[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Rules and Regulations]
[Pages 34218-34220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16466]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0832; Directorate Identifier 2008-NM-067-AD; 
Amendment 39-15965; AD 2009-15-02]
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.

-----------------------------------------------------------------------

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:

    In-service experience has shown that a fracture of the gerotor 
pump of the A320 RAT [ram air turbine] may occur. This may lead to 
the non-operation of the RAT in case of an in-flight deployment.
    The Non-Deployment or Non-Pressurization of the RAT, associated 
with a double engine failure or a total loss of normal electrical 
power generation constitutes an unsafe condition.
* * * * *

    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective August 19, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 19, 
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 August 4, 2008 (73 
FR 45174). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    In-service experience has shown that a fracture of the gerotor 
pump of the A320 RAT [ram air turbine] may occur. This may lead to 
the non-operation of the RAT in case of an in-flight deployment.
    The Non-Deployment or Non-Pressurization of the RAT, associated 
with a double engine failure or a total loss of normal electrical 
power generation constitutes an unsafe condition.
    This AD mandates the replacement of the affected gerotor pump 
assembly, which will provide the required improved reliability of 
the RAT.
    The implementation of this modification was originally managed 
by an AIRBUS monitoring campaign. However, the rate of installation 
of the modification by operators has not met the predicted target. 
As such and

[[Page 34219]]

to ensure continued compliance with the certification requirements 
it is considered necessary to require compliance by use of [an] AD.
* * * * *

    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 Change Certain Compliance Times

    Northwest Airlines (NWA) asks that the compliance time required by 
paragraph (f)(2) of the NPRM be changed from ``before further flight'' 
to ``within 15 months after the effective date of the AD.'' NWA states 
that paragraph (f)(1) allows 15 months to identify the part number and 
serial number of the RAT, and paragraph (f)(2) requires replacement of 
the suspect RAT gerotor pumps before further flight. NWA notes that 
this requirement is not conducive to effective planning and cost 
control; operators would be required to guess the number of pumps that 
would need replacement, which could result in unnecessary multiple 
orders (and resultant lead time issues) or over-purchasing of 
replacement pumps. NWA adds that if the location of the RAT is 
identified first, it would enable more efficient incorporation of the 
specified actions and prevent possible disruptions in schedule and 
costs that could result from ordering an incorrect amount of 
replacement parts.
    We agree with NWA because the unsafe condition is addressed if the 
pumps are replaced within the 15 month compliance time allowed. We have 
changed paragraphs (f)(1) and (f)(2) of this AD to clarify that the 15-
month compliance time is for all the required actions, which is 
consistent with the referenced EASA AD.
    NWA also asks that the compliance time in paragraph (f) of the NPRM 
be changed from 15 months to 21 months to align with scheduled ``C'' 
checks. NWA states that this extension would allow for replacement of 
the gerotor in a controlled environment, which is more conducive to the 
type of work where both personnel and equipment are available. NWA does 
not believe the additional compliance time will have an appreciable 
effect on safety, since the FAA quotes the MCAI, which specifically 
states in the NPRM that the AD is being proposed as a result of limited 
implementation of Airbus Service Bulletin A320-29-1122, dated July 27, 
2006, by operators. Therefore, NWA suggests that the compliance time 
necessary for replacing the RAT gerotor is not an immediate issue.
    We do not agree with NWA. The NPRM does not specify that it was 
proposed as a result of limited implementation of Airbus Service 
Bulletin A320-29-1122, dated July 27, 2006; instead, it states that the 
rate of installation of the modification by operators has not met the 
predicted target of the AIRBUS monitoring campaign. That statement does 
not mean the unsafe condition should not be addressed in a timely 
manner.
    In developing an appropriate compliance time for this AD, we 
considered the urgency associated with the subject unsafe condition and 
the practical aspect of accomplishing the required actions on the fleet 
in a timely manner. We recognize that operators may have different 
schedules for accomplishing heavy maintenance, but we have determined 
that the 15-month compliance time will include most operators' 
schedules for that type of work. Further, according to the provisions 
of paragraph (g)(1) of this AD, we may approve a request to adjust the 
compliance time if the request includes data that prove that the new 
compliance time would provide an acceptable level of safety. No change 
to this AD is necessary in this regard.

Retrofit Information

    NWA asks that the AD not require operators to submit the retrofit 
information sheet, as recommended in the Accomplishment Instructions of 
Airbus Service Bulletin A320-29-1122, dated July 27, 2006. We agree 
with NWA. We have included Note 1 in this AD to clarify that the 
retrofit information sheet is not required.

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

Costs of Compliance

    We estimate that this AD will affect 758 products of U.S. registry. 
We also estimate that it will take about 5 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 parts. 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 this AD to the U.S. operators 
to be $303,200, or $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;

[[Page 34220]]

    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:

2009-15-02 Airbus: Amendment 39-15965. Docket No. FAA-2008-0832; 
Directorate Identifier 2008-NM-067-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
19, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A318, A319, A320, and 
A321 airplanes, certificated in any category; except 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:
    In-service experience has shown that a fracture of the gerotor 
pump of the A320 RAT [ram air turbine] may occur. This may lead to 
the non-operation of the RAT in case of an in-flight deployment.
    The Non-Deployment or Non-Pressurization of the RAT, associated 
with a double engine failure or a total loss of normal electrical 
power generation constitutes an unsafe condition.
    This AD mandates the replacement of the affected gerotor pump 
assembly, which will provide the required improved reliability of 
the RAT.
    The implementation of this modification was originally managed 
by an AIRBUS monitoring campaign. However, the rate of installation 
of the modification by operators has not met the predicted target. 
As such and to ensure continued compliance with the certification 
requirements it is considered necessary to require compliance by use 
of [an] AD.
* * * * *

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 15 months after the effective date of this AD: 
Identify the part number (P/N) and serial number (S/N) of the RAT in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-29-1122, dated July 27, 2006.
    (2) For airplanes on which a RAT with P/N 680203037 is installed 
that has a S/N between 0101 and 0354 inclusive: Within 15 months 
after the effective date of this AD, replace the gerotor pump 
assembly and re-identify the RAT in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-29-1122, 
dated July 27, 2006.
    (3) For airplanes on which a RAT with P/N 680203037 is installed 
that does not have a S/N between 0101 and 0354 inclusive, or a RAT 
with a P/N other than P/N 680203037 is installed: No further action 
is required by this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: Although Appendix 01 of Airbus Service Bulletin A320-29-
1122, dated July 27, 2006, tells you to submit information to the 
manufacturer, this AD specifies that such submittal is not required.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, 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.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2008-0034, dated 
February 20, 2008 [corrected February 21, 2008]; and Airbus Service 
Bulletin A320-29-1122, excluding Appendix 01, dated July 27, 2006, 
for related information.

Material Incorporated by Reference

    (i) You must use Airbus Service Bulletin A320-29-1122, excluding 
Appendix 01, dated July 27, 2006; 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 July 2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-16466 Filed 7-14-09; 8:45 am]
BILLING CODE 4910-13-P