[Federal Register Volume 74, Number 75 (Tuesday, April 21, 2009)]
[Rules and Regulations]
[Pages 18118-18121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8982]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0360; Directorate Identifier 2009-NM-039-AD; 
Amendment 39-15887; AD 2009-09-01]
RIN 2120-AA64


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

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

ACTION: Final rule; request for comments.

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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:

    During a routine inspection on an Airbus A321 aircraft, the 
operator discovered that a bearing of the flap track No. 1 pendulum 
assembly had migrated out of position. * * * This condition, if not 
corrected, could lead to separation of the bearing/flap track 
assembly, resulting in the detachment of the affected flap surface 
from the wing and consequent loss of control of the aircraft.
* * * * *
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective May 6, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 6, 2009.
    We must receive comments on this AD by May 21, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 this AD, 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.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA,

[[Page 18119]]

1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA) which is the Technical 
Agent of the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0025, dated February 10, 2009 [Corrected 
February 11, 2009] (referred to after this as ``the MCAI''), to correct 
an unsafe condition for the specified products. The MCAI states:

    During a routine inspection on an Airbus A321 aircraft, the 
operator discovered that a bearing of the flap track No. 1 pendulum 
assembly had migrated out of position. The investigation has 
confirmed that the pendulum bearing migration was probably due to 
the methods used during in-service replacement of the bearing during 
maintenance, whereby the necessary special tools, fixtures and 
equipment were not used. This condition, if not corrected, could 
lead to separation of the bearing/flap track assembly, resulting in 
the detachment of the affected flap surface from the wing and 
consequent loss of control of the aircraft.
    For the reasons described above, this AD requires a one-time 
inspection of the affected flap track No.1 pendulum assembly for 
bearing migration and, in case any bearing is found to have 
migrated, the replacement of the affected flap track pendulum 
assembly.

    Note: Based on this in-service experience, showing the potential 
safety effect of not following the TC Holder's accomplishment 
instructions, Airbus has removed the instructions to replace the 
bearing in the pendulum assembly from the A320 Family aircraft 
maintenance documentation. Component Maintenance Manual (CMM) 
references are 27-54-43 for the A318, A319 and A320, and 27-54-42 
for the A321.

If no migration is found during the one-time inspection for migration, 
the required actions include an inspection for correct swaging of the 
spherical bearing in the No.1 flap track pendulum assembly. If the 
bearing is found incorrectly swaged, the corrective actions include 
contacting Airbus for repair instructions and doing the repair. You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-57-1144, including Appendix 
01, Revision 01, dated June 18, 2007; and Service Bulletin A320-
57A1146, including Appendix 01, dated September 21, 2007. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the 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 FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because of 
the possible separation of the bearing and flap track assembly, 
resulting in the detachment of the affected flap surface from the wing 
and consequent loss of control of the airplane. Therefore, we 
determined that notice and opportunity for public comment before 
issuing this AD are impracticable and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-0360; Directorate 
Identifier 2009-NM-039-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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.

List of Subjects in 14 CFR Part 39

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

[[Page 18120]]

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:

2009-09-01 Airbus: Amendment 39-15887. Docket No. FAA-2009-0360; 
Directorate Identifier 2009-NM-039-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 6, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318-111, A318-112, A318-
121, A318-122, A319-111, A319-112, A319-113, A319-114, A319-115, 
A319-131, A319-132, A319-133, A320-111, A320-211, A320-212, A320-
214, A320-231, A320-232, A320-233, A321-111, A321-112, A321-131, 
A321-211, A321-212, A321-213, A321-231, and A321-232 airplanes; 
certificated in any category; except airplanes identified in 
paragraph (c)(1), (c)(2), (c)(3), or (c)(4) of this AD.
    (1) Any airplane for which the date of issuance of the original 
French or German airworthiness certificate or the date of issuance 
of the original French or German export certificate of 
airworthiness, is after February 24, 2009 (the effective date of 
European Aviation Safety Agency (EASA) Airworthiness Directive 2009-
0025 [Corrected: February 11, 2009]).
    (2) Any airplane for which it can be positively determined from 
records review that the bearing of any pendulum assembly has not 
been replaced or re-swaged since the date of issuance of the 
original French or German airworthiness certificate or the date of 
issuance of the original French or German export certificate of 
airworthiness.
    (3) Any airplane inspected prior to the effective date of this 
AD in accordance with Airbus Service Bulletin A320-57A1146, dated 
September 21, 2007 (for Model A318, A319 and A320 series airplanes); 
or in accordance with Airbus Service Bulletin A320-57A1144, dated 
February 6, 2007, or A320-57-1144, Revision 01, dated June 18, 2007 
(for Model A321 series airplanes), and on which it can be positively 
determined from a records review that thereafter no replacement with 
a pendulum assembly whose bearing has been replaced or re-swaged 
since new manufacture was performed.
    (4) Any airplane inspected prior to the effective date of this 
AD in accordance with Airbus Service Bulletin A320-57A1146, dated 
September 21, 2007 (for Model A318, A319 and A320 series airplanes); 
or in accordance with Airbus Service Bulletin A320-57A1144, dated 
February 6, 2007, or A320-57-1144, Revision 01, dated June 18, 2007 
(for Model A321 series airplanes), and on which it can be positively 
determined from a records review that thereafter no pendulum bearing 
replacement or re-swaging was performed.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

