[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Rules and Regulations]
[Pages 4126-4129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0558; Directorate Identifier 2007-NM-365-AD; 
Amendment 39-15783; AD 2009-01-04]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Some operators have reported occurrences of loss of the AC BUS 1 
with subsequent loss of the AC ESS BUS and DC ESS BUS, resulting in 
the loss of 5 upper Display Units and the loss of integral lighting. 
In this situation, flight crew[s] have reported concerns in reading 
the standby instruments when the DOME lights were selected to OFF.
    This situation, if not corrected, could increase the workload of 
the flight crew * * *.
* * * * *
    The unsafe condition is reduced ability of the flightcrew to 
maintain the safe flight and landing of the airplane in adverse 
operating conditions. We are issuing this AD to require actions to 
correct the unsafe condition on those products.

DATES: This AD becomes effective February 27, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 27, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on May 20, 2008 (73 FR 
29089). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Some operators have reported occurrences of loss of the AC BUS 1 
with subsequent loss of the AC ESS BUS and DC ESS BUS, resulting in 
the loss of 5 upper Display Units and the loss of integral lighting. 
In this situation, flight crews[s] have reported concerns in reading 
the standby instruments when the DOME lights were selected to OFF.
    This situation, if not corrected, could increase the workload of 
the flight crew * * *.
    This Airworthiness Directive (AD) mandates the modification of 
the electrical supply logic by adding a back-up supply on the 
battery hot bus for the under glare shield flood lighting.

The unsafe condition is reduced ability of the flightcrew to maintain 
the safe flight and landing of the airplane in adverse operating 
conditions. You may obtain further information by examining the MCAI in 
the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Include Revised Service Information

    Airbus, United Airlines, and the Air Transport Association on 
behalf of its member U.S. Airways, ask that Airbus Mandatory Service 
Bulletin A320-33-1057, Revision 01, dated January 31, 2008, be referred 
to in the AD for doing the proposed modification. Airbus Service 
Bulletin A320-33-1057, dated May 11, 2007, was referred to in the NPRM 
as the appropriate source of service information for doing the 
modification.
    We agree and we have changed paragraphs (f) and (h) of this AD to 
include Airbus Mandatory Service Bulletin A320-33-1057, Revision 01, 
dated January 31, 2008, as the appropriate source of service

[[Page 4127]]

information for doing the modification. No additional work is necessary 
for airplanes modified in accordance with Airbus Service Bulletin A320-
33-1057, dated May 11, 2007. We have also included credit for 
accomplishing Airbus Service Bulletin A320-33-1057, dated May 11, 2007, 
to do the modification before the effective date of the AD.

Request To Reduce Compliance Time

    The Airline Pilots Association, International (ALPA) asks that the 
42-month compliance time proposed in the NPRM be reduced to 18 months. 
ALPA states that, given the potentially serious consequences of a 
flightcrew being unable to view their standby instruments, a shorter 
compliance time should be imposed.
    We do not agree that the compliance time should be reduced. In 
developing the compliance time for this AD action, we considered not 
only the safety implications of the identified unsafe condition, but 
the average utilization rate of the affected fleet, the practical 
aspects of modifying the fleet during the compliance time, and the 
availability of required parts. In addition, we have coordinated with 
the European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community. We have 
determined that the 42-month compliance time to do the modification 
addresses the identified unsafe condition and ensures an adequate level 
of safety for the affected fleet. We have made no change to the AD in 
this regard.

