[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Proposed Rules]
[Pages 40776-40778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19419]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0713; Directorate Identifier 2007-NM-303-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318 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:

    Some operators have reported airframe vibration under specific 
flight conditions including gusts.
    Investigations have revealed that under such conditions, 
vibrations may occur when

[[Page 40777]]

the hinge moment of the elevator is close to zero, associated to 
elevator free-play.
* * * * *
    The unsafe condition is excessive vibration of the elevators, which 
could result in reduced structural integrity and reduced 
controllability of the airplane.

DATES: We must receive comments on this proposed AD by September 14, 
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 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-2009-0713; 
Directorate Identifier 2007-NM-303-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 2007-0163, dated June 11, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Some operators have reported airframe vibration under specific 
flight conditions including gusts.
    Investigations have revealed that under such conditions, 
vibrations may occur when the hinge moment of the elevator is close 
to zero, associated to elevator free-play.
* * * * *
    The unsafe condition is excessive vibration of the elevators, which 
could result in reduced structural integrity and reduced 
controllability of the airplane. The corrective action includes 
inspecting the elevators for excessive freeplay and repairing the 
elevator or servo controls, if necessary. You may obtain further 
information by examining the MCAI in the AD docket.

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. 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, 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.
    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

    We estimate that this proposed AD would affect about 11 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 $1,760, 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.

[[Page 40778]]

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

Airbus: Docket No. FAA-2009-0713; Directorate Identifier 2007-NM-
303-AD.

Comments Due Date

    (a) We must receive comments by September 14, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A318 series airplanes; 
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

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

    ``Some operators have reported airframe vibration under specific 
flight conditions including gusts.
    ``Investigations have revealed that under such conditions, 
vibrations may occur when the hinge moment of the elevator is close 
to zero, associated to elevator free-play.''
* * * * *
    The unsafe condition is excessive vibration of the elevators, 
which could result in reduced structural integrity and reduced 
controllability of the airplane. The corrective action includes 
inspecting the elevators for excessive freeplay, and repairing the 
elevator or servo controls, if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the later of the times specified in paragraphs (f)(1)(i) 
and (f)(1)(ii) of this AD, inspect the elevators for excessive 
freeplay, using a load application tool and a spring scale assembly, 
in accordance with 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). 
Repeat the inspection at intervals not to exceed 20 months.

    Note 1: Guidance on the inspection procedures can be found in 
Task 27-34-00-200-001 of the A318/A319/A320/A321 Aircraft 
Maintenance Manual (AMM).

    (i) Within 20 months since the date of issuance of the original 
French, German, or EASA airworthiness certificate or the date of 
issuance of the original French, German, or EASA export certificate 
of airworthiness, or within 3 months after the effective date of 
this AD, whichever occurs later.
    (ii) Within 20 months since the last inspection of the elevators 
for excessive freeplay performed in accordance with Task 27-34-00-
200-001 of the Airbus A320 Airplane Maintenance Manual.
    (2) If any inspection required by paragraph (f)(1) of this AD 
indicates that the freeplay in the elevator exceeds 7 millimeters, 
before further flight, repair the elevator or servo controls in 
accordance with a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA 
(or its delegated agent).

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) The EASA AD applies to Airbus Model A318, A319, A320, and 
A321 series airplanes, but the FAA AD applies only to Airbus Model 
A318 series airplanes. The actions required by the EASA AD for 
Airbus Model A319, A320, and A321 series airplanes are addressed in 
FAA AD 2001-16-09, amendment 39-12377, and FAA AD 2005-22-10 R1, 
amendment 39-14354.
    (2) This FAA AD does not require modification of the elevator 
neutral setting as specified in paragraph 2. of the EASA AD because 
this modification is already part of the FAA-approved type design 
for Airbus Model A318 series airplanes.
    (3) This FAA AD does not require a detailed inspection to 
determine the position of each tail cone triangle as specified in 
paragraph 3. of the EASA AD because that action was already 
accomplished on all Airbus Model A318 series airplanes during 
production.

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 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 EASA Airworthiness Directive 2007-0163, dated 
June 11, 2007, for related information.

    Issued in Renton, Washington, on August 3, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-19419 Filed 8-12-09; 8:45 am]
BILLING CODE 4910-13-P