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

    During a routine inspection on an Airbus A321 aircraft, the 
operator discovered that a bearing of the flap track No.1 pendulum 
assembly had migrated out of position. The investigation has 
confirmed that the pendulum bearing migration was probably due to 
the methods used during in-service replacement of the bearing during 
maintenance, whereby the necessary special tools, fixtures and 
equipment were not used. This condition, if not corrected, could 
lead to separation of the bearing/flap track assembly, resulting in 
the detachment of the affected flap surface from the wing and 
consequent loss of control of the aircraft.
    For the reasons described above, this AD requires a one-time 
inspection of the affected flap track No.1 pendulum assembly for 
bearing migration and, in case any bearing is found to have 
migrated, the replacement of the affected flap track pendulum 
assembly.

    Note: Based on this in-service experience, showing the potential 
safety effect of not following the TC Holder's accomplishment 
instructions, Airbus has removed the instructions to replace the 
bearing in the pendulum assembly from the A320 Family aircraft 
maintenance documentation. Component Maintenance Manual (CMM) 
references are 27-54-43 for the A318, A319 and A320, and 27-54-42 
for the A321.

If no migration is found during the one-time inspection for 
migration, the required actions include an inspection for correct 
swaging of the spherical bearing in the No.1 flap track pendulum 
assembly. If the bearing is found incorrectly swaged, the corrective 
actions include contacting Airbus for repair instructions and doing 
the repair. You may obtain further information by examining the MCAI 
in the AD docket.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 600 flight hours after the effective date of this AD, 
inspect for migration, and correct swaging as applicable, of the 
pendulum assembly of flap track number 1 in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-57A1146, 
dated September 21, 2007 (for Model A318, A319 and A320 series 
airplanes); or in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-57-1144, Revision 01, dated June 18, 
2007 (for Model A321 series airplanes).
    (i) If the bearing of the pendulum assembly of flap track number 
1 is found to have migrated, before further flight, replace the 
affected pendulum assembly with a new pendulum assembly, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-57A1146, dated September 21, 2007 (for Model A318, 
A319 and A320 series airplanes); or in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-57-1144, 
Revision 01, dated June 18, 2007 (for Model A321 series airplanes).
    (ii) If the bearing of the pendulum assembly of flap track 
number 1 is incorrectly swaged, before further flight, contact 
Airbus for repair instructions and accomplish the repair.
    (2) After the effective date of this AD, no person shall replace 
the bearing in the pendulum assembly of the flap track or install a 
pendulum assembly, unless:
    (i) The pendulum assembly is of new manufacture, or
    (ii) It can be positively determined from a records review that 
the bearing of the pendulum assembly has not been replaced or re-
swaged since new.
    (3) Accomplishment of the actions required by paragraph (f)(1), 
(f)(2), and (f)(3) of this AD, before the effective date of this AD 
in accordance with Airbus Service Bulletin A320-57A1144, dated 
February 6, 2007, is acceptable for compliance with the 
corresponding requirements of paragraph (f) of this AD for Airbus 
Model A321 series airplanes.

FAA AD Differences

    Note 1: 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, Transport Airplane Directorate, 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 principal maintenance inspector (PMI) or principal 
avionics inspector (PAI), as appropriate, or lacking a principal 
inspector, your local Flight Standards District Office.
    (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,

[[Page 18121]]

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 2009-0025, dated February 10, 2009; Airbus Service 
Bulletin A320-57-1144, Revision 01, dated June 18, 2007; and Airbus 
Service Bulletin A320-57A1146, dated September 21, 2007, for related 
information.

Material Incorporated by Reference

    (i) You must use Airbus Service Bulletin A320-57A1146, including 
Appendix 01, dated September 21, 2007; or Airbus Service Bulletin 
A320-57-1144, including Appendix 01, Revision 01, dated June 18, 
2007; as applicable; to do the actions required by this AD, unless 
the AD specifies otherwise.
    (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; telephone +33 5 61 93 36 96; 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 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 that 
is incorporated by reference 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 April 8, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-8982 Filed 4-20-09; 8:45 am]
BILLING CODE 4910-13-P