[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Proposed Rules]
[Pages 19462-19464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9712]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0379; Directorate Identifier 2008-NM-220-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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: An A320 operator experienced difficulties in extending 
the RAT [ram air turbine] during a deployment testing. During the 
trouble shooting, the Ejection Jack of the RAT was removed and 
investigated. The investigation identified excessive wear of the uplock 
segments against the inner cylinder of the Ejection Jack, due to an 
incorrect blend radius of the inner cylinder. This Ejection Jack 
failure may prevent the effective deployment and use of the RAT in 
emergency conditions. The proposed AD would require actions that are 
intended to address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD May 29, 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.
    For service information identified in this proposed 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. You may review copies 
of the referenced 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.

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

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0379; 
Directorate Identifier 2008-NM-220-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0199, dated November 5, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:


[[Page 19463]]


    An A320 operator experienced difficulties in extending the RAT 
[ram air turbine] during a deployment testing.
    During the trouble shooting, the Ejection Jack of the RAT was 
removed and investigated.
    The investigation identified excessive wear of the uplock 
segments against the inner cylinder of the Ejection Jack, due to an 
incorrect blend radius of the inner cylinder. This problem was 
determined to be caused during the previous rework of the Ejection 
Jack and was possible due to the incomplete requirements contained 
within the Component Maintenance Manual (CMM).
    This Ejection Jack failure may prevent the effective deployment 
and use of the RAT in emergency conditions.
    This AD therefore mandates the replacement of an Ejection Jack 
that has been previously reworked in accordance with the incomplete 
CMM requirements. This will restore the reliability of the Ejection 
Jack of the RAT.
    The implementation of this modification was originally managed 
by an Airbus monitoring campaign. However, the rate of installation 
of the corrective action by operators has not met the predicated 
[sic] target. As such and to ensure continued compliance with the 
certification requirements, it is considered necessary to require 
compliance by means of an AD.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-29-1136, including Appendix 
01, dated February 20, 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 Proposed 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 proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

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 proposed 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 proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 187 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $29,920, or $160 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 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 this 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2009-0379; Directorate Identifier 2008-NM-
220-AD.

Comments Due Date

    (a) We must receive comments by May 29, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318, A319, A320, and A321 
series airplanes, certificated in any category, all certified 
models, all serial numbers, equipped with Hamilton Sundstrand 
(formerly Dowty) Ram Air Turbine (RAT) Ejection Jack, Model 
ERPS13EJ, part number (P/N) 114160004A or 114160005, except those 
airplanes on which Airbus modification 27189 was done in production 
or Airbus Service Bulletin A320-29-1100 was done in service, and on 
which Airbus modification 28413 was not done in production.

Subject

    (d) Air Transport Association (ATA) of America Code 29: 
Hydraulic Power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    An A320 operator experienced difficulties in extending the RAT 
during a deployment testing.
    During the trouble shooting, the Ejection Jack of the RAT was 
removed and investigated.
    The investigation identified excessive wear of the uplock 
segments against the inner cylinder of the Ejection Jack, due to an 
incorrect blend radius of the inner cylinder. This problem was 
determined to be caused during the previous rework of the Ejection 
Jack and was possible due to the incomplete requirements contained 
within the Component Maintenance Manual (CMM).

[[Page 19464]]

    This Ejection Jack failure may prevent the effective deployment 
and use of the RAT in emergency conditions.
    This AD therefore mandates the replacement of an Ejection Jack 
that has been previously reworked in accordance with the incomplete 
CMM requirements. This will restore the reliability of the Ejection 
Jack of the RAT.
    The implementation of this modification was originally managed 
by an Airbus monitoring campaign. However, the rate of installation 
of the corrective action by operators has not met the predicated 
[sic] target. As such and to ensure continued compliance with the 
certification requirements, it is considered necessary to require 
compliance by means of an AD.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 12 months after the effective date of this AD, 
identify the serial number of the installed ejection jack of the 
RAT, in accordance with Accomplishment Instructions of Airbus 
Service Bulletin A320-29-1136, dated February 20, 2007. If the 
serial number is included in the affected batch identified in the 
service bulletin, before further flight, replace the ejection jack 
of the RAT with a modified or reworked ejection jack, in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A320-29-1136, dated February 20, 2007.
    (2) As of the effective date of this AD, no person may install a 
RAT Ejection Jack Model ERPS13EJ, P/N 114160004A or 114160005, on 
any airplane unless the ejection jack has been modified or reworked 
in accordance with Airbus Service Bulletin A320-29-1136, dated 
February 20, 2007.

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, 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 2008-0199, dated November 5, 2008, and Airbus Service 
Bulletin A320-29-1136, dated February 20, 2007, for related 
information.

    Issued in Renton, Washington, on April 15, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification Service
[FR Doc. E9-9712 Filed 4-28-09; 8:45 am]
BILLING CODE 4910-13-P