Request To Allow Another Source of Service Information

    Northwest Airlines (NWA) asks that we allow accomplishing the 
actions specified in either Airbus Service Bulletin A320-24-1120, 
Revision 01, dated December 19, 2007; or Airbus Service Bulletin A320-
33-1057, dated May 11, 2007; as a method of complying with the NPRM. 
The NPRM proposes to require accomplishing the modification in 
accordance with Airbus Service Bulletin A320-33-1057, dated May 11, 
2007, and makes no reference to Airbus Service Bulletin A320-24-1120, 
Revision 01, dated December 19, 2007. NWA states that Airbus Service 
Bulletin A320-33-1057, dated May 11, 2007, does not correct the root 
cause of the problem, and does not alleviate other operational 
consequences of the faults. NWA notes that Airbus Service Bulletin 
A320-33-1057, dated May 11, 2007, adds the provision for lighting of 
the standby instruments if there is a loss of AC BUS1, and AC and DC 
ESS BUS. NWA adds that the majority of commercial air traffic occurs 
during daylight when the illumination of standby instruments by the 
glare shield lighting is not required. NWA states that no lost systems 
are recovered and the flightcrew must work through COM procedures, 
possibly during critical flight phases. NWA notes that the only 
additional margin of safety provided is at night, under some flight 
phases. NWA states that it prefers to accomplish the modification 
specified in Airbus Service Bulletin A320-24-1120, dated December 19, 
2007, because it negates the need for the improved lighting specified 
in Airbus Service Bulletin A320-33-1057, dated May 11, 2007. NWA adds 
that Airbus Service Bulletin A320-24-1120, Revision 01, dated December 
19, 2007, addresses the unsafe condition by installing an automatic 
switching system for the AC and DC ESS BUS fault to recover all lost 
systems in approximately five seconds. NWA adds that the automatic 
recovery resolves the display outage, loss of VHF radios, and nose 
wheel steering with no flightcrew intervention.
    We do not agree to allow accomplishing the actions specified in 
Airbus Service Bulletin A320-24-1120, Revision 01, dated December 19, 
2007, as an option to accomplishing the actions in Airbus Service 
Bulletin A320-33-1057, dated May 11, 2007; or Airbus Mandatory Service 
Bulletin A320-33-1057, Revision 01, dated January 31, 2008. We have 
determined that accomplishment of actions in Airbus Service Bulletin 
A320-33-1057, dated May 11, 2007; or Airbus Mandatory Service Bulletin 
A320-33-1057, Revision 01, dated January 31, 2008, not only ensures 
adequate lighting to the standby instruments in all phases of flight, 
but also provides backup power to the conventional standby attitude 
indicator itself from the hot battery bus. We agree that accomplishing 
the modification specified in Airbus Service Bulletin A320-33-1057, 
dated May 11, 2007; or Airbus Mandatory Service Bulletin A320-33-1057, 
Revision 01, dated January 31, 2008; does not address the root cause of 
the problem or alleviate all other operational problems related to the 
AC BUS 1 failures. We have not determined the root cause for loss of 
first officer displays following failure of AC BUS 1, but we know the 
root cause of this failure condition is not addressed by accomplishing 
Airbus Service Bulletin A320-24-1120, Revision 01, dated December 19, 
2007. Although we agree that accomplishing Airbus Service Bulletin 
A320-24-1120, Revision 01, dated December 19, 2007, would alleviate 
some of the other operational problems related to the AC BUS 1 
failures, the auto switching may not restore power to AC BUS1 and AC 
and DC ESS BUS. The modification specified in Airbus Service Bulletin 
A320-33-1057, dated May 11, 2007; or Airbus Mandatory Service Bulletin 
A320-33-1057, Revision 01, dated January 31, 2008; will ensure that the 
standby instruments are visible in night operations and will continue 
to function for at least 30 minutes after failure of AC BUS 1 with no 
pilot action. In light of these factors, we may consider further 
rulemaking related to Airbus Service Bulletin A320-24-1120, Revision 
01, dated December 19, 2007, in the future. We have made no change to 
the AD in this regard.

Conclusion

    We 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 determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a note within the AD.

Costs of Compliance

    We estimate that this AD will affect 550 products of U.S. registry. 
We also estimate that it will take about 30 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Required parts will cost about $0 per product. 
Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these costs. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here. Based 
on these figures, we estimate the cost of the AD

[[Page 4128]]

on U.S. operators to be $1,320,000, or $2,400 per product.

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 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 this AD:
    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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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 FAA amends Sec.  39.13 by adding the following new AD:

2009-01-04 Airbus: Amendment 39-15783. Docket No. FAA-2008-0558; 
Directorate Identifier 2007-NM-365-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
27, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318, A319, A320, and A321 
airplanes, certificated in any category; all certified models; all 
serial numbers; on which classical standby instruments have been 
installed per Airbus Modification 20011 or 21999 in production, or 
per Airbus Service Bulletin A320-34-1280 in service; excluding 
airplanes identified in paragraphs (c)(1) or (c)(2) of this AD.
    (1) Airplanes on which ISIS equipment was installed per Airbus 
Modification 27620 in production or per Airbus Service Bulletin 
A320-34-1261 or Airbus Service Bulletin A320-34-1372 in service.
    (2) Airplanes on which Airbus Modification 37329 or 37330 was 
installed in production or per Airbus Service Bulletin A320-33-1057 
in service.

Subject

    (d) Air Transport Association (ATA) of America Code 33: Lights.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    ``Some operators have reported occurrences of loss of the AC BUS 
1 with subsequent loss of the AC ESS BUS and DC ESS BUS, resulting 
in the loss of 5 upper Display Units and the loss of integral 
lighting. In this situation, flight crews[s] have reported concerns 
in reading the standby instruments when the DOME lights were 
selected to OFF.
    ``This situation, if not corrected, could increase the workload 
of the flight crew * * *.
    ``This Airworthiness Directive (AD) mandates the modification of 
the electrical supply logic by adding a back-up supply on the 
battery hot bus for the under glare shield flood lighting.''

The unsafe condition is reduced ability of the flightcrew to 
maintain the safe flight and landing of the airplane in adverse 
operating conditions.

Actions and Compliance

    (f) Unless already done, within 42 months after the effective 
date of this AD: Modify the electrical supply logic of the under 
glare shield flood lighting in accordance with the instructions 
given in Airbus Mandatory Service Bulletin A320-33-1057, Revision 
01, dated January 31, 2008. Modifications done before the effective 
date of this AD in accordance with Airbus Service Bulletin A320-33-
1057, dated May 11, 2007, are acceptable for compliance with the 
modification in this paragraph.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-2141; fax (425) 227-1149. 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.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2007-0286, dated November 14, 2007; and Airbus Mandatory 
Service Bulletin A320-33-1057, Revision 01, dated January 31, 2008; 
for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A320-33-1057, 
Revision 01, dated January 31, 2008, to do the actions required by 
this AD, unless the AD specifies otherwise.

[[Page 4129]]

    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; fax +33 5 61 93 44 51; e-mail: 
[email protected]; Internet http://www.airbus.com.
    (3) You may review copies of the service information that is 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at 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 December 28, 2008.
Linda Navarro,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-26 Filed 1-22-09; 8:45 am]
BILLING CODE 4910-13-P