours on the 
inboard flap trunnion since new, or within 4,000 flight hours after 
accomplishing the most recent inspection required by paragraph (g) 
of this AD, whichever occurs later.
    (2) For airplanes other than those identified in paragraph 
(h)(1) of this AD: Inspect at the latest of the applicable times 
specified in paragraphs (h)(2)(i), (h)(2)(ii), and (h)(2)(iii) of 
this AD.
    (i) Before accumulating 4,000 total flight hours on the inboard 
flap trunnion since new.
    (ii) Within 4,000 flight hours after accomplishing paragraph (f) 
of this AD.
    (iii) Within 600 flight hours after the effective date of this 
AD.
    (i) Where Airbus Service Bulletin A320-57-1133, Revision 02, 
dated December 12, 2006, specifies to contact the manufacturer for 
instructions on how to repair certain conditions: Before further 
flight, repair using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA) (or its delegated agent), or 
the Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) (or 
its delegated agent).

Actions Done Using Previous Issues of Service Information

    (j) Accomplishing the modification required by paragraph (f) of 
this AD before the effective date of this AD, in accordance with 
Airbus Service Bulletin A320-27-1117, Revision 03, dated August 24, 
2001, is acceptable for compliance with the requirements of that 
paragraph.
    (k) Accomplishing the inspections and corrective actions 
required by paragraph (h) of this AD before the effective date of 
this AD, in accordance with Airbus Service Bulletin A320-57-1133, 
dated July 28, 2005; or Revision 01, dated August 7, 2006; is 
acceptable for compliance with the requirements of that paragraph.

Compliance Times

    (l) Where Airbus Service Bulletins A320-57-1133, dated July 28, 
2005; Revision 01, dated August 7, 2006; and Revision 02, dated 
December 12, 2006; specify replacing the sliding panel at the next 
opportunity if damaged, replace it within 600 flight hours after the 
inspection required by paragraph (g) or (h) of this AD, as 
applicable.
    (m) If any damage to the trunnion is found during any inspection 
required by paragraph (g) or (h) of this AD, before further flight, 
do the corrective actions specified in Airbus Service Bulletin A320-
57-1133, Revision 01, dated August 7, 2006; or Revision 02, dated 
December 12, 2006.

Grace Period Assessment

    (n) Where Airbus Service Bulletins A320-57-1133, dated July 28, 
2005; Revision 01, dated August 7, 2006; and Revision 02, dated 
December 12, 2006; specify contacting the manufacturer for a grace 
period assessment after replacing the trunnion or flap, contact the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; the Direction G[eacute]n[eacute]rale de l'Aviation 
Civile (or its delegated agent for the grace period assessment.

No Reporting Requirement

    (o) Although Airbus Service Bulletins A320-57-1133, dated July 
28, 2005; Revision 01, dated August 7, 2006; and Revision 02, dated 
December 12, 2006; specify to submit certain information to the 
manufacturer, this AD does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (p)(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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Related Information

    (q) French airworthiness directive F-2005-139, dated August 3, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on July 31, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-16094 Filed 8-15-07; 8:45 am]
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